-v..-         / 


INDEX    DIGEST 


OF 


STATE  CONSTITUTIONS 


PREPARED    FOR 


THE  NEW  YORK  STATE 


CONSTITUTIONAL  CONVENTION  COMMISSION 


BY    THE 


LEGISLATIVE  DRAFTING  RESEARCH  FUND 


OF 


COLUMBIA  UNIVERSITY 


•        •  •     #    < 


The  New  York  State 

Constitutional  Convention  Commission 

1915 


Copyright  1915 
By  Columbia  University 


•     » •  • 


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SUPPLIED  TO  THE    DELEGATES 


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New  York  State 
Constitutional  Convention 

1915 


BY    THE 


New  York  State 
1  Constitutional  Convention 

^  Commission 


(Established  by  Laws  of  1914,  Chapter  261,  to  collect,  compile 
and  print  information  and  data  for  the  Consti- 
tutional Convention  of  1915) 


MEMBERS  OF  COMMISSION 


MORGAN  J.  O'BRIEN,  Chairman 
vi  2  Rector  Street,  New  York  City 


PRESIDENT  OF  THE  SENATE 

ROBERT  F.  WAGNER,  1913-14 
EDWARD  SCHOENECK,  1915-16 


^  SPEAKER  OF  THE  ASSEMBLY 

THADDEUS  C.  SWEET,  1914-15 


SAMSON  LACHMAN 

35  Nassau  Street,  New  York  City 

JOHN    H.  FINLEY 

State  Education  Building.    Albany,   N.  Y. 


Secretary  to  the  Commission 

FREDERICK  D.  COLSON 

New  York  State  Library,  Albany,  N.  Y. 


PREFACE 


The  Legislative  Drafting  Research  Fund  has  for  some  time 
planned  the  preparation  of  an  index  digest  of  state  constitutions 
to  meet  the  need,  which  it  constantly  experiences  in  its  own  work, 
of  readily  accessible  information  as  to  the  exact  provisions  of  the 
fundamental  law  of  the  states.  Prior  to  undertaking  the  prepa- 
ration of  this  index  digest  for  the  New  York  Constitutional  Con- 
vention of  1-91S  the  Fund  had  begun  the  work  of  collecting  and 
bringing  down  to  date  the  text  of  the  various  state  constitutions, 
but  the  actual  digesting  and  classification  of  their  provisions  had 
not  been  begnn  and  it  was  expected  that  the  satisfactory  comple- 
tion of  the  work  would  require  much  more  time  than  was  avail- 
aide  if  the  material  was  to  be  ready  for  the  use  of  the  Convention. 
We  were  persuaded,  however,  to  undertake  the  task  by  the  anticipa- 
tion of  a  pressing  demand  in  the  Convention  for  information  as 
to  the  content  of  other  state  constitutions,  and  by  the  hope  that 
the  use  of  such  a  digest  by  the  Convention  would  develop  valuable 
criticisms  and  suggestions  for  its  future  perfection. 

The  preparation  of  this  volume  was  not  begun  until  December. 
1914.  The  mass  of  the  material  to  lie  digested  and  the  necessity 
of  originating  a  classification,  as  well  as  the  painstaking  and  time- 
consuming  work  of  comparing  citations  and  proof-reading,  made  it 
necessary  that  the  digesting  and  editing  of  provisions  relating  to 
some  important  subjects  be  done  by  persons  not  members  of  our 
permanent  staff.  As  a  result  there  was  not  opportunity  for  that 
constant  consultation  among  all  the  members  of  the  editorial  staff 
which  is  so  essential  to  the  production  of  an  accurate  and  well- 
balanced  work  of  this  kind.  ~No  effort  has  been  spared  to  make 
the  digest  paragraphs  and  citations  accurate.  The  classification 
and  arrangement  of  the  material  present  the  chief  opportunity  for 
improvement  of  the  index  digest  in  its  present  form.  It  is  our 
hope  that  its  publication  in  this  form  will  provoke  discussion 
among  a  number  of  persons  interested  in  the  solution  of  tbc  prob- 
lems with  which  we  have  strug-gled.     It  is  our  intention  to  prepare 

tv] 


vi  Preface 

and  publish  at  some  later  date  a  revised  edition,  which  we  hope 
may  be  made  more  useful  to  public  officials  and  students  of  polit- 
ical science  by  reason  of  such  discussion.  For  this  reason  it  is 
earnestly  hoped  that  readers  noting  omissions  or  mistakes  will 
report  them,  together  with  general  or  specific  criticisms  of  the  plan 
and  scope  of  the  work.  Especially  desired  are  suggestions  as  to 
points  of  view  from  which  to  classify  the  material,  and  as  to  new 
titles  <>r  subheads. 

The  volume  lias  been  prepared  with  the  idea  of  giving  under 
each  title  and  subhead  enough  of  the  constitutional  provisions  to 
render  unnecessary  reference  to  the  text  of  the  constitution  unless, 
for  such  purposes  as  the  drafting  of  new  provisions,  the  exact 
phraseology  is  wanted.  Every  effort  has  been  made  to  make  the 
entries  conform  as  nearly  as  possible  to  the  language  used  and  to 
avoid  construing  the  constitutions.  As  a  consequence  of  this 
procedure,  many  provisions,  substantially  similar,  have  been  sep- 
arately entered,  because  the  method  of  expression  is  different. 

In  using  the  index  digest  it  should  be  remembered  that  it  is  in- 
tended to  be  a  comparative  statement  of  the  provisions  of  all  the 
constitutions  arranged  by  subject,  rather  than  an  attempt  to  pre- 
sent a  picture  of  each  constitution.  The  volume,  therefore,  should 
be  more  useful  to  a  person  desiring  information  as  to  how  any 
phase  of  a  subject  is  treated  in  the  various  states,  than  to  a  person 
seeking  to  find  how  a  particular  state  treats  that  subject;  e.  g., 
under  the  title  "  Public  Officers,"  subhead  "  Qualifications  and 
1  ^qualifications,''  the  reader  desiring  to  find  the  provisions  on  this 
subject  in  any  one  state  would  have  to  turn  over  many  pages, 
but  if  he  wishes  to  know  what  provisions  there  are  as  to  any  par- 
ticular branch  of  the  subject,  as  for  example,  the  effect  of  convic- 
tion fox  bribery,  he  will  tind  them  brought  together  in  one  place. 

It  should  also  be  remembered  that,  in  order  to  prevent  constant 
repetition,  provisions  relating  to  a  class  of  subjects  have  not  been 
repeated  under  all  the  particular  subjects  which  constitute  the 
class,  e.  g.,  a  provision  relating  to  public  officers  generally  is  di- 
gested only  under  that  title  and  not  repeated  under  the  titles  of 
particular  officers.  Conversely,  provisions  relating  to  a  particular 
aubjecl  forming  part  of  a  general  class  are  not  repeated  under  the 
general  class,  e.  g.,  provisions  relating  specifically  to  the  governor 


Preface  vii 

are  not  repeated  under  the  title  "  Public  Officer-."  It  results 
that  the  reader  must  carefully  follow  all  the  cross  references' given. 
The  material  digested  includes  all  amendments  adopted  up  to 
January  1,  1914,  so  far  as  we  have  been  able  to  obtain  them.  .Re- 
quests were  sent  to  the  various  secretaries  of  state  for  a  copy  of 
each  constitution  in  its  most  recent  form,  together  with  informa- 
tion as  to  amendments  adopted  since  its  publication.  The  material 
collected  was  checked  up  in  every  way  possible  in  the  time  avail- 
able, and  it  is  believed  that  the  texts  on  which  the  index  digest 
is  based  are  substantially  complete.  The  citations  in  all  cases 
are  to  the  article  and  section  of  the  constitution  as  it  now  stands, 
as  amended,  and  no  information  is  given  as  to  the  date  when 
adopted,  with  the  exception  that  the  figures  "  1914  "  have  been 
added  to  the  citation  in  many  cases  where  the  amendment  was 
adopted  in  that  year. 

LEGISLATIVE  DRAFTING  RESEARCH  FUND 

Columbia  University 

July,  1915. 


INDEX    DIGEST 


OF 


STATE  CONSTITUTIONS 


ACTIONS,  See  Courts — Actions,  and  references  there  given. 

ADMINISTRATION    OF  JUSTICE 

Rights  as  to  life,  liberty  and  property,  See  Life,  Liberty  and  Property. 
Courts,  See  Courts. 
Rights  of  accused,  See  Crimes. 
Remedy  for  injuries  generally,  See  Injuries. 
Remedy  for  injuries  to  persons,   See  Personal   Injuries. 
Remedy  for  injuries  to  property,  See  Property. 
Remedy  for  injuries  to  reputation.  See  Libel  and  Slander. 
Remedy  for  death,  See  Death. 

Justice  to  be  administered  conformably  to  the  laws.      (X.H.  I  14.) 
Justice    ought    to   be    administered    according   to    the    law    of    the    land. 

(Del.  I  9.;   Md.  D.R.  19.) 
Justice    to    be    administered    according    to   the    very    right    of    the    cause. 

(Del.  I  9.) 
Justice  ought  to  be  administered  conformably  to  the  laws.     (Ark.  II  13; 

Mass.  Pt.  I  2;  Minn.  I  8;  R.I.  I  5;  Vt.  I  4;  Wis.  I  9.) 
Justice  to  be  administered  completely.      (Ind.  I  12;   Me.  I   19;  X.H.  I   14; 

Ore.  I  10.) 
Justice  ought   to  be   administered  completely.      (Ark.   II    1.'!:    111.  II   19; 

.Mass.  Pt.  I   11:  Minn.  I  8;  R.I.  I  5;  Vt.  I  4:   Wis.  1  9.  i 
Justice  ought  to  be  administered  fully.      (Md.  D.R.  19.) 
Justice  to  be  administered  openly.     (Ariz.  II  11:  Ore.  I  10;  Wash.  I  10. 1 
Courts  to  be  open.     (Ala.  I  13;  Conn.  I  12;  Del.  I  9;  Fla.  D.R.  4;  Ind.  I 

12;  Ky.  14;  Miss.  Ill  24;  Nebr.  I  13;  X.C.  I  35;  X.D.  I  22;  Ohio  I  16; 

Pa.  I  11;  S.D.  VI  20;  Tenn.  I  17;  Tex.  I  13;  Utah  I  11:  W.Va.  Ill  17: 

Wyo.  18.) 
Courts  to  be  open  to  every  person.      (Colo.  II  6;   Ida.  I  IS;   Mo.  II  10; 

Mont.  Ill  6;   Okla.  II  6.) 
Courts  to  be  public.      (S.C.  I  15.) 
Courts  not  to  be  secret.      (Ore.  I  10.) 

Justice  to  be  administered  without  prejudice.      (Ida.  I  18;  Okla.  II  6.) 
Justice  to  be  administered  without  partiality.     (La.  6.) 

[1] 


2  State  Constitutions 

ADMINISTRATION  OF  JUSTICE    [Cont'd) 

Justice  to  be  administered  without  denial.  (Ala.  I  13;  Colo.  II  6; 
I  onn.  I.  12;  Del.  I  9;  Fla.  D.R.  4;  Ida.  I  18;  Ind.  I  12;  Ky.  14;  La.  6; 
Me.  I  19;  Miss.  HI  24:  .Mont.  Ill  6;  Xebr.  I  13;  X.H.  I  14;  NX.  I  35; 
N.D.  I  22j  Ohio  I  16;  Okla.  II  0;  Pa.  I  11;  S.D.  VI  20;  Tenn.  I  17; 

W.Va.  Ill  17.) 

Every  person  ought  to  obtain  justice  without  denial.     (Ark.  II  13;  111.  II 

L9;  Md.  D.R.  19;   Mass.  Pt.  I  11;  -Minn.  I  8;  Mo.  II  10;  R.I.  I  5;  Vt.  I 

4;  Wis.  I  9.) 
Justice  to  he  administered  freely.      (Ind.  I   12;   Me.  I   19;   X.H.  I  14.) 
Justice  ought  to  be  administered  freely.      (Ark.  II   13;   111.  II   19;   Md. 

D.R.  19:   Mass.  Pt.  I  2;  Minn.  I  8;  R.I.  I  5;  Vt.  I  4;  Wis.  I  9.) 
Justice  to  In-  administered  without  unreasonable  expense.      (Del.  I  9.) 
Justice  to  be  administered  without  sale.      (Ala.  I  13;  Colo.  II  6;  Conn. 
I  12;   Del.  I  9;  Fla.  D.R.  4;  Ida.  I  18;  Ky.  14;  Me.  I  19;  Miss.  Ill  24; 
Mont.  Ill   6;  XX.  1  35;  X.D.  I  22;  Okla.  II  6;  Pa.  I  11;  Tenn.  I  17; 

W.Va.  Ill  17.) 
Justice  ought  to  be  administered  without  sale.  (Md.  D.R.  19;  Mo.  II  10.) 
Justice   to  be   administered  without   purchase.      (Ind.   I    12;    X.H.    I   14; 

Ore.  I  10.) 
Justice  ought  to  be  administered  without  purchase.      (Ark.  II  13;  111.  II 

19;   Mass.  Pt.  I  2:  Minn.  I  8;  R.I.  I  5;  Vt.  I  4;  Wis.  I  9.) 
Justice  to  lie  administered  without  delay.      (Ala.  I  13;   Colo.  II  6;  Conn. 

I  12;  Fla.  D.R.  4;  Ida.  I  18;  Ind.  I  12;  Kan.  B.R.  18;  Ky.  14;  Me.  I 
19;  Miss.  Ill  24:  Mont.  Ill  6;  Xebr.  I  13;  X.H.  I  14;  X.C.  I  35; 
N.D.  1   22;   Ohio  I  16;   Okla.  II  6;   Ore.  I   10;   Pa.  I  11;   S.D.  VI  20; 

Tenn.  I  17;  W.Va.  Ill  17.) 
Every   person   ought  to  obtain  justice  without,  delay.      (Ark.  II   13;   111. 

II  19;   Md.   D.R.   19;   Mass.  Pt,  I  2;   Minn.  I  8;   Mo.  II   10;   R.I.  I  5; 

Vt.   I   4;    Wis.   I   9.) 
Justice   to   be   administered   without  unnecessary   delay.      (Ariz.   II    11; 

Wash.  I  10.) 
Justice  administered  without  unreasonable  delay.      (Del.  I  9;   La.  6.) 
Justice  to  be  administered  promptly.     (Me.  I  19;  X.H.  I  14.) 
Justice   ought  to   he   administered   promptly.      (Ark.    II    13;    111.    II    19; 

M;!s<.   Pt.  I  2;   Minn.  I  8;   R.I.  I  5;  Vt.  I  4;   Wis.  I  9.) 
Justice  to  be  administered  speedily.     (Ind.  I  12.) 
Justice  ought  to  be  ad  ministered  speedily.      (Md.  D.R.  19.) 
Remedy  to  be  speedy  for  wrongs  sustained.     (S.C.  I  15.) 
AGE 

As  qualification  to  vote.  See  Elections. 

As    qualification    to   hold   office,   See   the   particular   officer   or   class   of 

off" 
Declaring  of  age  !■;<  local  or  special  law,  See  Minors. 
Age  "i  consenl    for  unmarried  women  to  be  14.     (S.C.  Ill  28.) 

AGRICULTURE 

Under  "  Board  of"  ,m<!  "Commissioner  <>f  "  in  this  title  are  digested 
those  provisions  which  specifically  refer  to  these  officers.   For  provisions 

■In at   lo  nil  officers  inol  lii  nee  lo   them.  See  the  title  I'TBLIC  OFFICERS; 


Index  Digest  3 


AGRICULTURE    (Cont'd) 

for  provisions  referring  to  elections  in  general,  See   title  Elections; 
.for  provisions  allowing  legislature  to  establish   offices  and  provide  for 
their  election  or  appointment,  See  title  Public  Officers. 
Board  of 

In    Louisiana    and    Virginia    known    as    Board    of    Agriculture    and 

Immigration. 
Abolition 

Board   to   continue   for   eight  years,  then   may  be   abolished   by 

legislature.     (Del.  XI  7.) 

Compensation 

As  provided  by  law.      (Del.  XI  6;  Okla.  VI  31.) 
None,    except    expenses    incurred    in    attending    meetings.       (La. 

307.) 

Election  or  Appointment 
Elected.      (Mich.  XI  7.) 

As  shall  be  prescribed   by  law.      (Okla.   VI   31.) 
Appointed  by  governor  by  and  with  consent  of  a  majority  of  all 

members  elected  to  senate.     (Del.  XI  3.) 
Appointed  by  governor  subject  to  confirmation  by  senate.      (La. 

305;  Va.  X  143.) 

Members  and  Qualifications 

Three,  one  from  each  county.      (Del.  XI  2.) 
Five,  all  farmers.      (Okla.  VI  31.) 

Six,     including     president     of     Agricultural     College     ex-officio. 

(Mich.  XI  7.) 
One  practical  farmer  from  ea'ch  congressional  district.      (Va.  X 

143.) 
One  from  each  congressional  district;  chosen  from  men  engaged 
in  leading  agricultural  interests  of  state,  and  ex-officio  gov- 
ernor, commissioner  of  agriculture  and  immigration,  president 
and  vice-president  of  board  of  supervisors  of  Louisiana  State 
University  and  Agricultural  College.  Director  of  state  experi- 
ment stations.      (La.   307.) 

Powers  and  Duties 

Control   and    direction    of    state   agricultural    organizations   and 

farmers'    institutes,    encourage    fairs    and    local    agricultural 

organizations,  and  as  fixed  by  legislature.      (La.  306.) 
To   elect   its   own   officers,   establish    subordinate   branches,    and 

as  may  be  prescribed  by  law.      (Va.  X  144.) 
As  may  be  prescribed  by  law.      (Mich.  XI  S.) 
Jurisdiction  over  all  matters  affecting  animal  industry,  animal 

quarantine    regulations,    and    as   may   be   prescribed    by    law. 

(Okla.  VI  31.) 

Term  of  Office 

As  provided  by  law.      (Okla.  VI  31.) 

Three  years.     (Del.  XI  3.) 

Four  years.     (Va.  X  143.) 

Six  years.      (La.  307;  Mich.  XI  1,  8.) 


S  1  ATI:     (  'u.XSTITL'TIOXS 


AGRICULTURE    [Cont'd) 

BUREAU   OF 

Lalior,    agriculture    and    industry    under    control    of  commissioner. 

(Mont.  XVIII   1.) 

Statistics,  agriculture  and   immigration  may  be  established  in  office 

of  secretary  of  stale  under  regulations  prescribed  by  law.     (Wash. 

II   34.) 
Agriculture,    mining    and    manufacturing   may   be   created   by   legis- 
lature.     (Ark.  XI.) 

Commissioner  ov 
Title 

Commissioner  of  agriculture.      (Fla.   IV  20.) 
Commissioner  of  agriculture  and  labor.      (N.D.  Ill   83.) 
Commissioner  of  agriculture,      labor      and      industry.         (Mont. 

XVIII  1.) 
Commissioner  of  agriculture,  labor  and  statistics.      (Ky.  91.) 
Commissioner  of  agriculture  and  industries.      (Ala.  V.   112.) 
Commissioner  of  agriculture  and  immigration.      (Va.  X  145.) 
Compensation 

As  provided  by  law.      (Mont.  XVIII  1.) 
Paid   by   salary   and   not   otherwise.      (Ky.    96.) 
Prescribed   by  law,   not  increased  or  diminished  for  period   for 

which  elected.      (N.D.  Ill  S4.) 
Limited  to  salary  prescribed  by  law;  cannot  be  increased  during 

term  for  which  elected.      (Ala.  V  137,  118.) 
Fifteen    hundred    dollars,    legislature    may    change    after    eight 
years;    no    additional    compensation    for    services   to    state    in 

other  capacities.      (Fla.  IV  29.) 

Election  or  Appointment 
Fleeted.      (Va.  X   145.) 

Elected  at  same  time  and  place  as  member  of  legislature.     (Ala. 

V   114;   N.D.  Ill   82.) 
Elected  at  same  time  as  governor.      (Ida.  IV  20;  Ky.  91,  95.) 
Appointed  by  governor  subject  to  confirmation  of  senate.     (Mont. 

XVIII   1.) 

Return  of  election  same  as  governor.      (Ala.  V  115.) 
Fees 

l'i-   payable  for   services  paid  at  once  into  treasury.      (Ala.   V 

137.) 
Fees  collected  to  be  covered  into  treasury.      (Ky.  93;  N.D.  84.) 
Impeachment,   See   Impeachment. 
Powers    and    Duties 

Prescribed  by  law.     (Ala.  V  137;  Fla.  IV  26;  Ky.  91,  93;  N.D. 

Ill    83.) 
Prescribed   by  board  of   agriculture   and   immigration  until  pro- 
vided otherwise  by  law.     [Va.  X  145.) 
To   ] '■■'■'     control   of   bureau   of   agriculture,   labor    and   industry. 

(Mont.  XVIII   1.) 


Index  Digest 


AGRICULTURE   ( Cont'd) 

Commissioner  of    (Cont'd) 
Qualifications 

Twenty-five  years  old;  citizen  of  United  States  and  same  quali- 
fications as  state  electors.      (N.D.  Ill   82.) 
Thirty  years  old,  at  time  of  election  and  resident  of  Kentucky; 
ineligible  to  re-election.      (Ky.  91.) 
Residence 

Seat  of  government.      (Mont.  XVIII  1;   N.D.  Ill  S2.) 
State  capitol,  except  during  epidemics.      (Ala.  V  118;  Fla.  XVI 

10.) 
Term  of  Office 

Two  years  and  until  successor  qualified.      (N.D.  Ill  82.) 
Four  years.      (Va.  X  45.) 

Four  years  and  until  successor  qualified.     (Ala.  V  116;  Ky.  91; 

Mont.  XVIII  1.) 
Same  as  governor  and  until   successor  qualified.      (Fla.  IV  20, 

XVI  14.) 
Vacancy    in    Office 

Filled  by  governor,  unless  disability  removed  or  successor  elected 

and  qualified.      (Ala.  V  136.) 
Department  of 

Created,   to  be  under  control   of   regents   of   College  of  Agriculture. 

(KM.  XV  1.) 
Agriculture   and    immigration,    permanently   maintained   at    capital. 

(Va,  X   143.) 
Legislature    to    establish    department    of    agriculture,     immigration 
and  statistics,  under  regulations  which  best  promote  agricultural 
interests  of  state.      (N.C.  Ill   17.) 
Secretary   of   internal   affairs   to   discharge   such    duties   relating   to 
agriculture  as  may  be  prescribed  by  law.      (Pa.  IV  19.) 
Agricultural  Associations 

Legislature  to  provide  for  incorporation  of  by  general  law,  but  not 
to  pass  any  special  law  therefor.      ( Fla.  Ill  25. ) 
Agricultural  Corporations 

Legislature  to  provide  by  general  law  for  incorporating  such  agri- 
cultural  companies   or    associations    as    deemed   necessary.      (Fla. 

Ill  25.) 
Appropriation  of  water  for,  See  Waters  —  Appropriation. 
Dealing  in  Futures  in  Products  of 

Where   no    bona    fide   delivery   intended,    against   public    policy    and 
legislature  to  pass  laws  to  suppress  it.      (La.  189.) 
Drainage  for,  See  Drainage. 
Education,  See  Education. 

Eminent  Domain  for  Agricultural  Purposes,  See  Eminent  Domain. 
Encouragement  of 

Legislature  to  encourage  agriculture.     (Ark.  X  1;  Ind.  VIII  1;  Iowa 

IX  2;   Miss.  VIII  201;   W.Va.  XII   12.) 
Legislature    to    enact    laws    for    encouragement    of    sheep    industry. 

(N.C.  Ill  17.) 


S  i  ATK    (  lONSTITUTIONS 


AGRICULTURE    [Cont'd) 

Encouragement  OF   (Cont'd) 

Legislature  to  encourage  private  societies,  public  institutions,  awards 
and  immunities  tor  the  promotion  of  agriculture.      (Mass.  Pt.  II 

Ch.  V  Sec.  II.) 
Any  person  may  sell  or  peddle  the  products  of  the  farm  or  garden 
occupied  and  cultivated  by  him  without  obtaining  a  license  there- 
for.    (Minn.  I  18.) 
Farm  Mortgages,  Investment  of  School  Funds  in,  See  Education  — 

Funds. 
Fences,  See  Fences. 

I.nsi'ection  of  Products  of,  See  Inspection. 
Labor,  See  Labor. 
Lease  of  Agricultural  Land 

Lease  or  grant  of  land  for  agricultural  purposes  over  21  years  re- 
serving any  rent  or  service  of  any  kind  invalid.      (Minn.  I  15.) 
Same;   20  years.    (Iowa  I  24.) 
Same:    15  years.      (Wis.  I  14.) 
Same;    12  years.    (Mich.  XVI   10;   N.Y.  I   13.) 
Live  Stock  Districts 

Legislature  not  to  pass  a  private,  special  or  local  law  establishing 
separate  stock  districts.      (Ala.  IV  104.) 
Live  Stock  Laws 

Legislature  not  to  pass  any  special,  local  or  private  legislation  relat- 
ing to  stock.     (Miss.  IV  90.) 
Monopoly  in  Products,  See  Monopolies  and  Trusts. 
Mortgage  Corporations 

Corporations  formed  for  sole  purpose  of  lending  on  country  property 
not   to  receive  money  on  deposit  or  do  banking  business;    under 
examiner  of  state  banks.      (La.   230.) 
Promotion  of 

Board  of  public  works  to  adjust  rates  on  all  railroads  and  canals 

in   which    state   has   an    interest,    so    as    to    promote    agricultural 

interests  of  state.      (Md.  XII  2.) 

Legislature  to  provide  lands  and   funds  necessary  for  experimental 

tanning  and   demonstration  of  department  of  agriculture.      (N.M. 

XV  1.) 
Pro  I  ECTION  of 

Board  of  agriculture  to  maintain  effective  control  of  sale  and  manti- 
facture  of  fertilizers  and  Paris  green  for  suppression  of  adultera- 
tion and  fraud  therein.     (La.  306.) 
I '.oanl  to  abate  and  prevent  by  such  means  as  legislature  prescribes 
all   contagious  and    infectious   diseases  of   fruit  trees,   plants   and 

farm  animals.      (Del.  XI  4.) 
Legislature  to  enact  laws  for  adequate  protection  of  sheep  industry. 

(N.C.  Ill  17.) 

Legislature  to   provide  against  introduction  or  spread  of  infectious 

or  contagious  disease,  and  also  a  system  of  quarantine  or  inspec- 

tio7i   and  other  regulations  necessary  for  "and  most  conducive  to 

k  interests  in  state".      (Ida.  XVI   1;   Wyo.  XIX  1.) 


INDEX    DlGKBST 


AGRICULTURE   (Cont'd) 
Protection  of  (Cont'd) 

Legislature  may  regulate  and  protect  stock  raisers,  exempting  non- 
stock raising  sections  of  the  state  from  such  laws,  may  pass  gen- 
eral or  special  laws  for  inspection  of  cattle,  stock  and  hides  and 
to  regulate  brands;  local  laws  thus  passed  must  be  approved  by 
freeholders  of  the  section  affected.  (Tex.  XVI  23.) 
Regulation  of 

Not  to  be  regulated  by  local  or  special  law.   (La.  48.) 
Running  at  Laege  of  Live  Stock 

Law  relating  to  running  at  large  of  stock  excepted  from  provision 
prohibiting  enactment  to  take  effect  on  the  approval  of  any  other 
authority  than  the  legislature,  unless  otherwise  provided  in  this 

constitution.     (Ky.  60.) 
Legislature   not   to   pass   local,   private   or   special   law   affecting   or 
regulating  running  at  large  of  stock.      (Ky.  59;   Va.  IV  63.) 
State  Employment  in 

State  shall  not  engage  in  except  for  education  or  scientific  purposes 
and  for  support  of   its  penal,   charitable   and  educational   institu- 
tions.     (Okla.  II  31.) 
Straying  of  Live  Stock 

No  special  or  local  law  to  be  passed  regarding  straying  of  live  stock. 

(Del.  II  19.) 
Taxation 

See  Taxation  —  Assessment  —  Improved  and  Cultivated  Land. 
See  Taxation  —  Assessment  —  Live  Stock. 

See  Taxation  —  Exemptions  —  Agricultural  and  Horticultural 

Societies. 
See  Taxation  —  Exemptions  —  Agricultural  Implements. 
See  Taxation  —  Exemptions  —  Farm  Products. 
See  Taxation  —  Exemptions  —  Forests,  Grape  Vines,  Trees. 
Transportation 

Railroad  companies  transporting  grain  in  bulk  or  otherwise,  to 
deliver  it  to  consignee  or  elevator  or  public  warehouse,  if  con- 
signee, elevator  or  warehouse  can  be  reached  by  track  owned, 
leased  or  used,  or  which  can  be  used  by  railroad  company;  track 
connections  to  be  allowed.  (111.  XIII  5.) 
Railroad  companies  and  other  common  carriers  on  railroads  to  weigh 
and  measure  grain  at  points  where  shipped  and  receipt  for  full 
amount,  and  be  responsible  for  delivery  of  such  amount  to  owner 
or  consignee  at  place  of  destination.  (111.  XIII  4.) 
Caretakers  of  fruit  and  live  stock  may  be  given  free  transportation 
by  transportation  company.      (Okla.  IX  13.) 

ALIENS 

Corporations  Controlled  by,  See  below,  this  title.  Lands  and  Mines. 
Denizen 

Every  person  of  good  character  who  comes  to   settle  in  this   state 

having   first  taken  an   oath  or  affirmation  of  allegiance  to   same. 

deemed  a  free  denizen  thereof  after  one  year's  residence,  entitled 

to  all  rights  of  natural-born  subject  except  privileges  of  freeman 

or  right  to  hold  certain  offices.      (Vt.  II  62.) 


8  State  Constitutions 


ALIENS   {Cont'd) 

Immigration,  See  Immigration. 
Lands  and  aIines 

See  also  thronghowt  tJtis  title. 

Legislature  to  enact  laws  to  limit,  restrict  or  prevent  acquiring  and 
holding  of  land  in  state  by  non-resident  aliens.      (Miss.  IV  84.) 

Every  person  of  good  character,  who  comes  to  settle  in  this  state, 
having  first  taken  an  oath  or  affirmation  of  allegiance  to  the 
same,  may  purchase,  or  by  other  just  means  acquire,  hold  and 
transfer  land,  or  other  real  estate.      (Vt.  II  62.) 

Real  estate  excepted  from  guarantee  of  property  rights  to  foreigners 
of  white  race  or  of  African  descent  eligible  to  become  citizens  of 
United  States  under  naturalization  laws,  but  they  may  remain 
owner  of  real  estate  owned  at  time  of  adoption  of  amendment, 
and  legislature  may  provide  for  disposition  of  real  estate  acquired 
hereafter  by  them  by  devise  or  descent.      (Cal.  I   17.) 

Not  to  acquire  title  to  or  oavii  land  in  the  state  and  legislature  to 
enact  laws  whereby  aliens  and  heirs  hereafter  acquiring  real 
estate  shall  dispose  of  same  within  five  years  upon  condition  of 
escheat  or  forfeiture  to  state;  not  applicable  to  Indians  born  in 
United  States  nor  to  aliens  who  may  become  bona  fide  residents 
of  state,  nor  to  lands  now  owned  by  aliens  in  the  state.      (Okla. 

XXII   1.) 

To  be  duty  of  legislature  to  enact  laws  limiting  number  of  acres  of 
land  which  alien  or  corporation  controlled  by  aliens  may  own  in 

the  state.      (S.C.  Ill  35.) 

Chinamen  not  resident  of  state  at  adoption  of  constitution  not  to 
hold  real  estate  or  mining  claim  or  work  any  mining  claim;  legis- 
lature to  enforce  this  provision.      (Ore.   XV   8.) 

Ownership  of  land  by  aliens  other  than  those  who  in  good  faith 
have  declared  intention  to  become  United  States  citizens,  pro- 
hibited, except  where  required  by  inheritance,  under  mortgage  or 
in  good  faith  in  ordinary  course  of  justice  in  collection  of  debts; 
and  conveyance  of  lands  to  alien  or  in  trust  to  alien  to  be  void; 
not  applicable  to  lands  containing  valuable  deposits  of  minerals, 
metals,  iron,  coal  or  fire  clay,  and  necessary  land  for  mills  and 
machinery  to  be  used  in  development  thereof  and  manufacture  of 
products  therefrom;  corporation,  majority  of  whose  capital  stock 
is  owned   by   aliens,   to   be   considered   alien   for    above   purposes. 

(Wash.  II  33.) 

Aliens  and  denizens  to  have  same  right  as  citizens  to  acquire,  pur- 
chase poBsess,  enjdy,  convey,  transmit  and  inherit  mines  and  min- 
ing property,  and  milling,  reduction,  concentrating  and  other 
works  and  properly  necessary  for  or  connected  with  business  of 
mining  and  treating  ores  and  minerals,  but  this  not  to  infringe 
upon  authority  of  United  States  to  provide  for  sale  or  disposition 
of  mineral  and  other  public  lands.  (Mont,  III  25.) 
Naturalization 

General  trial  courts  to  have  power  of  naturalization  in  accordance 
with  laws  of  United  States.      (X.M.  VI  13;   Okla.  VII  10.) 


Index  Digest 


ALIENS   (Cont'd) 

Naturalization  (Cont'd) 

General  trial  courts  to  have   power   of  naturalization  and  to  issue 

papers  therefor.     (Ariz.  VI  6;  Cal.  VI  5;  Wyo.  V  10;   Wash.  IV  6.) 

General  trial   courts  to  have  power  of  naturalization   and   to  issue 

papers    in    accordance   with   laws    of    the   United    Stales.      (Mont. 

VIII   11.), 
Property  Eights 

Lands  and  Mines,  See' above,   tins  title.  Lands  and  Mines. 
All  Aliens 

To  be  treated  like  citizens  in  respect  to  inheritance,  ownership 

and  disposition  of  property.      (Fla.  D.R.   IS.) 
Rights    may    be    regulated    by    law    in    respect    to    purchase    or 

descent  of  property.      (Kan.  B.R.  17.) 
Resident 

To  be  treated  like  citizens  in  respect  to  acquisition  of  property. 

(Colo.  II  27;  W.Va.  II  5.) 
To  be  treated  like  citizens  in  respect  to  disposition  of  property. 

(W.Va.  II  5.) 
To  be  treated  like  citizens  in  respect  to  enjoyment  of  property. 
(Ala.  I  34;  Ark.  II  20;  Colo.  II  27;  Iowa  I  22;  Mich.  XVI  9; 
Nebr.  I  25;  Nev.  I  16;  S.D.  VI  14;  Wis.  I  15;  Wyo.  I  29.) 
To  be  treated  like  citizens  in  respect  to  inheritance  of  property. 
(Ala.  I  34;  Ark.  II  20;  Colo.  II  27;  Iowa  I  22;  Mich.  XVI  9; 
Nebr.  I  25;   Nev.  I  16:   S.D.  VI   14;   W.Va.  II  5;  Wis.  I  15; 

(Wyo.  I  29.) 
To  be  treated  like  citizens  in  respect  to  ownership  of  property. 

(N.M.  II  22.1 

To  be  treated  like  citizens  in  respect  to  possession  of  property. 

(Ala.  I  34;  Ark.  II  20;  Colo.  II  27;  Iowa  I  22;  Mich.  XVI  9; 

Nebr.  I  25;   Nev.  I   16;   N.M.  II  22;    S.D.  VI    14;   Wis.  I   15; 

Wyo.  I  29.) 
To  be  treated  like  citizens  in  respect  to  taxation.  (Wyo.  I  29.) 
To   be   treated   like   citizens   in    respect   to   tenure   of   property. 

(W.Va.  II  5.) 
Resident,  White 

White  foreigners  who  are  or  may  hereafter  become  residents  of 
state,  to  enjoy  same  rights  in  respect  to  possession,  enjoy- 
ment and  descent  .of  property  as  native-born  citizens.      (Ore. 

I  31.) 
Residents  White  or  of  African  Descent 

Eligible  to  become  citizens  of  United   States   under  naturaliza- 
tion laws,  to  be  treated  as  citizens  in  respect  to  acquisition, 
possession,    enjoyment,    transmission    or    inheritance   of   prop- 
erty other  than   real  estate.      (Cal.  I   17.) 
Protection  from 

Legislature  to  prescribe  necessary  regulations  to  protect  state, 
counties  and  municipalities  from  aliens  who  are  or1  may  become 
vagrants,  paupers,  mendicants,  criminals  or  afflicted  with  con- 
tagious   or    infectious    diseases    or    otherwise    dangerous.       (Cal. 

XIX  1.) 


LO  State  Constitutions 


ALIENS  [Cont'd) 

PB(M  El   dOH    FROM    I  Cont'd) 

The  legislature  shall  prescribe  all  necessary  regulations  for  the  pro- 
tection of  the  state,  and  the  counties,  cities  and  towns  thereof, 
from  the  burdens  and  evils  arising  from  the  presence  of  aliens 
dangerous  or  detrimental  to  the  well-being  or  peace  of  the  state, 
and  to  impose  conditions  upon  which  such  persons  may  reside  in 
the  state,  and  to. provide  the  means  and  mode  of  their  removal 
from  the  state,  upon  failure  or  refusal  to  comply  with  such  con- 
ditions.     (Cal.  XIX  1.) 

Asiatic  coolieism  is  a  form  of  human  slavery,  and  is  forever  pro- 
hibited in  this  state,  and  all  contracts  for  coolie  labor  shall  be 
void.  All  companies  or  corporations,  whether  formed  in  this 
country  or  any  foreign  country,  for  the  importation  of  such  labor, 
shall  be  subject  to  such  penalties  as  the  legislature  may  prescribe. 
The  legislature  shall  delegate  all  necessary  power  to  the  incor- 
porated cities  and  towns  of  this  state  for  the  removal  of  Chinese 
without  the  limits  of  such  cities  and  towns,  or  for  their  location 
within  prescribed  portions  of  those  limits,  and  it  shall  also  pro- 
vide the  necessary  legislation  to  prohibit  the  introduction  into 
this  state  of  Chinese  after  the  adoption  of  this  constitution.  This 
section  to  be  enforced  by  appropriate  legislation.      (Cal.  XIX  4.) 

Right  to  Employment  on  Public  Works,  See  Labor  —  Public  Works. 
Right  to  Hold  Office,  See  Public  Officers  —  Qualifications  and  Dis- 
qualifications. 
Right  to  Liquor  License,  See  Liquors. 
Voting,  See  Elections. 

AMENDMENT  OR  REVISION  OF  CONSTITUTION 

(i\   Initiative  Petition,  See  Initiative  and  Referendum. 

Adoption  by  People  of  Laws  Declared  Unconstitutional,  See  Courts 
—  Decisions. 

Exclusiveness  op  Method 

Constitution    may    only    be   revised   and    amended    "  in    pursuance   of 

the  provisions  of  this  article".      (Mo.  XV  1.) 
This   article   shall  not  impair  the  right  of  the  people  to  amend  by 

\>te  upon   an   initiative  petition.      (Okla.  XXIV  2;    Ore.  XVII  1.) 
Provisions  of  section   providing  method  for  proposal  of  amendments 

by    legislature    and    ratification    by    people,    not    to    he    changed, 

altered   or   abrogated   except   through   a  general   convention  called 

;is  provided   in   constitution.      (X.M.   XIX  5.) 

Adopted  b?  Two  Legislatures 

Amendment  may  be  proposed  in  either  house,  agreed  to  by  two- 
thirds  of  all  members  elected  to  each  house,  entered  on  their 
journals  with  yeas  and  nays.  Published  by  secretary  of  state 
three  months  before  next  general  election  in  three  newspapers 
in  each  county.  If  adopted  on  yea  and  nay  vote  by  two-thirds 
of  all  members  elected  to  each  house  of  next  legislature  after 
election,  becomes  "  thereupon  "  part  of  constitution.     (Del.  XVI  1.) 


I  xdex  Digest  11 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd) 
Proposed  by  One  Legislature 

Bee  also  beloir,  tiii*  title,  Provisions  Common  to  Legislative  Pro- 
posals. 
States  Requiring.     (Ala.  XVIII  2S4";  Ariz.  XXI  1;  Ark  XIX  22;  Cal. 
XVIII    1;    Colo.    XIX    2;    Fla.   XVII    1;    Ga.   XIII    Sec.   I    1;    Ida. 
XX    1;    111.   XIV   2:    Kan.   XIV   1;    Kyi   256;    La.   325;    Me.   X   2 
(Amend.    19141;    Md.    XIV    1;    Mich.    XVII    1;    Minn.    XIV    1; 
Miss.  XV  273;   Mo.  XV  2;  Mont.  XIX  9;  Nebr.  XV  1;  XT.M.  XIX 
1;    N.C.   XIII   2;    Ohio  XVI    1;   Okla.   XXIV    1;    Ore.   XVII;    S.D. 
XXIII   1;   Tex.  XVII   1;   Utah  XXIII   1;   Wash.  XXIII   1;   W.Va. 

XIV  2:   Wyo.  XX  1.) 
Action  by  Legislature 
Procedure 

May  be  proposed  in  either  house.  (Ariz.  XXI  1;  Ark.  XIX 
22 ;  Cal.  XVIII  1  ;  Colo.  XIX  2 ;  Fla,  XVII  1 ;  Ga.  XIII 
Sec.  I  1;  Ida.  XX  1;  111.  XIV  2;  Kan.  XIV  1;  Ky.  256; 
Mich.  XVII  1;  Mont.  XIX  9;  Nebr.  XV  1;  N.M.  XIX  1; 
Ohio  XVI  1 ;  Okla.  XXIV  1 ;  Ore.  XVII  1 ;  S.D.  XXIII  1 ; 
Utah   XXIII    1;    Wash.    XXIII    1;    W.Va.   XIV   2;    Wyo. 

XX  1.) 

"  Whenever   two-thirds  of   eac*h  house  of  legislature  "   shall 

deem   amendment   necessary,   "  such   proposed   amendment 

shall  be  read  and  passed  by  two-thirds  vote  of  each  house 

respectively,  on  each  day,  for  three  several  days  ".     ( Miss. 

XV  273.) 
Proposal  may  be  made  at  regular  session.      (Ark.  XIX  22; 

Fla.    XVII    1:    Ky.   256:    X.M.   XIX    1.) 
Proposal  may  be  made  at  biennial  session.      (Tex.  XVII  1.) 
Proposal  may  be  made  at  any  session.      (La.  325.) 
Proposal   may   be   made   at   any   time.       (Mo.    XV   2;    Mont. 

XIX  9.) 
Each  amendment   must  be  embraced   in   a   separate  bill  em- 
bodying the  article  or  section  as  amended.      (Md.  XIV  1.) 
Bill    must    be    read    on    three    days    in    each    house.       (Ala. 

XVIII  284;  La.  325;   Miss.  XV  273;   W.Va.  XIV  2.) 
Proposed  amendments  to   be   entered  on   journals  with  ayes 

and  nays.  (Ariz.  XXI  1:  Ark.  XIX  22;  Cal.  XVIII  1; 
Fla.  XVII  1;  Ga.  XIII  Sec.  I  1;  Ida.  XX  1;  Kan. 
XIV    1;    La.    325;    Md.    XIV    1;    Mich.    XVII    1;    Mont. 

XIX  9;  Xebr.  XV  1;  X.M.  XIX  1;  Ohio  XVI  1;  Okla. 
XXIV  1;  Ore.  XVII  1;  S.D.  XXIII  1;  Utah  XXIII  1; 
Wash.  XXIII  1;   W.  Va.  XIV  2:  Wyo.  XX   1.) 

Same;    entered    "in    full".       (Colo.    XIX    2;    111.    XIV    2; 

Ky.  256.) 
Votes  on  proposed  amendments  taken  by  yeas  and  nays  and 

entered  on  journals.      (Ala.  XVIII  2S7 ;    Tex.  XVII   1.) 
Same;   entered  "in   full".     (Mo.  XV  2.) 
Resolution  to  be  passed  and  sent  to  selectmen  of  towns  and 

assessors  of  plantations.      (Me.  X  2    (1914).) 


12  State  Constitutions 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (-Cont'd] 
Pboposed  i;v  One  Legisiatube  (Cont'd) 
Action  by  Legislature  (Cont'd) 
Votes  Requin  d 

Majority  of  both  houses.      (Minn.  XIV   1.) 
Majority  of  members  elected  to  each  house.      (Ariz.  XXI  1; 
Ark.  XIX   22;    Mo.  XV  2;   Okla.  XXIV  1;   Ore.  XVII   1; 

S.D.  XXIII  1.) 
Majority  of  all  members  elected  to  each  house,  voting 
separately;  but  no  amendment  to  apply  to  or  affect  article 
VII  sections  1  and  3,  on  elective  franchise,  and  article 
XII  sections  S  and  10,  on  education,  unless  proposed  by 
vote   of   three-fourths   of   members   elected   to   each   house. 

(X.M.    XIX   1.) 
Two-thirds  of  both  houses.      (Me:  X  2    (1014).) 
Two-thirds  of  members  elected  to  each  house.      (Cal.  XVIII 
1;    Colo.   XIX    2:    Oa.    XIII    Sec.   I    1:    111.   XIV   2:    Kan. 
XIV    1:    La.    325;    Mich.    XVII    1;    Mont.    XIX    9;    Tex. 
XVII  1:  Utah  XXIII  1:  Wash.  XXTII   1;  YV.Va.  XIV  2.) 
Two-thirds  of  all  members  of  each  of  the  two  houses,  voting 

separately.      (Ida.  XX  1;  Wyo.  XX  1.) 
Two-thirds  of  each  house  on  each  day  for  three  several  days. 

(Miss.  XV  273.) 
Three-fifths  of  each  house  of  legislature.      (XX.  XIII  2.) 
Three-fifths  of  members  elected  to  each  house.      (Ala.  XVIII 
284;    Fla.   XVII    1:    Ky.   256;    Md.   XIV    1;    Xel.r.   XV   1; 

Ohio  XVI    1.) 
Submission  to  Electorate 
By  1\~lio»i   Submitted 

By  secretary  of  state.      (Ariz.  XXI  1;   Okla.  XXIV   1:   Ore. 

XVII   1.) 
Duty    of    legislature    to    provide    by    law    for    submitting. 

(VY.Va.  XIV  2.) 
By  legislature.      (Cal.  XVIII  1;   Ida.  XX  1;  S.D.  XXIII  1; 

Wyo.  XX   1.) 
By  Whom  Election  <1<i]]c<] 

Legislature.      (Ala.  XVIII  2S4.  i 
\  otice 

No    provision    for   notice.       (X.C.    XIII   2;    Okla.    XXIV    1; 

Ofe.  XVII  1.) 
Proclamation  of  governor  giving  notice  of  election,  together 
with  proposed  amendments,  published  in  each  county  in 
manner  prescribed  by  legislature  for  eight  successive  weeks 
preceding  election.  (Ala.  XVIII  284.) 
1  mil  method  of  publicity  otherwise  provided  by  law.  amend- 
ment published  by  secretary  of  state  in  one  newspaper  in 
each    county    for   90    days,    in    manner    prescribed   by    law. 

(Ariz.  XXI   I.) 
Amendmenl    published    in    one   newspaper    in    a    county    for 
six    months    preceding   election.      (Ark.    XIX    22.) 


Index  Digest  13 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd 
Proposed  by  One  Legislature  (Cont'd) 
Submission  to  Electorate    (Cont'd) 
Notice  (Cont'd) 

Such    publication    as    legislature    deems    expedient.       (CaL 

XVIII   1.) 

Amendment  published  with  laws  of  session,  and  published  by 

secretary  of  state  in  full  in  not  more  than  one  newspaper 

in    each    county    for    four    successive    weeks    previous    to 

election.      (Colo.    XIX   2.) 
Amendment  published  in  one  newspaper  in  each  county  for 

three  months  preceding  election.      (Fla.  XVII   1.) 
Legislature  to  cause  amendment  to  be  published  in  one  or 
more    newspapers    in    each    congressional    district   for    two 
months  previous  to  election.      (Ga.  XIII  Sec.  I  1.) 
Legislature   to   cause   amendment   to   be   published   without 
delay  in  one  newspaper  in  each  county  for  six  consecutive 
weeks  prior  to  election.      (Ida.  XX   1.) 
Amendment  published  in  full  three  months  before  election. 

(111.  XIV  2.) 
Amendment    published    by    secretary   of    state    in    one    news- 
paper in  each  county  three  months  before  election.     (Kan. 

XIV   1.) 

Amendment  and  time  of  election  published  by  secretary  of 

state   90    days   before   election,    in   manner    prescribed    by 

law.      (Ky.  257.) 
Amendment   published   by    secretary   of    state    in    two   news- 
papers of  parish  of  Orleans  and  in  one  newspaper  in  every 
other  parish  for  two  months  preceding  election.   (La.  325.) 
By  selectmen  of  towns  and  assessors  of  plantations.      (Me. 

X  2   (1914).) 
Amendment    published    by    governor    in    two    newspapers    in 
each  county  and  three  in  Baltimore,  one  to  be  in  German, 
once  a   week  for  three  months  preceding  election.      (Md. 

XI\    1.) 

Amendment    published    in    full,    with    existing   provisions   of 

constitution  which  would  be  altered  or  abrogated  thereby; 

copy     posted     at     each     registration     and  election     place. 

Printed  in  full  on  ballots.      (Mich.  XVII  3.) 

Amendment  published  with  laws  of  session.      (Minn.  XIV  1.) 

Public  notice  by  secretary  of  state  three  months  preceding  an 

election.      (Miss.    XV   273.) 
Amendment   published   with   laws   of    session    and  weekly    in 
newspaper  in  each  county  for  four  consecutive  weeks  pre- 
ceding election.      (Mo.   XV   2.) 
Amendment   published   by    secretary    of    state    in    one    news- 
paper  in   each   county   for   three  months   previous   to  elec- 
tion.     (Mont.  XIX  0.) 
Amendment    published    once    each    week    in    one    newspaper 
in     each     county     for     three     months     preceding   election. 

(Nebr.  XV  1.) 


14  State  Constitutions 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd) 
Pboposed  by  One  Legislature  (Cont'd) 
Submission  to  Electorate   (Cont'd) 
jfoi         Cont'd) 

Amendment    published    by    secretary   of   state   in   one   news- 

paper    in    each    county    in    English    and    Spanish    for    four 

consecutive   weeks,   last   publication   to   be  not  more  than 

two  weeks  prior  to  election.      (N.M.  XIX   1.) 

Amendment    published   once   a   week    for   five   weeks    in   one 

newspaper  in  each  county.      (Ohio  XVI   1.) 
Amendment    published     12    weeks    previous    to    election,    in 

manner   prescribed   by    legislature.       (S.D.    XXIII    1.) 
Amendment    published    once    a    week    for    four    weeks   com- 
mencing   at    least    three    months    before    election    in    one 
weekly  newspaper  in  each  county.      I  Tex.  XVII  1.) 
Legislature    to    cause    amendment    to    be    published    in    one 
newspaper  in  each  county   for  two  months  preceding  elec- 
tion.     (Utah  XXIII   1.) 
Legislature  to  caii3e  amendment  to  be  published  three  months 
preceding   election    in    weekly    newspaper    in    each    county. 
Legislature    to    provide    methods  of    publicity  with  argu- 
ments so  that  each  voter  shall  receive  publication  at  least 
50  days  before  election.      (Wash.  XXIII    1.  II   1(d).) 
Legislature   to    cause    amendment    to    be   published    in    one 
newspaper    in    each    county    three   months    before   election. 

(W.Va.  XIV  2.) 

Legislature    to    cause    amendment    to    be    published    without 

delay  for  at  least  12  consecutive  weeks  prior  to  election 

in   one   newspaper   of   general   circulation    in    each    county. 

(Wyo.   XX    1.) 
Time  of  Holding  Election 

Selectmen  of  towns  and  assessors  of  plantations  to  notify 
inhabitants  "  in  the  manner  prescribed  by  law  at  the  next 
biennial  meetings  in  the  month  of  September  or  to  meet 
in  tlie  manner  prescribed  by  law  for  calling  and  holding 
biennial  meetings  of  said  inhabitants  for  the  election  of 
senators  and  representatives,  on  the  second  Monday  in 
September  following  the  passage  of  said  resolve".     (Me. 

X  2  (1914).) 

At  next  general  election,      (Ga.  XIII  Sec.  I  1;   Ida.  XX  1; 

Md.    XIV    1:    Mo.    XV   2;    N.C.    XIII   2;    S.D.    XXIII    1; 

Utah    XX HI    1;    Wash.    XXIII    1;    W.Va.    XIV   2;    Wyo. 

XX   1.) 
At     next    general    election,    except    when    legislature    orders 

special   election.      (Ariz.   XXI    1.) 
At    next    regular    general    election,    except    when   legislature 

orders    special    election.      (Ore.   XVII.) 
Al    next    regular   genera]    election   except    where   legislature 
shall   order  ;i   special  election  by  two-thirds  vote.      (Okla. 

XXIV  1.) 


Index  Digest  15 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd) 
Proposed  by  One  Legislature  [^Cont'd] 
Submission  to  Electorate   {Cont'd) 

Time  of  Holding  Election   (Cont'd) 

At  next  general  election  or  at  a  special  election  held  on  day, 
fixed  by  legislature,  not  less  than  three  months  after 
adjournment  of  legislature.  (Ala.  XVIII  284.) 
At  next  regular  election  after  adjournment  of  legislature  or 
at  a  special  election  held  not  less  than  six  months  after 
adjournment,  at  time  prescribed  by  law.  (N.M.  XIX  1.) 
At  next  election  of  members  of  legislature.      (111.  XIV  2; 

Nebr.  XV  1.) 
At  next  general  election  for  members  of  legislature.      (Ark. 

XIX  22;  Colo.  XIX  2;  Mont.  XIX  9.) 
At  next  general  election  for  members  of  lower  house.    (Fla. 

XVII  1;  Kan.  XIV  1.) 
At  next  general  election  for  members  of  lower  house  pro- 
viding  that    such   election   does   not   occur    less   than   90 
days  after  final  passage  of  resolution.      (Ky.   256.) 
At  election  for  members  of  lower  house  or  representatives 

in  Congress  to  be  designated  by  legislature.      (La.  325.) 
At  next   spring  or   autumn   election,   as  legislature  directs. 

(Mich.  XVII  1.) 
At  a  general  or  a  special  election  as  legislature  may  pre- 
scribe.     (Ohio  XVI  1.) 
Any  general  election.      I  Minn.  XIV  1.) 
To  be  specified  by  legislature.   (Cal.  XVIII  1;  Tex.  XVII  1.) 

Conduct  of  Election 

As  prescribed  by  law.     (Cal.  XVIII  1;  111.  XIV  2;  Ky.  256; 

Mo.  XV  2;   X.C.  XIII  2.) 
Amendment  to  be  submitted  in  form  prescribed  by  legisla- 
ture.    (Md.  XIV  1.) 
Election  held  according  to  law  of  general  elections;   if  held 
on  general  election  day,  officers  to  open  a  poll  for  vote  on 
amendment;     if    on    other    day,    officers    to    be    appointed. 

(Ala.  XVIII  2S4.) 
Amendment    submitted    on    separate    ballot    without    party 

designation  of  any  kind.      (Ohio  XVI   1.) 
Amendment  to  be  printed  in  full  on  ballots  and  ballots  must 
be  separate  from  those  containing  names  of  nominees  for 

public  office.      (Mieh.   XVII    3.) 
Substance  or  subject  matter  of  amendment  to  be  so  printed 
that   nature   thereof    shall   be    clearly   indicated;    ballots 
must  contain  "  yes  "  and  "  no  "  and  choice  must  be  indi- 
cated by  a  cross  mark  made  by  voter  or  under  his  direc- 
tion.    (Ala.  XVIII  2S5.) 

Qualifications  of  Voters 

Voters  must  be  qualified  to  vote  for  members  of  legislature. 
(Ga.  XIII  Sec.  I  1;  Mich.  XVII  1;  Tex.  XVII  1.) 


i  OF  CO  -  '< 


■ 

- 
■ 
rti-  and  3 

■ 

■ 

- 

-- 

X 

■ 

M.l    XI\"  I.J 
XVII 

- 
- 

XVII 
- 
-  in  elei.' 
Will    2f 
■ 

n    XIV  1.) 

•■I.     |  Ala.  XVIII  JS4-.   Ky. 
UV    I;    <•••..     WII    1  ;  VII    1; 

Wash.   XXII I 
■Iment 

K  ■     K 


Index  Digest  17 


AMENDMENT  OR  REVISION  OF  CONSTITUTION 
Pk  - 

so  biloic,  this  title,  Provisions  Common  xo  Legislate:  Fro- 

.    - 
States  Requiring,      i  Conn.  XI:   Ind.  XVI  1;  Iowa  X:   Ma—    Ax    nd. 
IX:   KeT.  XVI   1:   X.T.   IX:   X.Y.  XIV  1:  X.D.  XV  .    _  XVIII 

1:   R.I.  XIII:   Tenn.  XI  3:   Vt.  11   68;    Va.  XV   196;   Wis.  XII 
First  Legislature 
Proced 

May  be  proposed  in  either  house.        Ind.  X"  \    '.  : 

Masa   Amend.   IX:    Ner.   XVI    1:   X.J.   IX:    X.Y.   XIV    1; 
X.D.   XV  -2>yl:    Pa.   XVIII    1;    Tenn.   XI    3:    Va.    X 

Wis.  XI 1 
Proposed  by  lower  boos  ..  XI.) 

A:  the  fifth  biennial  session  of  legislature  following  that  of 
191  -  at  the  -   --  very  tenth  year,  senate  may  pro- 

tmendments.       Vt.  II  I  5S 
Entere<l  on  journals  of  each  house.     (Vt.  II  I  S 
Entered  on  journals  of  each  house  with  yeas  and  nays.     I  Ind. 
XVI   i:   fanra  X  1:  Mass.  Amend.  IX:  Xev.  XVI  1;  X.  J. 
IX:  X.Y.  XIV  1:  X.D.  XV  202;  Fa.  XVIII  1:  Tenn.  XI  3: 

Va.  XV  196:  Wis.  XII  1.) 
Read    three    times    on    three    several    days    in    each    fa 

Tenn.  XI 
Yot<:s  Required 

Majority  of  members  elected  to  each  h"iise.  i  Ind.  XVI  1: 
IowaX  1:  Xev.  XVI  1;  X.J.  IX:  X.V.  XIV  1:  X.D.  XV 
202;    Fa.  XVIII   1;  R.I.  XIII:   Tenn.  XI  3:   Va.  XV   ] 

Wis.  XII 
T\vr.-thirds    of    senate    and    majority   of    lower   house. 

II   I  - 
Majority      f    -^-nators  and   two-thirds   of  members  of   lower 

house  present  and  voting.      (Mass.  Amend.  IX.) 
Majority  of  lower  house       Coma.  XI.  I 
Second    Legislature 

Designation  of  Legislature 

Xext  legislature.      (Conn.  XL  i 

Legislature   next   to   1  sen.      (Mass.   Amend.    IX:    Nev. 

XVI    1:    ST.J.   IX:    Fa.   XVIII   1;    R.l.   XIII:    Tenn.   XI    3: 

Vt.  II  I  - 
Legislature   to   !•<■   chosen   at   next  general   election.      (Ind. 

XVI  1;  Iowa  X  1:  X.D.  XV  202;  Wis.  XII  1. 
Legislature  at   first   regular  session  after  next  general  elec- 
tion of  members  of  l"\ver  house,        Va.  XV  1! 
Legislature  to  be  chosen  at  next  general  election  of  - 

\  Y.  XIV  1.) 

Xotice  Before  Election  of  Legislature 

Amendment  to  be  published.      |  Mas-.  Amend.  IX. 
Amendment  published  in  principal  newspaper-.      (Vt.  II      % 
Amendment  published  with  laws  of  the  session.     (Conn.  XI.) 


18  State  (  'institutions 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd) 
Proposed  b?  Two  Legislatures    (Cont'd) 
Second   Legislature    {Cont'd) 

Notice  Before  Election  of  Legislature  (Cont'd) 

Amendment  published  in  newspapers  and  printed  copies  sent 
by  secretary  of  state,  with  names  of  all  members  voting 
with  yeas  and  nays,  to  town  and  city  clerks.  Amendments 
to  be  submitted  in  warrants  for  next  annual  town  or  ward 
meetings   in  April   and   read   to  electors  with   votes   cast 

in  the  legislature.     (R.I.  XIII.) 

Amendment    published    for    three    months    before    election. 

(Xev.   XVI    1;   X.Y.  XIV   1;    Va.  XV   196;   Wis.  XII   1.) 

Amendment  published,  as  provided  by  law,  for  three  months 

before  election.     (Iowa  X  1;  X.D.  XV  202.) 
Amendment  published   for  three  months   before  election   in 

at  least  one  newspaper  in  each  county.      (X.J.  IX.) 
Amendment  published  by  secretary  of  state  for  three  months 
before  next  general  election  in  at  least  two  newspapers  in 

each  county.     (Pa.  XVIII  1.) 
Amendment   published  six  months   before  election.      (Tenn. 

XI  3.) 
Procedure 

Amendment  to  be  read  three  times  on  three  several  days  in 

each  house.     (Tenn.  XI  3.) 
Votes  by  yeas  and  nays.     (Conn.  XI.) 
Votes  Required 

Majority  of  all  members  elected  to  each  house.  (Ind.  XVI 
1;  Iowa  X  1;  Xev.  XVI  1;  N.J.  IX;  X.Y.  XIV  1;  X.D. 
XV   202;    Pa.   XVIII    1;    R.I.    XIII;    Va.    XV    196;    Wis. 

XII  1.) 
Two-thirds  of   all  members   elected  to  each  house.      (Tenn. 

XI  3.) 
Two-thirds  of  each  house.      (Conn.  XL) 

Majority  of  senators  and  two-thirds  of  lower  house  present 

and  voting.     (Mass.  Amend.  IX.) 
Majority  of  senate  and  of  lower  house.     (Vt.  II  68.) 
Submission  to  Electorate 
By  Whom  [submitted 

Legislature.  (Ind.  XVI  1;  Iowa  X  1;  Mass.  Amend  IX; 
Xev.  XVI;  X.J.  IX;  X.D.  XV  202;  Tenn.  XI  3;  Vt.  II  68; 

Va.  XV  196;  Wis.  XII.) 
Town  clerk  to  submit  proposals  to  inhabitants  of  towns  at 

town  meeting.      (Conn.  XL) 
Manner  of  Submission 

Provided  by  legislature.     (Iowa  X  1;  Xev.  XVI  1;  X.J.  IX; 

X.Y.    XIV    1;    X.D.   XV   202;    Pa.   XVIII    1;    R.I.   XIII; 

Vt.  II  68;  Va.  XV  196;  Wis.  XII  1.) 

Legislature  to  pass  laws  necessary  to  procure  fair  vote  and 

to  carry  into  effect  all  the  provisions  of  this  section.     (Vt. 

II  68.) 


Index  Digest  19 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   {Cont'd) 
Proposed  by  Two  Legislatures   (Cont'd) 
Submission  to  Electorate   {Cont'd) 
Time  of  Holding  Election 

At  time  prescribed  by  legislature.     ( Iowa  X  1 ;  Nev.  XV  1 ; 
N".Y.    XIV    1;    N.D.    XV   202;    R.I.    XIII;    Tenn.    XI    3; 

Va.  XV  196;  Wis.  XII  1.) 

At  special   election    at    time    prescribed  by  legislature,   at 

least    four    months     after     adjournment     of    legislature. 

(N.J.  IX.) 

At   time   prescribed   by   legislature,   at   least   three   months 

after  being  agreed  upon  by  legislature.      (Pa.  XVIII   1.) 

At    meeting    held     for   that   purpose.      (Conn.    XI;     Mass. 

Amend.  IX.) 
Notice  of  Election 

Proposed  amendment  to  be  published  by  secretary  of  state 
for   three  months   before   election   in   two   newspapers   in 

each  county.     (Pa.  XVIII  1.) 
Proposition  for  amendment  to  be  published  in  mode  provided 

in  the  act  of  approval.     (R.I.  XIII.) 
Meetings  "  legally  warned  ".     ( Mass.  Amend.  IX. ) 
Town  meetings  ''legally  warned".     (Conn.  XI.) 
Qualifications  of  Voters 

Those  may  vote  who  are  qualified  to  vote  for  members  of 
legislature.      (Iowa  X  1;  Nev.  XVI  1;  X.J.  IX;  N.D.  XV 

202;  Va.  XV  196.) 
Freemen  of  the  state.      (Vt.  II  6S.) 

"  Citizens    of    state    voting    for  members  of  lower  house." 

(Tenn.  XI  3.) 

Votes  Required  to  Adopt 

Majority  of  those  voting  on  amendment.     (Iowa  X  1;  Mass. 
Amend.  IX;  Nev.  XVI  1;  N.J.  IX;  N.Y.  XIV  1;  N.D.  XV 
202;  Pa.  XVIII  1;  Vt.  II  6S;  Va.  XV  196;  Wis.  XII  1.) 
Majority  of  electors.      (Ind.  XVI   1.) 

Majority  of  electors  present  at  town  meetings.     (Conn.  XI.) 
A  majority  "  voting  for  members  of  lower  house,  voting  in 

favor"  of  the  amendments.      (Tenn.  XI  3.) 
Three-fifths    of   those   voting   on    the    amendments.      (R.    I. 

XIII.) 
Proposed  by  Legislature,  Adopted  by  People  and  Ratified  by  Xext 

Legislature 
Amendment  may  be  proposed  in  either  house,  passed  by  two-thirds 
of  members  elected  to  each  house,  entered  upon  journals  with  yeas 
and  nays.  Submitted  to  electors  qualified  to  vote  for  members  of 
legislature,  at  next  general  election  for  members  of  lower  houses 
Ratified  by  majority  of  electors  voting  upon  the  amendment. 
Adopted  by  majority  of  each  branch  of  next  legislature  by  yea 
and  nay  vote  after  the  election  and  before  another.  All  amend- 
ments  shall  be  read  three  times  on  three  several  days   in   each 

house.    (S.C.  XVI  1.) 


20  S  i  atk  Constitutions 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd) 
Provisions  Common  to  Legislative  Proposals 
Submission  to  Governor 

Submission    for    approval    of   governor    of    a   bill    proposing   an 
amendment   is  not  necessary.      (Ala.  XVIII  287,  V  125;   Ky. 
256,;   Miss.  IV  60;  Mo:  V  14;   R.I.  Amend.  XV  1.) 
Frequency   of  Submission 

Legislature  not  to  propose  amendments  oftener  than  once  in  six 

years.      (Tenn.  XI  3.) 
Xo  amendment  or  amendments  shall  be  submitted  oftener  than 

once  in  five  years.      (N.J.  IX;  Pa.  XVIII  1.) 
Same  amendment  may  not  be  again  submitted  within  five  years 

after  submission.      (Ky.  256.) 
Legislature  may  not  propose  amendments  to  same  article  oftener 

than  once  in  four  years.      ( 111.  XIV  2. ) 
No   additional   amendments   to    be    proposed    while    amendment 
agreed  upon  by  one  legislature  is  waiting  for  action  of  next 
legislature  or  of  electors.      (Ind.  XVI  2.) 
Limit  on  Number  at  Same  Time 

No  more  than  two  amendments  may  be  submitted  at  same  time. 

(Ky.  256.) 
No   more   than   three    amendments   may   be   submitted    at   same 

time.      (Ark.  XIX  22;  Kan.  XIV  l;Mont.  XIX  9.) 
Amendments  may  not  be  submitted  to  more  than  one  article  at 

same  session.      (111.  XIV  2.) 
Legislature  not  to  propose  amendments  to  more  than  six  arti- 
cles at  same  session.      (Colo.  XIX  2.) 
Subject  Matter 

Each  amendment  shall  relate  to  no  more  than  one  subject.     (Ky. 

256.) 
No  amendment  shall  be  passed  which  will  change  the  representa- 
tion in  legislature  from  a  basis  of  population.      (Ala,  XVIII 

2S4.) 
Separate  Vote 

Every  amendment  must  be  voted  upon  separately  when  two  or 
more  are  submitted  at  same  time.  (Ariz.  XXI  1:  Ark.  XIX  22; 
Fla.  XVII  1;  Ga.  XIII  Sec.  I  1;  Ida.  XX  2;  Ind.  XVI  2;  Iowa 
X  2;  Kan.  XIV  1;  Ky.  256;  La.  325;  Md,  XIV  1;  Minn.  XIV 
1;  Miss.  XV  273;  Mo."  XV  2;  Nebr.  XV  1;  N.J.  IX;  N.M.  XIX 
1;  N.T).  XV  202;  Ohio  XVI  1;  Okla.  XXIV  1;  Ore.  XVII  1; 
Pa.  XVIII  1;  S.C.  XVI  2;  S.D.  XXIII  1;  Tex.  XVII  1;  Utah 
XXIII  1;  Wash.  XXIII  1;  W.Va.  XIV  2;  Wis.  XII  1;  Wyo. 
XX  2.) 
Amendments  must  be  so  prepared  and  distinguished  by  numbers 
or  otherwise  thai   each  can  be  voted  upon  separately.      (Cal. 

XVIII  1;  Mont.  XIX  9.) 
If   more   than    one   amendment    submitted,   each   voted   on   separ- 
ately, and  votes  cast  separately  counted  "  the  same  as  though 
but  one  amendment  was  submitted  ".     (Colo.  XIX  2.) 
Legislature  to  enact  laws  necessary  to  procure  "free  and   fair 
vote  upon  each  amendment  proposed".     (Vt.  II  68.) 


Index  Digest  21 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (CnnCd, 
Provisions  Common  to  Legislative  Proposals  (Con I'd) 
Time  Amendment  Takes  Effect 

January  first,  after  approval  by  people.     (NY.  XIV  1.) 

Upon  proclamation  by  governor  that  necessary  majority  was  in 

favor  of  amendment.      (Md.  XIV  1;  Ore.  XVII  1.) 
From  time  of  ratification  by  voters.      (W.Va.  XIV  2.) 
Inserted  as  part  of  constitution  by  next  succeeding  legislature 
after  popular  ratification.     (Miss.  XV  273.) 
Amendments  Coincidently  Proposed  by  Legislature  and  Convention 
Amendment   proposed   by  a  convention   relating  to  same   subject  as 
one    proposed    by    legislature,    coincidently    submitted    to    people, 
shall,  if  approved,  be  deemed  to  supersede  the  amendment  so  pro- 
posed by  legislature.      (X.Y.  XIV  3.) 

CONVENTION 

There  arc  no  provisions  for  constitutional  conventions  in  the  fol- 
lowing states:  Arkansas,  Connecticut,  Indiana,  Louisiana,  Massa- 
chusetts,   Mississippi,   New   Jersey,   North    Dakota,   Pennsylvania, 

lilt  ode  Island,   Texas  and  Vermont. 
Specification  of  Purpose  of  Convention 

Revision  of  entire  constitution.      (Xev.  XVI  2.) 

To   revise   constitution.      (Cal.   XVIII   2;    Fla.   XVII   2;    Minn. 

XIV  2;  N.H.  II  98;   S.D.  XXIII  2.) 
General  revision.      (Mich.  XVII  4.) 

To  revise  and  amend.     (  Del.  XVI  2 ;  Iowa  X  3 ;  Mo.  XV  3 ;  N.Y. 

XIV  2;  Va.  XV  197.) 
To  revise  or  amend.     (Ida.  XX  3;  X.M.  XIX  2;  Utah  XXIII  2; 

Wash.  XXIII  2;  Wyo.  XX  3.) 
To  revise,  amend  or  change.      (Ga.  XIII  Sec.  I  2;  Kan.  XIV  2; 

Nebr.  XV  2;  S.C.  XVI  3.) 

To  revise,  amend  or  change   ( if  question  of  convention  submitted 

by  legislature)  ;  revise,  alter  or  amend   (if  question  submitted 

at  20-year  intervals).      (Ohio  XVI  2,  3.) 

To  revise,  alter  or  amend.      (Ala.  XVIII  2S6;  Colo.  XIX  1;  111. 

XIV    1;    Mont.   XIX   8.) 
Same;  or  propose  new  constitution.     (Ariz.  XXI  2;  Okla.  XXIV 

2.) 
To  revise  or  change.     (Wis.  XII  2.) 
To  readopt,  revise  or  amend.     (Ky.  258.) 
To  alter,  reform  or  abolish.     (Tenn.  XI  3.) 
To  alter.      (Md.  XIV  2;  W.Va.  XIV  1.) 
To  amend  or  propose  amendments.     (Ore.  XVII  1.) 
To  amend.      (Me.  IV  Pt.  Ill   15.) 
Not  stated.      (N.C.  XIII  1.) 
Held  if  Legislature  Requires 

Legislature   may   call   convention  by   two-thirds   concurrent   vote 

of  both  branches.      I  Me.  IV  Pt,   III   15.) 
No   convention   to  be  called   by   legislature   to   revise,  amend   or 
change    constitution    unless    by    concurrence    of    two-thirds   of 
members  of  each  house.      (Ga.  XIII   Sec.   I  2.) 


22  State  Constitutions 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd) 
I  vi-:.\  I  [ON    [Cont'd) 
Vote  of  Electorate  Prerequisite 

Question  Submitted  at  Stated  Intervals 

Legislature  to   provide   by   law  for   submitting   question   to 
people    in    1887    and    every    20    years    thereafter.       (Md. 

XIV  2.) 
Selectmen  and  assessors  of  several  towns  and  places  of  state 
in  warning  first  annual  meeting  for  choice  of  senatora 
after  expiration  of  seven  years  from  adoption  of  con- 
stitution as  amended,  to  insert  expressly  in  the  warrant 
this  purpose,  to  wit:  to  take  the  sense  of  the  voters  on 
subject  of  revision  of  constitution;  same  method  to  be 
observed  afterward  at  the  expiration  of  every  seven  years. 

(X.H.  II  98,  99.) 

Question   Submitted   at   Stated  Intervals   and    at   Discretion    of 

Legislature 
At  general  election  in   1S70  and  each  tenth  year  thereafter, 
and  at  such  times  as  legislature  may  provide.     (Iowa  X  3.) 
At  general  election  in  1916  and  every  twentieth  year  there- 
after, and  at  such  times  as  legislature  may  by  law  pro- 
vide.    (X.Y.  XIV  2.) 
At  general  election  in  1926,  in  each  sixteenth  year  thereafter 
and    at   such    other   times   as   may    be   provided    by    law. 

(Mich.  XVII  4.) 
At  general  election  in  1932  and  each  twentieth  year  there- 
after, and  at  any  other  time  by  two-thirds  vote  of  members 
elected  to  each  house.  (Ohio  XVI  2,  3.) 
No  convention  called  by  legislature  unless  law  providing 
for  convention  is  approved  by  the  people  on  a  referendum, 
vote;  question  to  be  submitted  to  people  at  least  once 
every  20  years.      (Okla.  XXIV  2.) 

Question  Submitted  at  Discretion  of  Legislature 

Convention    proposed    by    legislature    at    any   time   by    law. 

(Mo.  XV  3;  Tenn.  XI  3.) 
There  shall  be  no  convention  to  amend  or  to  propose  amend- 
ments without   approval    of   people  at    a   regular  general 

election.      (Ore.  XVII   1.) 

Xo  convention  called  by  legislature  to  propose  alterations, 

revisions  or  amendments  or  to  propose  new  constitution, 

•unless  laws  providing  for  convention  approved  by  people 

on  a   referendum  vote.      (Ariz.  XXI  2.) 

Convention  proposed  by  majority  of  senate  and  lower  house. 

(Wis.  XII  2.) 
I  <  nvention    proposed    by    majority    of    members    elected    to 

each   house.      (Va.  XV  197;   W.Va.  XIV  1.) 
Same;  passed  by  two  consecutive  legislatures  by  yea  and  nay 
vote,  entered  on  journals;  law  entered  on  journals.      (Ky. 

258.) 


Index  Digest  23 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   [Gimt'd) 

Convention  ( ('on  t'd) 

Vote  of  Electorate  Prerequisite    (Gonf.d) 

Question  Submitted  at  Discretion  of  Legislature  (Cont'd) 

No  convention  to  be  held  to  alter  or  amend  constitution 
unless  after  legislature,  by  vote  of  majority  of  members 
elected  to  each  house,  lias  passed  act  or  resolution  calling 
convention,  question  of  convention  ox  no  convention  shall 
be  first  submitted  to  electors  and  approved.  Act  or 
resolution  calling  convention  not  to  be  repealed,  except  on 
vote  of  majority  of  members  elected  to  each  house  at 
same  session  at  which  passed.  (Ala.  XVIII  286.) 
Convention  proposed  by  two-thirds  of  members  elected  to 
each  branch.  (Cal.  XVIII  2:  Colo.  XIX  1;  Ida,  XX  3; 
Kan.  XIV  2;  Minn.  XIV  2:  Mont.  XIX  8;  Xev.  XVI  2; 
S.C.  XVI  3;  S.D.  XXIII  2;  Utah  XXIII  2;  Wash.  XXIII 

2;  Wyo  XX  3.) 
Same;   act  need  not  be  approved  by  governor.      (Del.  XVI 

2,  4.) 

Convention  proposed  by  concurrence  of  two-thirds  of  all  the 

members  of  each  house.      I  X.C.  XIII    1.) 

-    Convention  proposed  by  two-thirds  of  members  of  each  house, 

by  vote  entered  on  journals.      (111.   XIV    1.) 

Convention   proposed  by  two-third*  of  all  members  of  both 

houses;    vote    entered    on    journals    with    yeas    and    nays. 

(Fla.  XVII  2.) 

Convention    proposed    by    three-fourths    of    members    elected 

to   each   house   at    any   time   during   first   25   years   after 

adoption  of  constitution  and  two-thirds  of  members  elected 

to  each  house,  after  that  time.      (X.M.  XIX  2.) 

Convention   proposed   by   three-fifths   of   members   elected  to 

each   branch.      (Xebr.  XV  2.) 

Exclusiveness   of  Method 

Convention  not   to  be   called  except  as  provided  in  constitution. 

(Mo.  XV  3;  Va.XV  197;  W.Va.  XIV  1.) 

Submission  to  Electorate 
Notice  of  Election 

Published    weekly    in    one    newspaper    in    every    county    for 
three   months   preceding   election   and    if   no   newspaper   is 
published  in  a  county,  by  posting  in  polling  precincts  six 
weeks  preceding  election.      (Fla.  XVII  2.) 
Selectmen  and  assessors  of  several  towns  and  places  in  state 
in   warning  meeting   for  choice   of   senators,   to  insert  ex- 
pressly   in    warrant   "  this   purpose   among  others   for  the 
meeting,  to  wit:    to  take  the  sense  of  the  qualified  voters 
on  the  subject  of  revision  of  constitution'';   meeting  must 
be  "  warned  accordingly  and  not  otherwise  ".    (X.H.  II  98.) 
Published    by    secretary    of    state    as    provided    by    law    sub- 
mitting  question.       i  Ky.    263.) 


24  State  Constitutions 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd) 
Convention  i  Cont'd) 

Submission  to  Electorate   (Cont'd  \ 
Time  of  Election 

At  general   election  in   1870,  and  in   each  tenth  year  there- 
after,   and    at    snch    times    as    legislature    may    provide. 

(Iowa  X  3.) 
At  general   election,  in   1887   and    every  20  years  thereafter. 

(Md.   XIV   2.) 
At  general  election  in   1916  and  every  twentieth  year  there- 
after, and  also  at  such  times  as  legislature  may  by  law 

provide.      iX.Y.XIV  2.) 
At  general  election   in   1926  and  every  sixteenth  year  there- 
after,   and    at    such    times   as   may    be    provided   by    law. 

(Mich.  XVII  4.) 
At   '"general   election"    in    1932    and   every    twentieth   year 
thereafter;    at    next    election    for    members   of    legislature, 
if  question  submitted  by  legislature.      (Ohio  XVI  2,   3.) 
At    first    annual    meetings    for    choice    of   senators   after    ex- 
piration  of   seven   years  from   adoption  of  constitution   as 
amended,   and   at   expiration   of   every   seven   years   there- 
after.    (N.H,  II  98,  99.) 
At    next   general    election.       ( Cal.    XVIII    2;    Colo.    XIX    1; 
Del.  XVI   2;   Ida.   XX  3;    111.  XIV  1;    NiM.  XIX  2;   N.C. 
XIII    1;    Utah  XXIII   2;    Wash.   XXIII   2:    Wyo.  XX   3.) 
At  next  election  for  members  of  legislature.      (Kan.  XIV  2; 

Nebr.  XV  2:  Xev.  XVI  2;   S.D.  XXIII  2;   Wis.  XII  2.) 
At  next  general  election  for  members  of  legislature.      (Minn. 

XIV  2.) 
At  next  election  for  members  of  lower  house.      ( Fla.  XVII  2 ; 

S.C.   XVI   3.) 

At   next    regular    election    for    state   officers    or    members    of 

lower    house    which    does    not    occur    within    90    days. 

(Ky.  258.) 

Polls  to  be  opened  on  day  specified  by  legislature,  not  less 

than  three  months  after   passage  of  law,   for  purpose  of 

taking  sense  of  voters.      (W.Va.  XIV  1.) 

At  a  regular  general  election.      (Ore.   XVII   1.) 

At    a    regular    or    special    election.       (Ariz.    XXI    2;    Okla. 

XXIV   2.) 
As  legislature  may  direct.      (Mo.  XV  3;  Mont.  XIX  S;  Va. 

XV  197.) 
Qualifications  of  Voters 

Electors   voting  must   be  qualified   to  vote  for  members   of 
Legislature.      (Iowa  X  3;  Mich.  XVII  4;  Va.  XV  196.) 
Ballots 

Question    of   "convention   or  no   convention"   shall  be  first 

submitted.     (Ala.  XVIII  2S6;  N.C.  XIII  1.) 
Question   submitted  '•Shall  there  be  a  convention  to  revise 
the  constitution   and   amend  the   same?"      (Del.   XVI   5; 
Iowa  X  3;  X.Y.  XIV  2;  Va.  XV  197.) 


Index  Digest  25 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Qifa¥-d) 
Convention  ( Con  t'd ) 

Submission  to  Electorate   (Cont'd) 
Ballots  (Cont'd) 

Question   "'.Shall   there  be   a   convention   to   revise,   alter   or 

amend   the  constitution"    (in  case  of  question  submitted 

at  20-year   intervals)  ;    no   provision   in  case  of   question 

submitted  by  legislature.      (Ohio  XVI  2.) 

Ballots  must  be  separate  from  the  regular  election  ballots. 

(Del.  XVI  5.) 
Separate  ballots  without  party  designation   (in  case  of  ques- 
tion submitted  by  legislature)  ;   no  provision  where  ques- 
tion submitted  at  20-year  intervals.      (Ohio  XVI  2.) 
Conduct  of  Election 

Moderator  to  take  sense  of  qualified  voters  present.      (N\H. 

II  98.) 

Legislature  to  provide  for  having  poll  opened  in  each  voting 

precinct  by   officers  provided  by  law  for  holding  general 

elections;  votes  taken  in  manner  provided  by  law  for  other 

state  elections.      (Ky.  25S.) 

Returns 

Legislature  shall  provide  for  counting  votes  for  or  against 
a   convention,    and    for   returning   to    legislature   at   next 
session  the  state  of  such  vote.     (Del.  XVI  3.) 
Votes  certified  to  secretary  of  state  by  same  officers  and  in 

same  manner  as  in  state  elections.     (Ky.  258.) 
Return  of  number  of  votes  made  by  the  clerks  sealed  up  and 
directed  to  legislature  at  next  session.     (N.H.  II  98.) 
Votes  Necessary 

Majority  voting  on  question.     ( Gal.  XVIII  2 ;  Colo.  XIX  1 ; 
Del.  XVI  2;   Fla.  XVII  2;   Iowa  X  3;  Mo.  XV  3;  Mont. 
XIX  8;  N.M.  XIX  2;  N.Y.  XIV  2;  Ohio  XVI  2,  3;  Tenn. 
XI  3  j  Va.  XV  197;  W.Va.  XIV  1;  Wis.  XII  2.) 
Majority  voting  on  question,  if  total  number  of  votes  cast  in 
favor  is  equal  to  one-fourth  the  number  of  qualified  voters 
voting  in  last  preceding  general  election.      (Ky.  258.) 
Majority  voting  at  election.      (Ala.  XVII  2S6;   Ida.  XX  3; 
111.  XIV  1;  Kan.  XIV  2;  Md.  XIV  2;  Mich.  XVII  4;  Minn. 
XIV  2;    Nebr.   XV  2;    S.C.   XVI  3;    S.D.   XXIII  2;    Utah 
XXIII  2;   Wash.  XXIII  2;   Wyo.  XX  3.) 
Majority  voting  at  election;  in  determining  what  this  mirn- 
ber  is,  reference  to  be  had  to  highest  number  of  votes  cast 
at  election  for  candidates  for  any  office  or  on  any  question. 

(Xev.  XVI  2.) 
Majority  of  votes  cast.      (N.C.  XIII  1.) 

"  Majority  of  qualified  voters  of  state  present  and  voting  at 

meetings."     (X.H.  II  98.) 
"Approved  by  the  people."      (Ariz.  XXI  2;  Okla.  XXIV  2.) 
Declaration  of  Result 

Secretary  of  state  to  certify  to  legislature  at  next  regular 

session.      (Kv.  25S.) 


26  State  Constitutions 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd. 
Contention  [Cont'd) 

Legislature  to  Provide  for  Convention 

Provision  for  a  convention  must  be  made,  by  the  legislature  at  its 
next  session  after  popular  ratification.  (Cal.  XVIII  2;  Colo. 
XIX  1;  Del.  XVI  2;  Ida.  XX  3;  111.  XIV  1;  Iowa  X  3;  Kan. 
XIV  2;  Md.  XIV  2;  Mont.  XIX  8;  Minn.  XIV  2;  Xebr.  XV  2; 
N'cv.  X\  1  2;  X.M.  XIX  2;  Ohio  XVI  2,  3;  S.C.  XVI  3;  S.D. 
XX III  2;  Utah  XXIII  2;  Va.  XV  197;  Wash.  XXIII  2;  Wis. 

XII   2;    Wyo.   XX   3.) 
Same;  next  "regular"  session.      (Ky.  258.) 
Provision  for  convention  must  be  made,  by  legislature  chosen  at 

election  when  question  submitted.  (Fla.  XVII  2.) 
If  it  appears  to  legislature  by  return  of  votes  that  sense  of 
people  has  been  taken  and  that  h\  opinion  of  majority  of 
qualified  voters  in  state  present  and  voting  at  meetings  there 
is  necessity  for  revision,  it  shall  be  duty  of  legislature  to  call 
convention,  "  otherwise  "  legislature  to  direct  sense  of  people 
to  be  taken  and  then  proceed  in  same  manner.  (X.H.  II  98.) 
Delegates  to  be  chosen  and  convention  to  assemble  in  mode  and 

manner  as  shall  be  prescribed.     (Term.  XI  3.) 
Act  calling  convention  need  not  be  approved  by  governor.     (Ala. 

XVIII  287;  Del.  XVI  4.) 
Time  of  Holding 

First  Tuesday  in  April  after  election  of  delegates.     (X.Y.  XIV  2.) 
First  Tuesday   in  .September   after  election  of  delegates.      (Del. 

XVI  2;  Mich.  XVII  4.) 
Within   six   months   after   legislature   passes   law   providing   for 

convention.      (Fla.  XVII  2;  Xev.  XVI  2.) 
Within  90  days  after  election  of  delegates.      (Ky.  260.) 
Within  three  months  after  election  of  delegates.     (Cal.  XVIII  2; 

Minn.  XIV  2;  Xebr.  XV  2;  Ohio  XVI  2;  S.D.  XXIII  2.) 
Xot  less  than  three  months  after  ratification  upon  day  and  hour 
that   legislature  directs.      (Colo.   XIX    1;   HI.   XIV   1;    Mont. 

XIX  8.) 
At  time  legislature  directs.      (Mo.  XV  3;  N.C.  XIII  1.) 

Place  of  Holding 

At  state  capital.      (Del.  XVI  2;   Ky.  260;   Mich.  XVII  4;   X.Y. 

XIV  2.) 
Where  the  legislature  directs.     (Cal.  XVIII  2;  Colo.  XIX  1;  111. 

XIV  1;  Mo.  XV  3;  Mont.  XIX  8.) 
Delegates 

A  umber  and  Apportionment 

Not  less  than  double  the  most  numerous  branch  of  the  legis- 
lature.    (Ida.  XX  3;  Wyo.  XX  3.) 
Xot  less  than  number  of  members  in  both  branches  of  legis- 
lature.    (Xev.  XVI  2;  Utah  XXIII  2.) 
Not  to  exceed  that  of  both  branches  of  the  legislature.     ( Cal. 

XVIII  2.) 


Index  Digest  27 


AMENDMENT  OR  REVISION  OF  CONSTITUTION  {Cont'd) 
Convention  (Cont'd) 
Delegates   (Cont'd) 

Number  and  Apportionment  (Cont'd) 

Each  county   and   legislative  district   of   Baltimore  to  have 
number  equal  to  representation  in  both  houses  of  legisla- 
ture.    (Md.  XIV  2.) 
Not  less  than  the  must  numerous  branch  of  the  legislature. 

(Wash.  XXIII   2.) 
Equal  to  most  numerous  branch  of  legislature.      (S.C.  XVI 

3.) 
At  least  as   many  as  lower  house.      (N.M.   XIX  2.) 
Same  as  lower  house  of  legislature.      (Minn.  XIV  2;   Nebr. 

XV  2;   Ohio  XVI  2;   S.D.  XXIII  2.) 
Same;    elected    from    same    districts    as    members    of   lower 

house.      (Fla.  XVII  2;  Ky.  259;  Mont.  XIX  8.) 
Proportioned  as  members  of  lower  house.      (N.H.  II  98.) 
Double  that  of  senate,  elected  from  same  districts  as  sen- 
ators.     (111.  XIV  1;   Colo.  XIX  1.) 
Three    delegates    from    each    senatorial    district.       (Mich. 

XVII  4.) 
Each   senatorial   district    to   elect   two   for   each   senator   to 

which  entitled.      (Mo.  XV  3.) 
Three    delegates    from    each    senate    district    and    15    dele- 
gates at  large.     (N.Y.  XIV  2.) 
Forty-one;  one  elected  from  each  representative  district,  two 
from.  New   Castle   county,   two   from   Sussex   county,   two 
from  Kent  county.      (Del.  XVI  2.) 
Eepresentation   in   convention  based  on  population   as   near 
as  practicable.     (Ga.  XIII  Sec.  I  2.) 
Qualifications 

Same  as  for  members  of  legislature.     (Cal.  XVIII  2.) 
Same  as  for  senators.     (Colo.  XIX  1;  111.  XIV  1;  Mo.  XV  3; 

Mont.  XIX  8.) 
Same  as  for  members  of  lower  house.      (Ky.  259.) 
Convention    to    be    judge    of    qualifications    of    its    members. 
(Del.  XVI  2;  Ky.  262;  Mich.  XVII  4;  N.Y.  XIV  2.) 
Calling  Election 

Governor  to  issue  writs  to  sheriffs  ordering  electing  of  dele- 
gates.    (Mo.  XV  3.) 
Time  of  Election 

At  next  biennial  spring  election.      (Mich.  XVII  4.) 
At  next  general  election  for  members  of  lower  house.     (N.Y. 

XIV  2.) 
Legislature   at  next   session  after  popular  vote  in   favor  of 
a  convention  to  provide  for  election  of  delegates  at  next 
general  election.      (Del.  XVI  2.) 
At  next  general  state  election  which  does  not  occur  within 
less   than   90   days   after   passage   of   act   calling   conven- 
tion.     (Ky.  200.) 


28  State  Constitutions 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd) 

*  <<\\  rxrniN    (  Cont'd) 
Delegates   (Cont'd) 

Tim*   of  Eh  ction    I  Cont'd) 

Members  of  convention  not  to  be  elected  until  at  least  one 
month    after    result    of    vote    on    calling   of    convention    is 

published.     (W.Va.  XIV  1.) 
Fixed    by    governor;    not    less    than    three    and    within    six 
months  after  popular  ratification.      (Mo.  XV  3.) 

Manner  of  Election 

Chosen   in   same  manner  as  members  of  legislature.      (Cal. 

XVIII  2;  N.H.  II  98.) 
Chosen  in  same  manner  as  members  of  senate.  (Mo.  XV  3.) 
Same;  adds  "  at  same  places  ".  (Colo.  XIX  1;  111.  XIV  1.) 
Chosen  in  same  manner  as  members  of  lower  house.     (Minn. 

XIV  2;  Nebr.  XV  2;  S.D.  XXIII  2.) 
Same;   adds  "at  same  places".      (Mont.  XIX  8.) 
Nominated  by  nominating  petitions  only  and  voted  for  upon 
independent  and  separate  ballots  without  emblem  or  party 
designations;  chosen  as  provided  by  law.      (Ohio  XVI  2.) 
Legislature  in  act  calling  convention,  to  provide  for  compar- 
ing polls  and  giving  certificates   of  election  to  delegates 

elected.     (Ky.  261.) 
Contested  Elections 

Convention  to  judge  of  election,  returns  and  qualifications 
of  its  own  members.      (Del.  XVI  2;   Mich.  XVII  4;  X.Y. 

XIV   2.) 

Convention  shall  be  judges  of  election  and  qualification  of  its 

members  and  determine  contested  elections,  but  legislature 

shall  provide  for  taking  testimony  and  for  issuing  a  writ 

of  election  in  case  of  tie.      (Ky.  262.) 

Vacancies,  Boiv  Filled 

As  in  legislature.     (Colo.  XIX  1;  111.  XIV  1;  Mont.  XIX  8.) 
By  electors  of  district  or  county  from  which  delegate  chosen; 

governor  to  issue  writ  of  election.      (Del.  XVI  2.) 
By  appointment  by  governor  of  qualified   resident  of  same 

district.     (Mich.  XVII  4.) 

By  vote  of  remaining  delegates  in  district,  and  in  case  of 

delegates  at  large,  by  vote  of  remaining  delegates  at  large. 

(N.Y.  XIV  2.) 
Oath  of  Office 

To  support  Constitution  of  United  States  and  of  state,  and 
to  perform  duties  faithfully.      (Colo.  XIX  1;  111.  XIV  1; 

Mont.  XIX  8.) 
Compensation 

As  provided  by  law.      (Del.  XVI  2.) 

Legislature   to   fix   and   provide  for  payment  in  act  calling 
convention.      (Colo.  XIX    1;   111.  XIV   1;   Ky.  261;   Mont, 

XIX  8.) 


Index  Digest  29 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Confdi 
Convextiox  {Cont'd) 
Delegates   (Cont'd) 

Compensation  ( Cont'd) 

One  thousand  dollars  and  same  mileage  as  members  of  legis- 
lature, but  compensation  may  be  increased  by  law.     (Mich. 

XVII  4.) 
Same  compensation  and  same  mileage  as  annually  payable  to 
members  of  lower  house.      (N.Y.   XIV  2.) 
Quorum 

Majority  of  delegates  elected.      (Mich.  XVII  4.) 
Majority  of  convention.      (Del.  XVI  2;  N.Y.  XIV  2.) 
Powers 

Xothing  herein  contained  shall  be  construed  as  restricting  juris- 
diction and  power  of  convention  when  duly  assembled  to  estab- 
lish such  ordinances  and  do  and  perform  such  things  as  to 
the  convention  may  seem  necessary  or  proper  for  the  purpose 
of  altering,  revising  or  amending  constitution.      (Ala.  XVIII 

286.) 
Procedure 

Convention  shall  determine  its  own  rules.      (Del.  XVI  2;  Mich. 

XVII  4;   N.Y.  XIV  2.) 
Officers 

Convention  shall  appoint  its  own  officers,  employees  and  assist- 
ants, and  fix  their  compensation.      (Del.  XVI  2;   Mich.  XVII 

4;   N.Y.  XIV  2.); 
Pay  fixed  and  payment  provided  for  by  legislature  in  act  calling 
convention.     (Colo.  XIX  1;   111.  XIV  1;  Mont.  XIX  8.) 
Printing 

The  convention  shall  provide  for  the  printing  of  its  documents, 

journals,  and  proceedings.      (Mich.  XVII  4;  N.Y.  XIV  2.) 
Same;   adds  "debates".      (Del.  XVI  2.) 
Expenses 

Legislature  to  provide  in  act  calling  convention,  for  payment  of 
its   necessary   expenses.      (Colo.   XIX    1;    111.    XIV    1;    Mont. 

XIX  8.) 
Votes  Necessary  for  Submission  of  Amendments  by  Convention 

Assent  of  majority  of  delegates  elected;  yeas  and  nays  to  be 
entered  on  journal.      (Mich.  XVII  4;   N.Y.   XIV  2.) 

Adjournment 

After    completion    of    its    business.      (Ky.    200;    Mich.    XVII    4; 

N.Y.  XIV  2.) 
Adoption  of  Convention's  Proposals 
Time  of  Holding  Election 

On  first  Monday  in  April  following  final  adjournment   pro- 
viding  90    days    intervene    and    if    not,    at    next    general 

election.     (Mich.  XVII  4.) 
At  next  general  election.      (Utah  XXIII  3.) 
At  general  or  special  election.     (Ariz.  XXI  2;  Okla.  XIV  2.) 
At   special  election  to  be  determined  by  legislature.      (Cal. 

XVIII  2.) 


30  State  Constitutions 


AMENDMENT  OR  REVISION  OF  CONSTITUTION   (Cont'd) 
(  i.\\  1  \  i  iti.\    [Cont'd) 

Adoption  of  Convention's  Proposals    (Cont'd) 
Timt  of  Holding  Election  (Cont'd) 

Time    fixed    l>y   convention    not   less   than    six   weeks   aftefr 

adjournment  of  convention.     (X.Y.  XIV  2.) 
At   election   appointed   by  convention   for  that  purpose  not 
leas  than   two  noi   more  than   six  months  after  adjourn- 
ment.     (Coin.   XIX   1;    111.  XIV  1;   Mont,  XIX  S.) 
(  onstitution   to  be  submitted  at  time  fixed  in  it,  not  less 
than   60  days  nor  more  than   six  months  after  adoption 

by  convention.     (Mo.  XV  3.) 
Mwnnt  r  of  Election 

Determined  by  law.      (Cal.  XVIII  2.) 

Determined  by  convention.     (Mich.  XVII  4;  X.Y.  XIV  2.) 
Returns  certified,  in  manner  directed  by  convention,  to  execu- 
tive of  state,  who,  aided  by  the  comptroller,  treasurer  and 
secretary  of  state,  canvasses  returns.     (Cal.  XVIII  2.) 
Votes  Necessary 

Majority  voting  on  question.      (Ariz.  XXI  2;  Cal.  XVIII  2; 
Md.  XIV  2;  Mich.  XVII  4;  Mo.  XV  3;  Xebr.  XV  2;  N.Y. 
XIV  2;  Ohio  XVI  3;  Okla.  XXIV  2.) 
Majority  voting  at  the  election.     (Colo.  XIX  1;  111.  XIV  1; 

Mont.' XIX  8;  Utah  XXIII  3.) 
Two-thirds  of  qualified  voters  "  present   and  voting  "  upon 

question.      (X.H.  II  98.) 
Constitution    adopted   by   convention   must   be   ratified,   but 
no  provision  as  to  majority  necessary.     (Ida.  XX  4;  N\M. 
XIX  2;  Wash.  XXIII  3;  W.Va.  XIV  1;  Wyo.  XX  4.) 
Declaration  of  Result 

Proclamation     by     governor     proclaiming     ratification     of 
amendment  or  revision.      (Cal.  XVIII  2;  Mo.  XV  3.) 
Revision  to  Take  Effect 

On  January  first  after  approval.     (Mich.  XVII  4;  X.Y.  XIV  2.) 
Thirty  days  after  popular  ratification.      (Mo.  XV  3.) 
Legislature  authorized  and  directed  to  fix  time  when  alterations 
and    amendments    shall   take   effect    and   make    arrangements 

accordingly.     (N.H.  II  97.) 

ANNEXATION  OF  TERRITORY,  See  Territorial  Jurisdiction. 
APPEALS,  >■  -  Coukts. 
APPRAISERS,  STATE  BOARD  OF 

1  ompoeed  of  auditor  and  one  member  from  each  congressional  district  to 
lie  elected  by  the  governor^,  lieutenant-governor,  treasurer,  attorney- 
general  and  secretary  of  state,  to  hold  office  for  four  years;  compensa- 
tion fixed  by  law:  to  assess  property  belonging  to  corporations,  associa- 
tion- and  individuals  employed  in  railroad,  telegraph,  telephone,  sleep- 
ing ear  and  express  business  in  state.  (La.  226.) 
Members  removed  for  high  crimes  and  misdemeanors,  non-feasance  or  mal- 
feasance in  office,  incompetency,  corruption,  favoritism,  extortion  or 
oppression  in  office,  gross  misconduct  and  habitual  drunkenness,  by 
district  court  of  domicile;  detailed  provisions  for  bringing  suit,  costs, 

appeals,  etc.     (La.  222.) 


Index  Digest  31 


APPRENTICES 

No  male  over  21  or  female  over  18  to  be  holden  by  law  to  serve  any 
person  as  apprentice  unless  bound  by  own  consent  after  arriving  at 
such  age,  or  bound  by  law  for  payment  of  debts,  damages,  fines,  costs 

APPROPRIATIONS  «  tb"  *?    <Vt  Z  L> 

For  provisions  requiring  an  appropriation  as  a  justification  for  paying  out 

state's  money,  See  State  Finances — Expenditures. 
For  provisions   respecting   state   budget,   See   State   Finances,   and   See 

below,  this  title,  Bills  —  Contents. 
Purpose 

For    provisions    requiring    specification    of    purpose   in    bills    making 
appropriations,  See  beloiv,  this  title,  Bills  —  Contents  —  Specifi- 
cation of  Purpose. 
For  specific  authorizations  or  prohibitions  of  appropriations  for  speci- 
fied subject,  See  that  subject. 
As  to  appropriations  for  agricultural  experiments,  See  Agriculture. 
As  to  appropriations  for  canals,  See  Canals. 

As  to  appropria,tions  for  charitable,  educational  or  benevolent  pur- 
poses, See  "  Charities  "  and  "  Education  ". 
For  provisions  forbidding  appropriations  to  pay  claims  not  previously 

authorized,  See  State  Finances  • —  Claims  Against  State. 
As  to  appropriations  for  private,  denominational  or  sectarian  schools, 

See  Education. 
As  to  appropriations  for  historical  monuments,  See  History. 
As  to  appropriations  for  bureau  of  immigration,  See  Immigration. 
As  to  appropriations  for  internal   improvements,  See  Internal   Im- 
provements. 
As  to  appropriations  for  militia,  See  Militia. 

As  to  power  of  state  to  become  stockholder  in  or  subscribe  to  stock 
of  company,  association  or  corporation,  See  "  Public  Property  " 

and  "  Banks  ". 

As  to  appropriations  in  aid  of  churches  or  other  religious  purpose, 

See  Religion. 

As  to  appropriations  for  public  highways,  See  Roads. 

As  to  appropriations  for  erection  state  capital  buildings,  See  Seat  of 

Government. 

As  to  appropriations  for  pensions,  See  Soldiers  and  Sailors. 

"No  appropriations  for  private  or  individual  purposes  shall  be  made". 

(Tex.  XVI  6.) 

Appropriations  by  legislature  to  be  in  following  order:  (1)  Interest 
on  bonded  state  debt  falling  due  during  term  of  legislature;  (2) 
sinking  fund  not  less  than  $250,000  annually;  (3)  free  public 
school  purposes;  (4)  cost  assessing  and  collecting  revenue;  (5) 
payment  of  civil  list;  (6)  support  of  eleemosynary  state  institu- 
tions: (7)  compensation  of  members  of  legislature  and  such  other 
purposes  not  prohibited  as  may  be  deemed  necessary;  legislature 
not  to  give  priority  to  succeeding  over  a  preceding  item  as  here 
enumerated;  and  not  to  appropriate  for  any  purpose  whatever 
until  "respective  sums  necessary  for  the  purposes"  set  forth  in 
the  provisions  fixing  order  of  appropriations  have  been  set  apart 


and  appropriated.     (Mo.  IV  43.) 


State  Constitutions 


APPROPRIATIONS   [Cont'd) 
Amount 

For  provisions  requiring  specification  in  bills  of  amounts  appropri- 
ated. See  below,  thin  title,  Bills  —  Contents  —  Specification  of 

■Amount. 
For  provisions    requiring   publication    of   statement   of  amounts   ap- 
propriated by  each   legislative  session,  See  Auditor. 

General 

Xo  money  to  be  drawn  from  treasury  except  by  appropriation 
which  specifies  in  dollars  and  cents  maximum  amount  which 
may  be  drawn  under  it.  I  Ark.  V  29.) 
Each  legislature  to  provide  appropriations  for  expenses  of  gov- 
ernment until  end  of  first  fiscal  quarter  after  adjournment  of 
next  succeeding  regular  session.     (111.  IV  18;  Nebr.  Ill  19.) 

Limited  to  Revenue 

No  appropriation  to  be  made  or  expenditure  authorized  by  legis- 
lature whereby  state  expenditures  during  fiscal  year  shall 
exceed  total  tax  then  provided  for  by  law  and  applicable  to 
such  appropriation  or  expenditure  unless  legislature,  making 
such  appropriation,  provides  for  levying  sufficient  tax  not  ex- 
ceeding limit  of  rate  for  state  purposes  to  pay  such  appropria- 
tions or  expenditures  within  such  fiscal  year;  this  does  not 
apply  to  appropriations  or  expenditures  to  suppress  insurrec- 
tion, defend  state  or  assist  in  defending  United  States  in 
time  of  war.     (Colo.  X  16;  Ida.  VII  11;  Mont.  XII  12;  Utah 

XIII  9.) 
Annual   appropriation   for   ordinary   and   contingent  expenses   of 
government  not  to  exceed  revenue  authorized  to  be  raised  dur- 
ing period  for  which  appropriation  made.      (111.  IV  18.) 
Appropriations   for   deficiencies   not  to   exceed   "  the   amount   of 
revenue  authorized  by  law  to  be  raised  "  in  period  for  which 
appropriations  are  made.      (Nebr.  Ill  19.) 
Increase  of 

The  amount  of  annual  appropriation  for  ordinary  and  contingent 
expenses  of  government  not  to  be  increased  without  two-thirds 
vote  of  members  elected  to  each  house.      (111.  IV  18.) 
Publication 

Auditor  to  publish  amounts  of.      (Miss.  IV  113.) 
Contingencies 

Legislature  may  place  contingent  fund  at  disposal  of  executive 
who  shall  report  at  each  session  amount  expended  and  purposes. 

(Md.  Ill  32.) 
Bills 

For  provisions  respecting  application  of  initiative  and  referendum  to 

bills  containing,  See  Initiative  and  Referendum. 
As  to  time  limit  on  introduction  of  bills,  See  Legislative  Procedure 

—  Introduction  of  Bills. 
As    to    inti  in    of   appropriation    bills    at    special    sessions,    See 

Legislative  Procedure. 


Index  Digest  33 


APPROPRIATIONS   {Cont'd) 
Bills  (Cont'd) 
In  General 

No  money  to  be  appropriated  except  by  bill.      (Minn.  IV  12.) 
Not  to  bo  made  in  any  private  bill.      (111.  IV  1(5.) 
Contents 

For  provision   that  bills  contain  only  one  subject  but  excepting 

general  appropriation   bills,  See  Legislative  Procedure. 
General  Appropriation  Bill 

To  be  for  expenses  of  government  only.      (Colo.  V  19.) 
"  May   embrace  various   subjects   and   accounts    for   and   on 
account  of  which  moneys  are  appropriated."      (Mo.  IV  28; 

Tex.  Ill  35.) 

Nothing  other  than  appropriations  required  to  pay  salaries  of 

state  officers,  expenses  of  government  and  of  institutions 

under  exclusive  state  control  and  management.      (Cal.  IV 

29.) 
Nothing  but  appropriations  for  ordinary  expenses  of  execu- 
tive, legislative  and  judicial  departments  of  state.      (Ark. 

V  30.) 

Same;  with  addition  of  interest  on  public  debt  and  schools. 

(Ala.  IV  71;  Colo.  V  32;   Miss.  IV  69;  Mont.  V  33;   N.D. 

II  62;  Okla.  V  56;  Pa.  Ill  15;   Wyo.  Ill  34.) 

Same;  with  addition  of  provision  for  interest  on  public  debt 

for   public   schools  and  for   state   institutions.      (Ariz.   IV 

20;  S.D.  XII  2.) 
Same;  with  addition  of  provision  for  payment  of  public  debt 
and  interest  thereon  and  support  of  public  institutions  and 
educational  interests  of  state       (Oa.  Ill  Sec.  VII  9.) 
Same,   with   addition   of  provision   for   interest  and  sinking 
fund  payments  on  public  debt,  for  public  schools  and  other 
expenses  required  by  existing  law.      (N.M.  IV  16.) 
Laws   making   appropriations   for   salaries   of   public  officer's 
and   other   current  expenses   of   state   not  to   contain   pro- 
visions on  any  other  subject.      (Fla.  Ill  30;   Ore.  IX  7.) 
If  such  bill  contain  matters  other  than  those  authorized  by 
constitution,  only  so  much  thereof  as  is  forbidden  by  con- 
stitution to  be  void.     (N.M.  IV  16.) 
No  salary  of  officer  or  employee  to  be  increased  in  such  bill 
and  no  appropriation  therein  to  be  made  for  such  salary 
unless  the  employment  and   amount  of   salary   previously 
provided  for  by  law.      (Ala.  IV  71;   Okla.  V  56.) 
To  embrace  nothing  but  appropriations  for  ordinary  expenses 
of  government,  pensions,  public  debt  and  interest  thereon, 
public  schools,  public  roads,  public  charities  and  all  state 

institutions.      (La.  55.) 

Salary  Bill 

Laws  making,  for  salaries  of  public  officers  and  other  current 
expenses  of  state  not  to  contain  provisions  on  any  other 
subject.      (Fla.   Ill  30;   Ore.  IX  7.) 

2 


,34  State  Constitutions 


APPROPRIATIONS   (Cont'd) 
Bills  (Confd) 

Contents   (Cont'd) 

Salary  Bill  {Cont'd) 

Bills  containing  for  pay  of  members  and  officers  of  legislature 
and  for  salaries  of  officers  of  government  not  to  contain 
provision  on  any  other  subject.     (111.  IV  16;  Nebr.  Ill  19; 

W.Va.  VI  42.) 
Specific  Appropriations 

All  appropriations  other  than  those  in  general  appropriation 

bill  to  be  by  separate  bills.  (N.M.  IV  16.) 
All  appropriations  other  than  those  contained  in  general 
appropriation  bill  to  be  by  separate  bill  each  embracing 
but  one  subject.  (Ala.  IV  71;  Ariz.  IV  20;  Ark.  V  30; 
Colo.  V  32;  Ga.  Ill  Sec.  VII  9;  La.  55;  Miss.  IV  69; 
Mont.  V  33;   N.D.   II  62;   Okla.  V  56;   Pa.  Ill   15;   S.D. 

XII  2;  Wyo.  Ill  34.) 

Except  general  appropriation  bill  not  to  contain  more  than 

one  item  and  that  for  a  single  and  certain  purpose  to  be 

expressed  therein.      (Cal.  IV  34.) 

Except  general  appropriation  bill  appropriation  bills  to  be 

for  single  purpose  to  be  expressed  therein.     (Cal.  IV  34.) 

Legislation 

Legislation  not  to  be  engrafted  on;  but  conditions  on  which 
money  to  be  drawn  and  for  what  purposes  paid  may  be 

prescribed.  (Miss.  IV  69.) 
"  No  provision  or  enactment  shall  be  embraced  in  the 
annual  appropriation  or  supply  bill,  unless  it  relates 
specifically  to  some  particular  appropriation  in  the  bill; 
and  any  such  provision  or  enactment  shall  be  limited  in 
its  operation  to  such  appropriation."     (NYY.  Ill  22.) 

Specification  of  Puiyose 

To  be  for  specific  purpose  and  no  appropriation  shall  be 
made  "  under  the  head  or  title  of  contingent,  nor  shall  any 
officer  or  department  of  government  receive  any  amount 
from  the  treasury  for  contingencies  or   for   a  contingent 

fund".      (La.  56.) 
Law   making,   continuing   or   reviving   appropriation   to   dis- 
tinctly specify  object  to  which  to  be  applied  and  not  suffi- 
cient to  refer  to  any  other  law  to  fix  such  sum.      (Mo.  X 

19.) 

Law   making,   continuing   or    reviving   to   distinctly   specify 

object  to  which  to  be  applied.      (N.Y.  Ill  21;  Okla.  V  55; 

Wash.  VIII  4.) 

No  money  to  be  paid  from  treasury  except  on  appropriation 

the  purpose  of  which  is  distinctly  stated  in  the  bill.     (Ark. 

V  29.) 

Every  bill  making  appropriation  to  distinctly  specify  object 

thereof.     (111.  V  16;  Md.  Ill  32;  N.M.  IV  30;  S.C.  IV  23.) 


Index  Digest  35 


APPROPRIATIONS   {Confd) 

Bills   (Cont'd) 

Contents   (Cont'd) 

Specification  of  Amount 

Every  law  making  appropriations  to  distinctly  specify  sura 

appropriated.      (Md.  Ill  32;   N.M.  IV  30.) 
No    appropriation    bill    to    be    passed    which    does    not    fix 
definitely  maximum  sum  thereby  authorized  to  be  drawn 

from  treasury.     (Miss.  IV  63.) 
Law  making,  continuing   or   reviving   appropriation  to  dis- 
tinctly   specify    sum    appropriated    and    not    sufficient    to 
refer  to  any  other  law  to  fix  such  sum.     (Mo.  X  19;  N.Y. 

Ill  21;  Okla.  V  55;  Wash.  VIII  4.) 

Appropriation  bills  to  specify  in  distinct  items  and  sections 

amounts  appropriated  to  each  specified  purpose.     (111.  V 

16;   S.C.  IV  23.) 
Itemizing 

General  appropriation  bill  to  be  "  so  itemized  as  to  show  for 
what    account    each    and    every    appropriation    shall    be 

made".     (La.  55.) 

Appropriations    for    clerical    and    other    expenses    of    state 

auditor  of  public  accounts,  treasurer  and  secretary  of  state 

to  specify  each  item  of  appropriation  and  not  to  exceed 

specified  limit.     (La.  82.) 
Quorum  for  Passage 

On  bills  making,  continuing  or  reviving  appropriations  three- 
fifths  of  members  elected  to  each  house  required.      (N.Y.  Ill 

25;  Wis.  VIII  8.) 
Vote  Required  for  Passage 

"  No  law  granting  a  donation,  or  gratuity,  in  favor  of  any 
person  or  object "  to  be  enacted  except  by  concurrence  of  two- 
thirds    of    "  members    elect    of    each    branch "    of    legislature. 

(Miss.  IV  66.) 
Two-thirds  of  members  elected  to  each  house  for  passage  of  bills 
appropriating  money  to  private  or  local  purposes.      (Iowa  III 
31;   Mich.  V  24;   N.Y.  Ill  20;   R.I.  IV   14.) 
Two-thirds  of  both  houses  for  passage  of  appropriations  except 
those  to  raise  means  for  payment  of  just  debts  of   state,  to 
defray    necessary    expenses    of    government,    sustain    common 
schools,  repel  invasion  and  suppress  insurrection.     (Ark.  V  31.) 
Two-thirds  of  all  members  of  each  house  for  passage  of  appro- 
priations for  purposes  other  than  those  required  to  be  made 
in  general  appropriation  bill.     (S.D.  XII  2.) 
Affirmative  vote  of  majority  of  members  elected  to  each  house 
for  passage  of  bills  making,  continuing  or  reviving  appropria- 
tion.    (Va.  IV  50.) 
Majority  of  all  members  elected  to  each  house.     (Ky.  46;  Miss. 

IV  64.) 
On  appropriations  to  supply  deficiencies,  two-thirds  of  members 
elected  to  each  house.      (Nebr.  Ill  19.) 


36  State  Constitutions 


APPROPRIATIONS   (Cont'd) 
BHXS   (Cont'd) 

Record  of  Vote 

Ayes   and  noes  to  be  taken  in  each  house  on   final   passage  of 

appropriation  bill.     (Tenn.  II  21.) 
Not   to  become   law   unless   on   passage  yeas   and  nays   in   each 

house  recorded.     (Ga.  Ill  Sec.  VII  12.) 
On  final  passage  in  each  house  of  bills  making,  continuing  or 
reviving,  question  to  be  yeas  and  nays  duly  entered  on  journal. 
fX.Y.  Ill  25;  Va.  IV  50;  Wis.  VIII  8.)   - 

Time  of  Taking  Effect 

As  to  the  time  of  taking  effect  of  bills  generally,  See  Legislative 

Procedure. 

As  to  postponement  of  the  taking  effect  of  bills  to  give  time  for 

referendum  petition  thereon,  and  the  effect  of  these  provisions 

on  appropriation  bills,  See  Initiative  and  Referendum. 

General     appropriation     bill     immediately     upon     passage     and 

approval.     (N.M.  IV  23.) 

Veto  of  Items 

Veto  of  Bills  Generally,  See  Legislative  Procedure  —  Veto  of 

Bills. 
Referendum  on  Items,  See  Initiative  and  Referendum. 
Presentation  of  Bill  to  Governor 

Bills  embracing  distinct  items  of  appropriations  to  be  pre- 
sented to  governor  before  becoming  law;  items  not  dis- 
approved to  be  law.      (Okla.  VI   12;   W.Va.  VII   15.) 

Power  to  Veto 

Governor  may  object  to  one  or  more  items  of  appropriation 
bill  while  approving  balance  of  bill.  (Ala.  V  126;  Ariz. 
V  7;  Ark.  VI  17;  Cal.  IV  16;  Colo.  IV  12;  Del.  Ill  18; 
Fla.  IV  18;  Ga.  V  Sec.  I  16;  Ida.  IV  11;  111.  V  16;  Kan. 
II  14;  Ky.  88;  La.  77;  Md.  II  17;  Mich.  V  37;  Minn.  IV 
11;  Miss.  IV  73;  Mo.  V  13;  Mont.  VII  13;  Xebr.  V  15; 
X.J.  V  7;  X.M.  IV  22;  X.Y.  IV  9;  N.D.  Ill  80;  Ohio  II 
16;  Okla.  VI  12;  Pa.  IV  16;  S.C.  IV  23;  S.D.  IV  10; 
Tex.  IV  14;  Utah  VII  8;  Va.  V  76;  Wash.  Ill  12;  W.Va. 

VII  15;  Wyo.  IV  9.) 

Status  of  Items  Not  Disapproved 

To  be  law.     (Ala.  V  126;  Ark.  VI  17;  Colo.  IV  12;  Del.  Ill 

18;  Fla.  IV  18;  Ida.  TV  11;  La.  77;  Md.  II  17;  Mich.  V 

37;  Miss.  IV  73;  Mont.  VII  13;  X.M.  IV  22;  N.D.  III  80; 

Pa.  IV  16;  S.D.  IV  10;  W.Va.  VII  15;  Wyo.  IV  9.) 
Bill  to  "  become  a  law  as  to  the  residue  in  like  manner  as 

if  he  had  signed  it".      (111.  V  16;  S.C.  TV  23.) 
To  have  force  of  law  "  according  to  the  original  provisions 

of  the  bill".      (Okla.  VI  12.) 
Governor's  veto  not  to  affect  items   to  which  he  does  not 

object.     (Va.  V  76.) 


[ndex    Dk.kst  37 


APPROPRIATIONS   (Cont'd) 
Bills  (Cont'd) 

Veto  of  Items  (Cont'd) 

Status  of  Disapproved  Items 

To  be  void  unless  repassed.      (Ala.  V  126;  Ariz.  V  7;  Ark. 

VI  17;  Cal.  IV  16;  Colo.  IV  12;  Del.  Ill  18;  Fla.  IV  18; 
Ga.  V  Sec.  I  16;  Ida,  IV  1L;  Kan.  II  14;  Ky.  88;  La.  77; 
Md.  II  17;   Mich.  V  37;   Minn.  IV  11;   Mo.  V   13;  Mont. 

VII  13;  Nebr.  V  15;  X.J.  V  7;  X.M.  IV  22;  X.Y.  IV  9; 
X.D.  III  80;  Okla.  VI  12;  Pa.  IV  16;  S.D.  IV  10;  Tex. 
IV  14;  Utah  VII  8;  Wash.  Ill  12;  W.Va.  VII   15;  Wyo. 

IV  9.) 
Method  of  Indicating  Disapproval 

At  time  of  signing  appropriation  bill,  governor  to  append 
statement  of  items  objected  to.  (Minn.  IV  11;  Mo.  V  13; 
X.J.  V  7;  X.Y.  IV  9;  Tex.  IV  14.) 

At  time  of  signing  appropriation  bill,  governor  to  append 
statement  of  items  objected  to  and  his  reasons.  (Ariz.  V 
7;  Cal.  IV  16;  Kan.  II  14;  Utah  VII  S;  Wash.  Ill  12.) 

Governor  to  "  state  specifically  "  in  writing  items  he  dis- 
approves "  setting  the  same  out  in  full  in  his  message  ". 

(Ala.  V  126.) 
Communication   of  Disapproval   to  Legislature 

Governor  to  return  bill  to  originating  house  with  his 
objections  to  items  not  approved.     (111.  V  16;  S.C.  IV  23.) 

If  legislature  in  session  governor  to  transmit  to  originating 
house  copv  of  his  statement  of  disapproved  items.  (Minn. 
IV  11;  Mo.  V  13;  X.J.  V  7;  X.Y.  IV  9;  Tex.  IV  14.) 

If  legislature  in  session,  governor  to  transmit  copy  of  dis- 
approved items  to  originating  house  with  his  objections 
thereto.      (Colo.  IV   12;   X.D.  Ill  80;   S.D.  IV   10;   Wyo. 

IV  9.) 

If  legislature  in  session,  governor  to  send  within  five  days 
to  originating  house  copy  of  items  disapproved  with  his 
objections.      (Ida.   IV   11;   Mont,  VII    13.) 

Governor  to  communicate  to  originating  house  his  disap- 
proval   of    items    and    reasons   therefor.       (Okla.    VI    12; 

W.Va.  VII   15.) 

If  legislature  in  session,  governor  to  transmit  to  originating 
house  copy  of  his  statement  of  items  objected  to  and  rea- 
sons therefor.   (Cal.  IV  16.) 

Governor  to  transmit  to  lower  house  copy*of  his  statement  of 
items  objected  to  and  his  reasons  therefor.      (Kan.  II  14.) 

Governor  to  set  out  in  full  in  his  message  the  items  he  dis- 
approves "  but  in  such  case  the  enrolled  bill  shall  not  be 
returned  with  the  governor's  objections  ".      (Ala.  V  126.) 
Communication  of  Disapproval  to  Secretary  of  State 

If   legislature  not  in   session   governor  to  transmit   copy  of 
statement   of  items  objected  to  within  30  days  to   secre- 
tarv   of    state   "  with   his   approval   or    reasons   for   disap- 
proval •'.     (Mo.  V  13.) 


J.  d  L  Jd  & 


38  State  Constitutions 


APPROPRIATIONS   [Cont'd) 
Bills  (Confd) 

Veto  of  Items   {Cont'd) 

Entry  on  Legislative  Journals 

Governor'-  objections  to  items  not  approved  to  be  entered 
on  journal  of  originating  house  which  shall  then  proceed 
to   reconsider    disapproved   portions  of   bill.      (111.   V    16; 

S.C.  IV  23.) 
Separate  Reconsiderations 

Disapproved  items  to  be  separately  reconsidered.  (Cal.  TV 
16;  Colo.  IV  12;  Ida.  IV  11;  Minn.  IV  11;  Mo.  V  13; 
Mont.  VII  13;  N.J.  V  7;  N.Y.  IV  9;  N.D.  Ill  80;  S.D. 
IV  10;  Tex.  IV  14;  Wyo.  IV  9.) 

Application  General  Veto  Prorisions 

Same  proceedings  to  be  had  in  both  houses  on  reconsideration 
of  disapproved  items  as  in  case  of  entire  bill  returned,  by 
governor  with  his  objections.      (111.  V  16;  S.C.  IV  23.) 

Disapproved  items  to  be  repassed  according  to  rules  and 
limitations  prescribed  for  passage  of  other  bills  over  gov- 
ernor's veto.  (Ala.  V  126;  Ark.  VI  17;  Del.  Ill  18;  Fla. 
IV  18;  La.  77;  Md.  II  17;  Mich.  V  37;  Okla.  VI  12;  Pa. 

IV  16;  W.Va.  VII  15.) 

Items  disapproved  by  governor  to  be  repassed  over  his  veto 
as  in  case  of  other  vetoed  bills.  (Ariz.  V  7;  Cal.  IV  16; 
Ky.  88;  Md.  II  17;  Nebr.  V  15;  N.M.  IV  22;  Ohio  II  16; 

Utah  VII  8;  Wash.  Ill  12.) 

Provisions  of  constitution  relating  to  vetoed  bills  to  apply 
to  vetoed  items.     (Minn.  IV  11;  N.J.  V  7;  N.Y.  IV  9.) 

Each  item  to  take  same  course  as  prescribed  for  repassage 
of  bills  over  governor's  veto.  (Colo.  IV  12;  Ida.  IV  11; 
Mont.  VII   13;  N.D.  II  80;   S.D.  IV  10;   Wyo.  IV  9.) 

Items  objected  to  by  governor  not  to  take  effect  except  in 
manner  provided  by  constitution   as  to  bills  returned  by 
governor  to  legislature  without  his  approval.     (Va.  V  76.) 
Vote  Required  for  Rrpassage 

As  t<,  rote  for  repassage  of  vetoed  1>ills  generally,  See  Legis- 
lative Procedure  —  Passage  Over  Veto. 

Majority  of  each  house.      (W.Va.  VII  15.) 

Majority  of  members  elected  to  each  house.      (N.J.  V  7.) 

Tyo-thirds  of  each  bouse.     (Ga.  V  Sec.  I  16;  S.C.  IV  23.) 

Two-thirds  of  members  present  of  each  house.     (Tex.  IV  14.) 

Two-thirds  of  members  elected  to  each  house.  (111.  V  16; 
Kan.  II    14;  Minn.  IV  11;   N.Y.  IV  9.) 

A   two-thirds  vote;    but  this  not  to   relieve  emergency  bills 
of  the  requirement  of  a  three-fourths  vote.     (Okla.  VI  12.) 
Q<  i -ti/i-  ate  of  Repassage 

Presiding  officers  of  each  house  to  certify  on  bill  the  fact 
of  reconsideration  and  approval.      (Kan.  II  14.) 


Index   Digest  39 


APPROPRIATIONS   (Cont'd) 
Bills  (Cont'd) 

Veto  of  Items   (Cont'd) 

Status  After  Repassage 

Item    repassed    to    be    part    of    law    notwithstanding    gov- 
ernor's  objection.      (111.    V    16;    Kan.    II    14;    N.J.   V    7; 
N.Y.  IV  9;   S.C.  IV  23;  Tex.  IV  14.) 
Disapproval  After  Adjournment 

If  appropriation  bill  containing  several  items  be  presented 
to  governor  less  than  10  days,  Sundays  excepted,  prior 
to  adjournment,  and  be  in  governor's  hands  time  of  ad- 
journment, be  has  20  days  from  such  adjournment 
within  which  to  file  objection  to  any  item  thereof  and 
make  proclamation  of  same;  "and  such  item  or  items 
not  to  take  effect".  (Tex.  IV  14.) 
Period  Effective 

Limitation  on  Time  of  Payment 

To  be  made  within  two  years  "  next  after  passage  "  of  appropriat- 
ing act.      (N.Y.  Ill  21.) 
T'o  be  made,  or  warrant  issued  therefor,  within  two  years  after 

passage  of  appropriating  act.      (Mo.  X,  19.) 
To  be  made  within  two  years  from  May  1st  next  after  passage  of 

appropriating  act.     (Wash.  VIII  4.) 
To  be  made  within  two  and  one-half  years  after  passage  of  ap- 
propriating act.     (Okla.  V  55.) 
Limitation  on  Life  of  Appropriating  Act 

Not  to  continue  in  force  "  more  than  six  months  after  the  meet- 
ing  of  the   legislature   at   its   next   regular  session".      (Miss. 

IV  64.) 
All  appropriations  general  or  special  requiring  money  to  be  paid 
out  of  state  treasury  from  state  funds  to  end  at  the  termina- 
tion of  the  fiscal  quarter  after  the  adjournment  of  the  next 
regular  session.     (111.  IV  18.) 
"  Shall   end "  with   fiscal   quarter  after   expiration   of  next  suc- 
ceeding regular  session.      (Nebr.  Ill   19.) 
Limitation  on  Passage  of  Appropriating  Act 

Not  to  be  made  for  longer  term  than  two  years.      ( Ark.  V  29 ; 

Kan.  II  24;  "La.  45;  Mont.  XII  12:  Ohio  II  22:  Tex.  VIII  6.) 

Appropriation  not  to  be  made  which  is  payable  more  than  two 

years  after  end  of  session  at  which  enacted.      (Va.  XIII  186.) 

Appropriation  for  support  of  militia  not  to  be  for  longer  period 

than  two  years.     (Iowa  I  14;  Nev.  I  11.) 
Appropriation    for    support    of    militia    not    to    be    made    for    a 
longer  term  than  one  year.      (Ala.  I  27.) 
Transfers 

No  money  to  be  diverted  from  any  appropriation  by  joint  or  separate 

resolution.      (111.  IV  17;  Nebr.  Ill  22.) 
ARBITRATION 

Legislature  to  provide  for  deciding  difference  by.     (La.  176.) 
Legislature   to   provide   for    deciding   differences   by   when    parties    elect. 

(Tex.  XVI   13.) 


40  State  Constitutions 


ARBITRATION   [Cont'd) 

Legislature  to  provide  for  deciding  differences  by;   arbitrators  to  be  ap- 
pointed by  parties  who  may  choose  that  mode  of  adjustment.      (Colo. 

XVIII  3;   Ky.  250;   S.C.  VI  1.) 
Legislature  to  provide  for  deciding  differences  by;   arbitrators  to  be  ap- 
pointed by  petition  when  parties  elect.      (S.C.  VI  1.) 
Courts  of,  See  Courts. 
In  labor  disputes,  See  Labor. 
Arbitrators,  See  Courts. 

ARMS 

Bearing  Allowed 

Right  of  people  to  bear  arms  not  to  be  infringed.      (Ga.  I  Sec.  I  22; 

La.  8;  N.C,  I  24;  R.I.  I  22;   S.C.  I  26.) 
Citizens  have  right  to  bear  arms  for  common  defense.      (Ark.  II  5; 

Me.  I  16;  Tenn.  I  26.) 
Same;   "people"  instead  of  "citizens".      (Mass.  Pt.  I   17.) 
Citizens  have  right  to  bear  arms  in  defense  of  state.      (Ala.  I  26; 
Ariz.  II  26;  Conn.  I  17;  Ky.  1;  Mich.  II  5;  Pa.  I  21;  S.D.  VI  24; 

Tex.  I  23;  Wash.  I  24;  Wyo.  I  24.) 
Same;   "  people"  instead  of  "citizens".      (Fla.  D.R.  20;   Ind.  I  32; 

Ore.  I  27;  Vt.  I  16.) 

Right  of   citizen  to  bear   arms   in   aid   of   civil   power  when  legally 

summoned    not    to    be   questioned.       (Miss.    Ill    12;    Mo.    II    17; 

Okla.  II  26.) 

Same;  "person"  instead  of  "citizen".     (Colo.  II  13;  Mont.  Ill  13.) 

Every  citizen  to  have  right  to  bear  arms  in  defense  of  himself.     (Ala. 

I  26;   Ariz.  II  26;   Conn.  I   17;  Ky.  1;   Miss.  Ill   12;   Mo.  II   17; 

N.M.  II  6;  Okla.  II  26;  Pa.  I  21;  S.D.  VI  24;  Tex.  I  23;  Wash.  I 

24;  Wyo.  I  24.) 

Same;  "people"  instead  of  "citizen".      (Colo.  II  13;  Fla.  D.R.  20; 

Ida.  I  11;  Ind.  I  32;  Kan.  B.R.  4;  Mich.  II  5;  Mont.  Ill  13;  Ohio 

I  4;  Ore.  I  27;  Utah  I  6;  Vt.  I  16.) 

Rights  of  citizen  to  bear  in  defense  of  his  home,  not  to  be  questioned. 

(Miss.  Ill  12;  Mo.  II  17;   Okla.  II  26.) 
Same;  "  person  "  instead  of  "  citizen  ".     (Colo.  II  13;  Mont.  Ill  13.) 
I  lights  of  citizen  to  bear  in  defense  of  his  property,  not  to  be  ques- 
tioned.     (Miss.  Ill  12;  Mo.  II  17;  Okla.  II  26.) 
Same;  "person"  instead  of  "citizen".     (Colo.  II  13;  Mont.  Ill  13.) 
Keeping  Allowed 

Right  of  people  to  keep  arms  not  to  be  infringed.     (Ga.  I  Sec.  I  22; 

La.  8;   X.C.   J  24;  R.I.  I  22;   S.C.  I  26.) 
Citizens  have  right  to  keep  arms  in  defense  of  state.     (Tex.  I  23.) 
Citizens  to  have  right  to  keep  arms  for  the  common  defense.      (Ark. 

II  5;  Me.  I  16;  Tenn.  I  26.) 
S;nne;  "people"  instead  of  "citizens".  (Mass.  Pt.  I  17.) 
Right  of  citizen  to  keep  arms  in  defense  of  himself  not  to  be  ques- 
tioned. (Miss.  Ill  12;  Mo.  II  17;  Okla.  II  26;  Tex.  I  23.) 
Same;  -  person  "  instead  of  "  citizen  ".  (Colo.  II  12;  Mont.  Ill  13.) 
Right  of  citizen  to  keep  in  defense  of  his  home,  not  to  be  questioned. 
(Miss.  Ill  12;  Mo.  II  17:  Okla.  II  26.) 


Index  Digest  41 


ARMS    (Cont'd) 

Keeping  Allowed   ( Cont'd) 

Same;  "person"  instead  of  "citizen".   (Coin.  II  13;   Mont.  Ill  13.) 
Right  of  citizen  to  keep  in  defense  of  his  property  not  to  be  ques- 
tioned.    (Miss  III  12;  Mo.  II  17;  Okla.  II  26.) 
Same;  '"person"  instead  of  "citizen".      (Colo.  II   13;  Mont.  Ill  13.) 

Manner  of  Wearing 

Legislature  may  prescribe.     (Fla.  D.K.  20;  Ga.  I  Sec.  I  22;  Okla.  II 

26;  Utah  16.) 

Legislature  shall  regulate  this  right.      (Ida.  I  11.) 
Legislature  may  regulate  carrying  of  arms  to  prevent  crime.     (Tenn. 

I  26;  Tex.  I  23.) 
Carrying   concealed   weapons   not   justified   by   right   to   bear   arms. 

(Colo.  II  13;  Mo.  II  17;   Mont.  Ill  13;  N".M.  II  6;   N.C.  I  24.) 
Legislature  may  regulate  the  carrying  of  concealed  weapons.      (Okla. 

II  26.) 
Legislature  may   regulate  or   forbid  carrying  of  concealed  weapons. 

(Ky.  B.R.  1;  Miss.  Ill  12.) 
Legislature  may  enact   penal   statutes   against  practice   of   carrying 

concealed  weapons.      (N.C.  I  24.) 
Laws   may  be   passed   punishing   those   carrying   concealed   weapons. 

(La.   8.) 
Importation  or  Employment  of  Armed  Men,  See  Police. 

ARMY,  See  Standing  Army. 

\ 

ARRESTS 

See  Crimes. 
Exemptions  from 

See  Elections  —  Privileges  of  Electors. 

See  Legislature  —  Members. 

See  Militia 

ASSEMBLY,  RIGHT  OF 
Right  of  Citizens 

Citizens  have  right,  in  peaceable  manner,  to  assemble  together  for 
common  good;  and  to  apply  to  those  invested  with  powers  of  gov- 
ernment for  redress  of  grievance  or  other  purposes,  by  petition, 
address  or  remonstrance.      (Ala.  I  25;  N.D.  I  10;  R.I.  I  21;  Tex. 

I  27.) 

Same;  adds  "  proper  "  before  "  purposes  ".    (Conn.  I  16;  Pa.  I  20.) 

Citizens  have  right  in  orderly  manner  to  meet  together,  and  to  apply 

to   persons   intrusted   with   powers   of  government,   for   redress   of 

grievances   or   other   proper   purposes,   by   petition,    remonstrances 

or  address.      (Del.   I   16.) 

Citizens  have  right,  in   peaceable  manner,   to   assemble   together  for 

common  good,   to   instruct   their   representatives,   and   to   apply   to 

those  invested  with  powers  of  government  for  redress  of  grievances, 

or  other  proper  purposes,  by  addresses  or  remonstrance.     (Tenn.  I 

23.) 


4l'  State  Constitutions 


ASSEMBLY,  RIGHT  OF    (Cont'd) 
Right  of  People 

Right  of  petition,  and  of  people  peaceably  to  assemble  for  common 
good,  never  to  be  abridged.      (Ariz.  II  5.) 

Right  of  people  peaceably  to  assemble  to  consult  for  common  good, 
and  to  petition,  by  address  or  remonstrance,  government,  or  any 
department  thereof,  not  to  be  abridged.      (Ark.  II  4.) 

People  to  have  right  to  freely  assemble  together  to  consult  for  com- 
mon good,  to  instruct  their  representatives,  and  to  petition  legis- 
lature for  redress  of  grievances.      (Cal.  I  10.) 

People  have  right  peaceably  to  assemble  for  common  good,  and  to 
apply  to  those  invested  with  powers  of  government  for  redress  of 
grievances,  by  petition  or  remonstrance.     (Colo.  II  24.) 

People  have  right  to  assemble  together  to  consult  for  common  good, 
to  instruct  their  representatives,  and  to  petition  legislature  for 
redress  of  grievances.      (Fla.  D.R.   15.) 

People  have  right  to  assemble  peaceably  for  common  good,  and  to 
apply  to  those  vested  with  powers  of  government  for  redress  of 
grievances  by  petition  or  remonstrance.      (Ga.  I  Sec.  I  24.) 

People  have  right  to  assemble  in  peaceable  manner  to  consult  for 
common  good;  to  instruct  their  representatives,  and  to  petition 
legislature  for  redress  of  grievances.      (Ida.  I  10.) 

People  have  right  to  assemble  in  peaceable  manner  to  consult  for 
common  good,  to  make  known  their  opinions  to  their  representa- 
tives, and  to  apply  for  redress  of  grievances.     (111.  II  17.) 

No  law  to  restrain  any  of  inhabitants  of  state  from  assembling  to- 
gether, in  peaceable  manner,  to  consult  for  common  good;  nor 
from  instructing  their  representatives;  nor  from  applying  to  legis- 
lature for  redress  of  grievances.     (Cal.  I  10.) 

People  have  right  freely  to  assemble  together  to  counsel  for  common 
good;  to  make  known  their  opinions  to  their  representatives,  and 
to  petition  for  redress  of  grievances.     (Iowa  I  20.) 

People  have  right  to  assemble  in  peaceable  manner,  to  consult  for 
common  good,  to  instruct  their  representatives,  and  to  petition 
government,  or  any  department  thereof,  for  redress  of  grievances. 

(Kan.  B.R.  3.) 

Men  have  right  of  assembling  together  in  peaceable  manner  for 
common  good,  and  of  applying  to  those  invested  with  power  of 
government  for  redress  of  grievances  or  other  proper  purposes,  by 
petition,  address  or  remonstrance.    (Ky.  1.) 

People  have  right  peaceably  to  assemble  and  apply  to  those  invested 
with  powers  of  government  for  redress  of  grievances  by  petition  or 

remonstrance.      (La.  5.) 

People  have  right  at  all  times  in  orderly  and  peaceable  manner  to 
assemble  to  consult  upon  common  good,  to  give  instructions  to 
their  representatives,  and  to  request,  of  either  department  of  the 
government  by  petition  or  remonstrance,  redress  of  their  wrongs 
and    grievances.       (Me.    I    15.) 

Every  man  hath  right  1,,  petition  legislature  for  redress  of  griev- 
ances in  peaceful  and  orderly  manner.      (Md.  D.R.  13.) 


Index  Digest  43 


ASSEMBLY,  RIGHT  OF    (Cont'd) 
Right  of  People   (Cont'd) 

People  have  right,  in  orderly  and  peaceable  manner,  to  assemble 
to  consult  upon  common  good;  give  instructions  to  their  repre- 
sentatives, and  to  request  of  legislative  body,  by  way  of  addresses, 
petitions  or  remonstrances,  redress  of  wrongs  done  them,  and  of 
grievances  they   suffer.      (Mass.    Pt.   I    19.) 

People  have  right  peaceably  to  assemble,  to  consult  for  common 
good,  to  instruct  their  representatives,  and  to  petition  legislature 
for  redress  of  grievances.      (Mich.  II  2.) 

Right  of  people  to  assemble  and  petition  the  government  on  any 
subject  shall  never  be  impaired.     (Miss.  Ill  11.) 

People  have  right  peaceably  to  assemble  for  common  good,  and  to 
apply  to  those  invested  with  powers  of  government  for  redress 
of  grievances  by  petition  or  remonstrance.      (Mo.  II  29.) 

People  have  right  peaceably  to  assemble  for  common  good,  and  to 
apply  to  those  invested  with  powers  of  government  for  redress 
of  grievances  by  petition  or  remonstrance.     (Mont.  Ill  26.) 

Right  of  people,  peaceably  to  assemble  to  consult  for  common  good, 
and    to    petition    government,    or    any    department    thereof,    shall 

never   be   abridged.      (Nebr.   I    19.) 

People  have  right  freely  to  assemble  together  to  consult  for  common 
good,  to  instruct  their  representatives,  and  to  petition  legislature 
for  redress  of  grievances.      (Xev.  I   10.) 

People  have  right,  in  orderly  and  peaceable  manner,  to  assemble  and 
consult  upon  common  good,  give  instructions  to  their  representa- 
tives, and  to  request  of  legislative  body,  by  way  of  petition  or 
remonstrance,  redress  of  wrongs  done  them,  and  of  grievances  they 

suffer.     (N.H.  132.) 

People  have  right  freely  to  assemble  together  to  consult  for  com- 
mon good,  to  make  known  their  opinions  to  their  representatives, 
and  to  petition  for  redress  of  grievances.      (N.J.  I  18.) 

No  law  to  be  passed  abridging  right  of  people  peaceably  to  assemble 
and  to  petition  the  government,  or  any  department  thereof.      (N.Y. 

I  9.) 

People  have  right  to  assemble  together  to  consult  for  common  good, 
to  instruct  their  representatives,  and  to  apply  to  legislature  for 
redress  of  grievances.  But  secret  political  societies  are  dangerous 
to  liberties  of  a  free  people,  and  should  not  be  tolerated.      (N.C 

I  25.) 

People  have  right  to  assemble  together,  in  peaceable  manner,  to 
consult  for  common  good;  to  instruct  their  representatives,  and 
to  petition  legislature  for  redress  of  grievances.      (Ohio  I  3.) 

People  have  right  peaceably  to  assemble  for  own  good,  and  to  apply 
to  those  invested  with  powers  of  government  for  redress  of 
grievances  by  petition,  address  or  remonstrance.     (Okla.  II  3.) 

No  law  to  be  passed  restraining  any  of  inhabitants  of  state  from 
assembling  together  in  peaceable  manner  to  consult  for  common 
good;  nor  from  instructing  their  representatives;  nor  from  apply- 
ing to  legislature  for  redress  of  grievances.      (Ore.  I  26.) 


44  State  Constitutions 


ASSEMBLY,  RIGHT  OF    (Cont'd) 
Right  of  People     (Cont'd) 

Legislature  to  make  nu  law  abridging  right  of  people  peaceably  to 

assemble  and  to  petition  government,  or  any  department  thereof, 

for  redress  of  grievances.     (S.C.  I  4.) 
Right  of  petition,  and  of  people  peaceably  to  assemble  to  consult  for 

common   good    and    make   known    their    opinions,    shall    never    be 

abridged.     (S.D.  VI  4.) 
Men  have  right  to  assemble  peaceably,  protest  against  wrongs,  and 

petition  for  redress  of  grievances.      (Utah  I  1.) 
People  have  right  to  assemble  together  to  consult  for  common  good, 

to    instruct    their    representatives,    and    to    apply    to    legislature 

for   redress   of   grievances,   by   address,   petition   or   remonstrance. 

(Vt.  I  20.) 
Right  of  petition,  and'  of  people  peaceably  to  assemble  for  common 

good,  shall  never  be  abridged.      (Wash.  I  4.) 
Right   of   people   to    assemble   in    peaceable   manner,   to   consult   for 

common  good,  to   instruct  their   representatives,  or   to  apply   for 

redress  of  grievances,  shall  be  held  inviolate.      (W.Va.  Ill  16.) 
Right  of  people  peaceably  to  assemble,  to  consult  for  common  good, 

and    to    petition    government,    or    any    department    thereof,  shall 

never  be  abridged.      (Wis.  I  4.) 
Right  of  petition,   and   of   people   peaceably  to   assemble  to  consult 

for  common  good,  and  to  make  known  their  opinions,  shall  never 

be  denied  nor  abridged.      (Wyo.  I  21.) 

ASSESSMENTS  FOR  BENEFITS,  See  Taxation  —  Special  Assessments. 

ASSUMPTION  OF  RISK 

&ee  Injuries. 

See  Labor  —  Employer's  Liability. 

ATTAINDER 

Bills  of  prohibited.  (Ariz.  II  25;  Ark.  II  17;  Gal.  I  10:  Fla.  D.R.  17; 
Ga.  I  Sec.  Ill  2;  Ida.  I  16;  Iowa  I  21;  Me.  Ill;  Mich.  II  9;  Minn. 
I  11;  Ni-hr.  I  16;  Nev.  I  15;  N.J.  IV  Sec.  VII  3;  X.M.  II  19;  N.D.  I 
Hi;   Okla.  II   15;   S.C.  I  8;  Tex.  I  16;  Utah  I  18;  Va.  IV  58;   Wash.  I 

23;  W.Va.  Ill  4;  Wis.  I  12.) 
No  person  to  be  attainted  of  treason  by  legislature.      (Ala.  I   19;  Wyo. 

I  26.) 

No  person  to  be  attainted  of  treason  or  felony  by  legislature.      (Colo  II 

9;   Conn.    I    15;   Ky.  20;    Mass.  Pt.  I  25;   Mont.  Ill  9;   Pa.  I   18;   S.D. 

VI  22.) 
No  person  ougiH  to  lie  declared  guilty  of  treason  by  legislature.  ( Vt.  II  56.) 
No  law  to  attaint  particular  persons  of  treason  or  felony  ought  to  be 

passed.      (Md.   D.R.   18.) 
Not  to  work  corruption  of  blood  or  forfeiture  of  estates.      (Ida.  V  5;  Me. 

I  11;  N.C.  IV  5.) 
Not  to  work   corruption   of  blood';   or  forfeiture  of  estate,  except  during 

life  of  offender.     (Ky.  20;  Pa.  I  19;  Del.  I  15.) 
Conviction    of   crime  not    to   work   corruption   of   blood   or  forfeiture   of 

estate,  See  Crimes  —  Punishment. 
Effect  of  conviction  of  treason,  See  Treason. 


Index  Digest  45 


ATTORNEY-GENERAL 

Under  this  heading  are  digested  those  provisions  which  specifically  refer 
to  this  officer.  For  provisions  relating  to  all  officers  and  hence  to  this 
one,  See  the  title  "  Public  Officers  ". 

Appointment 

By  legislature  or  judges,  See  below,  this  title,  Election. 
By  governor    with   advice   and   consent   of   senate.      (N.J.   VII    Sec. 

II  4.) 
By  governor  with  advice  and  consent  of  two-thirds  of  all  members 

of  senate.      (Pa.  IV  8.) 
By  governor  and  council;  nomination  to  be  made  at  least  three  days 
prior  to  appointment  and  majority  of  council  necessary  to  appoint- 
ment.     (N.H.   II  45.) 

Assistants 

May  appoint  and  remove  two  assistant  attorneys-general  for  state; 
to  have  same  qualifications  as  attorney -general  and  to  perform 
duties  assigned  to  them  by  attorney-general  and  to  receive  salary 

of  $4,000  and  of  $3,500.     (La.  97.) 
May   appoint  deputies   or  assistants   as  may  be  prescribed  by   law. 

(Md.  V   3.) 
No  salary  for  clerical  service  to  exceed  $1,800  for  each  clerk.     (Cal. 

V  19.) 
Governor  not  to  employ  additional   counsel  in  any  case  unless   au- 
thorized by  legislature.      (Md.  V  3.) 

Bond 

Of  not  less  than  double  amount  of  money  that  may  come  into  hands, 
and  not  less  than  $50,000 ;  sureties,  and  approval  "  thereof  ",  and 
increase  of  penalties,  as  may  be  prescribed  by  law.      (Nebr.  V  25.) 

Compensation 
Salary 

As  to  whether  salary  fixed  may  be  changed  by  law,  See  beloiv, 

this  subdivision,  Increase  or  Decrease. 
To  be  fixed  by  law.     (Ala.  V  118;  Colo.  IV  19;  111.  V  23;  Kan. 

I   15;   Ky.   96;    Minn.   V  5;    Miss.   VI   173;    Mo.   V  24;    N.Y. 

V  1;   N.C,  III   15;   Ohio  III  19;   Okla.  VI   34;    SIC.  IV  24,  V 

28;   Va.  VI   107;   W.Va.  VII  19;   Wis.  VI  3.) 
Fixed  at  $1,000.     (S.D.  XXI  2.) 
Fixed  at  $1,500.      (Fla.  IV  29;  Utah  VII  20.) 
Fixed  at  $2,000.      (Ark.   Sched.   28;    Ida.   IV    19;   Nebr.   V  24: 

N.D.  Ill  84;   Wash.  Ill  21.) 
Fixed   at  $2,000  "  and   no  more ",  besides  such   fees   as  may  b« 

prescribed  by  law,  not  over  $2,000.      (Tex.  IV  22.) 
Not  to  exceed  $2,000.     (Ga.  VI  Sec.  XIII  1.) 
Fixed  at  $2,500.      (Ariz.  V  13.) 
Fixed  at  $3,000.      (Md.  V  3;   Mont.  VII  4.) 
Fixed  at  $4,000.      (N.M.   V    12;    Okla.   Sched.    15.) 
Fixed  at  $5,000.      (La.  97;   Mich.  VI  21.) 
Fixed  at  $6,000.      (Cal.  V   19.) 
Acting  as  governor,  same  as  governor.      (Ala.  V  129.) 


40  State  Constitutions 


ATTORNEY-GENERAL    |  ( 'on  t  'd 
Compensation  i  Cont'd) 
Increase  or  Decrease 
In  General 

Allowed.     (Ariz.  V  13;  Ida.  IV  19;  Md.  V  3;  Mont.  VII  4; 

N.D.  Ill  84;  Okla.  Sohed.  15;  Utah  VII  20.) 
Allowed   after   eight   years   from    adoption   of   constitution. 

(Fla.  IV  29.) 
Allowed  after   ten  years   from  date  of   admission  as   state. 

(N.M.   V    12.) 
Allowed,  but  not  to  exceed  $2,500.      (Ark.  XIX  11.) 
Increase  allowed,  but  total  not  to  exceed  $3,500.      (Wash. 

Ill   21.) 
Salary  not  to  exceed  $2,000,  but  legislature  may  change  by 
two-thirds  vote  of  each  branch.     (Ga.  VI  Sec.  XIII  1,  2.) 
Increase  prohibited.      (Mich.  VI  21;   S.D.  XXI  2.) 
May  be  diminished,  but  not  increased.     (Cal,  V  19.) 

During  Term 

Increase  during  term  of  office  prohibited.     (Mont.  VII  4.) 
Prohibited   during  official  term.      (Ark.   XIX   11;   Colo.   IV 

19;  111.  V  23;  Mo.  V  24;  W.Va.  VII  19.) 
Prohibited  during  period  for  which  elected.      (Ala.  V  118; 
Cal.  V  19;  Kan.  I   15;  N.Y.  V  1;  N.C.  Ill  15;  N.D.  Ill 
84;  Ohio  III  19;  Okla.  VI  34;  S.C.  IV  24.) 
Prohibited   to   extent    that   it    affects    salary   during    term. 

(Ida.  IV   19,  V  27.) 
Prohibited    to    extent    that    it    affects    salary   during   term, 
unless  vacancy  occurs,  in  which  case  successor  to  receive 
only-salary  provided  by  law  at  time  of  election  or  appoint- 
ment.     (Utah  VII   20.) 
Change  in  salary  not  to   affect  officer  then   in  commission. 

(Ga.  VI  Sec.  XIII  2.) 

Compensation  Other  Than  Salary 

Fees  as  prescribed  by  law,  not  over  $2,000.      (Tex.  IV  22.) 
Emolument   or   allowance   other  than   salary,   prohibited,    (N.C. 

Ill   15.) 
Salary  to  be  in  full  payment  for  all  services  rendered.      (N.M. 

V  12.) 

Salary  to  be  in  full  for  all  services  rendered  in  official  capacity 

or  employment  during  term  of  office.     (Cal.  V  19;  Ida.  IV  19; 

Mont.  VII  4;  Utah  VII  20.) 
Compensation   limited  to  salary.      (Ala.  V   137;   Ark.   XIX   11; 
111.   V  235  Ky.  96;  Mo.  V  24;  Nebr.  V  24;  N.M.  V  12;  N.Y. 
V  1;  Okla.  VI  34;  W.Va.  VII  19.) 
No!  to  receive  additional  compensation  beyond  salary  for  services 
rendered   state  in  connection  with  internal  improvement  fund 
or  other  interests  belonging  to  state.      (Fla.  IV  29.) 
Foe-  for  performance  of  duties  not  to  be  received.     (Ida.  IV  19; 
Mont.  VII  4;   N.M.  V  12;   Utah  VII  20.) 


Index  Digest  47 


ATTORNEY-GENERAL    (Cont'd) 

COMPEN  SATION    ( Con  t  'd ) 

Compensation  Other  Than  Salary   [L'oni'd) 

Fees  or  perquisites  for  performance  of  duties  not  to  be  received. 

(Ala.  V  137;  Ark.  XIX  11;  Cal.  V  19;   111.  V  23;   Md.  V  3; 

Mich.  VI  21;  Mo.  V  24;  Nebr.  V  24;  N.Y.  V  1;   Ga.  VI  Sec. 

XIII  1;   Oklal  VI  34;   S.D.  XXI  2;  W.Va.  VII   lit.) 

Fees  or  perquisites  for  performance  of  duty  connected  with  office 

or  for  performance  of  additional  duty  imposed  by  law  not  to 

be  received.   (Xev.  XVII  5.) 

Costs  not  to  be  received.     (Ala.  V  137;  Ark.  XIX  11;  111.  V  23; 

Mo.  V  24;   Nebr'.  V  24;   Okla.  VI  34;    W.Va.  VII   19.) 

Interest  on  public  moneys  in  hands  or  under  control,  not  to  be 

received  to  own  use.     (Nebr.  V  24.) 

Rewards  in  addition  to  salary  prohibited.      (Md.  V  3.) 

Payment  into  treasury,  See  below,  IMs  title,  Fees. 

Expenses 

Legislature  may  provide  for  actual  and  necessary  expenses  while 

traveling  in  state  in  performance  of  official  duty.      (Ida.  IV 

19;  Utah  VII  20.) 

Legislature   may   provide   for   payment   of   actual    or   necessary 

expenses  incurred  while  in  performance  of  official  duty.     (Ida. 

V  27.) 
Payment 

Monthly  on  own  warrant.      (La.  97.) 

Quarterly.      (Ida.  IV    19;    Mont.  VII  4;   Nev.  XVII  5;   N.M.   V 

12;   Utah  VII  20.) 
Deputies,  See  above,  this  title,  Assistants. 

Dual  Office  Holding,  See  below,   tliis  title,  Qualifications  and  Dis- 
qualifications. 
Election 

Under  this  subhead  are  digested  those  provisions  which  specifically 
refer  to  this  officer ;  for  provisions  relating  to  elections  in  general, 
See  the  title  "Elections";  for  provisions  allowing  the  legislature 
to  establish  offices  and  provide  for  their  election  or  appointment, 

See  the  title  "'Public  Officers". 
Electors 

Qualified  electors  of  state.     (Ala.  V  114;  Ark.  VI  3;  Colo.  IV  3 
Del.  Ill  21;  Ga.  VI  Sec.  X   1;   Ida.  IV  2;  Kan.  I  1;  Ky.  91 
La.  79.  97;   Md.  V  1;   Minn.  V  1;   Mont.  VII  2;   N.C.  Ill   1 
N.D.  Ill  82;  Ohio  III  1;  S.C.  IV  24,  V  28;  S.D.  IV  12;  Tex. 
IV  2;  Utah  VII  2;   Va.  VI  107;  Wis.  VI  1.) 
Same  as  for  governor.     (Cal.  V  17;  Mass.  Amend.  17:  Miss.  VI 

173;   Nev.  V   19.) 
Legislature  to  provide  for  election  by  people.      (Iowa  V  12.) 
Judges  of  highest  court.     (Tenn.  VI  5.) 
Joint  vote  of  legislature.      (Me.  IX  11.) 
Time  and  Places 

As  prescribed  by  law.      (W.Va.  VII  2.) 

Same  as  for  governor.      (Cal.   V   17;    Fla.   IV  20;    Ga.  VI   Sec. 
X  1;  Mass.  Amend.  17;  Miss.  VI  173;  Nev.  V  19;  N.Y.  V  1,  2; 

Va.  VT   107.) 


4S  State  Constitutions 


ATTORNEY-GENERAL    (Cont'd 
Election   (Cont'd) 

Time  and  Places   (Cont'd) 

Same  as  for  members  of  legislature.      (Ala.  V  114;  Ark.  VI  3; 
Ida.  IV  2;  Kan.  I  1;  Mont.  VII  2;  N.C.  Ill  1;  N.D.  Ill  82 ; 
S.D.  IV  12;  Tex.  IV  2;  Utah  VII  2;  Wis.  VI  1.) 
Same  as  for  members  of  lower  house.      (La.  79.) 
Biennially.     (Me.  IX  11.) 

At  general  election.      (Colo.  IV  3;  Del.  Ill  21;  N.Y.  V  1,  2.) 
At  general  biennial  election.     (Mich.  VI  1.) 

At   general   election   in    1876    and   every   four   years   thereafter. 

(Mo.  V  2.) 
Tuesday  after  first  Monday  in  November,  at  places  for  voting  for 

members  of  legislature.      (Ohio  III   1.) 
On  Tuesday  after  first  Monday  in  November,    1867,   and  every 

fourth  year  thereafter.      (Md.  V  1.) 
Tuesday  after  first  Monday  in  November,  1872,  and  every  four 

years  thereafter.     (111.  V  3.) 
Tuesday  after  first  Monday  in  November,   1876,  and  biennially 

thereafter.      (Nebr.  V  1.) 

At  same  time  as  governor,  on  first  Tuesday  after  first  Monday 

in  November,  1895,  and  every  four  years  thereafter.      (Ky.  91, 

95.) 
At  town,  ward  and  district  meetings  on  Tuesday  after  first  Mon- 
day in  November,  1912,  and  biennially.      (R.I.  Amend.  XVI.) 
Returns  and   Canvass 

Contested  elections,  See  below,  this  subdivision,  Contested  Elec- 
tions. 
Election   in   case   of   tie  vote,   See   beloic,   this   subdivision,   Tie 

Vote. 
Returns  made  in  manner  prescribed  by  law.      (Ida.  IV  2;  Mont. 

VII  2.) 
Same   as   for  governor.      (Cal.   V   17;    Ga.   V    Sec.   X    1;    Mass. 

Amend.  17;  Miss.  VI  173;  Nev.  V  19.) 
Fact  of  election  ascertained  in  same  manner  as  governor.      (Va. 

VI  107.) 
Returns  transmitted  to  governor,  who  decides  on  election   and 

qualifications.      (Md.  V  2.) 
Majority   vote  necessary  to  choice.      (Ga.  V  Sec.   I   5,  VI   Sec. 

X  1.) 
Majority   of  electoral  votes  and   also  majority   of  popular  vote 

necessary  to  choice.  (Miss.  VI  173,  V  140.) 
Specific  provisions  appear  in  constitution,  but  since  same  as  for 
election  of  governor,  are  not  repeated  here,  See  Governor  — 
Election.  (Ala.  V  115;  Ark.  VI  3;  Colo.  IV  3;  111.  V  4; 
Kan.  I  2;  Minn.  V  2;  Mo.  V  3;  Nebr.  V  4;  N.C.  Ill  3;  Ohio 
III  3.  4;  Tex.  IV  3;  Wash.  Ill  4;  W.Va.  VII  3.) 


Index  Digest  49 


ATTORNEY-GENERAL    ( Con  t'd) 
Election   {Cont'd) 
Failure  to  Elect 

Legislature,  on  organization,  to  meet  in  joint  convention  and 
elect,  by  majority  vote,  person  to  fill  office,  who  shall  serve 
for  full  term  and  until  successor  elected  and  qualified.      (R.I. 

Amend.  XI  3,  7.) 
Failure  to  receive  highest  number  of  votes,  See  below,  this  sub- 
division, Tie  Vote. 
Contested  Elections. 

Procedure  in  case  of  tie  vote,  See  below,  this  subdivision,  Tie 

Vote. 

Determined  as  prescribed  by  law.     (Ida.  IV  2;  Mo.  V  25;  Mont. 

VII  2.) 
Decided  by  governor.      (Md.  V  2.) 

Determined  by  both  houses  of  legislature  in  joint  session.     (Tex. 

IV  3.) 

Determined  by  legislature  in  manner  prescribed  by  law.      (Ala. 

V  115;  Ga.  V  Sec.  I  6,  VI  Sec.  X  1;  Wash.  Ill  4.) 
Determined   by   both    houses    of   legislature   by   joint   ballot   in 

manner  prescribed  by  law.     (Colo.  IV  3;  111.  V  4;  Nebr.  V  4; 

N.C.  Ill  3.) 

Determined  by  members  of  both  houses  in  joint  session  at  first 

session   of  legislature   after  election   in  which  contest  arises. 

(Ark.  VI  4.) 
Contest  concerning  vote  of  county  or  district  to  be  decided  by 
.  majority  of  whole  number  of  members  of  lower  house  by   a* 
viva  voce  vote  recorded  in  journal.      (Miss.  V  140,  VI  173.) 
Tie  Vote 

Governor  to  designate  which  person  to  qualify.      (Md.  V  2.) 
Legislature  at  next  regular  session  to  elect  forthwith  by  joint 
vote  one  of  persons  in  tie.     ( Ariz.  V  1 ;  Ida.  IV  2 ;  Mont.  VII 

2;  Utah  VII  2.) 
Legislature  by  joint  vote  to  elect  one  of  persons  in  tie.      (Cal. 

V  4,  17;  Colo.  IV  3;  111.  V  4;  Kan.  12;  Mo.  V  3;  Nebr.  V  4; 
Nev.  V  4,  19;   N.C.  Ill  3;   Ohio  HI  3;  Wash.   Ill  4;   W.Va. 

VII  3.) 

Legislature  by  joint  vote  to  elect  one  of  persons  in  tie;  majo- 
rity vote  necessary  to   choice.      (R.I.   Amend.   XI   3,   7.) 

Legislature  by  joint  vote  to  elect  one  of  persons  in  tie;  majority 
of  members  elected  necessary  to  choice.      (Ark.  VI  3.) 

Legislature  by  joint  vote  without  delay  to  elect  one  of  persons 
in  tie.      (Ala.  V  115;  Tex.  IV  3.) 

Legislature  on  second  day  of  session  by  joint  vote  to  elect  with- 
out debate  one  of  persons  in  tie.      (Conn.  Amend.  XXX.) 

If  failure  to  elect,  or  if  person  elected  dies,  legislature  on  or 
before  third  Wednesday  in  January  thereafter,  to  choose  by 
joint  ballot,  one  of  persons  in  tie.      (Mass.  Amend.  17.) 

If  no  person  has  majority,  legislature  immediately  to  elect  one 
of  two  persons  having  highest  vote;  election  by  vii)a  voce  vote, 
and  majority  of  members  present  necessary  to  ehbicfe.     (Ga.  V 

Sec*.  I  5,  VI  Sec.  XL) 


50  State  Constitutions 


ATTORNEY-GENERAL   [Cont'd] 
Election  (Cont'd) 

Tie  Vote    (Cont'd) 

If  no  person  receives  majority  of  electoral  votes  and  also  major- 
it  v   of   popular   vote,  lower   house   electa  one   of  two   persons 
having  highest  number  of  popular  votes.    Election  by  viva  voce 
vote  recorded  in  journal.      (Miss.  V  141,  VI  173.) 
Election  to  Fill  Vacancy,  See  below,  this  title,  Vacancy  in  Office. 
Expenses,  See  above,  this  title,  Compensation. 
Fees 

As  to  whether  fees  may  be  received,  See  above,  this  title,  Compensa- 
tion —  Compensation  Other  Than  Salary. 
Fees  and  profits  to  be  covered  into  treasury.      (N.D.  Ill  84.) 
Fees  payable  by  law  to  be  paid  in  advance  into  treasury.     ( Ark.  XIX 
11;  Colo.  IV  19;  111.  V  23;  Mo.  V  24;  Nebr.  V  24;  W.Va.  VII  19.) 
Fees  payable  by  law  to  be  collected  in  advance  and  deposited  with 
treasurer  quarterly  to  credit  of  state.      (Ida.  IV  19;  Mont.  VII  4; 

Utah  VII  20.) 
Fees  payable  by  law  to  be  paid  at  once  into  treasury.     (Ala.  V  137.) 
Fees  collected  to  be  covered  into  treasury.      (Ky.  93.) 
Impeachment 

See  also  Impeachment. 

For  wilful  neglect  of  duty,  corruption  in  office,  incompetency,  intem- 
perance in  use  of  liquors  or  narcotics,  or  offense  involving  moral 
turpitude  in  office.     (Ala.  VII  173.) 
.  For  misdemeanor  in  office.     (Cal.  IV  18.) 

For  "  high  crimes  and  misdemeanors,  for  non-feasance  or  malfeasance 
in  office,  for  incompetency,  for  corruption,  favoritism,  extortion  or 
oppression  in  office,  or  for  gross  misconduct,  or  habitual  drunken- 
ness ".    (La.  217.) 
>     For  corrupt  conduct  in  office  or  for  crimes  and  misdemeanors.    (Minn. 

XIII   1.) 
For   high   crimes   or   misdemeanors,    and   for   misconduct,   habits   of 

drunkenness,  or  oppression  in  office.     (Mo.  VII  1.) 
May  be  impeached.     (Tex.  XV  2.) 

For  malfeasance  in  office,  corruption,  neglect  of  duty  or  other  high 
crime  or  misdemeanor.      (Va.  IV  54.) 
Oath  of  Office 

Form  prescribed,  affirmation  allowed.     (Minn.  V  8.) 
Administered  by  governor.      (Md.  V  2.) 

Administered  by  governor  or  justice  of  highest  court.     (R.I.  IX  5.) 
Office  and  Public  Records 

Office  to  be  kept  at  seat  of  government.     (Ariz.  V  1;  Ark.  VI  1;  Kan. 

Sched.  6;   Mich.  VI  1;  N.D.  Ill  82;  Okla.  VI  1;  S.D.  IV  12.) 
Office  to  be  kept  at  seat  of  government,  but  in  case  of  invasion  or 
violent  epidemics,  governor  may  direct  office  to  be  removed  tem- 
porarily to  other  place.     (Fla.  XVI  10.) 
Public  records  to  be  kept  at  seat  of  government.      (Ariz.  V  1;  Colo. 
IV   1;    Tda.  IV   1;   111.  V   1;    Mo.  V   1;   Mont.  VII   1;   KM.  V   1; 
Okla.  VI  1;  Utah  VII  1;  Wash.  Ill  24.) 
Seal  of  office  to  be  kept  at  seat  of  government.     (N.M.  V  1.) 


Index  Digest  51 


ATTORNEY-GENERAL    (Cont'd) 
Powers  and  Duties 

Succession  to  governorship,  See  Governor. 

As  prescribed  by  law.  (Ala.  V  137;  Ark.  VI  22;  Fla.  IV  22;  Ga.  VI 
Sec.  X  2;  111.  V  1;  Ky.  91,  93;  Md.  V  3;  Mich.  VI  1;  Minn.  V  5; 
Mo.  V  1;  Nev.  V  22;  N.Y.  V  6;  N.C.  Ill  13;  N.D.  Ill  83;  R.I. 
VII  12;  S.C.  IV  24,  V  28;  S.D.  IV  13;  Tex.  IV  22;  Utah  VII  18; 
Va.  VI  107;  Wash.  Ill  21;  W.Va.  VII  1;  Wis.  VI  3.) 
As  prescribed  by  constitution  or  by  law.     (Ariz.  V  1,  9;  Ida.  IV  1; 

Mont.  VII  1;  Okla.  VI  1;  Utah"  VII  1.) 
Conservator  of  peace  throughout  state.      (Del.   XV   1.) 
Information   in  writing  when   required  by  governor   on  question  of 

law  affecting  official  duties  of  governor.     (Va.  V  7-4.) 
Opinion   in   writing   to   governor    and   other   executive   officer   when 

requested.      (Tex.  IV  22.) 
Opinion   in  writing  when   required  by  legislature,   or   either   house, 

governor,  comptroller  or  state's  attorney.      (Md.  V  3.) 
Legal  adviser  of  state  officers.     (Utah  VII  18;  Wash.  Ill  21.) 
Legal  adviser  of  executive  department.     (Ga.  VI -Sec.  X  2;  N.C.  Ill 

14.) 
Legal   adviser  of  governor   and  of  officers   of  executive  department. 

(Fla.  IV  22.) 
Reporter  of  highest  court.     (Fla.  IV  22;  W.Va.  VII  1.) 
Reporter  for  the  state.      (Tenn.  VI  5.) 

Represent  state  in  highest   court  in  capital  felonies.      (Ga.  VI  Sec. 

X  2.) 
Represent  state  in   all  civil  and  criminal  cases  in  any  court  when 

required  by  governor.     (Ga.  VI  Sec.  X  2.) 
Prosecute   and   defend   cases   in   which   state   interested   in   court   of 

appeals  or  in  supreme  court  of  United  States.     (Md.  V  3.) 
Aid   state's   attorney   in   prosecuting   suit   by   state  in   any   court   of 
state,   and  prosecute   or  defend   any  suit  on   part  of  state   which 
legislature  or  governor  shall  direct  to  be  prosecuted  or  defended. 

(Md.  V  3.) 

To  represent  state  in  suits  in  highest  court.      (Tex.  IV  22.) 

Corporations,  inquire  into  charter  rights  and  take  action  in  courts 

to  prevent  from  exercising  power  or  collecting  taxes,  tolls,  freight 

or  wharfage  not  authorized  by  law,  and  seek  forfeiture  of  charter. 

(Tex.  IV  22.) 
Superintend   office  in  person.      (Mich.   VI    1.) 
Qualifications  and  Disqualifications 
Admission  to  Bar 

Must  have  been  practicing  lawyer  for  five  years.     (Miss.  VI  173, 

V  154.) 
Must  have  practiced  law  for  seven  years  before  elect  inn.      (Ga. 

VI  Sec.  XIV  1.) 
Must  have  been   practicing  lawyer  eight   years  before   election. 

(Ky.  92.) 
Must  have  been  practicing  lawyer  in  state  for  ten  years.      (Md. 

V  4.) 


52  State  Constitutions 


ATTORNEY-GENERAL   (Confd) 

Qualifications  and  Disqualifications   (Cont'd) 
Admission  to  Bar    (Cont'd) 

Must  be  admitted  to  bar  of  highest  court,  and  be  in  good  stand- 
ing.    (Colo.  IV  4;  KM.  V  3.) 
Must    be    admitted    to    bar    of   highest    court,   and   be    in   good 
standing  at  time  of  election.     (Ida.  IV  3;  Mont.  VII  3;  Utah 

VII  3.) 
Must  be  learned  in  law  and  have  practiced  law  as  licensed  attor- 
ney in  state  for  five  years  preceding  election.      (La.  97.) 
Must  be  learned  in  the  law.      (S.D.  V  24,  25.) 
Age 

Twenty-five  years.     (Ariz.  V  2;  Colo.  IV  4;  Mo.  V  19;  N.D.  Ill 

82.) 
Twenty-five  years  at  beginning  of  term.     (W.Va.  IV  4.) 
Twenty-five  years  at  time  of  election.      (Ala.  V  132;  S.D.  V  24, 

25;  Utah  VII  3.) 
Twenty-six  years.     (Miss.  VI  173,  V  154.) 
Thirty -years.      (N.M.  V  3;   Okla.  VI  3.) 

Thirty  years  at  time  of  election.     (Ga.  VI  Sec.  XIV  1;  Ky.  91.) 
Thirty  years  (at  time  of  election?).     (Ida.  IV  3;  Mont,  VII  3.). 
Citizenship 

In  United  States.     (Colo.  IV  4;  Ida.  IV  3;  Md.  V  4;  Mo.  V  19; 
Mont.  VII  3;  N.M.  V  3;  N.D.  Ill  82;  Okla.  VI  3;  S.D.  V  24, 

25.) 
In  United  States  for  three  years  preceding  election.      (Ga.  VI 

Sec.  XIV  I.) 
In  United  States  for  seven  years  (preceding  election?)      (Ala.  V 

132.) 
In  United  States  for  ten  years  preceding  election.     (Ariz.  V  2.) 
In  state  for  two  years  preceding  election.     (Ky.  91.) 
In  state  for  five  years.      (Miss.  VI  173,  V  154.) 
In   state   for  five  years   preceding  election.      (Ariz.   V  2;    Utah 

VII  3.) 
In  state  for  five  years  preceding  election   (unless  citizen  at  time 
constitution  goes  into  effect).      (W.Va.  IV  4.) 
Dual  Office  Holding 

Ineligible   to   legislature.      (Ark.   V   7;    111.    IV   3;    Me.   IX   2; 

N.D.   II  37;   S.D.  Ill  3;   Tenn.  II  26.) 
Ineligible  to  legislature,  but  acceptance  of  office  to  operate  as  a 

resignation  of  seat  in  legislature.     (Mass.  Pt.  II  Ch.  VI  2.) 
Ineligible  to  legislature  during  term   for  which  elected.      (Tex. 

Ill   19.) 

Ineligible  to  office  in  either  branch  of  legislature.     (N.D.  II  37.) 

Ineligible  as  governor,  member  of  legislature  or  councillor;   but 

election  or  appointment  to  office  and  acceptance  to  operate  as 

resignation  of  seat  in  chair,  legislature  or  council,  and  vacancy 

to  be  filled.     (N.H.  II  94.) 
Not  to  hold  other  office  during  term  of  service.     (W.Va.  VII  4.) 


Index  Digest  53 


ATTORNEY-GENERAL    (Cont'd) 

Qualifications  and  Disqualifications   {Cont'd) 
Dual  Office  Holding   (Cont'd) 

Ineligible  to  other  office  during  term  of  office,  except  member  of 

state  board  of  education.      (Mont.  VII  4.) 
Ineligible  to  other  office  during  period  for  which  elected.      (111. 

V  5.) 
Ineligible  to  other  state  office  during  period  for  which  elected. 

(Nebr.  V  2.) 

Ineligible  to  other  office  or  commission,  civil  or  military,  in  state 

or  under  other  state  or  United  States  or  any  power.      (Ark. 

VI   22.) 

Ineligible  to  office  of  justice  of  highest  court  or  of  inferior  court, 

county  attorney,  treasurer,  adjutant-general,  judge  of  probate, 

register  of  probate,  register  of  deeds,  sheriff  or  deputy,  clerk 

of  judicial  court.      (Me.  IX  2.) 

Ineligible  to  office  of  secretary  of  state,  insurance  commissioner, 

treasurer,  auditor,  prothonotary  clerk  of  the  peace,  register  of 

wills,  recorder,  sheriff  or  coroner.      (Del.  Ill   11.) 

Election  to  and  accepting  seat  in  Congress  vacates  office.     (Me. 

IX  2;   Mass.  Amend.  8.) 

Electoral 

Must  be  qualified  elector.      (Md.  V  4.) 

Must  be  qualified  elector  at  time  of  election.     (Utah  VII  3.) 
Must  have  been  qualified  elector  of  state  for  three  years  preced- 
ing election.     (Okla.  VI  3.) 
Must  have  qualifications  of  state  electors.     (X.D.  Ill  82.) 
Any  elector  eligible.      (Xev.  V  19.) 
Prior  Service  in  Office  as  Disqualification 

Ineligible  as  own  successor.     (Ala.  V  116.) 

Ineligible   to   re-election    for   four   years    after   term    for   which 

elected.      (Ky.  93.) 
After   serving   twro    consecutive   terms,   ineligible   to   hold   state 
office  for  two  years  thereafter.     (X.M.  V  1   (1914).) 
Residence 

Residence  during  term,  See  beloic,  this  title,  Residence. 
In  state  for  one  year  preceding  election.      (S.D.  V  24,  25.) 
In  state  for  two  years  preceding  election.     (Ida.  IV  3;  Ky.  91.) 
In  state  for  five  years  preceding  election.      (Ala.  V  132;  Utah 

VII  3.) 
In  state  for  five  years  preceding  election  or  appointment.    (Mass. 

Amend.  17.) 
In  state  continuouslv  for  five  vears  preceding  election.      (X.M. 

V  3.) 
Actual  residence  in  state  for  five  vears  preceding  election.      (La. 

97.) 
In  state  for  ten  years.     (Md.  V  4.) 
Sex 

See  also  above,  this  sxibdivision,  Electoral. 

Must  be  male.      (Ariz.  V  2;  Mo.  V  19;  Okla.  VI  3.) 


.vi  State  Constitutions 


ATTORNEY-GENERAL    [Cont'd) 
Removal 

For  incompetency,  wilful  neglect  of  duty  or  misdemeanor  in  office, 

on  conviction.     (Md.  VI.) 
For  cause  by  concurrent  vote  of  both  houses  of  legislature  by  major- 
ity  of    all    members    elected   to    each   house.      Cause    of    removal 
entered  on  journal  of  each  house.     Notice  with  copy  of  charges  to 
be  given   at   least   20   days  before   action  by   either   house.      (Va. 

VI  107,  104.) 
By  joint  resolution  of  legislature,  in  which  three-fourths  of  members 
elected   to  each  house  concur,  for  incompetency,  corruption,  mal- 
feasance or  delinquency  in  office  or  other  sufficient  cause  stated  in 
resolution;    served   with   copy   of   charges,   and   hearing.      (Wash. 

IV  9.) 
By  governor  on  joint   address  of  two-thirds  of  members  elected  to 

each  house  of  legislature  for  good  cause.     ( Ark.  XV  3. ) 
Impeachment,  See  above,  this  title,  Impeachment. 
Residence 

As  qualification  for  office,  See  above,  this  title,  Qualifications  and 

Disqualifications. 
At  seat  of  government.      (Ariz.   V   1;    Colo.   IV   1;    Ida.   IV   1;    111. 
V  1;  Mo.  V  1;  Mont.  VII  1;  N.M.  V  1;  Tex.  IV  22;  Utah  VII  1.) 
At  seat  of  government,  except  during  epidemics.     (Ala.  V  118.) 
Rotation  in  Office,  See  above,  this  title,  Qualifications  and  Disquali- 
fications —  Prior  Service  in  Office  as  Disqualification. 
Term  of  Office 
Length 

Same  as  for  governor.      (Cal.  V  17;   Fla.  IV  20;   Ga.  VI  Sec. 

X  1;  Nev.  V  19;  Va.  VI  107.) 
During  pleasure  of  governor.     (Pa.  IV  8.) 
One  year.     (Mass.  Amend.  17.) 

Two  years.  (Ariz.  V  1;  Ark.  VI  1;  Colo.  IV  1;  Ida.  IV  1; 
Iowa  V  12;  Kan.  I  1;  Mich.  VI  1;  Minn.  V  5;  Nebr.  V  1; 
X.M.  V  1  (1914);  N.Y.  V  1,  2;  N.D.  Ill  82;  Ohio  III  2, 
XVII  2;   R.I.  Amend.  XVI;   S.C.  IV  24,  V  28;   S.D.  IV   12; 

Tex.  IV  22;   Wis.  VI   1.) 
Four  years.      (Ala.  V  116;   Del.  Ill  21;   111.  V  1;   Ky.  91;   La. 
79,  97;  Md.  V  1;  Miss.  V  173;  Mo.  V  2;  Mont.  VII  1;  Okla. 
VI  4;  Utah  VII  1;  Wash.  Ill  3;  W.Va.  VII  1.) 
Five  years.     (N.J.  VII  Sec.  II  4.) 
Eight  years.     (Tenn.  VI  5.) 

To  serve  until  successor  qualified   (regardless  of  length  of  term 
specified).      (Ala.  V  116;   Ark.  VI   1;   111.  V  1;   Iowa  V  12; 
Kan.  I  1;  Ky.  91;  Md.  V  1;   Mass.  Amend.  17;   Minn.  V  5; 
Mo.  V  2;  Mont.  VII  1;  Nebr.  V  1;  N.D.  Ill  82;  Ohio  III  2; 
R.I.   Amend.   XVI;    S.C.   IV  24;    Tex.   IV  22;   Wash.   Ill   3.) 
Re-election  to  Same  Office,  See  above,  this  title.  Qualifications  and 
Disqualification^  —  Pbiob  Service  in  Office  as  Disqualifica- 
tion. 


Index  Digest  55 


ATTORNEY-GENERAL    (Cont'd) 
Term  of  Office   (Cont'd) 
Time   of   Beginning 

■Same  as  for  governor.      (Cal.  V  17;  Fla.  IV  20,  28;  Ga.  VI  Sec. 

X  1;  Nev.  V  19;  Va.  VI  107.) 
From  election  and  qualification.      (Md.  V   1.) 
January  1st  after  election.     (N.M.  V  1;  N.C.  Ill  1.) 
First  Monday  in  January  after  election.     (Ariz.  V  1;  Ida.  IV  1; 

Ky.  91;  Mont.  VII  1;  Utah  VII  1.) 
First  Tuesday  of  January  after  election.  (R.I.  Amend.  XVI.) 
First  Thursday   [after]  first  Tuesday  in  January  after  election. 

(Nebr.  VI.) 
Second  Monday  of  January  after  election.     ( 111.  V  1 ;  Kan.  I  1 ; 

Mo.  V  2;  Ohio  III  2;  Okla.  VI  4.) 
Second  Monday  of  January   after  election  until  otherwise  pro- 
vided by  law.      (Wash.  Ill  4.) 
Second  Tuesday  of  January  after  election.     (Colo.  IV  1.) 
First  Monday  after  second  Tuesday  in  January  after  election. 

(Ala.  V  116.) 
Third  Wednesday  in  January  after  election.     (Mass.  Amend.  17.) 
March  4th  after  election.      (W.Va.  VII   1.) 
Vacancy  in  Office 

Filled  by  governor  with  advice  and  consent  of  senate.  (La.  79.) 
Filled  by  governor  for  unexpired  term.  (Ark.  VI  22;  Md.  V  5.) 
Filled  by  governor  until  successor  elected  and  qualified.     (111.  V  20; 

Mont.  VII  7.) 

Filled  by  governor  until  successor  elected  and  qualified  as  provided 

by  law.     (Colo.  IV  6;  Ida.  IV  6;  Nebr.  V  20;  Utah  VII  10;  W.Va. 

VII  17.) 
Filled  by   governor   until   next   annual   election   and  until   successor 

qualified.      (Minn.  V  4.) 
Filled  by  governor  until  disability  removed  or  a   successor  elected 
and  qualified;  unsoundness  of  mind  ascertained  by  supreme  court 
on  suggestion  of  governor.      (Ala.  V   136.) 
Filled   by   governor   till    disability   removed   or    successor   qualified; 
election  at  first  general  election  more  than  30  days  after  vacancy 
occurs,  to  fill  for  remainder  of  unexpired  term.      (N.C.  Ill  3.) 
Filled  by  legislature  in  joint  convention  if  in  session ;    if  not,  gov- 
ernor   fills    until    successor    elected    by    legislature    and    qualified. 

(R.I.  Amend.  XI  5.) 
In  case  attorney-general-elect  dies,  removes  from  state,  refuses  to 
serve,  becomes  insane,  or  otherwise  incapacitated,  or  if  failure  to 
elect,  legislature,  upon  its  organization,  to  meet  in  joint  conven- 
tion and  elect,  by  majority  vote,  person  to  fill  the  office.  If  elec- 
tion by  legislature  is  because  of  the  failure  of  candidate  to  receive 
plurality  of  votes  election  to  be  made  from  persons  who  receive 
same  and  largest  number  of  votes.  Person  elected  serves  for 
remainder  of  term  or  full  term,  as  case  may  be,  and  until  successor 

qualified.     (R.T.  Amend.  XI  3,  7.) 


56  State  Constitution- 


ATTORNEY-GENERAL   {Cont'd) 

Vacam  v  i\  Office   (Cont'd) 

During  session  of  legislature,  filled  by  joint  vote  of  legislature  from 
people  at  large;  if  vacancy  (luring  recess,  filled  by  governor  with 
advice  and  consent  of  council.      (Mass.   Amend.   17.) 

During  recess  of  legislature,  filled  by  governor  with  advice  and  con- 
sent of  council.     (Me.  IX  11.) 

Caused  by  impeachment,  displacement,  resignation,  death  or  inca- 
pacity for  other  reason  to  perform  duties,  filled  by  governor  until 
disability  removed  and  successor  elected  and  qualified.  Vacancy 
to  be  filled  by  election  at  first  general  election  more  than  30 
days  after  happening,  and  person  elected  to  hold  office  for  unex- 
pired term.     (Kan.  I  14.) 

In  case  of  death,  impeachment,  resignation  or  other  disability,  filled 
by  governor  until  disability  removed  or  successor  elected  and  quali- 
fied. Election  to  be  held  at  first  general  election  more  than  30 
days  after  vacancy  occurs,  and  successor  holds  office  for  full  term. 

(Ohio  III  18.) 

When  he  acts  as  governor,  unless  during  temporary' disability  of 
governor,  vacancy  filled  as  directed  by  constitution.     (Del.  Ill  20.) 

Failure  to  qualify  deemed  to  create  vacancy.      (Mass.  Amend.   17.) 

ATTORNEYS 

Prosecuting  attorneys,  See  Prosecuting  Attorneys. 

Admission  to  bar  as  qualification   for  office,   See  "Attorney-General", 

"Prosecuting  Attorneys",  and  throughout  the  title  "Courts". 
Eight  to  counsel,  See  Courts  —  Counsel,  Right  to. 
Every  person  of  good  moral  character,  being  a  voter,  shall  be  entitled  to 

admission  to  practice  law  in  all  courts.     (Ind.  VII  21.) 
Attorneys-at-law  licensed  to  practice  in  any  court  of  territory,  or  in  any 

of  United  States  courts  for  Indian  Territory,  or  any  court  of  record  of 

the   Five   Civilized   Tribes,   eligible   to   practice   in   any   court   of   state 

without  examination.      (Okla.   Sched.   33.) 
Oath  of  office  prescribed  for  members  of  bar.     (Ky.  228;  S.C.  Ill  28.) 
Highest    court    to    have   power    of   disbarment,   under   rules    adopted   by 

court.     (La.  85.) 
AUDITOR 

Under  this  h ending  are  digested  those  provisions  ndiieli  specifically  refer 
to  this  officer.  For  provisions  relating  to  all  officers  and  hence  this 
one.  Bee  the  title  "Public  Officers".  For  provisions  relating  to 
comptroller  (under  which  title  this  officer  is  hnovm  in  some  states) 
See  "Comptroller  ".     See  also  "State  Examiner". 

Abolishment  of  Office 

Legislature  may  abolish.      (Wash.  Ill  25.) 

Accounts.  See  below,  this  title,  Reports. 

Appointment  by  Legislature,  See  beloir.  this  title.  Election. 

Bond 

Of  not  less  than  double  amount  of  money  that  may  come  into  hands, 
and  not  Less  than  *.">0.0uu;  sureties,  and  approval  "thereof",  and 
increase  of  penalties,  as  may  be  prescribed  by  law.     (Nebr.  V  25.) 


Index  Digest  57 


AUDITOR   (Cont'd) 

Clerical  Assistants 

Appropriations  for  clerical  and  other  expenses  to  specify  each  item 
and  not  to  exceed  in  any  one  year  $8,000.      (La.  82.) 
Compensation 
Salary 

As  to  whether  salary  fixed  may  be  changed  by  law,  See  below, 

this  subdivision.  Increase  or  Decrease. 
Fixed  by  law.      (Ala.  V   118;    Colo.   IV-19;   111.  V  23;   Kan.   I 
15;   Minn.  V  5;   Miss.  V  134;   Mo.  V  24;   N.C.  Ill   15;   Ohio 
III    19;    Okla.    VI    34;    W.Va.   VII    19.) 
Fixed  at  $1,500.      (Utah  VII  20.) 
Fixed  at  $1,S00.     (Ida.  IV  19;  S.D.  XXI  2.) 
Fixed  at  $2,000.      (X.D.  Ill  84;  Wash.  Ill  20;  Wyo.  IV  13.) 
Fixed  at  $2,500.      (Ark.  Sched.  28;   Mich.  VI  21; *  Nebr.  V  24; 

Okla.  Sched.  15.) 
Fixed  at  $3,000.      (Ariz.  V  13;  Mont,  VII  4;  X.M.  V  12.) 
Fixed  at  $5,000.     (La.  81.) 

Acting  as  governor,  same  as  governor.     (Ala.  V  129.) 
Increase  or  Decrease 
In  General 

Allowed.      (Ariz.  V  13;  Ida.  IV  19;  Mont,  VII  4;  N.D.  Ill 

84;  Okla.  Sched.  15;  Utah  VII  20;  Wyo.  IV  13.) 
Allowed   after  ten  years   from  date  of   admission   as   state. 

(KM.  V   12.) 
Allowed,  but  total  not  to  exceed  $3,000.     (Ark.  XIX  11.) 
Increase  allowed,  but  total  not  to  exceed  $3,000.      (Wash. 

Ill  20.) 
Increase  prohibited.     (Mich.  VI  21;  S.D.  XXI  2.) 
During  Term 

Increase  during  term  of  office  prohibited.     (Mont.  VII  4.) 
Prohibited  during  official  term.     (Ark.  XIX  11;  Colo.  IV  19; 

111.  V  23;   Mo.  V  24;   W.Va.  VII   19.) 
Prohibited  during  period  for  which  elected.      (Ala.  V  118; 
Kan.  I  15;  N.C,  III  15;  X.D.  Ill  S4;  Ohio  III  19;   Okla. 

VI  34;  Wyo.  IV  13.) 
Prohibited    to   extent   that    it    affects    salary    during   term. 

(Ida.  IV  19,  V  27.) 
Prohibited  to  extent  that  it  affects  salary  during  term,  un- 
less  vacancy   occurs,   in   which   case   successor   to    receive 
only  salary  provided  by  law   at  time  of  election  or  ap- 
pointment.     (Utah  VII  20.) 
Compensation  Other  Than  Salary 

Emolument  or   allowance  other  than   salary,  prohibited.      (X.C. 

Ill  15.) 
Salary  to  be  in  full  payment  for  all  services  rendered.      (X.M. 

V  12.) 

Salary  to  be  in  full  for  all  services  rendered  in  official  capacity 

or   employment   during   term    of   office.      (Ida.    IV    19:    Mont. 

VII  4;  Utah  VII  20.) 


58  State  Constitutions 


AUDITOR   {Cont'd) 

Compensation    i  Cont'd) 

Compensation  Other  Than  Salary   (Condi) 

Compensation  limited  to  salary.     (Ala.  V  137;  Ark.  XTX  11;  111. 
V  -2:'<:   Ky.  96;    La.  81;   Mo.  V  24;   Nebr.  V  24;    N.M.  V   12; 

Okla.  VI  34;  W.Va.  VII  19.) 
Fees  for  performance  of  duties  not  to  be  received.      (Ida.  IV  19; 

Mont.  VII  4;  X.M.  V  12;  Utah  VII  20.) 
Fees  nr  perquisites  for  performance  of  duties  not  to  be  received. 
Ala.   V  137;    Ark.  XIX   11;   111.  V  23;   La.  81;   Mich.  VI  21; 
Mo.  V  24;  Nebr.  V  24;  Okla.  VI  34;  S.D.  XXI  2;  W.Va.  VII 

19.) 
Costs  not  to  be  received.     (Ala.  V  137;  Ark.  XIX  11;  111.  V  23; 

Mo.  V  24;   Nebr.  V  24;   Okla.  VI  34;   W.Va.  VII  19.) 
Interest  oh  public  moneys  in  hands  or  under  control,  not  to  be 

received  to  own  use.     (Nebr.  V  24.) 
Payment  into  treasury,  See  below,  litis  title,  Fees. 
Expenses 

Legislature  may  provide  for  actual  and  necessary  expenses  while 
traveling  in  state  in  performance  of  official  duty.      (Utah  VII 

20.) 
Appropriations  for  clerical   and   other  expenses  to  specify  each 
item   and  not  to  exceed  in  any  one  year   $S,000.      (La.   82.) 
Payment 

Monthly.     (La.  81.) 

Quarterly.    (Ida.  IV  19;  Mont.  VII  4;  N,M.  V  12;  Utah  VII  20.) 
Dual  Office  Holding,  See  below,  this  title,  Qualifications  and  Dis- 
qualification's. 
Election 

Under  litis  subhead  are  digested  those  provisions  which  specifically 
refer  to  this  officer1;  for  provisions  relating  to  flections  in  general, 
See  the  title  "  Elections";  for  provisions  allowing  the  legislature 
to  establish  officers  and  provide  for  their  election  or  appointment, 

See  the  title  "Public  Officers", 
Secretary  of  State  Auditor  Ex  Officio.    (N.J.  VIII  1;  Ore.  VI  2;  Wis. 

VI  2.) 
Electors 

Qualified  electors  of  state.  (Ala.  V  114;  Ark.  VI  3;  Colo.  IV  3; 
Dd.  Ill  21;  Ida.  IV  2;  Ind.  VI  1;  Iowa  IV  22;  Kan.  I  1 ;  Ky. 
91;  La.  7'.)-.  Minn.  V  1;  Mont.  VII  2;  N.C.  Ill  1;  N.D.  Ill 
82;    Ohio  III   1;    Pa.  IV  21;    S.D.  IV   12;   Utah  VII  2;   Wyo. 

IV   11.) 
Same  as  for  governor.     (Mass.  Amend.  17;  Miss.  V  134,  143;  Vt. 

II  40.) 
Joint  vote  of  both  houses  of  legislature.      (Va.  V  82.) 
Time  and  Places 

As  prescribed  by  law.     (W.Va.  VII  2.) 

Same  as  for  governor.      (Mass.  Amend.   17;   Miss.   V   134,   143; 

Vt.   II  40.) 


Index  Digest  59 


AUDITOR   (Cont'd) 
Election    (Cont'd) 

Time  and  Places   (Cont'd) 

At  same  time  as  governor,  on  first  Tuesday  after  first   Monday 
in   November,    1895,   and   every   four   years   thereafter.      (Ky. 

91,  95.) 
Same  as  for  members  of  lower  house.      (La.  79.) 
Same  as  for  members  of  legislature.      (Ala.  V  114;   Ark.  VI  3; 
Ida.  IV  2;   Kan.  II;   Mont.  VII  2;  N.C.  Ill  1;   N.D.  Ill  82; 
S.D.  IV  12;  Utah  VII  2;   Wyo.  IV  11.) 
At  general  election.     (Colo.  IV  3;  Del.  Ill  21;  Pa.  IV  21.) 
At  general  biennial  election.      (Mich.  VI  1.) 

At   general   election   in    1876    and   every   four   years   thereafter. 

(Mo.  V  2.) 
Biennially   on   first   Tuesday   after   first  Monday   in   November. 

(Vt.  II  35.) 
Tuesday  after  first  Monday  in  November,  at  places  for  voting  for 

members  of  legislature.      (Ohio  III  1.) 
Tuesday  after  first  Monday  of  November,  1872,  and  every  four 

years  thereafter.      (111.  V  3.) 
Tuesday  after  first  Monday  in  November,   1876,   and  biennially 

thereafter.      (Nebr.  V  1.) 
Returns  and  Canvass 

Contested  elections,  See  below,  this  subdivision,  Contested  Elec- 
tions. 
Election   in   case   of   tie   vote,   See   below,    this   subdivision,   Tie 

Vote. 
Returns  made  in  manner  prescribed  by  law.     (Ida.  IV  2;  Mont. 

VII  2;  Vt.  II  40.) 
Same  as  for  governor.     (Mass.  Amend.  17;  Miss.  V  134,  143.) 
Majority  of  electoral  votes  and  also  majority  of  popular  vote, 

necessary  to  choice.  (Miss.  V  134,  140,  143.) 
Specific  provisions  appear  in  constitution,  but  since  same  as  for 
election  of  governor,  are  not  repeated  here.  See  Governor  — 
Election.  (Ala.  V  115;  Ark.  VI  3;  Colo.  IV  3;  111.  V  4; 
Kan.  I  2;  Minn.  V  2;  Mo.  V  3;  Nebr.  V  4;  N.C.  Ill  3;  Ohio 
III  3,  4;  Wash.  Ill  4;  W.Va.  VII  3.) 
Contested  Elections 

Procedure  in  case  of  tie  vote,  See  below,   this  subdivision.  Tie 

Vote. 
Determined  as  prescribed  by  law.     (Ida.  IV  2;  Mo.  V  25;  Mont. 

VII  2.) 
Determined  by  legislature  in  manner  prescribed  by  law.      (Ala. 

V  115;   Wash.  Ill  4.) 
Determined  by  both  houses  of  legislature  by  joint  ballot  in  man- 
ner prescribed  by  law.      (Colo.   IV  3;    111.  V  4;   Nebr.   V  4; 

N.C.  Ill  3.) 
Determined  by  members  of  both  houses  in  joint  session  at  first 
session   of   legislature  after   election   in  which  contest   arises. 

(Ark.  VI  4.) 


00  State  Constitutions 


AUDITOR   ( Cont'd) 
Election    [Cont'd) 

Contested  Elections   {Cont'd) 

Contests  concerning  vote  of  county  or  district  to  be  decided  by 
majority    of  whole   number   of   members  of  lower   house  by   a 
viva  voce  vote  recorded  in  journal.     (Miss.  V  134,  140.) 
Tie  Vote 

Legislature  by  joint  vote  to  elect  one  of  persons  in  tie.      (Colo. 
IV  3;   111.  V  4;  Kan.  I  2;   Mo.  V  3;   Xebr.  V  4;  X.C.  Ill  3; 
Ohio  III  3;   Wash.  Ill  4;  W.Va.  VII  3.) 
Legislature  by  joint  vote  to  elect  one  of  persons  in  tie;  majority 

of  members  elected  necessary  to  choice.      (Ark.  VI  3.) 
Legislature  at  next  regular  session  to  elect  forthwith  by  joint 
vote  one  of  persons  in  tie.     (Ariz.  V  1;  Ida.  IV  2;  Mont.  VII 

2;  Utah  VII  2.) 
Legislature  by  joint  vote,  without  delay  to  elect  one  of  persons 

in  tie.     (Ala.  V  115.) 
If  failure  to  elect  or   if   person   elected   dies,   legislature  on  or 
before  third  Wednesday  in  January  thereafter,  to  choose  by 
joint  ballot,  one  of  persons  in  tie.      (Mass.  Amend.   17.) 
If  no  person  receives  majority  of  electoral  votes  and  also  ma- 
jority of  popular  vote,  lowTer  house  elects  one  of  two  persons 
having   highest   number   of  popular   votes.      Election  by   viva 
voce  vote  recorded  in  journal.      (Miss.  V  134,  141.) 
Election  to  Fill  Vacancy,  See  below,  tliis  title,  Vacancy  in  Office. 
Expenses,  See  above,  this  title,  Compensation. 
Fees 

As  to  whether  fees  may  be  received,  See  above,  this  title.  Compensa- 
tion —  Compensation  Other  Than  Salary. 
Fees  and  profits  to  be  covered  into  treasury.     (X.D.  Ill  84;  Wyo.  IV 

13.) 

Fees  payable  by  law  to  be  paid  in  advance  into  treasury.     (Ark.  XIX 

11;  Colo.  IV  19;  111.  V  23;  Mo.  V  24;  Xebr.  V  24;  W.Va.  VII  19.) 

Fees  payable  by  law  to  be  collected  in  advance  and  deposited  with 

treasurer  quarterly  to  credit  of  state.     (Ida.  IV  19;  Mont.  VII  4; 

Utah  VII  20.) 
Fees  payable  by  law  to  be  paid  at  once  into  treasury.     (Ala.  V  137.) 
Fees  collected  to  be  covered  into  treasury.      (Ky.  93.) 
Impeachment 

See  also  Impeachment. 

For  corrupt  conduct  in  office  or  for  crimes  and  misdemeanors.    (Minn. 

XIII  1.) 
For   high   crimes   or   misdemeanors,    and   for   misconduct,   habits    of 

drunkenness  or  oppression  in   office.      (Mo.  VII   1.) 
For  "  high  crimes  and  misdemeanors,  for  non-feasance  or  malfeasance 
in  office,  for  incompetency,  for  corruption,  favoritism,  extortion  or 
oppression  in  office,  or  for  gross  misconduct,  or  habitual  drunken- 
ness ".    (La.  217.) 
lor  wilful  7iec.r](.,t.  of  duty,  corruption  in  office,  incompetency,  intem- 
perance in  use  of 'liquors  or  narcotics,  or  offense  involving  moral 
turpitude  in  office.      (Ala.  VII'  173.) 


Index    Digest  01 


AUDITOR   (Cont'd) 
Oath  of  Office 

Form  prescribed,  affirmation  allowed.      (Minn.  V  8.) 
Office  and  Public  Records 

Office  to  be  kept  at  seat  of  government.     (Ariz.  V  1;  Ark.  VI  1;  Kan. 
Sched.  6;  Mich.  VI  1;  X.D.  Ill  82;  Okla.  VI  1;  S.D.  IV  12;  Wyo. 

IV  11.) 
Public  records  to  be  kept  at  seat  of  government.      ( Ariz.  V  1 ;  Colo. 

IV  1 ;  Ida.  IV  1 ;  111.  V  1 ;  Ind.  VI  5 ;  Mo.  V  1 ;  Mont.  VII  1 ;  Xebr. 

V  1;  Okla.  VI  1;  Utah  VII  1;  Wash.  Ill  24;  W.Va.  VII  1.) 
Seal  of  office  to  be  kept  at  seat  of  government.     (N.M.  V  1.) 

Powers  and  Duties 

As  prescribed  by  law.      (Ala.  V  137;  Ark.  VI  22;  111.  V  1;  Ind.  VI 
1;  Iowa  IV  22;  Ky.  91,  93;  Mich.  VI  1;  Minn.  V  5;  Mo.  V  1;  Nebr. 

V  1;   X.C.   Ill   13;   X.D.   Ill  83;    S.D.   IV   13;   Utah  VII   17;   Va. 

V  82;  Wash.  Ill  20;  W.Va.  VII  1;  Wyo.  IV  12.) 

As  prescribed  by  constitution  or  by  law.      (Ariz.  V  1,  9;  Ida.  IV  1; 

Mont.   VII    1;    Okla.   VI    1;    Utah   VII    1.) 

Succession  to  governorship,  See  Governor. 

Qualifications  and  Disqualifications 

Age 

Twenty-five  years.      (Ariz.  V  2;  Colo.  IV  4;   Miss.  V  134,  133; 

Mo.  V  19;  Mont.  VII  3;  X.D.  Ill  82;  Wyo.  IV  11.) 

Twenty-five  years  at  time  of  election.      (Ala.  V  132.) 

Twenty-five  years    (at  time  of  election?).      (Ida.   IV  3;    Mont. 

VII  3.) 
Thirty  years.      (X.M.  V  3;   Okla.  VI  3.) 

Thirty  years  at  time  of  election.      (Ky.  91.) 

Citizenship 

In  United  States.      (Colo.  IV  4;   Ida.  IV  3;   Mo.  V   19;   Mont. 

VII  3;  X.M.  V  3;  Okla.  VI  3;  Wyo.  IV  11.) 

In  United  States  for  seven  years  (preceding  election?).     (Ala.  V 

132.) 

In  United  States  for  ten  years  preceding  election.      (Ariz.  V  2.) 

In  state  for  two  years  before  election.     (Ky.  91.) 

In  state  for  five  years  preceding  election.      (Ariz.  V  2;   Miss.  V 

134,  133;  Utah  VII  3.) 
Dual  Office  Holding 

Ineligible  to  legislature.      (Ark.  V  7.) 

Ineligible  to  other  office  during  term  of  service.     (W.Va.  VII  4.) 

Ineligible  to  other  office  during  term  of  office,  except  member  of 

state  board  of  education.      (Mont.  VII  4.) 
Ineligible  to  other  office  during  period  for  which  elected.      (Til. 

V  5.) 
Ineligible  to  other  state  office  during  period  for  which  elected. 

(Nebr.    V   2.) 

Ineligible  to  other  office  or  commission,  civil  or  military,  in  state 

or  under  other  state  or  United  States  or  any  power.     (Ark.  VI 

22.) 
Ineligible  to  office  of  secretary  of  state,  attorney-general,  insur- 
ance commissioner  treasurer,  prothonotary,  clerk  of  the  peace, 
register  of  wills,  recorder,   sheriff  or  coroner.      I  Del.   Ill   11.) 


»;j  State  Constitutions 


AUDITOR    [Cont'd) 

Qualifications  ami  Disqualifications   {Cont'd) 
Electoral 

Qualified  elector  at  time  of  election.     (Utah  VII  3.) 
Must  have  been  qualified  elector  of  state  for  three  years  preced- 
ing  election.      (Okla.   VI    3.) 
Must  have  qualifications  of  state  electors.      (X.D.  Ill  82;   Wyo. 

IV  11.) 
Prior  Service  in  Office  as  Disqualification 

Ineligible  as  own  successor.      (Ala.  V  116;   Colo.  IV  21;   Okla. 

VI  4;  Pa.  IV  21;  Utah  VII  3.) 
Ineligible  to  immediately  succeed  himself  or  treasurer.      (Miss. 

V  134.) 
Ineligible   to    re-election    for    four   years   after   term   for    which 

elected.      (Ky.  93.) 
Ineligible  to  same  office  more  than  four  years  out  of  six.      (Ind. 

VI  1.) 
Ineligible  to  state  office  for  two  years  after  expiration  of  two 

consecutive  terms.     (N\M.  V  1   (1914).) 
Prior  Service  in  Other  Office  as  Disqualification 

Person  serving  immediately  preceding  term  as  treasurer  ineligible 
to    office    of    auditor.       (Miss.    V    134.) 
Residence 

Residence  during  term,  See  below,  tins  title.  Residence. 
In  state  for  two  years  preceding  election.      (Colo.  IV  4;  Ida.  IV 

3;  Ky.  91;  Mont.  VII  3.) 
In  state  for  five  years  preceding  election.      (Ala.  V  132;  Mo.  V 

19;  Utah  VII  3.) 
In  state  for  five  years  preceding  election  or  appointment.     (Mass. 

Amend.    17.) 
Continuously  in  state  for  five  years  preceding  election.      (X.M. 

V  3.) 
Sex 

See  also  above,  this  subdivision,  Electoral. 

Must  be  male.      (Ariz.  V  2;  Mo.  V  19;  Okla.  VI  3.) 

Removal 

By  governor  on   joint   address  of  two-thirds  of  members  elected   to 

each  house  of  legislature  for  good  cause.      (Ark.  XV  3.) 
Impeachment,  See  above,  this  title,  Impeachment. 
Repobi  s 

On  matters  pertaining  to  office  if  required  by  governor  or  legislature. 

(Ala.  V  137.) 
To  compile  and   have  published   report  on  or  before  December  31st 

for  preceding  fiscal  year.      (.Miss.  IV  115.) 
Within  sixty  days  after  adjournment  of  each  session  to  prepare  and 
publish  statement  of  moneys  expended  at  session,  specifying  amount 
of  each  item  and  to  whom  and  for  what  paid.      (111.  IV  17;  Nebr. 

Ill  22.) 
Same;  also  amounts  of  all  appropriations.     (Miss.  IV  113.) 


Index  Digest  63 


AUDITOR   [Cont'd) 
Reports  (Cont'd) 

Every   year   at   time   fixed   by   legislature  make   report   to   governor 
showing    receipts    and    disbursements    of    every    character,    claims 
audited  and  paid  out  by  items,  and  taxes  and  revenues  collected 
and  paid  into  treasury  and  sources  thereof.     (Ala.  V  137.) 
Audit  and  examination  of  accounts,  See  State  Finances. 
Residence 

As  qualification  for  office.  See  above,  this  title,  Qualifications  and 

Disqualification  s. 

At  seat  of  government.     ( Ariz.  V  1 ;  Colo.  IV  1 ;  Ida.  IV  1 ;  111.  V  1 ; 

Ind.  VI  5;  Mo.  V  1;  Mont,  VII  1;  Xebr.  V  1;  Utah  VII  1;  Wash. 

Ill  24;  W.Va.  VII  1.) 
At  seat  of  government,  except  during  epidemics.      (Ala.  V  118.) 
Rotation  in  Office,   See  above,   this   title,   Qualifications   and  Dis- 
qualifications —  Prior  Service  in  Office  as  Disqualification. 
Secretary  of  State  to  be  Auditor  Ex  Officio.    (X.J.  VIII  1;  Ore.  VI  2; 

Wis.  VI  2.) 

Term  of  Office 

Length 

One  year.      (Mass.  Amend.   17.) 

Two  years.  (Ariz.  V  1;  Ark.  VI  1;  Colo.  IV  1;  Del.  Ill  21; 
Ida.  IV  1;  Ind.  VI  1;  Iowa  IV  22;  Kan.  I  1;  Mich.  VI  1; 
Nebr.  V  1;  X.M.  V  1  (1914)  ;  X.D.  Ill  82;  S.D.  IV  12.) 
Four  years.  (Ala.  V  116;  111.  V  1;  Ky.  91;  La.  79;  Minn.  V  5; 
Miss.  V  134.  136;  Mo.  V  2;  Mont.  VII  1;  Ohio  III  2,  XVII  2; 
Okla.  VI  4;  Pa.  IV  21;  Utah  VII  1;  Va,  V  82;  Wash.  Ill  3; 

W.Va.  VII  1;  Wyo.  IV  11.) 

To  serve  until  successor  qualified   (regardless  of  length  of  term 

specified).      (Ala.  V  116;   Ark.  VI  1;  111.  V  1;   Iowa  IV  22; 

Kan.  I   1;   Ky.  91;   Mass.  Amend.   17;   Minn.  V  5;   Mo.  V  2; 

Miss.  V  136;  Mont.  VII  1;  Xebr.  V  1;  X.D.  Ill  82;  Ohio  ILL 

2;  Wash.  Ill  3;  Wyo.  IV  11.) 
Re-election  to  Same  Office,  See  above,  this  title,  Qualifications  and 
Disqualifications  —  Prior  Service  in  Office  as  Disqualifica- 
tion. 
Time  of  Beginning 

January  1st  after  election.      (X.M.  V  1;  X.C.  Ill  1.) 
First  Monday  in  January  after  election.     (Ariz.  V  1;  Ida.  IV  1; 

Ky.  91;  Mont.  VII  1;  Utah  VII  1.) 
First  Thursday  [after]   first  Tuesday  in  January  after  election. 

(Xebr.  VI.) 
Second  Monday  in  January  after  election.    (111.  V  1;  Kan.  I  1; 

Mo.  V  2;  Ohio  III  2;  Okla,  VI  4.) 
Second  Monday  in  January  after  election  until  otherwise  pro- 
vided by  law.      (Wash.  Ill  4.) 
Second  Tuesday  in  January  after  election.     (Colo.  IV  1.) 
First  Monday   after   second   Tuesday  in   January   after  election. 

(Ala.  V  116.) 
Third  Wednesday  in  January  after  election.  (Mass.  Amend.  17.) 
March  4th  after  election.      (W.Va.  VII  1.) 


64  State  Constitutions 


AUDITOR    (ConCii 

Vacancy  en  Office 

Filled  by  governor  with  advice  and  consent  of  senate.     (La.  79.) 
Filled  by  governor  for  unexpired  term.     (Ark.  VI  22.) 
Filled  by  governor  until  successor  elected  and  qualified.     (111.  V  20; 

Mont.  VII  7.) 

Filled  by  governor  until  successor   elected  and  qualified  as  provided 

by   law.      (Colo.   IV   6;    Ida.   IV   6;    Nebr.   V   20;    Utah  VII    10; 

.  W.Va.  VII  17.) 
Filled   by   governor  until  next   annual   election   and   until   successor 

qualified.  (Minn.  V  4.) 
Filled  by  governor  until  disability  removed  or  a  successor  elected 
and  qualified;  unsoundness  of  mind  ascertained  by  supreme  court 
on  suggestion  of  governor.  (Ala.  V  136.) 
Filled  by  governor  till  disability  removed  or  successor  qualified; 
election  at  first  general  election  more  than  30  days  after 
vacancy  occurs,  to   fill  for  remainder   of  unexpired  term.      (N.C. 

Ill  13.) 
During  session  of  legislature,  filled  by  joint  vote  of  legislature  from 
people  at  large;  if  vacancy  during  recess,  filled  by  governor  with 
advice  and  consent  of  council.  (Mass.  Amend.  17.) 
If  during  recess  of  senate,  filled  by  governor;  if  during  session  of 
senate  governor  to  make  nomination  before  final  adjournment; 
vacancy  to  be  filled  by  new  election  on  next  election  day  appro- 
priate to  office,  unless  vacancy  happens  within  two  months  pre- 
ceding such  day  in  which  case  election  held  on  second  succeeding 

election  day.  (Pa.  IV  8.) 
Caused  by  impeachment,  displacement,  resignation,  death  or  incapac- 
ity for  other  reason  to  perform  duties,  filled  by  governor  until 
disability  removed  and  successor  elected  and  qualified.  Vacancy  to 
be  filled  by  election  at  first  general  election  more  than  30  days 
after  happening,   and  person   elected  to  hold   office  for  unexpired 

term.     (Kan.  I  14.) 

In  case  of  death,  impeachment,  resignation  or  other  disability,  filled 

I iy    governor    until    disability    removed    or    successor    elected    and 

qualified.     Election  to  be  held  at  first  general  election  more  than 

30  days  after  vacancy  occurs,   and  successor  holds  office  for   full 

term.     (Ohio  III  18.) 
Failure  to  qualify  deemed  to  create  vacancy.      (Mass.  Amend.   17.) 

AUDITORS,  See  Courts. 

AUDITORS,  STATE  BOARD  OF 

Composed  of  secretary  of  state,  treasurer  and  commissioner  of  state  land 
office;  to  examine  and  adjust  claims  against  state  not  otherwise  pro- 
vided for  by  law.  If  ollice  of  commissioner  of  state  land  office  abol- 
ished, another  state  officer  to  be  designated  by  law  as  member  of  board. 

(Mich.  VI  20.) 


Index  Digest  65 


BAIL 

Right  to 

All  persons  by  sufficient  sureties,  except  for  capital  offenses  where 
proof  is  evident  or  presumption  great.  (Ariz.  II  12;  Cal.  I  6; 
Colo.  II  19;  Del.  I  12;  Fla.  D.R.  9;  Ida.  1  6;  111.  II  7;  Kan.  B.R. 
it:  Ky.  16;  Mo.  II  24;  Mont.  Ill  19;  Nev.  I  7;  N.M.  II  13;  N.D. 
I  6;  Ohio  I  9;  Okla.  II  8;  Pa.  I  14;  S.D.  VI  8;  Utah  I  8;  Wash. 

I  20;  Wyo.  I  14.) 
Same;    adds   "unless   after   conviction   for   crime  or   offense   punish- 
able with  death  or  imprisonment  at  hard  labor".      (La.  12.) 
All  prisoners  by  sufficient  sureties,  unless  for  capital  offenses,  when 
proof  is  evident,  but  this  not  to  be  construed  to  prevent  bail  upon 
examination  of  evidence  after  indictment,  in  manner  prescribed  by 

law.   (Tex.  111.) 
All  prisoners  by  sufficient  sureties,  unless  for  capital  offenses,  when 

the  proof  is  evident  or  presumption  great.  (Tenn.  I  15.) 
All  persons  imprisoned  ought  to  be  bailed  by  sufficient  sureties,  except 
offenses  punishable  by  death  or  imprisonment  for  life,  where  proof 
is  evident  or  presumption  great.  (R.I.  I  9.) 
No  person  before  conviction  to  be  bailable  for  any  crimes  "  domi- 
nated "  capital  offenses  since  adoption  constitution,  where  proof  is 
evident  or  presumption  great,  whatever  punishment  of  crimes  may 

be.     (Me.  I  10.) 
All  persons  by  sufficient  sureties,  except  in  cases  of  murder  or  treason 
when  proof  is  evident  or  presumption  great.    (Ind.  I   17;   Nebr.  I 

9;  Ore.  I  14.) 

All  persons  by  sufficient  sureties  before  conviction,  except  for  capital 

offenses  where  proof  is  evident  or  presumption  great.     (Ark.  II  8; 

Conn.  I  14;  Iowa  I  12;  Minn.  I  7;  Miss.  Ill  29;  N.J.  I  10;  S.C.  I 

20;  Wis.  I  8.) 

All  persons  before  conviction,  by  sufficient  sureties,  except  for  murder 

and  treason  when  proof  is  evident  or  presumption  great.      (Mich. 

II   14.) 

All  prisoners  by  sufficient  sureties  unless  in  execution,  or  committed 

for  capital  offenses,  when   proof   is  evident  or   presumption  great. 

(Vt.  II  32.) 
Applications  for 

Legislature  to  provide  by  whom  and  how  applications  for  bail  to  be 

heard  and  determined.     (Va.  VI  109.) 
Amount 

Excessive  bail  prohibited.  (Ala.  1  16;  Ariz.  II  15;  Ark.  II  9;  Cal. 
I  6;  Colo.  II  20;  Conn.  I  13;  Del.  I  11;  Fla.  D.R.  S;  Ga.  I  Sec.  19; 
Ida.  I  6;  Ind.  I  16;  Iowa  I  17;  Kan.  B.R.  9;  Ky.  17;  La.  12;  Me. 
I  9;  Md.  D.R.  25;  Mass.  Pt.  I  26;  Mich.  II  15;  Minn.  I  5;  Miss. 
Ill  29;  Mo.  II  25;  Mont.  Ill  20;  Nebr.  I  9;  Nev.  I  6;  N.H.  I  33; 
N..T.  I  15;  N.M.  II  13;  N.Y.  I  5;  N.C.  I  14;  N.D.  I  6;  Ohio  I  9; 
Okla.  II  9;  Ore.  I  16;  Pa.  T  13;  R.I.  I  8;  S.C.  I  19.;  S.D.  VI  23: 
Tenn.  I  16;  Tex.  I  13;  Utah  I  9;  Vt.  II  32:  Wash.  I  14;  W.Va.  Ill 

5;  Wis.  I  6;  Wyo.  I  14.) 
Excessive  bail  ought  not  to  be  required.     (Va.  I  9.) 

3 


66  State  Constitutions 


BAIL   {Cont'd) 
FOBFETTUBE 

Legislature  to  have  no  power  to  relieve  principals  or  securities  upon 
forfeited  recognizance  from  payment,  either  before  or  after  judg- 
ment,  unless   principal   is  apprehended   and   in   custody   of   proper 

officer.       (Ga.  Ill  Sec.  VII  19.) 
BANKS 

For  provisions  relating  to  all  corporations,  See  Corporations. 
Application  of  Constitution 

To   all   banks,   except   national   banks,   and   all   trust   companies   and 
individuals,  whether  or  not  incorporated.      (Ala.  XIII  255.) 
Bank  Commissioners 

Banking  commissioner  to  control  banking  department;   appointed  by 

governor  for  four  years  with  consent  of  senate.      (Okla.  XIV  1.) 
Bank  commissioners  to  receive  compensation  to  be  provided  by  law. 

(Okla.  Sched.  71.) 
Banking  Department 

Legislature  to  create  banking  department  with  sufficient  power  and 
authority  to  regulate  and  control  all  state  banks,  loan,  trust  and 
guaranty  companies  under  laws  protecting  depositors   and  stock- 
holders.    (Okla.  XIV  1.) 
Bills,  Xotes  and  Paper  Credit 
Denomination 

Xo  circulating  note  less  than  $1  to  be  issued.      (Kan.  XIII  7.) 
Place  of  Issue  and  Redemption 

All  banks  required  to  keep  at  convenient  place  in  state,  to  be 
named  on  circulating  notes,  offices  and  officers  for  issue  and  re- 
demption.     (Kan.  XIII  6.) 
Preference  of  Holders,  See  below,   this  title,   Insolvency. 
Prohibition   of  Paper  Money 

General   prohibition   against   issue  or  circulation  of  bills,  notes 
or  other   paper   as  money.    (Ark.  XII    10;    Mich.   XII   9;    Xev. 

VIII  6.) 
General  prohibition  excepts  federal  currency   and  national  bank 

notes.      (Xev.  VIII  6.) 
Xo  bank,  company  or  institution  may  be  created  with  power  to 
put    its    own    or    other    bank's,    company's    or    person's    paper 
money  into  circulation  as  money.      (Ore.  XI   1.) 
Xo  corporation,   association   or   individual  shall  issue  or  put  in 
circulation    as   money   anything  but   lawful  money   of   United 
States.      (Cal.  XII  5;  Wash.  XII  11.) 
Redemption 

Circulating    notes    to    be    redeemable    in    United    States    money. 

(Kan.  XIII  4.) 
Specie  payments,  See  Id  loir,  this  title.  Specie  Payments. 

Security    for.   Sec   lieloic,    this-  si/ l,d i  rision,   SECURITY   FOR. 

Registry 

\ii\  general  banking  law  must  provide  for  registry  and  counter- 
sighing  of  notes  or  hills  designed  for  circulation  as  money  by 
an  officer  of  state.      (N.D.  VII  145;  Pa.  XVI  9.) 


Index  Digest  67 


BANKS    (Cont'd) 

Bills,  Notes  and  Paper  Credit   (Cont'd) 
Registry    (Cont'd) 

Any  general  hanking  law    must  provide  for  registry  and  counter- 
signing of  paper  credit  designed  for  circulation  as  money  by  an 
officer  of  state.     (Ind.  XI  3;  Iowa  VIII  8;  S.D.  XIII  1.) 
Legislature  to  require  registry  of  all  bills  or  notes  in  circulation 

as  money.      (111.  XI  8:   Minn.  IX  13j  N.Y.  VIII  6.) 
No  more  circulating  bills  than  cash  value  of  bonds  deposited  as 
security  to  be  registered  and  countersigned.     (Kan.  XIII  2.) 
Security  for 

"Ample''  for  redemption  in  specie  to  be  required.   (N.Y.  VIII  6.) 
'"Ample''  in  United  States  stock  or  state  stocks  for  redemption  in 

specie  to  be  required.     (Minn.  IX  13.) 
"Ample  ",  readily  convertible  into  specie,  for  redemption  in  gold 
and  silver,  to  be  required,  and  under  control  of  state  officers. 

(Ind.  XI  3.) 
"Ample"'  to  full  amount  to  be  deposited  with  auditor-general  for 

redemption  of  hills  and  notes.      (Pa.  XVI  9.) 
"Ample  "  to  full  amount  to  be  deposited  with  state  treasurer  for 

redemption  of  bills  and  notes.      (N.D.  VII   145.) 
Depreciation  10  per  cent,  below  par  to  be  made  up  by  additional 

stocks.      (111.  XI  8;  S.D.  XVIII  1.) 
Depreciation  10  per  cent,  or  more  on  dollar  to  made  up  by  addi- 
tional stocks.      (Iowa  VIII  8;  Minn.  IX  13.) 
Depreciation  to  be  made  up  by   additional   security  or   auditor 

shall  curtail  bank's  circulation.      (Kan.  XIII  3.) 
Interest-paying  bonds  of  states  or  United  States  at  cash  rates  of 
New  York  stock  exchange  equal  to  authorized  amount  of  cir- 
culating notes  to  be  deposited  with  auditor  of  state  and  cash 
deposit  in  bank's  vaults  of  10  per  cent,  of  such  amount.     (Kan. 

XIII  2.) 

United  States  or  Alabama  bonds,  convertible  at  face  value,  equal 

to  aggregate  of  proposed  issue,  with  power  in  state  to  dispose 

to  redeem  circulating  notes  of  depositing  bank.      (Ala.   XIII 

248.) 
To   full   amount   in   "  approved   securities "   of   South   Dakota   or 
United  States,  rated  at   10  per  cent,  below  par  value.      (S.D. 

XVIII  1.) 
To  full  amount  in  United  States  or  Illinois  stocks,  rated  at  10 

per  cent,  below  par  value.      (111.  XI  8.) 
To  full  amount  in  United  States  stocks  or  interest-paying  Iowa 
stocks  to  be  rated  at  10  per  cent,  below  average  value  in  New 
York   city  for   30  days  next  preceding  their  deposit.      (Iowa 

VIII  S.) 
Specie  payments,  See  below,  this  title;  Specie  Payments. 
Branches 

Branches  are  mutually   responsible  for  each  other's  liabilities,   upon 

all  paper  money.      (Ind.  XI  5:  Iowa  VIII  7.) 
Legislature   may    charter   a   bank   with   branches,   without    collateral 

security.      (Ind.  XI  4.) 


68  State  Constitutions 


BANKS    {Cont'd) 

Branches   i  Cont'd) 

Legislature    not    prohibited    from    investing   trust   funds   in   a   bank 
with  branches,  on   "unquestionable  security".      (Ind.  XI   11.) 
Charters 

Conditions 

All  authorized  capital  stock  must  be  subscribed  and  paid  for  in 

full  in  cash  prior  to  charter.     (Tex.  XVI  16.) 
Legislature  not  to  establish  or  incorporate  banks  to  issue  bills 
of  credit  or  bills  payable  except  under  conditions  prescribed 
in  constitution.      (Ala.  XIII  247.) 
Legislature  not  to  grant  nor  renew  any  charter  except  upon  con- 
dition   that    stockholders    shall    be   liable   to    amount    of   their 
shares  for  all  debts  and  liabilities  of  bank.      (Md.  Ill  39.) 
Shall  name  the  one  place  of  business  to  be  authorized.      (Tex. 

XVI   16.) 
Duration 

Corporate  capacity  to  sue  and  be  sued  preserved  after  charter 
expires,  to  close  affairs  and  liabilities.      (Ala.  XIII  251;  S.D. 

XVIII  2.) 
No    charter    to    be    granted    for    longer    period    than    20    year^. 

(Pa.  XVI  11.) 
To   cease   all   banking   operations,   20   years   from   organization, 

and  promptly  close  business.      (Ind.  XI  10.) 
To   cease   all   banking   operations,   20   years   from   organization, 
and  promptly  close  business,  but  general  law  may  provide  for 

reorganization.      (S.D.  XVIII  2.) 

To   cease   all   banking   operations,   20   years   from   organization, 

and   promptly    close   business,    unless   time   extended   by    law. 

(Ala.  XIII   251.) 
General    Laws,    See    below,     this    title,    General    Banking    Law, 

Authorization  of. 
How  Issued 

Corporate  powers  and  privileges  issued  and  granted  by  secretary 
of  state,  as  prescribed  by  law,  or  by  other  person  named  by 
law  if  he  is  disqualified.      (Ga.  Ill  Sec.  VII  18.) 
Notice  of  Application 

Three  months'  notice  at  place  of  intended  location  of  intention 
to  apply   for   charter,   in   such  manner   as   prescribed  by  law, 

required.      (Pa.  XVI  11.) 
Prohibition  of  Issue  or  Extension 

See  also  below,  this  title,  State  Bank. 

Legislature    not    "  to    pass    any    act    granting    any    charter    for 

banking  purposes  ".      (  Cal.  XII  5.) 
No  bank   may  be  established   nor  may  the  privilege  of   putting 

paper  into  circulation  as  money  be  granted.      (Ore.   XI    1.) 
No  corporate  body  with  banking  or  discounting  privileges  to  be 
created,  renewed  or  extended.     (Tex.  XVI  16.) 
Special  Laws,  See  below,  this  title.   Special  Laws. 
Control,  Bee  below,  this  title,  Regxjlatio.n  and  Supervision. 


Index  Digest  69 


BANKS    ( Cont'd ) 
Definition 

For  taxing  purposes  includes  banking  associations,  savings  and 
loan    societies    and    trust    companies    but    not    building    and    loan 

associations.      (Cal.  XIII   14.) 
Dissolution,  See  above,  this  title,  Charters  —  Duration. 
Examiner  of  State  Banks 

Appointed  by  governor  with  consent  of  senate ;  shall  be  expert 
accountant  and  make  examinations  twice  yearly;  term  of  office, 
four  years;   duties  and  compensation  to  be  defined  by  law.      (La. 

194.) 
Foreign  Banks 

Forbidden  to  do  banking  or  discounting  business  in  state;  national 

banks  excepted.      (Tex.  XVI   16.) 
General  Banking  Law,  Authorization  of 
See  also  below,  this  title,  Laws. 
Authorized  to  be  passed.      (Cal.  XII   5;   N.Y.   VIII   4;    S.C.   IX   9; 

Tex.  XVI  16;  W.Va.  XI  6;  Wis.  XI  4.) 
Authorized   to   be   passed,   with    certain   named    restrictions   and   re- 
quirements.     (Ind.  XI   3;   Minn.   IX   13;    S.D.   XVIII   1.) 
Banking  department  to  be  created  by  general  law.      (Okla.  XIV  1.) 
Xo  bank   to  be   established   except   under  general   law.      (Ala.   XIII 

24S;    Kan.   XIII    1.) 
No   bank   to    be   established   except   under   general    law:    bank   with 

branches  excepted.      (Ind.  XI  2.) 
Providing  for  reorganization  of  banks  losing  their  powers  by  lapse 

of  20  years.     (S.D.  XVIII  2.) 
Requires  two-thirds  vote  of   all  members  elected  to   each  house,   to 

be  taken  by  yeas  and  nays.      ( Wis.  XI  4. ) 
Require  two-thirds  vote  of  each  house  for  adoption,  amendment  or 
repeal,  either  for  law  to  incorporate  or   regulate  banks.      (Mich. 

XII  9.) 
Requires   two-thirds   vote   of   legislature    for    adoption ;    various   re- 
strictions  and  requirements  named.      (Minn.  IX   13.) 
Holdings  in  Other  Banks,  See  below,  this  title,  Stock. 
Inspection,  See  below,  this  title,  Regulation  and  Supervision. 
Insolvency 

Bill    holders    shall    have    preference    over    other    creditors.       (Iowa 

VIII   10.) 

Bill  or  note  holders  entitled  to  preference  in  payment  over  all  other 

creditors.      (Ind.  XI  8;  Kan.  XIII  4;  Minn.  IX  13;  X.Y.  VIII  8.) 

Holders  of  bank  notes,  and  depositors,  who  have  not  stipulated  for 

interest,  entitled  to  preference  of  payment  over  all  other  creditors, 

whether  bank  incorporated  or  not.     (Ala.  XIII  250.) 

Officer  consenting  to  receipt  of  deposits   after  knowledge  that  bank 

"  is  insolvent  or  in  failing  circumstances  "  individually  liable  for 

same,      (Ariz.  XIV  12;  Wash.  XII  12.) 

Officer   consenting  to  receipt  of  deposits  or  creation  of  debts  after 

knowledge  that  bank   "  is   insolvent  or   in   failing  circumstances  " 

guilty   of   a   crime   and   individually   liable   for  deposits  or   debts. 

(La.  269;   Mo.  XII  27.) 


70  State  Constitutions 


BANKS    {Cont'd) 

Insolvency  (Cont'd) 

Officer  of  bank  or  individual  banker  consenting  to  receipt  of  deposit 
after    knowledge    tbat   bank    is    insolvent    individually    responsible 
and  guilty  of  a  felony.      (Ky.  204.) 
Interest  Rates 

Not   to  receive,  directly  or  indirectly,  greater  rate  than  allowed  to 
individuals  loaning  money.    .  (Ala.  XIII   252;    Ind.  XI   9.) 
Laws 

General  banking  law,  See  above,  this  title,  General  Banking  Law, 

Authorization  of. 
Special  laws,  See  below,  this  title,  Special  Laws. 
Any  banking  law  may  be  amended  or  repealed.      (Kan.  XIII  9.) 
Require  majority  of  all  votes  cast  at  some  general  election,  before 

taking  effect.      (Kan.  XIII  8;   Wis.  XI  5.) 
Require  majority  of  all  votes  cast  at  general  election  next  succeed- 
ing their  passage,  before  taking  effect.      (111.  XI  5;  Ohio  XIII  7.) 
Require  majority  of  all  votes  cast  at  general  election  next  succeed- 
ing their  passage,  before  taking  effect;   banks  of  deposit  or  dis- 
count excepted.      (Mo.  XII  26.) 
Require  majority  of  all  votes  for  and  against  at  general  or  special 
election  not  less  than  three  months  after  passage  by  legislature, 

before  taking  effect.      (Iowa  VIII  5.) 
Notes,  See  above,  this  title,  Bills,  Notes  and  Paper  Credit. 
Offices,  See  below,  this  title,  Place  of  Business. 
Officers 

Guilty    of    a    crime    and    personally    liable    for    deposits    knowingly 
received  after  bank  known  to  be  "  insolvent  or  in  failing  circum- 
stances ".      (La.  269;   Mo.  XII  27.) 
Guilty    of    a    felony    and    personally    liable    for    deposits   knowingly 

received  after  knowing  bank  is  insolvent.     (Ky.  204.) 
Personally  liable  for  deposits  knowingly  received  after  bank  known 
to   be  '"insolvent  or   in  failing  circumstances".      (Ariz.   XIV   12; 

Wash.  XII  12.) 

Required  to  keep  officers  for  issue  and  redemption  of  circulation  at 

convenient    place    in    state,    to    be    named    on    circulation    notes. 

(Kan.  XIII  6.) 
Paper  Credit,  See  above,  this  title,  Bills,  Notes  and  Paper  Credit. 
Place  of  Business 

All  banks  required  to  keep  offices  and  officers  for  issue  and  redemp- 
tion   of    circulation,    at    convenient    place    within    state.       (Kan. 

XIII   6.) 
No   banking    corporation    to    do   business    in    more   than    one   place. 

(Tex.  XVI  16.) 
Branches,  See  above,  this  title.  Branches. 
Preferences,  See  above,  this  title,  Insolvency. 
Prohibition  of  Banks,  See  above,  this  title,  Charters. 
Regulation  and  Supervision 

Books,  papers  and  accounts  to  be  open  to  inspection,  as  prescribed 

by  law.      (Md.  Ill  39.) 


Index  Digest  71 


BANKS   {Cont'd) 

Regulation  and  Supervision   (Cont'd) 

Legislature  may  create  a  subordinate  division,  or  bureau,  of  banking 
in  corporation  commission  and  under  its  control.  (Va.  XII  155.) 
Legislature  to  create  a  banking  department,  for  which  bank  com- 
missioner is  created,  to  regulate  and  control  banks,  to  protect 
stockholders  and  depositors.  (Okla.  XIV  1.) 
Legislature  to  provide  "  by  some  public  officer  "  for  examination  of 
all     banks,    banking     institutions     and    trust    companies.      (Ala. 

XIII  254.) 
Legislature  to  provide  for  state  supervision,  regulation  and  control 

of  banks,  to  protect  depositors  and  creditors.      (Tex.  XVI   16.) 
Legislature  to  provide  for   thorough  examination   and  inspection  of 

all  banking  and  fiscal  corporations.      (S.C.  IX  9.) 
Legislature  to   provide  system  of   state  supervision,   regulation   and 

control.      (Tex.  XVI   16.) 
Records,  books  and  files  of  state  banks  liable  to  "  full  visitorial  and 

inquisitorial  powers  of  the  state".      (Ariz.  XIV  16.) 
Legislature    to    provide    for    classification    of    cities    and    towns    by 
population    for    purpose    of    regulating    banking    business.       (Cal. 

XII   5.) 

Reports 

At  least  twice  a  year,  through  president  or  other  officer  legislature 

may  designate,  to  be  required.      (Ala.  XIII  254.) 
Quarterly,  under  oath,  by  an  officer,  to  be  required.     (111.  XI  7.) 
Quarterly,    under    oath,    of    assets    and    liabilities,    to    be    required. 

(Nebr.  Xlb  7.) 
Savings  Banks 

Capital  stock  forbidden.      (N.Y.  VIII  4.) 

Legislature  to  pass  general  act  to  conform  all  past  and  future  char- 
ters to  uniformity  of  powers,  rights  and  liabilities.     (N.Y.  VIII  4.) 
Trustees  to  have  no  interest  in  profits  and  directors  or  trustees  not 
to   be   interested   in   loans   or   use   of   money   or   property.      (N.Y. 

VIII  4.) 
Special  Laws 

See  also  above,  this  title,  Laws. 

Banks  excepted  from   provision   against   special   laws.      (Del.   IX   1; 

Ind.  Ill  48.) 

Legislature    may    charter    bank    with    branches,    without    collateral 

security;  no  bank  to  be  established  otherwise  except  under  general 

law.      (Ind.  XI  2,  4.) 
Legislature  not  to  charter  powers  by  local  or  special  laws.      (Mont. 

V  26;  N.M.  IV  24;  Wyo.  Ill  27.) 
Legislature    not    to    grant    special    charter    for    banking    purposes. 

(N.Y.  VIII  4;   S.C.  IX  9.) 
Legislature  not  to  incorporate  or  amend  or  extend  charter  of  bank- 
ing institutions  not  under  state  control.      (S.C.  Ill  34.) 
Legislature  not  "  to  pass  any  act  granting  any  charter  for  banking 

purposes".      (Cal.  XII  5.) 
No  bank  to  be  established  otherwise  than  under  a  general  banking 

law.      (Ala.  XIII  248;  Kan.  XIII  1.) 


72  State  Constitutions 


BANKS   [Cont'd) 

Specie  Payments 

Law   sanctioning,    directly   or   indirectly,    suspension   of    specie   pay- 
ments forbidden.     (Ala.  XIII  249;  Ind.  XI  7;  Minn.  IX  13;  N.Y. 

VIII  5.) 
No  bank   shall   be  established   except   on   specie  basis  or  with  bills 

secured,  as  prescribed.      (Ala.  XIII  248.) 
Suspension   on  circulation  not  to  be  permitted  or  sanctioned.      (111. 

XI  7;  Iowa  VIII  11.) 
Bills   or  notes   issued  as  money  to  be  redeemable,   at  all  times,   in 

gold  or  silver.      (Ala.  XIII  249;  Ind.  XI  7.) 
Security  for,  See  above,  this  title,  Bills,  Notes  and  Paper  Credit. 
State  Aid 

See  State  Debt  —  Purpose. 

Ownership  of  stock,  See  belmc,  this  title,  Stock. 
State  Bank 

Legislature  may  charter   a  bank,  with  branches,  without  collateral 

security.      (Ind.  XI  4.) 

Legislature  may  charter   a   state  bank  with  branches,  provided   act 

has  been  approved   at  general  or  special  election,  as  provided  by 

constitution.  (Iowa  VIII  5,  6.) 
If  established,  to  be  founded  on  actual  specie  basis.  (Iowa  VIII  7.) 
No   state  bank   hereafter  to  be  created.      (111.   XI   5;   Mo.   XII   25; 

Ore.  XI  1.) 
Branches,  See  above,  this  title,  Branches. 
Ownership  of  bank  by  state,  Sec  below,  this  title,  Stock. 
State  Interest  in 

Board  of  public  works  authorized  to  sell  state's  interest  in  any 
banking  corporation,  taking  in  payment  bonds  and  registered  debt 
owing  by  state  equal  in  amount  to  price  obtained  for  state  interest 

(Md.  XII  3.) 
Ownership  of  stock,  See  below,  this  title,  Stock. 
State  Moneys 

"  Trust  funds  "  may  be  invested  in  bank  with  branches  on  "  unques- 
tionable security".     (Ind.  XI  11.) 
Stock 

Authorized    capital    stock    must   be    fully    paid    for    in    cash   before 

charter  is  granted.      (Tex.  XVI  16.) 
Prohibited  to  own,  hold  or  control  stock  in  trust  company  or  other 
bank,    except    if    taken    for    debt;    must    dispose    of    same   within 

12  months.    (Okla.  IX  41.) 

Recording    of    names    of    stockholders,    amount    held,    transfers    and 

names  of  transferees  to  be  provided  for  in  any  general  banking  law 

passed.     (111.  XI  8.) 
State  not  to  be  a   stockholder   in   any   bank.      (Kan.   XIII   5;    Mo. 

XII  25.) 
State  not  to  be  stockholder  in  any  bank  after  expiration  of  present 

charter.     (Ind.  XI  12.) 
State  not  to  own  or  be  liable  for  any  stock  of  a  bank  now  created 
or  hereafter  to  be  created.     (111.  XI  5;  Mo.  XII  25.) 


Index  Digest  73 


BANKS   [Cont'd) 
Stock  (Cont'd) 

Neither  state  or  any  political  subdivision  thereof  to  be  stockholder 

in  any  bank.     (Ala.  XIII  253.) 
State  not  to  become  owner  in  whole  or  in  part  of  any  bank.     (Tenn. 

II  31.) 
No  political  or  municipal  corporation  to  become  stockholder  in  any 
banking  corporation,  directly  or  indirectly.      (Iowa  VHI  4.) 
Stockholders 

State  or  municipality  as,  See  above,  this  title,  Stock. 
Liability 

Continuation  after  Transfer  of  Shares 

Continues  for  one  year   (12  months)   after  transfer.     (Minn. 
IX  13;   S.D.  XVIII  3;   Tex.  XVI  16.) 
For  What  Liable 

No  charter  may  be  granted  or  renewed  except  upon  con- 
dition that  stockholders  shall  be  liable  to  amount  of  their 
shares    for    all    debts    and    liabilities    upon    note,    bill    or 

otherwise.     (Md.  Ill  39.) 
To  amount,   additional   to  amount  of  stock  subscribed  and 
fully  paid,  equal  to  value  of  shares  for  all  debts  and  lia- 
bilities of  every  kind.      (Utah  XII  18.) 
To  amount,  additional  to  par  value  of  shares,  equal  to  value 

of  shares,  for  all  debts.     (Tex.  XVI  16.) 
To  amount,  additional  to  par  value  of  shares,  equal  to  value 
of  shares,  for  all  contracts,  debts  and  engagements.     (S.D. 

XVIII  3.) 
To  amount  equal  to  double  amount  of  stock  owned  for  all 

debts.      (Minn.  IX  13.) 
To  amount  equal  to  their  stock  for  all  debts  and  liabilities 

of  every  kind.     (N.Y.  VIII  7.) 
To  amount  of  their  stock  at  par,  in  addition  to  par  value  of 

their  shares.     (Ore.  XI  3.) 
To    amount    of   stock    over   and   above   face   value   of   their 

stock.      (S.C.  IX  18.) 
To  amount  over  and   above  their  stock,   equal  to  their  re- 
spective shares,  for  all  debts  or  liabilities.      (Ind.  XI  6.) 
To   amount  over  their  amount  of  stock,  equal  to  their  re- 
spective shares,   for   liabilities   accruing  while   they  were 
stockholders.       (111.    XI    6;    Iowa  VIII    9;    Nebr.    Xlb    7; 

W.Va.  XI  6.)- 
To  extent  of   par   value  of   shares,   in   addition   to   amount 
invested  therein,  for  all  contracts,  debts  and  engagements. 
(Ariz.  XIV  11;  Ohio  XIII  3;  Wash.  XII  11.) 
How  and  to  Whom  Liable 

Individually  and   personally,   equally   and   ratably,   and   not 

one  for  another.      (Ariz.  XIV  11;  Wash.  XII  11.) 
Individually,  equally  and  ratably,  for  benefit  of  depositors. 

(Ore.  XI  3.) 


74  State  Constitutions 


BANKS   [Cont'd) 

Stockholders    (Cont'd) 
Liability    (Cont'd) 

Hon:  and  to  Whom  Liable   (Cont'd) 

Individually,  in  corporations  and  associations  issuing  bank 

notes.     (Minn.  IX  13.) 
Individually  responsible  and  liable  to  bank  creditors.     (Iowa 

VIII  9;  111.  XI  6:  Xebr.  Xlb  7;  W.Va.  XI  6.) 
Individually   responsible.      (Ind.   XI   6;    N.Y.  VIII   7;    S.D. 

XVIII  3;   Tex.  XVI  16;  Utah  XII   18.) 
Individually  responsible,  equally  and  ratably,  and  not  one 
for  another,  in  corporations  authorized  to  receive  money 

on  deposit.      (Ohio  XIII  3.) 
Liable  to  depositors.      (S.C.  IX  18.) 
Recording 

Any  general  law  must  provide  for  recording  of  names  of  stock- 
holders, amount  of  stock  held,  time  of  transfer  and  to  whom 
transferred.     (Iowa  VIII  8;  Minn.  IX  13.) 
Suits 

Corporate  capacity  to  sue  and  liability  to  suit  continued  after  charter 
expires  until  affairs  and  liabilities  full^  closed.      (Ala.  XIII  251  j 

S.D.  XVIII  2.) 
Taxation,  See  Taxation  —  Objects  and  Kinds  of  Taxation. 
Trust  Companies,  See  Trust  Companies. 

BARRATRY,    See  Crimes. 

BIGAMY,  See  Polygamy. 

BILL  OF  RIGHTS 

Following  is  a  list,  of  titles  in  this  digest  covering  subjects  which,  when 

included  in   the  constitution,   arc  usually   found  in  an  article  called 
"  Bill  of  Rights  "  or  "  Declaration  of  Rights  ".   For  provisions  as  to  the 

place  of  the  bill  of  rights  in  the  theory  of  government,  See  Govern- 
ment, Theory  op. 

Accused,  Rights  of,  See  Crimes.  Emigration. 

Administration  of  Justice.  Eminent  Domain. 

Arms.  Employment,    Freedom    of,    See 

Assembly,  Right  of.  Labor. 

Attainder.  Ex  Post  Facto  Laivs. 

Bail.  Evidence. 

Bondage  for  Debt.  Form  of  Accusation,  See  Crimes. 

Constitution  of  State.  Freedom  of  Speech  and  Publica- 

Constitution  of  United  States.  tion. 

Counsel,  Right  to,  See  Courts —  Government,  Theory  of. 

Counsel,  Right  to.  Grand  Jury,  See  Juries. 

Death.  Habeas   Corpus,    Writ   of. 

Debts.  Hereditary   Distinctions. 

Deodand's;  See  Death.  Impairment     of     Obligation     of 

"Elections,  Freedom  of,  See  Elec-  Contracts,   See  Contracts, 

tioxs.  Imprisonment  for  Debt. 


Index  Digest 


75 


Relation  of  State  to  United 
states,  See  United  States. 

fi<  ligion. 

Remedy  for  Injuries,  See  In- 
juries and  references  there 
given. 

Retrospective   Laics. 

Searches  and  Seizures. 

Slavery. 

Standing  Army. 

Suicides. 

Titles  of  Nobility  —  See  Hered- 
itary   Distinctions. 

Treason. 

Trials,  See  Courts  —  Trials. 

Witnesses. 


BILL  OF   RIGHTS    (Cont'd) 

Indictment,   See  Crimes  —  Form 

of  Accusation. 
Information,  See  Crimes  —  For'm 

of  Accusation. 
Jeopardy. 
Juries. 

Libel  and  Slander. 
Life,  Liberty  and  Property. 
Martial  Lair. 
Military    rower,    Subordination 

of. 
Preliminary    Examinations,    See 

Courts  —  Trials. 
Privileges. 

Punishments,  See  Crimes. 
Quartering  Troops,  Sec  Soldiers 

and  Sailors. 

BILLETING,  See  Soldiers  and  Sailors. 
BLIND,  See  Charities. 
BLOOD,  CORRUPTION  OF,  See  Crimes  —  Punishment. 

BONDAGE   FOR   DEBT 

See  also  Imprisonment  for  Debt. 

No  male  over  21  or  female  over  IS  to  be  holden  by  law  to  serve  any 
person  as  servant,  slave  or  apprentice,  unless  bound  by  own  consent 
after  arriving  at  such  age,  or  bound  by  law  for  payment  of  debts, 
damages,  fines,  costs  or  the  like.      (Vt.  I  I.') 

BOROUGHS 

Under  this   title  are  digested  all  provisions  relating   specifically   to   this 
class  of  municipalities.     For  provisions  relating  to  municipalities  gen- 
erally, and  hence  to  tltis  class,  See  Municipalities. 
Incorporation  and  Organization 

Legislature  to  constitute  by  law.      (Vt.  Ch.  2.  6.) 
Special  and  local  legislation  for  incorporation  and  erection  of  new 
boroughs,  amending  charters  or  changing  lines  of,  forbidden.     ( Pa. 

Ill  7.) 
Officers 

See  also  Public  Officers. 

Legislature  to  provide  for  accounts  in  respect  both  to  fees  collected 

and  all  public  or  municipal  moneys  paid  to  them.      (Pa.  XIV  6.) 

Compensation,   See   below,    this    title,    Expenditures,    Restrictions 

Upon  —  Extra  Compensation. 
Special    and    local    legislation    creating    or    prescribing    powers    and 

duties  forbidden.     (Pa.  Ill  7.) 
Terms  to  commence  first  Monday,  December,  in  odd  numbered  year, 
until  legislature  provides  otherwise.      ( Pa.  Sched.  2. ) 


Tii  State  Constitutions 


BOROUGHS   [Cont'd) 

Stock  and  Bond  Holding  Prohibited 

Not  to  subscribe  to  stock  or  purchase  bonds  of  any  railroad  corpora- 
tion;  but  this  does  not  affect  validity  of  bonds  or  debts  incurred 
under  laws  existing  prior  to  constitution.      (Conn.  Amend.  XXV.) 
Not  to  be  directly  or  indirectly  owner  of  any  stock  or  bonds  of  any 

association  or  corporation.      (X.J.  I  19.) 
Legislature  not  to  authorize  becoming  stockholder  in  foreign  associa- 
tion or  corporation.      (Fla.   IX   10.) 
Legislature  not  to  authorize  becoming  stockholder  in  company,  asso- 
ciation or  corporation.      (Pa.  IX  7.) 
Control  by  State 

Special  and  local  legislation  regulating  affairs  of,  forbidden.      (Pa. 

Ill  7.) 
Expenditures,  Restrictions  upon 
Aid  to  Private  Enterprise 

Xot   to   make   donation   to   any   railroad   corporation ;    but   this 
does  not  affect  validity  of  bonds  or  debts  incurred  under  laws 
existing  prior  to  constitution.      ( Conn.  Amend.  XXV. ) 
Forbidden  to  give  or  loan  money  to  or  in  aid  of  any  individual, 

association  or  corporation.      (X.J.  I   19.) 
Legislature  not  to  authorize  obtaining  or  appropriating  money 
for  corporation,  association,  institution  or  individual.      (Fla. 

IX  10.) 

Legislature  not  to   authorize   appropriation   of  money  to  "  any 

corporation,    association,    institution    or    individual".       (Pa. 

IX  7.) 
Extra   Compensation 

See  also  Public  Officers  —  Compensation. 

Not  to  grant  extra  compensation  to  puhlic  officer,  employee, 
agent  or  servant  or  increase  compensation  of  public  officer  or 
employee  to  take  effect  during  continuance  in  office  of  any 
person    whose    salary    might    be    thereby    increased.       (Conn. 

Amend.  XXIV.) 

Xot  to   increase  pay  or  compensation  of  any   public   contractor 

above    amount    specified    in    the    contract.       (Conn.    Amend. 

XXIV.) 
Debt 

Purpose 

Forbidden  to  lend  credit  directly  or  indirectly  in  aid  of  any 
railroad  corporation;  but  this  not  to  affect  validity  of  bonds 
or  debts  incurred  under  laws  existing   prior  to  constitution. 

(Conn.  Amend.  XXV.) 
Legislature  not  to  authorize  to  loan  credit  to  corporation,  asso- 
ciation, institution  or  individual.      (Fla.  IX   10.) 
Loan  of  credit  to  any  individual,  association  or  corporation,  or 
becoming    security    for    any    association    or    corporation    for- 
bidden.     (N.J.  I  19.) 
Legislature  not  to  authorize  loan  of  credit  to  "  any  corporation, 
association,  institution  or  individual".      (Pa.  IX  7.) 


Index  Digest  77 


BOROUGHS   (Cont'd) 
Debt   {Cont'd) 

Limit  of  Amount 

Not  to  exceed  7  per  cent,  of  assessed  value  of  taxable  property; 
"nor  shall  any  such  municipality  or  district  incur  any  new 
debt  or  increase  its  indebtedness  "  to  amount  exceeding  2  per 
cent,  on  such  assessed  valuation  without  assent  of  electors 
thereof  at  public  election  in  manner  provided  by  law.      (Pa. 

IX  8.) 
Public  Utilities 

No    street    railroad    may    be   constructed    within    limits    of   borough 
without  consent  of  local  authorities.      (Pa.  XVII  9.) 

BOUNDARIES    OF    STATE 

See  Territorial  Jurisdiction. 
See  Waters. 

BRIBERY 

In  regard  to  elections,  See  Elections. 
Of  or  by  governor,  See  Governor. 
Of  or  by  members  of  legislature,  See  Legislature. 
Of  or  by  public  officers.  See  Public  Officers. 

Persons  having  knowledge  or  possession  of  facts  that  tend  to  establish 
guilt  of  person  or  corporation  charged  with  bribery  not  to  be  excused 
from  giving  testimony  or  producing  evidence  on  ground  that  it  may 
tend  to  incriminate  him  under  laws  of  state;  but  no  person  to  be 
prosecuted  or  be  subject  to  penalty  or  forfeiture  for  or  on  account 
of  any  matter  concerning  which  he  may   testify  or   produce  evidence. 

(Ariz.   II    19.) 
BRIDGES 

In   Counties 

See  Counties  —  Eoads  and  Bridges. 
See  Counties  —  Supervisors  —  Powers  and  Duties. 
Obstructions  in  navigable  streams,  See  Waters  —  Navigable  —  Obstruc- 
tion in. 
Railway  bridge  companies,  See  Railroads. 
State  aid  to,  See  Roads  —  State  Aid  to. 
Taxation  for 

See  Taxation  —  State  Taxes. 
See  Taxation  —  Local  Taxes. 
Legislature   may   not   establish,   but    shall    prescribe   by    law    manner    in 

which  power  shall  be  exercised  by  courts.      (Ga.  Ill  Sec.  VII  18.) 
Law  relating  to  bridges  excepted  from  provision  against  laws  enacted  to 

take  effect  on  approval  of  body  other  than  legislature.  (Ky.  60J 
State  to  provide  for  laying  out  and  working  public  roads  and  building 
bridges,  and  for  utilizing  fines,  forfeitures  and  convict  labor  to  all 
these  purposes.  (Tex.  XVI  24.) 
For  aiding  construction  and  improvement  of  bridges  "  state  road  and 
bridge  fund  "  created  to  include  income  from  investments  in  internal 
improvement  land  fund,  and  all  funds  accruing  to  any  state  road  and 


7s'  State  C(>.\syiTrn<>.\- 


BRIDGES    [Cont'd) 

bridge  fund  however  provided.  Legislature  may  add  to  fund  by  pro- 
viding in  its  discretion  annual  tax  levied  on  property  of  state  not 
over  one  mill  on  all  taxable  property;  but  no  county  shall  receive  in 
any  one  year  more  than  3  per  cent,  or  less  than  ]/2  per  cent,  of  the 
total  fund  thus  provided  and  expended  in  such  year.  (Minn.  IX  16.) 
Private,   local   and   special    laws    prohibited   granting   to    any   person   the 

right    to    have   any.      (Miss.    IV   90.) 

Special   and  local  legislation   prohibited  chartering  and  licensing.      (Ala. 

[V    104.    20;    Cal.    IV    25;    Ida.    Ill    19;    Ky.    59,    17;    Mont.    V    26; 

YYyo.  Ill  27.) 
Special   and   local   laws   prohibited   providing   for   bridges,   or   chartering 
bridge  companies,  except   on  Hudson   below   Waterford  on   East  river 
or  over  state  boundary  waters.      (N.Y.  Ill  18.) 
Special,  private  and  local  laws  prohibited,  relating  to  bridges,  or  incor- 
porating bridge  companies,  except  for  the  erection  of  bridges  crossing 
streams    which    form    boundaries    between    this    and    any    other    state. 
(La.  4S;   Mo.  IV  53.  6;   Pa.  Ill  7;   Tex.  Ill  56.) 
Same:  omit  comma  between  "companies  except".      (Okla.  V.  46.) 
Local  or  special  laws  chartering  or  licensing  toll  bridges  forbidden.     (Colo. 
V  25 j   111.  IV  22;    Xebr.  Ill   15;    X.M.   IV  24;   X.D.  II  61),   16:    VY.Va. 

VI  39.) 

Right    to    authorize    and    regulate    tolls    on,    under    legislative    control, 

punishment    provided    for    unauthorized   taking   of:    all    laws    granting 

right    to    collect    tolls    subject    to    amendment,    modification    or    repeal. 

(Tex.  XII  3,  4.) 
Legislature  may  tax  toll  bridges  as  provided  by  general  law,  uniform  as 

to  class  upon  which   it  operates.      (111.  IX   1;   Xebr.  IX   1.) 
Consolidation    of    bridge    companies    forbidden.       (Ky.    201.) 

BUILDING  AND  LOAN  ASSOCIATIONS 

Records,  hooks  and  files  liable  to  '*  full  visitorial  and  inquisitorial  powers 

of  the  state".      (Ariz.  XIV   16.) 
CANALS 

Canax  Boako 

Commissioner  of  canal  fund,  state  engineer,  superintendent  of  public 
works,  with   duties  as  prescribed  by  law.      (N.Y.  V  6.) 
<  0MMISSIONEKS  OF  (ANAL  FUND 

Members  are:  lieutenant-governor,  secretary  of  state,  comptroller, 
treasurer    and    attorney-general.      Duties    as    prescribed    by    law. 

(X.Y.  V  5,   6.) 

Si   I'KKIVi'E.NDKXT   OF    PUBLIC    WORKS 

Appointed  by  governor  and  senate,  vacancy  filled  by  governor  to  be 
approved  at  next  session  of  senate.  Term  ends  with  term  of 
appointing  governor.  Required  to  give  bond.  He  has  execution 
of  laws  concerning  repair,  navigation,  construction  and  improve- 
ment of  canals,  except  where  entrusted  to  state  engineer;  making 
of  rules  for  navigation  and  use  of  canals,  and  other  duties  pre- 
scribed by  law.  May  be  removed  by  governor  on  filing  statement 
of  grounds   which    shall   be   presented  to  legislature.     He  appoints 


Index  Digest  79 


CANALS    (Cont'd) 

Superintendent  of  Public  Works   (Cont'd) 

three  assistant  superintendents  for  three-year  terms,  removable  at 
his  will  on  filing  report  of  grounds  in  writing  with  governor,  and 
appoints  and  may  remove  all  other  canal  employees  except 
those  employed  by  state  engineer.  Rules  subject  to  control  of 
legislature.  Compensation,  and  that  of  assistant  superintendent 
to  be  prescribed  by  law;  not  to  appoint  collectors  of  tolls.      (N.Y. 

V   3,   6.) 
Aid  to 

Legislature  never  to  lend  credit  of  state  or  make  appropriations   in 

aid  of  canals.      (111.  XIV  Canal  Section.) 
Canal  Companies 

For  provisions  relating  to  transportation  companies  and  so  to  canal 
companies,  See  Transportation  Companies. 

Secretary  of  internal  affairs  to  regulate  canal  companies,  subject  to 
law;    may   in   addition    to   annual    reports,   require   special   reports 

at  any  time.      (Pa.  XVII   11.) 

All  corporate  powers  and  privileges  issued  and  granted  by  secretary 
of  state,  as  prescribed  by  law  or,  should  he  be  disqualified,  by 
other  person  provided  by  general  law.      (Ga.  Ill   Sec.  VII   18.) 

Canal  companies  in  existence  at  time  of  ratification  of  constitution 
must  accept  this  article  [of  constitution]  to  have  benefit  of  future 
legislation,  general  or  special,  except  in  execution  of  a  trust 
created  by  law  or  contract.      (Ala.  XII  246.) 

Are   common   carriers.      (Ark.   XVII   1;    Gal.   XII    17;    Pa.   XVII    1; 

Wash.  XII   13.) 

Are  common  carriers  if  engaged  in  transportation  for  hire,  subject 
to  liability  as  such,  and  cannot  lawfully  contract  out  of  common- 
law  liability  for  carriage  of  passengers.      ( S.C.  IX  3. ) 

Board  of  public  work*  appoints  directors  to  represent  state  where 
state  entitled  to  directors;   and  to  vote  state  stock  in  Chesapeake 

and  Ohio  canal.     (Md.  XII  2.) 

No  officer,  agent  or  employee  of  the  canal  company  to  be  interested 
in  furnishing  materials  or  supplies  to  such  company  or  any 
business  of  transportation  as  common  carrier  over  property  of 
company  or  in  any  arrangement  giving  more  advantageous  terms 
or  greater  facilities  than  offered  or  accorded  to  public.  All  con- 
tracts and  arrangement  in  violation  of  this  section  void.  No 
canal  company  or  any  lessee,  manager  or  employee  thereof  to 
make  any  preferences  in  furnishing  cars  or  motor  power.  Legis- 
lature shall  prevent  abuses,  unjust  discrimination  and  excessive 
charges  by  canal  companies,  to  provide  for  enforcing  such  laws 
by  adequate  penalties  and  forfeitures,  and  provide  for  creation 
of  officers  and  commissions  and  vest  in  them  authority  necessary 
to  carry  into  effect  powers  hereby  conferred.      (Ark.  XVII  5,  li.  10.) 

Every  canal  company  organized  in  this  state  to  maintain  office 
therein  where  transfers  of  stock  shall  be  made  and  books  kept 
for  inspection  by  any  stockholder  or  creditor,  in  which  recorded 
capital  stock  subscribed  or   paid   in   and  by   whom,   names  of  and 


80  State  Constitutions 


CANALS    [Cont'd) 

(  '  A  R  A I.    ('(>  M  1'A  .\  IES     (  ( 'OH  t'(l ) 

amounts  owned  by  stockholders,  transfers  of  stoek,  names  and 
places  of  residence  of  officers.  No  canal  company  to  consolidate 
with,  acquire  works  or  franchises  of  or  control  any  other  railroad 
or  canal  company  controlling  parallel  or  competing  lines;  no 
officer  of  canal  corporation  to  act  as  officer  of  railroad  or  canal 
corporation  owning  competing  or  parallel  lines,  and  question 
whether  railroads  or  canals  are  parallel  or  competing  to  be  decided 
by  jury  as  in  civil  issues  when  demanded  by  party  complainant. 
Officer  or  employee  of  canal  company  not  to  be  interested  in  fur- 
nishing material  or  supplies  to  his  company  or  in  business  of 
transportation  as  common  carrier  over  works  controlled  by  his 
company.  Xo  discrimination  in  charges  of  facilities  or  transpor- 
tation to  be  made  and  no  canal  company,  its  lessee,  manager  or 
employee   to   make   any   preferences   in    furnishing   cars   or    motor 

power.      (Pa,  XVII  2,  4,  6.) 

Every  canal  company  operated  or  partly  operated  in  this  state  shall 
maintain  an  office  therein  where  transfers  of  its  stock  shall  be 
made  and  books  kept  for  inspection  by  stockholder  or  creditor, 
in  which  recorded  amount  of  capital  stock  subscribed  or  paid  in 
and  amounts  owned  by  each  stockholder,  transfers  of  stock  and 
names  and  places  of  residence  of  officers.  Canal  companies  shall 
not  be  consolidated  with  parallel  or  competing  railroad  or  canal 
companies,  nor  lease  or  purchase,  or  in  any  way  control  parallel 
or  competing  railroad  or  canal  companies,  nor  shall  officer  of 
canal  corporation  be  officer  of  any  other  competing  or  parallel 
railroad  or  canal  company;  question  whether  railroads  or  canals 
are  parallel  or  competing  lines  to  be  decided  by  a  jury  as  in  other 
civil  issues  when  demanded  by  complainant.      (Ark.  XVII  2,  4.) 

President   and   directors1  of    Chesapeake  and   Ohio   canal   to   regulate 
tolls  jrom    time    to    time    to    produce    largest    revenue    and    avoid 
injurious   effect    of    rival    competition   by    other    internal    improve- 
ment  companies.      (Md.    XII   2.) 

Are   subject   to   taxation   as  common   carriers.      (S.C.   IX   3.) 

Taxation  of,  See  also  Taxation. 
Eminent  Domain 

See  Eminent  Domain — Special  Public  Uses. 

See  Eminent  Domain  —  Private  Uses. 
Interest  <>k  Public  Officers 

Corporation    commissioner    may    not    have    directly    or    indirectly. 

(Okla.  IX  16.) 
Labor  on,  See  Labor.  * 

Owned  by  Minim;  or  Manufacturing  Companies 

Mining    or    manufacturing    companies    may    carry    products    of    its 
own  mines  or   factories,  on   its  canal  not  over   50  miles   long   as 
exception   from  general    prohibition.      (Pa.  XVII  5.) 
Public  Highways 

All  canals  are  public  highways.      (Ark.  XVII   1;   Pa.   XVII   1.) 

Canals   not   constructed   and   used   exclusively   for   private   purposes 

are  public  highways.      (Ala.  XII  242.) 


Index  Digest  81 


CANALS   (Cont'd) 
Public  Utility 

Are  public  utilities.      (Cal.  XII  23.) 
Regulation  of 

Control  of  canals  in  railroad  commission  which  may  fix  rates,  when 
power  to  do  so  is  conferred  by   legislature.      (Cal.   Xll  23.) 

Legislature  to  prohibit  unjust  discrimination  and  to  prohibit  charg- 
ing of  other  than  just  and  reasonable  rates,  and  to  enforce  same 
by   adequate   penalties.  -   (Ala.    XII    24:1.) 

All  individuals,  associations  and  corporations  to  have  equal  right  of 
transportation  over  canals  and  no  undue  or  unreasonable  dis- 
crimination to  be  made  in  charges  for  or  facilities  for  transporta- 
tion  within   the   state   or   with   other   states.      (Ark.   XVII   3;    Pa. 

XVII    3.) 

To  be  subject  to  legislative  control.      (Cal.  XII  17;   Wash.  XII   13.) 
Right  of  Way  Over  Public  Lands,  See  Public  Lands  —  Right  of  Way 

Over. 
State  Canals 

Improvement  of  as  is  prescribed  by  law,  to  be  paid  for  by  appro- 
priations, equitable  annual  tax,  or  bonds  to  be  issued  under  same 
conditions  as  other  state  bonds ;  cost  of  superintendence  and  re- 
pairs to  be  met  by  a  tax  levied  annually  by  legislature;  contracts 
for  work  and  materials  to  be  awarded  to  lowest  adequately  secured 
bidder,  no  extra  compensation  allowed;  board  may  cancel  contract 
if  unjust  and  oppressive;  navigation  to  be  free  of  toll,  but  subject 
to  rules  and  regulations ;  specified  canals  never  to  be  sold  with 
certain  exception,  but  to  remain  property  of  and  under  manage- 
ment of  the  state  forever ;  proceeds  of  the  sale,  lease  or  other 
disposition  of  any  state  canal  to  go  to  canal  improvement,  super- 
intendence and  repair.      (N.Y.  VII  8,  9,  10.) 

Certain   specified  canals  when   in   possession  of  the  state,  not  to  be 

leased  or  alienated.      (La.  195.) 

Board  of  commissioners  of  port  of  New  Orleans  empowered  to  con- 
struct and  operate  a  canal,  with  consent  of  certain  other  boards; 
to  condemn  land  therefor,  to  issue  bonds  for  cost  of  work  secured 
by  mortgage  thereon,  to  be  paid  out  of  net  receipts  of  canal;  to 
fix  charges  for  use  of  canal.      (La.  Amend.   1914.) 

Stock  issued  for  certain  canals,  payment  for  which  by  act  of  legis- 
lature to  be  made  exclusively  from  proceeds  of  canal  lands  and 
tolls  and  revenues  of  canals  never  to  be  paid  by  state;  legisla- 
ture never  to  recognize  liability  of  state  to  pay  or  redeem.      (Ind. 

X  7.) 

No  canal  or  waterway  owned  by  state  ever  to  be  sold  or  leased 
until  specific  proposition  first  submitted  to  vote  at  general  election 
and  approved  by  majority  of  all  votes  polled.  Surplus  earnings 
of  canal,  waterway  or  water  power  may  be  appropriated  or 
pledged  for  its  enlargement,  maintenance  or  extension.      (111.  XIV 

Canal    Section.) 

Legislature  may  authorize  construction  of  specified  deep  waterway; 
for  development  and  utilization  of  water  power;  and  authorize 
bonds  of  not  over  4  per  cent,  therefor.      (111.  XIV  Canal  Section.) 


82  State  Constitutions 


CANALS   [Cont'd) 

State  Interest  in 

Board  of  public  works  to  represent  stock  of  state  in  meetings  of 
Chesapeake  and  Ohio  Canal  Company;  to  appoint  directors  in 
canal  companies  in  which  state  has  such  right;  detailed  provisions 
as  to  duties  of  president   and  directors  of   Chesapeake   and  Ohio 

Canal  Company.     (Md.  XII  2.) 
Water  Power  on  State  Canals 

Power  developed  from  Illinois  state  deep  waterway  may  be  leased 
in  part  or  whole  as  provided  by  law;  rental  in  lease  to  be  subject 
to    revaluation    every    10    years,    income    to    be    paid    into    state 

treasury.     (111.  XIV  Canal  Section.) 

CAPITAL  PUNISHMENT,  See  Crimes  —  Punishment. 

CAR  COMPANIES 

For  provisions  relating  to  all  common  carriers,  See  Common  Carriers. 
For  provisions  relating  to  all  transportation  companies,  See  Transporta- 
tion Companies. 
For  provisions  relating   to  all  public  service   corporations,   See   Public 

Service  Corporations. 
For  provisions  relating  to  all  corporations,  See  Corporations. 
Sleeping  car,  See  Sleeping-Car  Companies. 

Corporations   or   associations   organized   for   purpose   may   operate   lines 
between  any  points  and  connect  at  state  lines  or  elsewhere  with  other 

lines.      (Okla.  IX  2.) 
Declared  to  be  common  carriers  and  subject  to  control  by  law.      (Ariz. 

XV  10.) 
Foreign  car  corporations  must  incorporate  under  domestic  law,  to  exer- 
cise right  of  eminent  domain.     (Okla.  IX  31.) 
Must  receive  and  transport  each  other's  cars,  tonnage  and  passengers, 
without  delay  or  discrimination,  as  regulated  by  commission.      (N.M. 

-       '  XI  15.) 

Taxation 

See  Taxation  —  Objects  and  Kinds  of  Taxation  —  Corporations. 
See  Taxation  —  Objects  and  Kinds  of  Taxation  —  Public  Utili- 
ties. 
See  Taxation  —  Assessment  —  Corporate  Property. 

CEMETERIES 

N61   of  state,  local  or  special  law  prohibited.      (Cal.  IV  25;   Ida.  Ill  19; 

Ky.  59;   Mo.  IV  53;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56.) 
Exemption  from  taxation,  See  Taxation  —  Exemptions. 

CENSUS 

Legislature  to   provide  for  taking  at   least  once  in   10  years   beginning 

1865.      (Kan.  II  26.) 
Enumeration  of  inhabitants  to  be  made,  under  direction  of  secretary  of 

state,  every  10  years  beginning  1905.      (N.Y.  Ill  4.) 
Legislature   to   provide  by   law   for   census   every   tenth   year,   beginning 

1885.     (Colo.  V  45.) 


Index  Digest  83 


CENSUS    (Cont'd) 

Same;   beginning  1SG5.      (Minn.  IV  23.) 

Same;   beginning  1895.      (Mont.  VI  2.) 

Same;   beginning  1905.      (Utah  IX  2.) 

Enumeration  of  inhabitants  to  be  made,  under  direction  of  legislature, 

if  necessary,  in  year  1875  and  every  10  years  thereafter.     (Nev.  XV  13.) 
Legislature  to  provide  for  enumeration  of  population  in  year   1S75  and 

every  10  years  thereafter.      (Iowa  III  33.) 
Same;  in  year  1885.      (Nebr.  Ill  2.) 
Same;   in  year  1895.      (Wash.  II  3.) 

Legislature  to  provide  by  law  for  census  by  counties  every  tenth  year, 

beginning  1895.     (Fla.  VII  5.) 
Legislature  to  provide  for  census  of  whole  number  of  inhabitants,  and 

of  qualified  electors  of  state  once  in  every  10  years;  first  enumeration 

to  be  made  in  1895  and  legislature  to  provide  for  same  by  law.     (Miss. 

IV  105.) 
Legislature  to  cause  to  be  made  enumeration  of  white  population  in  year 

1865  and  every  10  years  thereafter.     (Ore.  IV  5.) 
Legislature  to  cause  number  of  inhabitants,  exclusive  of  foreigners  not 

naturalized  and  Indians  not  taxed,  to  be  ascertained  in  year  1821  and 

at  periods  of  at  most  10  years,  and  at  least  five  years.    (Me.  IV  Pt.  I  2.) 
Of  legal  voters  of  each  city  and  town  to  be  taken  and  returned  into  office 

of   secretary   of   commonwealth  in   year    1857;    and   of   inhabitants   of 

each   city   and   town   in   year    1S65   and   every   tenth   year   thereafter. 

(Mass.  Amend.  XXI.) 
Legislature  to  cause  enumeration  of  male  inhabitants  over  21  years  of 

age  to  be  made  at  second  session   after  adoption  of  constitution   and 

every  sixth  year  thereafter.      (Ind.  IV  4.) 

CHANCERY  COURTS,  See  Courts. 

CHARITIES 

For  provisions  relating  to  the  system  of  charities  and  corrections  as  a 

ivhole,  See  Charities  and  Corrections. 
For  provisions  relating  to  charities  of  counties,  See  Counties  —  Char- 
itable, Correctional  and  Educational  Institutions. 
For  provisions  relating  to  charities  of  cities,  See  Cities  —  Finances. 
For  provisions  relating   to  charities  of  municipalities,  See  Municipal- 
ities —  Finances. 
For  provisions  relating  to  charities  of  towns,  See  Towns  —  Finances. 
For  provisions  relating  to  charities  of  villages,  See  Villages  —  Finances. 
Administrative  Authority 

Secretary  of  internal  affairs  to  perform  such  duties  relating  to  as 
may  be  prescribed  by  law.      (Pa.  IV  19.) 
Appropriations 

For  general  provisions  in  regard  to  purpose  of  appropriations  and 
so    to    appropriations   for   charities,    See    State    Finances  —  Ex- 
penditures —  Purpose. 
Forbidden  for  charitable  or  benevolent  purposes  to  any  person,  cor- 
poration or  community  not  under  absolute  control  of  state.    (Colo. 

V  34;  Mont.  V  35;  Wyo.  Ill  36.) 


84  State  Constitutions 


CHARITIES    (Cont'd) 

APPBOPBIATIONS    ( Cont'd) 

Forbidden  to  any  charitable  institution  "not  under  the  absolute 
control  "  of  state,  except  by  two-thirds  vote  of  all  members  elected 

to  each  house.     (Ala.  IV  73;  Pa.  Ill  17.) 

Forbidden  for  charitable  or  benevolent  purpose  to  any  person,  cor- 
poration, association,  institution  or  community  not  under  absolute 
control  of  state;  but  legislature  may  make  appropriations  for 
charitable  institutions  and  hospitals  for  maintenance  of  which 
annual  appropriations  were  made  by  legislature  in   1909.      (N.M. 

IV  31.) 

Legislature  not  to  make  any  appropriation  of  public  funds  to  any 
charitable  institution  not  under  or  controlled  by  state  except  that 
appropriations  may  be  made  to  non-sectarian  institutions  for  re- 
form of  youthful  criminals;  and  this  does  not  prevent  legislature 
authorizing  cities,  towns  or  counties  to  make  such  appropriations 
to  any  charitable  institution  or  association.      (Va.  IV  67.) 

No  money  to  be  appropriated  or  drawn  from  treasury  for  benefit  of 
any  corporation,  association,  asylum,  hospital  or  other  institution 
not  under  exclusive  management  and  control  of  state,  except  that 
legislature  may  grant  aid  to  institutions  conducted  for  support 
and  maintenance  of  minor  orphans  or  half-orphans  or  abandoned 
children  or  aged  persons  in  indigent  circumstances.     (Cal.  IV  22.) 

No  appropriation  to  be  made  "  for  private,  charitable  or  benevolent 
purposes  to  any  person  or  community  ",  but  this  not  to  apply  to 
specified  institutions  "  and  the  charity  hospitals  and  public  char- 
itable  institutions  conducted  under  state  authority  ".      ( La.   53. ) 

May  be  made  for  support  of  eleemosynary  institutions  of  the  state. 

( Mo.  IV  43. ) 

Forbidden  to  any  person  or  community  for  charitable  or  benevolent 
purposes  except  pensions  or  gratuities  for  military  service.      (Pa. 

Ill  18.) 

Blind 

For  provisions  relating  to  charitable  institutions  in  general,  and  so 
to  institutions  for  blind,  See  below,  this  title,  Charitable  Insti- 
tutions. 

Administration  and  Control  of  Institutions 

Control    and    management    of    to    be    regulated    by    legislature. 

(Colo.  VIII  5.) 
Institutions   to  be  under   such  boards  of  control   as   prescribed 

by  law.  (Utah  XIX  2.) 
Legislature  to  provide  for  control  and  management  of  institu- 
tions for  blind  by  board  of  regents,  five  members,  appointed 
by  governor  with  consent  of  senate  for  four  years,  not  more 
than  three  of  one  political  party  at  time  of  appointment; 
duties  of  board  to  be  prescribed  by  law.  (N.M.  XII  13.) 
Education    of 

Legislature  to  enact  laws  for  education  of.      (Ariz.  XI   1.) 
Legislature  to   provide  by   law   for   support   of   institutions   for 
education  of.    (Ark.  XIX  19;  Ind.  IX  1;  Miss.  VIII  209;  Okla. 

XIII  2.) 


Index  Digest  85 


CHARITIES   (Cont'd) 
Blind   (Cont'd) 

Education  of   (Cont'd) 

Institutions  for  blind  to  be  state  educational  institution.     (N.M. 

XI  11.) 

School  for,  to  be  public  institution  of  state.      (N.D.  XIX  216.) 

Colorado  School  for  Deaf  and  Blind  at  Colorado  Springs  adopted 

by  state;  gifts  and  appropriations  for  continued  for  use  and 

benefit  of.      (Colo.  VIII  5.) 

School  for,  to  be  a  charitable  institution  of  state.     (S.D.  XIV  1.) 

Legislature    may    provide    for    maintenance    of    South    Carolina 

School  for  Deaf  and  Blind  and  may  create  scholarships  therein. 

(S.C.  XI  8,  Amend.  1914.) 
Legislature  may  provide  as  seems  proper  for.     (N.Y.  VIII  9,  14.) 
Legislature  cannot  change  location  of  school  for  deaf  and  blind 
except  by  two-thirds  vote  of  legislature  with  yeas  and  nays 
entered  on  journals.      (Ala.  XIV  267.) 
Provision    for 

Legislature  may  provide  as  seems  proper  for  support  of.      (N.Y. 

VIII  9,  14.) 
Legislature  to  enact  laws  for  care  of.     (Ariz.  XI  1.) 
Legislature  to  make  provision  for.      (W.Va.  XII   12.) 
Legislature  may  provide  that  indigent  blind  may  be  cared  for  at 

expense  of  the  state.     (N.C.  XI  10.) 
For  benefit  of  afflicted  inhabitants,  blind  asylums  to  be  always 

fostered  and  supported.      (Mich.  XI   15.) 
Institutions  for  benefit  of,  to  be  fostered  and  supported  by  state; 
subject  to  regulations  prescribed  by  law.      (Fla.  XIII  1;  Kan. 
VII  1;  Nev.  XIII  1;  Ohio  VII  1;   Wash.  XIII  1.) 
Institutions    for,   to   be   established   and    supported   by   state   in 
manner   prescribed  by    law.      (Ariz.    XXII    15;    Colo.    VIII    1; 
Mont.  X  1;   Okla.  XIII  2;   Utah  XIX  2,  X  10.) 
Institutions  for,  to  be  established  and  supported  by  state  in  man- 
ner prescribed  by  law ;    legislature  for  sanitary   reasons  may 
cause  removal  to  more  suitable  localities.     (Ida.  X  1,  7.) 
Charitablk  Corporations 

Benevolent  corporations  excepted  from  provision  that  all  corporations 

must  have  place  of  business  in  state.      (Cal.  XII  14;  S.C.  IX  4.) 
Prohibition  to  subscribe  to  stock  in  corporations,  not  to  apply  to  cor- 
porations for  charitable  purposes.      (Nev.  VIII  9.) 
Members  not  individually  liable  for  dues  from  corporations.      (Kan. 

XII  2.) 
To   be    encouraged    and    protected,    under    regulation    of    legislature. 

(Vt.  II  64.) 
To  be  and  remain  under  patronage  and  control  of  state.      (111.  XI  1.) 
Legislature  may  not  incorporate  or  amend  or  extend  charter  by  local 
or  special  law  if  not  under  control  of  state,  unless  a  gift,  devise  or 
will  require  it.      (S.C.  Ill  34,  IX  2.) 
Prohibition  of,  creation  or  change  of  charter  by  special  law  not  to 
apply  to  charitable  corporations  which  are  to  be  and  remain  under 
patronage  and  control  of  state.      (111.  XI  1;  Nebr.  XIB  1.) 


St;  State  Constitutions 


CHARITIES    (Cont'd) 

Charitable  Corporations  (Cont'd) 

Prohibition    of    special    legislation    for    creation    of    corporation    or 
amendment   of    charters   not   to   apply   to   charitable    corporations 
sustained  in  whole  or  in  part  by  the  state.     (Del.  IX  1.) 
Charitable  Institutions 

For   provisions   rchiHtuj    to   state   institutions   in   general   and   so    to 

state  eliaritable  institutions,  See  State  Institutions. 
Administrative   Authority 

Legislature  may  provide  that  boards  of  trustees  or  managers  of 
state  eleemosynary  institutions  may  hold  office  six  years,  one- 
third  to  be  elected  or  appointed  as  legislature  directs,  every 
two  years,  vacancies   filled   as   provided   by   law.      (Tex.   XVI 

30a.) 
Trustees  of  such  benevolent  institutions  as  may  be  created  to  be 
appointed  by  governor  with  advice  and  consent  of  senate  and 
on  all  nominations  question  to  be  taken  in  yeas  and  nays  and 
entered  on  journal:  governor  to  fill  vacancy  until  next  session 
of    legislature    and    until    successor    confirmed    and    qualified. 
(Kan.  VII   1,  3.) 
Directors    of   benevolent    state    institutions    hereafter    created    to 
be  appointed  or  elected  as  prescribed  by  law;    governor  may 
fill  vacancies  unless  otherwise  provided  for  until  next  session 
of    legislature    and    until    successor    appointed    and   confirmed; 
has  power  of  removal.      (S.C.XII  4,   8.) 
Bonds  for,  See  State  Debt  —  Purpose  —  Public  Buildings. 
Establishment   and   Support 

Xo    charitable    institution,    other    than    state    institutions    now 
existing    or    expressly    provided    in    constitution,    to   be    estab- 
lished by  state,  except  by  vote  of  two-thirds  of  members  elected 
to  each  house  of  legislature.     (La.  60.) 
Charitable  institutions  required  by  claims  of  humanity  and  pub- 
lic  good,   to   be   established    and    supported   by   state   as   pre- 
scribed by  law.      (Wyo.   VII   IS.)- 
Benevolent   institutions   required  by   public  good  to   be   fostered 
and   supported   by   state   subject   to   regulations   prescribed   by 
law.      (Fla,  XIII   1;   Kan.  VII   1;  Nev.  XIII   1.) 
Legislature  and  board  of  public  charities  to  "keep  in  view  that 
charitable  institutions  should  be  as  nearly  self-supporting  as 
is  consistent  with   purpose  of  creation".      (X.C.   XI   11.) 
Xo    charitable    institutions    other    than    state    institutions    now 
existing  or  expressly  provided  for,  to  be  established  by  state, 
except  by  vote  of  two-thirds  of  members  elected  to  each  house 
of  legislature.      (La.  60.) 
One-half  of  income  of  swamp  land  fund  to  be  "  appropriated  to 
the   educational    and    charitable   institutions    of   the   state    in 
relative  ratio  of  cost  to  support  said  institutions".      (Minn. 

VIII  2.) 
Police  juries  and  municipal   corporations  may,  in  providing  for 
destitute    person's',    utilize    any    charitable    institutions    within 


Index  Digest  87 


CHARITIES   (Cont'd) 

Charitable  Institutions   (Cont'd.) 

Establishment  and  Support    (Cont'd) 

their  corporate  limits  for  the  care,  maintenance  and  asylum  of 
such  persons;  and  all  appropriations  made  to  such  institutions 
for  the  purpose  aforesaid  to  be  accounted  for  by  them  in  the 
manner  required  of  officials  entrusted  with  public  funds.    (La. 

58.) 
Existing  Laws 

Existing  laws  relating  to  all,  state,  county,  municipal,  incor- 
porated or  not  and  to  inspection  and  supervision  of,  till 
amended  and  repealed  by  legislature,  remain  in  force.      (N.Y. 

VIII  13.) 
Inmates 

Inmates  of  charitable  institutions,  except  soldiers'  home,  in- 
eligible to  office  or  appointment  of  honor,  trust  or  profit   in 

state.        (La.  202.) 
Disfranchisement,    See    Elections  —  Qualifications    and    Dis- 
qualifications of  Electors. 
Investigation 

State  to  have  right  to  inquire  at  any  time  into  management  of 
institutions  receiving  state  aid.      (Cal.  IV  22.) 
Officers 

Officers  of  eleemosynary  state  institutions  to  report  in  writing 
under  oath  when  required  by  governor;   making  false  report 
punished  as  prescribed  by  law.     (Okla.  VI  33.) 
Deaf  and  Dumb 

For  provisions  relating  to  charitable  institutions  in  general  and  so  to 
institutions  for  deaf  and  dumb,  See  above,  this  title,  Charitable 

Institutions. 
Administration  and  Control  of  Institutions 

Control  and  management  of  Colorado  School  for  Deaf  and  Blind 
at   Colorado   Springs   to  be   regulated   by   legislature.      (Colo. 

■       VIII   5.) 
Institutions    for,   to   be   under    such   boards   of   control    as   pre- 
scribed by  law.      (Utah  XIX  2.) 
Legislature  to  provide   for   control   and  management  of  asylum 
for    deaf   and   dumb   by   board    of   regents,   five   members,   ap- 
pointed by  governor  with  consent  of  senate  for  four  years,  not 
more  than  three  of  one  political  party  at  time  of  appointment; 
duties  of  boards  to  be  prescribed  by  law.      (N.M.  XII   13.) 
Education    of 

Legislature    may   make    provisions    as    seems   to    it    proper    for. 

(N.Y.  VIII  9,  14.) 
Legislature  to  enact  laws  for  education  of.  (Ariz.  XI  1.) 
Asylum  for,  to  be  state  educational  institution.  (N.M.  XI  11.) 
School  for,  to  be  charitable  institution  of  state.  (S.D.  XIV  1.) 
Colorado  School  for  Deaf  and  Blind  at  Colorado  Springs  adopted 
by   state,  gifts  and   appropriations  for  confirmed    for  use   and 

benefit  of.     (Colo.  VIII  5.) 


88  State  Constitutions 


CHARITIES    [Cont'd) 

Deaf  and  Dumb  (Cont'd) 
Education  of    [Cont'd) 

Legislature    may    provide    for    maintenance    of    South    Carolina 
.School    for    Deaf    and    Blind    and    may    create    scholarships 
therein;      (S.C.  XI  8  Amend.   1914.) 
Legislature   to    provide    by    law    for    support    of    institutions   for 

education  of    (Ark.  XIX  19;  Ind.  IX  1;  Miss.  VIII  209.) 
Legislature  cannot  change  location  of  school  for  deaf  and  blind 
except   by   two-thirds   vote  of   legislature  with   yeas   and   nays 
entered  on  journals.      (Ala.  XIV  267.) 
Provision  for 

All  former  gifts  and  grants  confirmed.      (Colo.  VIII  5.) 
Legislature  to  make  provision  for.      (VV.Va.  XII  12.) 
Legislature  to  enact  laws  for  care  of.      (Ariz.  XI  1.) 
Legislature  may  make  provision  as  seems  to  it   proper  for  sup- 
port of.     (X.Y.  VIII  9,  14.) 
Legislature  may  provide  that  indigent  deaf-mutes  may  be  cared 

for  at  expense  of  the  state.      (X.C.  XI  10.) 
Asylum  to  be  public  institution  of  state.      (X.D.  XIX  215.) 
Institutions  for  to  be  established  and  supported  by  state  in  man- 
ner prescribed  by  law.      (Ariz.  XXII  15;  Colo.  VIII   1;  Mont. 
X  l;  Okla.  XIII  2;  Utah  XIX  2,  X  10.) 
Institutions,    for   benefit   of    afflicted    inhabitants,   always   to   be 

fostered  and  supported.      (Mich.  XI  15.) 
Institutions  for  to  be  fostered  and  supported  by  state  subject  to 
regulations   prescribed   by   law.      (Fla.   XIII    1;    Kan.   VII    1; 

Ohio  VII   1;   Wash.  XIII   1.) 
Institutions  for  benefit  of  to  be  fostered  and  supported  by  state, 

subject  to  restrictions  prescribed  by  law.      (Xev.  XIII   1.) 
Institutions    for    to    be   established    and    supported    by    state   in 
manner    prescribed,   by    law ;    legislature    for   sanitary    reasons 
may  cause  removal  to  more  suitable  localities.     (Ida.  X  1,  7.) 
Feeble- Minded  and  Idiots 

For  charitable  institutions  in  general  and  so  for  feeble-minded,  See 

above,  this  title,  Charitable  Institlttions. 
Institute  for  feeble-minded  children  to  be  state  institution.      (Nebr. 

V   19.) 
Institutions   for   benefit  of  defective  youths  to  be  fostered  and   sup- 
ported by  state  subject  to  regulations  prescribed  by  law.      (Wash. 

XIII   1.) 
Institutions  for,  connected  with  hospital   for  insane,  to  be  state  in- 
stitution.     (N.D.  XIX  215.) 
Institutions  for   feeble-minded   for  use  of  afflicted  inhabitants  to  be 

always  fostered  and  supported.      (Mich.  XI  15.) 
Legislature  to  devise  means  for  education  of  idiots.      (X.C.  XI  9.) 
Gifi  s 

Gifts  by  will  of  realty  or  of  money  to  be  realized  from   realty,  di- 
rectly or   in  trust,   for   charitable  uses  or  purposes,  void.      (Miss. 

XIV  269.) 


Index  Digest  89 


CHARITIES   (Cont'd) 
Gifts    (Cont'd) 

Legacies  or  bequests  of  money  or  personal  property,  direct,  implied 
or  otherwise,  for  charitable  uses,  void.      (Miss.  XIV  270.) 
Grants  of  Public  Property  for 
iSfee  Public  Property  —  Gravis. 
See  Public  Property  —  Trusts. 
Grants  of  Public  Land  for 

See  Public  Lands  —  Sale — Provision  for. 
See  Public  Lands  —  Trusts  in. 
Hospitals 

For   charitable   institutions  in   general   and   so   hospitals,   See  above, 

this  title,  Charitable  Institutions. 
Orthopedic   hospitals  controlled   and  managed  by   board   of  commis- 
sioners of  state   institutions,   subject  to  limitations  prescribed   by 

law.  (Nebr.  V  19.) 
Miners'  Hospital,  New  Mexico,  confirmed  as  state  institution;  hos- 
pital to  be  managed  by  board  of  five  to  hold  office  for  four  years, 
to  be  appointed  by  governor  with  consent  of  senate,  not  more 
than  three  of  same  political  party  at  time  of  appointment;  title, 
powers  and  duties  to  be  provided  by  law.  (N.M.  XIV  1,  2,  3.) 
Insane 

For  provisions  relating  to  charitable  institutions  in  general,  and  so 
to  institutions  for  insane,  See  above,  this  title,  Charitable  In- 
stitutions. 
Administration  and  Control  of  Institutions 

State  commission  in  lunacy  to  be  provided  for  by  legislature; 
members  to  be  appointed  by  governor  with  consent  of  senate; 
to  be  removed  by  governor  for  cause  after  having  opportunity 
for  defense;  to  visit  and  inspect  all  institutions,  public  and 
private,  for  care  of  the  insane,  except  for  epileptics  and  idiots, 
to  have  other  powers  conferred  by  legislature;  this  visit  and 
inspection    not    exclusive    of    others    now    authorized    by    law. 

(X.Y.  VIII  11,  12,  13.) 
General  board  of  directors  to  consist  of  all  members  of  special 
boards  to  be  subject  to  regulations  and  requirements  pre- 
scribed by  legislature;  to  have  full  power  and  control  over 
special  boards  and  officers  and  employees  of  hospitals  to  ap- 
point superintendent  for  each  hospital,  and  remove  him  for 
misbehavior,  incapacity,  neglect  of  duty  or  acts  performed 
without  authority  of  law.  (Va.  XI  150,  151.) 

Commissioner  of  state  hospitals  for,  appointed  by  governor,  con- 
firmed by  senate,  for  four  years;  to  be  chairman  of  general 
and  special  boards  of  directors,  to  be  responsible  for  all 
money  received  by  hospitals,  to  establish  and  maintain  uni- 
form system  of  records  and  accounts  and  of  reports,  to  per- 
form other  duties  and  receive  salary  fixed  by  law.      (Va.  XI 

152.) 
Boards  of  directors  for  each  hospital,  of  three  members  for  six- 
year  term,  one  to  go  out  every  two  years,  appointed  by  gov- 


90  State  Constitutions 


CHARITIES   {Cont'd) 
Insane  (Cont'd) 

Administration  and  Control  of  Institutions    (Cont'd) 

ernor  with  advice  and  consent  of  senate,  to  manage  hospital 
under  supervision  and  control  of  general  board;  to  appoint  all 
resident  officers  except  superintendent.      (Va.  XI   149,  151.) 
Until   otherwise  provided  by   law,   governor,   treasurer   and  aud- 
itor to  constitute  board  of  insane  asylum  commissioners  to  have 
supervision  of  all  matters  connected  with  insane  asylum  as  pro- 
vided by  law.     (Utah  VII  14.) 
.Asylum  to  be  controlled  and  managed  by  board  of  five  members  to 
bold   office   for   four  years,   to  be  appointed   by  governor   with 
consent  of   senate,   not  over  three  to  belong  to   same  political 
party   at   time   of   appointment;    title,   powers   and   duties   pro- 
vided by  law.     (X.M.  XIV  3.) 
Three  directors  appointed  by  governor  subject  to  confirmation  of 
senate;  to  have  control  of  asylum  under  regulations  prescribed 
by  legislature,  to  hold  office  for  two  years ;  may  appoint  medi- 
cal  superintendent  who   appoints   assistants   with   approval   of 

directors.  (Ida.  X  6.) 
Eegents  of  state  hospital  and  superintendent  who  shall  be  physi- 
cian,  to  be  appointed  by  governor  with  advice  and  consent  of 
senate;  all  other  physicians,  officers  and  employees  to  be  ap- 
pointed by  regents  unless  otlierwise  prescribed  by  law;  governor 
may  fill  vacancies  unless  otherwise  provided  for,  and  may  re- 
move until  next  session  of  legislature  and  until  successor  ap- 
pointed and  confirmed.  (S.C.  XII  2,  S.) 
Location  of  State  Asylum  v 

Location  of  state  insane  asylum  not  to  be  changed  by  legislature, 
but  after  10  years  after  adoption  of  constitution  may  submit 
question  to  qualified  electors  at  general  election  and  majority 
of  those  voting  on  question  necessary  to  determine  location. 
Until  then  to  be  located  at  Evanston,  but  legislature  may  pro- 
vide that  insane  asylum  may  be  converted  to  other  public  uses. 

(YYyo.  VII  23.) 
Provision  for 

Legislature  to  make  provision  for.     (YV.Va.  XII  12.) 
Legislature  to  provide  by  law  for  treatment  and  care  of.      (Miss. 

IV  86.) 
Legislature  may  provide  that  indigent   insane  may  be  cared  for 

at  expense  of  the  state.     (N.C.  XT  10.) 
Legislature  to  provide  for  custody  and  maintenance  of  indigent 
lunatics  at  expense  of  state,  under  regulation  to  be  provided  by 

law.     (Tex.  XVI  54.) 
Hospital  for.  with  institution  for  feeble-minded  in  connection,  to 

be  public  institution  of  state.      (X.D.  XIX  216.) 
For  benefit  of  afflicted  inhabitants  insane  asylums  to  be  always 

fostered  and  supported.      (Mich.  XI   15.) 
Legislature  to  provide  for  support  of   institution   for  treatment 
of  insane.      (Ark.  XIX  19;  Ind.  IX  1.) 


Index  Digest  91 


CHARITIES   (Cont'd) 
Insane  (Cont'd) 

Provision  for    (Cont'd) 

Insane  hospital   to  be    charitable    institution    of    state.       (S.D. 

XIV  1.) 
New    Mexico    Insane    Asylum     confirmed   as     state     institution; 
grants  by  Congress  and  others  therefor  accepted  and  to  be  ex- 
clusively used  therefor.     (N.M.  XIV  1,  2.) 
Institutions  for  to  be  established  and  supported  by  state  in  man- 
ner prescribed  by  law.      (Ariz.  XXII  15;  Colo.  VIII  1;  Mont. 

X  1;  Utah  XIX  2.) 

Institutions  for  care  of  to  be  fostered  and  supported  by  state;  to 

be   subject  to  regulations  prescribed  by  law.      (Fla.   XIII    1; 

Kan.  VII   1;   Xev.  XIII   1;   Ohio  VII   1;   S.C.  XII   1    (1914); 

Wash.  XIII    1.) 
Institutions  for  to  be  established  and  supported  by  state  in  man- 
ner  prescribed   by   law;    legislature   for   sanitary   reasons   may 
cause  removal  to  more  suitable  localities.     (Ida.  X  1,  7.) 
Orphans  and  Abandoned  Children 

For  administration   and  control   of  charitable  institutions   in  general 
and   so   of  orphanages,  See   abore,   this   title,   Charitable  Institlt- 

tions. 
As  soon  as  practicable  measures  to  be  devised  by  state  for  establish- 
ment of  orphan  houses  where  destitute  orphans  may  be  cared  for, 
educated  and  taught  some  business  or  trade.  (X.C.  XI  8.) 
Legislature  may  grant  aid  to  institutions  conducted  for  support  of 
abandoned  children  and  of  minor  orphans  or  half-orphans  by  uni- 
form rule,  in  proportion  to  number  of  inmates;  state  to  have  power 
to  inquire  at  any  time  into  management  of  institution;  same  pro 
rata  sum  to  be  given  to  any  county,  city  and  county,  city  or  town 
supporting  orphans  as  to  institutions  under  other  control.      ( Cal. 

IV  22.) 
Paupers 

For  provisions  relating  to   cliaritable  instiiutions  in  general  and  so 
to  institutions  for  paupers,  See  above,  this  title.  Charitable  Insti- 
tutions. 
Laws  relating  to  exempted  from  provision  that  no  law  be  enacted  to 
take  effect   on   approval   of   any   other   authority  than   legislature. 

(Ky.  60.) 
Legislature  may  provide  that  indigent  be   cared   for   at  expense   of 

state.     (X.C.  XI  10.) 
State  may  provide  for  sick  or  indigent  persons.      (N.M.  IX  14.) 
Prohibition  of  donation  to  individual,  association  or  corporation  not 
to  prevent  donation  for  necessary  support  of  poor.     (N.D.  XII  185; 

S.D.  XIII  1 ;  Wyo.  XVI  6. ) 
Legislature   may   provide   for   care   of   indigent   sick   in   hospitals   in 

state.      (Miss.  IV  86.) 

Institutions  for  care  of  always  to  be  fostered  and  supported  by  state 

and  to  be  subject  to  regulations  prescribed  by  law.      (S.C.  XII   1, 

Amend.  1914.) 


92  State  Constitutions 


CHARITIES    [Cont'd) 
Paupers    {Cont'd) 

Legislature  may  grant  aid  to  institutions  conducted  for  support  of 
aged  poor  in  proportion  to  number  of  inmates,  )>y  uniform  rule, 
state  to  have  power  to  inquire  at  any  time  of  management  of  insti- 
tution; same  pro  rata  sum  to  be  given  to  any  county,  city  and 
county,  city  or  town  supporting  aged  poor  as  to  institutions  under 

other  control.     (Cal.  IV  22.) 
Legislature  to  enact  laws  to  prevent  abuses  by  those  having  care  of 
persons  who  by  reason   of  age,   infirmity  or  misfortune  may  have 
claims  on  sympathy  and  aid  of  society.    (Miss.  XIV  262.) 
Property  for  Charitable  Use 

Excepted  from  prohibition  against  perpetuities.      (Cal.  XX  9;  Mont. 

XIX  5;  Xev.  XV  4.) 
Local   or    special    law    not   to   provide   for    sale   of    property   held   for 

charitable  uses.      (W.Va.  VI  39.) 
Soldiers'  and  Sailors'  Aid,  See'  Soldiers  and  Sailors. 

CHARITIES  AND  CORRECTIONS 

In  this  title  arc  digested  provisions  relating   to  system  of  charities  and 

corrections  as  a  whole. 
For  provisions  relating   to  charities,   Sec  Charities. 
For  provisions  relating  to  penal  institutions.  Sec  Penal  Institutions. 
For  provisions  relating  to  state  institutions  in  general  and  so  to  chari- 
table and  correctional  institutions.  See  State  Institutions. 
Administration 

Board  of  public  charities  to   superintend  charitable  and  penal  state 

institutions.  (N.C.  XI  7.) 
Charitable  and  penal  institutions  provided  for  in  constitution  to  be 
under  control  of  state  board  of  charities  and  correction,  under  re- 
striction provided  by  legislation.  (S.D.  XTV  2.) 
State  board  of  charities  and  reform  to  supervise  generally  chari- 
table, reformatory  and  penal  institutions  of  state,  including  those 
of  territory  in  operation  on  adoption  of  constitution.      (Wyo.  VII 

18,  19.) 
Board   of   commissioners  of  state   institutions  subject   to   limitations 
prescribed   by   law  to   control   and   manage  all   charitable,   reform- 
atory and  penal  institutions  established  and  maintained  by  law  in 

the  state.  (Nebr.  V  19.) 
State  board  of  charities  to  visit  and  inspect  all  institutions,  state, 
county,  municipal,  incorporated  or  not  incorporated,  of  charitable, 
eleemosynary,  correctional  or  reformatory  character  except  reform- 
atories in  which  are  confined  adult  males  convicted  of  felony,  insti- 
tutions for  detention  of  sane  adults  charged  or  convicted  of  crime 
or  detained  as  witnesses  or  debtors,  or  for  the  care  and  treatment 
of  insane;  existing  laws  relating  to  institutions  to  remain  in  force 
till  modified  by  legislature;  this  visit  and  inspection  not  to  be  ex- 
elusive  of  other  now  authorized  by  law.  (X.Y.  V1TI  11,  13.) 
Duties  of  hoard  to  lie  strictly  visitorial;  to  visit  and  inspect  6tate, 
parish  or  municipal  institutions  of  a  charitable,  eleemosynary,  cor- 


Index  Digest  93 


CHARITIES  AND   CORRECTIONS    [Cont'3) 

Administration    ( Cont'd ) 

sectional  or  reformatory  character  and  private  institutions  of  Like 

character  used  or  aided  by  parochial  or  municipal  authority,  and 

private  insane  asylums  whether  so  aided  or  not.     (La.  295.) 

Commissioner  of,  to  investigate  system  of  charities  and  corrections, 

conditions  and  management  of  prisons,  jails,  almhouses,  reform  and 

industrial  schools,  hospitals,  orphanages  and  all  public  and  private 

retreats  and  asylums  deriving  support  wholly  or  in  part  from  state 

or  municipality.     (Okla.  VI  28.) 
Administrative  Authority 

Legislature  at  first  session  to  appoint,  and  define  duties  of,  board  of 
public  charities  who  annually  report  to  governor  with  suggestions. 

(NX.  XI  7.) 

State  board  of  charities,  members  to  be  appointed  by  governor  with 
consent  of  senate ;  to  be  removed  for  cause  by  governor  after  op- 
portunity to  be  heard;  legislature  may  confer  additional  powers. 
Commissioners  now  in  office  to  remain  for  term  of  appointment 
unless  legislature  provide  otherwise.     (X.Y.  VIII  11,  12,  15.) 

State  board  of  charities  and  reform,  powers  and  duties  to  be  pre- 
scribed by  law.     (Wyo.  VII  18.) 

Board  of  three  commissioners  of  state  institutions  not  more  than  two 
to  belong  to  same  political  party,  and  no  two  of  whom  to  reside  in 
same  congressional  district,  to  be  appointed  by  governor  with  con- 
sent of  two-thirds  of  senate.  The  board  to  give  bonds,  receive  com- 
pensation, perform  duties  and  comply  with  regulations  as  pre- 
scribed by  law.     (Nebr.  V  19.) 

Board    of   charities    and   corrections   of   five   members    appointed    by 

governor  with  consent  of  senate;  compensation  fixed  by  law.     (S.D. 

]  XIV  1,2.) 

Board  of  charities  and  corrections  to  consist  of  six  members  appointed 
by  governor  for  six  years  with  governor  as  ex-offjcio  chairman,  to 
serve  without  compensation;  may  elect  secretary  at  salary  pre- 
scribed by  law;  to  report  annually  to  governor  and  to  legisla- 
ture at  each  session  and  to  make  suggestions  if  concurred  in  by 
majority  of  members  of  board  in  control  of  each  institution.      (La. 

295  i 

Commissioner  of  charities  and  corrections  elected  in  same  manner 
and  for  same  term  as  governor;  to  be  of  either  sex;  at  least  l~y 
years  old  and  possess  other  qualifications  required  of  governor; 
may  summon  witnesses  and  documents  and  administer  oaths;  full 
report  of  investigation  with  testimony  to  be  given  to  governor;  trans- 
mitted to  legislature;  report  of  operations  of  office  to  be  made  to 
governor  on  October  1st;  legislature  may  alter,  amend  or  add  to 
powers  and  duties;  to  receive  at  stated  times  compensation  of  $1,500 
annually  till  otherwise  provided  by  law.  not  to  be  increased  or  di- 
minished during  term  for  which  elected,  not  to  receive  to  own  use 
fees,  costs  or  perquisites  of  office  or  other  compensation;  to  keep 
office  and  public  records  at  seat  of  government  and  perform  duties 
designated  in  constitution  or  prescribed  by  law.      (Okla.  VI   1,  27, 

30,  34,  Sched.   15  ) 


94  State  Constitutions 


CHARITIES  AND   CORRECTIONS    (Cont'd) 
Support  of 

State  may  engage  in  agriculture  in  support  of  its  penal  and  chari- 
table institutions.      (Okla.  II  31.) 
Legislature  and  board  of  public  charities  to  keep  in  view  that  penal 
and  charitable  institutions  should  be  as  nearly  self-supporting  as  is 
consistent  with  purposes  of  creation.     (X.C.  XI  11.) 
Nothing  in  constitution  to  prevent  provision  for  "  care,  support,  main- 
tenance and  secular  education  of  inmates  of  orphan  asylums,  homes 
for  dependent  children  or   correctional   institutions  whether  under 
public   or   private   control  :-"   by   counties,   cities,   towns  or   villages. 

(X.Y.  VIII  14.) 
Legislature  may  authorize  but  not  require  counties,  cities,  towns 
and  villages  to  make  payments  to  "  charitable,  eleemosynary,  correc- 
tional and  reformatory  institutions  wholly  or  partly  under  private 
control,  for  care,  support  and  maintenance";  but  only  for  inmates 
received  and  retained  pursuant  to  rules  of  state  board  of  charities, 
which  rules  are  subject  to  legislative  control  by  general  laws.     (X.Y. 

VIII  14.) 
CHILDREN 

tiee  also  Minors. 

Orphans,  See  Charities  —  Orphans  and  Abandoned  Children. 

Adoption  not  to  be  authorized  by  local,  private  or  special  law.     (Ala.  IV 

104;  Ark.  V  24;  Cal.  IV  25;   Fla.  Ill  20;  Ida.  Ill  19;   Ky.  59:  La.  48; 

Minn.  IV  33:  Miss.  IV  90;  Mo.  IV  53;  Mont.  V  26;  X.M.  IV  24;  X.D. 

II  69;  Okla.  V  46;  Pa.  Ill  7;   S.C.  Ill  34;   Tex.  Ill  56;   Wash.  II  28; 

Wyo.  Ill  27.) 
Xot  to  be  adopted  or  legitimated  by  legislature,  but  power  to  be  conferred 

on  courts  by  general  laws.      (Tenn.  XI  6.) 
Legitimation  not  to  be  authorized  by  local,  private  or  special  law.     (Ala. 
IV  104;  Ark.  V  24;  Cal.  IV  25;  Fla.  Ill  20;  Ida.  Ill  19;  Ky.  59;  La. 
48;  Minn.  IV  3.3;   Miss.  IV  90;   Mo.  IV  53;   Mont.  V  26;   X.M.  IV  24; 
N.D.  II  69;  Okla,  V  46;  Pa.  Ill  7;   S.C.  Ill  34;  Tex.  Ill  56;   Wyo.  Ill 

27.) 
Xot   to   be   legitimated   by   private   law,   but  general   law   may    regulate. 

(X.C.  II  11.) 
Legislature  to  have  no  power  to  change  names  of  legitimate  children,  but 
shall  prescribe  by  law  manner  in  which  such  power  shall  be  exercised 
by  courts.  (Ga.  Ill  Sec.  VII  18.) 
Prohibition  of  grant  by  state  to  association,  corporation  or  private  under- 
taking not  to  prevent  legislature  from  making  provision  for  education 
and  support  of  juvenile  delinquents  as  seems  proper  to  it.      (X.Y.  VIII 

9,  14.) 
Juvenile  courts  established,  with  great  detail.  (La.  118.) 
No  police  pfneer,  sheriff,  probation  officer  or  other  peace  officer  arresting 
a  child  in  the  commisison  of  a  violation  of  any  of  the  provisions  of  this 
constitution,  or  under  any  other  circumstances  to  place  said  child  in 
any  police  station,  jail  or  other  lockup  or  book  said  child  in  any  police 
station,  or  jail,  with  any  offense,  or  make  any  record  in  said  station  or 


Index  Digest  95 


CHILDREN    (Cont'd) 

jail  of  such  arrest;  and  any  officer  violating  any  of  the  terms  of  this 
article  to  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  fined  in  a  sum  not  exceeding  $100.     (La.  118,  4.) 

General  trial  court  to  have  exclusive  original  jurisdiction  in  matters  af- 
fecting dependent,  neglected,  incorrigible  or  delinquent  children  or 
children  accused  of  crime,  under  the  age  of  18  years.  Judges  must 
hold  examinations  in  chambers  of  all  such  children  concerning  whom  pro- 
ceedings are  brought  in  advance  of  criminal  prosecution  and  may  sus- 
pend criminal  prosecution  for  any  offenses  committed  by  such  children. 
Powers  of  judge  to  control  children  as  prescribed  by  law.     (Ariz.  VI  6.) 

In  counties  and  cities  and  counties  having  population  exceeding  100,000 
exclusive  original  jurisdiction  in  cases  involving  minors  and  persons 
whose  offenses  concern  minors,  may  be  vested  in  separate  court.     (Colo. 

VI  1.) 

Legislature  may  establish  juvenile  courts.     (N.M.  VI  1.) 

For  reformatories,  See  Penal  Institutions  —  Reformatories  —  Estab- 
lishment and  Support. 

For  children  in  prison,  See  Penal  Institutions  —  Prisons  —  Inmates. 

CIRCUIT  COURTS,  See  Courts  —  General  Trial  Courts. 

CITIES 

Under  this  title  are  digested  all  provisions  relating  specifically  to   this 
class  of  municipalities.     For  provisioiis  relating  to  municipalities  gen- 
erally, and  hence  to  this  class,  See  Municipalities. 
Incorporation  and  Organization 

For  provisions  relating  to  poicer  of  city  or  combined  city  and  county 
to   frame   its   charter,   See   Municipal   Home    Rule  —  Power   of 
Municipality  to  Frame  Its  Charter. 
For  provisions  relating  to  initiative  and  referendum,  See  Initiative 

and  Referendum. 
In  General 

Legislature  to  constitute  by  law.      (Vt.  Ch.  2  Sec.  6.) 
Legislature  to  provide  for  organization.     (X.Y.  XII  1;  N.C.  XIII 

4;    Wis.    XI    3.) 

Legislature  to  provide  for  organization  by  general  laws.      (Ark. 

XII   3;   Colo.  XIV   13;   Kan.  XII  5;   Mo.  IX  7;   Xev.  VIII  8; 

Ohio  XIII  6.) 
Legislature  to  provide  for  incorporation  by  general  law.     (Mich. 

VIII  20;  Ohio  XVIII  2.) 

Municipal  corporations  with  population  over  5,000  are  classified 

as  cities  and  all  others  as  villages.     Method  of  transition  from 

class  to  class  to  be  regulated  by  law.      (Ohio  XVIII  l.)j 

Legislature    to    provide    for    incorporation    and    organization    by 

general  laws  subject  to  provisions  of  this  article.      (Ariz.  XIII 

1:  Old:..  Will  1.) 
Legislature   to    provide    for    incorporation    and    organization    by 
general    laws    which    may    be    altered,    amended,    or    repealed. 
(Cal:  XI  6;  Utah  XI  5;  Wash.  XI  10.) 


96  State  Constitutions 


CITIES    (Cont'd) 

Incorporation  and  Organization   {Cont'd) 
In  General    [Cont'd) 

Legislature  to  provide  for  incorporation  and  organization  by 
general  laws  which  may  be  altered,  amended  or  repealed  by 

general  laws.     (Ida.  XII  1.) 
Legislature  required  to  pass  within  time  fixed  by  constitution 
general   laws  for  government  of  cities  in  accordance  with  con- 
stitution.     (Ky.  166.) 
Special    or    local     legislation    for     incorporation    of,    forbidden. 
(Ala.   IV    104;    Ariz.   IV    19,    17;    111.    IV   22;    Iowa   III    30; 
Minn.   IV  33;    Mo.   IV  53;    Nebr.   Ill    15;    N.M.   IV  24;    N.D. 

II  69;   Okla.  V  46;   Pa.  Ill  7;  S.C.  Ill  34;   S.D.  Ill  23;   Tex. 

Ill  56;  Wyo.  Ill  27.) 
Special  or  local  legislation  for  amendment  of  charters,  forbid- 
den.    (Ariz.  IV  19;  111.  IV  22;  Mo.  IV  53;  Nebr.  Ill  15;  N.M. 
IV  24;  N.D.  II  69;  Okla.  V  46;  Pa.  Ill  7;   S.C.  Ill  34;   S.D. 

III  23;   Tex.   Ill  56;    Wyo.   Ill  27.) 

Private  or  special  legislation  for  incorporation  or  amendment 
of  charter  forbidden.      (Wis.  IV  31.) 

Private  or  special  legislation  for  amendment  of  charters,  forbid- 
den.     (Utah  VI  26,  12.) 

Cities  having  5,000  population  or  less  "  may  be  chartered  alone 

by  general  law".      (Tex.  XI  4.) 

Legislature,  or  people  by  initiative  may  enact  general  law  pro- 
viding method  whereby  incorporated  city  may  surrender  its 
charter  and  be  merged  into  adjoining  city,  provided  majority 
of  electors  of  each  incorporated  city,  town  or  municipal  cor- 
poration affected  authorize  such  surrender  or  merger.      (Ore. 

XI  2a.) 

By  local  or  special  legislation  in  those  containing  population  of 
less  than  2,000  incorporation  and  amendment  of  charters  for- 
bidden.     (W.Va.  VI  39.) 

Until  otherwise  provided  by  law  cities  incorporated  under  terri- 
tory to  "  continue  their  corporate  existence  under  the  laws 
extended  in  force  in  the  state";  valid  ordinances  to  continue 
in   force  until   altered,   amended   or   repealed.      (Okla.   Sched. 

10.) 

Cities  existing  under  special  charter  time  adoption  of  constitu- 
tion may  be  reorganized  under  general  laws  and  when  so  re- 
organized  special  charters  to  cease.    (S.C.  VIII  1.) 

Cities  existing  under  special  charters  or  general  laws  of  terri- 
tory may  abandon  charter  and  reorganize  under  general  laws 

of  state.      (Wyo.  XIII  1.) 

Those  organized  prior  to  adoption  constitution  may  organize 
under  general  laws  passed  for  that  purpose  whenever  majority 
of  electors  voting  at  general  election  so  determine,  "and  shall 
organize  in  conformity  therewith".     (Cal.  XI  6.) 

Legislature  to  make  provision  by  general  law  whereby  cities  in- 
corporated  by   special   or  local   law  may  elect  to  become  sub- 


* 


I.xdk.x   Digest  i>7 


CITIES   {Cont'd) 

Incorporation  and  Organization    (Cont'd) 
In  General    [Cont'd) 

ject  to  and  be  governed  by  general  law  relating  to  such  cor- 
porations.     (Colo.  XIV    14;   Mo.  IX  7.) 

Cities  incorporated  prior  to  adoption  of  constitution  may  be- 
conie  organized  under  general  laws  for  incorporation,  organi- 
zation and  classification  of  cities  whenever  majority  electors 
at  general  election  shall  determine  under  provision  therefor 
made  by  legislature.      (Ida.  Xll   1.) 

All  acts  of  incorporation  and  amendments  prior  to  constitution 
except  that  respecting  election  of  officers  as  provided  by  the 
constitution  to  continue  in  force  until  legislature  provides  by 
general  law  for  government  of;  and  time  limit  fixed  within 
which  legislature  required  to  provide  therefor  by  general  laws. 

'   (Ky.   166.) 

General  laws  to  be  passed  to  provide  for  government;  and  addi- 
tional laws  may  be  passed  for  government  of  municipalities 
which  adopt  same;  but  no  such  additional  law  shall  become 
operative  in  any  municipality  until  submitted  to  electors 
thereof  and  affirmed  by  majority  of  those  voting  thereon  under 
regulation  established  by  law.      (Ohio  XVIII  2.) 

Adoption  of  general  laws  by  those  previously  organized  or  in- 
corporated authorized  when  majority  of  electors  voting  at 
general  election  shall  so  determine  "  and  shall  organize  in 
conformity   therewith''.      (Wash.    XI    10.) 

Organization  of  each  crass   to  be   provided   for  by  general   laws 
"  so  that   all  municipal   corporations   of  the   same   class   shall 
possess  the  same  powers  and  be  subject  to  the  same  restric- 
tions ".      (Ky.   156.) 

Legislature  to  pass  general  laws  under  which  cities  may  be 
chartered  and  charters  amended;  all  of  which  are  subject  to 
repeal  and  amendment.      (.Miss.  IV  88.) 

'"May  be  chartered"  when  majority  of  electors  of  town  or  bor- 
ough of   10,000  population   shall   vote  in   favor  of   at   general 

election.     (Pa.  XV  1.) 

Not  to  be  organized  without  consent  of  majority  of  electors  re- 
siding and  entitled  to  vote  within  district  proposed  to  lie 
incorporated.  Such  consent  to  be  ascertained  in  manner  and 
under  regulations  prescribed  by  law.     (S.C.  VIII  2.) 

Legislature  may,  subject  to  specified  conditions,  pass  local. 
special  or  general  law  providing  charter  or  scheme  of  local, 
municipal  government  for  Chicago.  Legislature's  charter  may 
consolidate  with  the  city  government  the  powers  previously 
vested  in  the  city,  board  of  education,  township,  park  and 
other  local  governments  and  authorities  having  jurisdiction 
confined  to  or  within  territory  of  Chicago,  or  any  part  thereof 
and  provide  for  assumption  by  city  of  debts  and  liabilities 
of  the  government  or  corporate  authorities  whose  functions 
shall  be  vested  in  the  city.      (111.   IV  34.) 

4 


98  State  Constitutions 

CITIES    (Cont'd) 

INCORPORATION    AND    ORGANIZATION     (Cont'd) 
In  General    (Cont'd) 

General  annexation  and  consolidation  statutes  to  apply  to  city 
and  county  of  Denver  same  as  to  city  if  it  had  not  been  con- 
solidated with  county.  Contiguous  towns,  city  or  territory 
subsequently  annexed  to  or  consolidated  with  city  or  county 
under  laws  of  state  to  be  detached  from  county  in  which 
located  and  become  "a  municipal  and  territorial  part  of" 
city  and  county  with  all  its  property.      (Colo.  XX  1.) 

All  incorporated  communities  having  population  more  than  5,000 
within  defined  boundaries  to  be  cities.  In  determining  popula- 
tion, legislature  to  be  governed  by  last  United  States  census 
or  other  enumeration  under  its  own  authority.  Legislature 
to  enact  general  laws  for  organization  and  government  of 
•  ities,  and  no  special  act  to  be  passed  in  relation  thereto 
except  in  manner  provided  in  article  IV,  and  then  only  by 
recorded  vote  of  two-thirds  of  members  elected  to  each  house, 
and  except  in  case  of  cities  having  more  than  50,000  in- 
habitants. But  each  city  having  at  time  of  adoption  of  this 
amendment  a  municipal  charter  may  retain  same  except  so  far 
as  it  may  be  repealed  or  amended  by  legislature,  provided  that 
every  such  charter  is  hereby  amended  to  conform  to  this  con- 
stitution. Legislature  may,  however,  depart  from  form  of 
organization  or  government  prescribed  in  this  article  and  pro- 
vide such  forms  of  municipal  government  as  it  deems  best, 
lint  no  such  form  to  beco"me  operative  except  in  cities  adopting 
by  vote  of  qualified  electors.  Laws  or  charters  enacted  pur- 
suant to  provisions  of  this  section  to  be  subject  to  provisions 
of  constitution  relating  to  judges,  the  clerks  of  courts,  attor- 
neys   of    commonwealth,    commissioners    of    revenue    and    city 

.   treasurers   and   sergeants.      (Va.   VIII    lit),    117.)     ) 

Local    or    special    legislation    changing    the    lines    of,    forbidden. 

(Minn.  IV  33.) 
Classification 

Legislature  by  general  laws  to  provide  for  classification  in  pro- 
portion   to    population    subject    to    provisions    of    this    article. 

(Ariz.  XIII  1;  Okla.  XVIII  1.) 

Legislature  may  provide  for  classification  by  general  law.      (Ark. 

XII  3.) 

Legislature  to  provide  by  general  laws  for  classification  in  pro- 
portion to  population,  which  laws  may  he  altered,  amended  or 
repealed.     (Gal.  XI  <*,;   Utah  XI  5;  Wash.  XI  10.) 

Legislature  to  provide  for  classification  by  general  laws  in  pro- 
portion  to  population,  which  laws  may  be  altered,  amended  or 
repealed  by  general  laws.     (Ida.  XIT  1.) 

Legislature  to  provide  for  classification  by  general  law,  number 
of  classes  not   to  exceed  four.      (Colo.  XIV   13;   Mo.  IX  7.) 

'■  For  the  purposes  of  their  organization  and  government"  cities 
and  towns  to  be  divided  into  six  classes:      1st  class,  cities  of 


Indk.v   Digest  99 


CITIES    (Cont'd) 

I.N  CORPORATION   AND   ORGANIZATION     (Cont'd) 

Classification   ( Cont'd ) 

100,000  or  more;  2nd  class,  cities  of  20,000  and  Less  than 
100,000;  3rd  class,  cities  and  towns  with  8,000  and  less 
than  20,000;  4th  class,  cities  and  towns  with  3,000  and  less 
than  8,000;  5th  class,  cities  and  towns  with  1,000  and  less 
than  3,000;  6th  class,  towns  with  less  than  1,000.  Legisla- 
ture to  assign  new  cities  to  proper  classes  at  first  session 
after  their  organization  and  change  as  population  increases  or 
decreases;  and  in  absence  of  other  satisfactory  evidence  of 
population  to  be  governed  by  last  United  States  census;  and 
no  transfer  from  one  class  to  another  to  be  made  except  by  law 
previously  passed  and  providing  therefor.      (Ky.   15(5.) 

Application  of  general  laws  relating  to  cities  may  be  limited  to 
cities  of  over  50,000,  or  to  cities  of  50,000  and  nut  less  than 
20,000,  or  to  cities  of  20,000  and  not  less  than  10,000,  or  to 
cities  of  10,000  or  less.      (Minn.  IV  36.) 

First  class,  175,0(10  or  more;  second  class,  50,000  and  less  than 
175,000;  third  class,  all  other  cities.  To  be  determined  ac- 
cording to  the  latest  state  enumeration.     (X.Y.  XI I  2.) 

Legislature  may  classify  cities  by  population  for  purposes  of 
this  article;  but  maximum  population  for  any  class  shall  ex- 
ceed minimum  for  same  class  by  at  least  10,000.  Legislature 
may  at  request  of  any  city  having  population  more  than 
50,000  grant  special   form  of  government  for  such  city.     ( \'a. 

VIII  117.) 
Relation  to  County  Government 

Legislature  may  provide  by  general  laws  for  performance  by 
county  officers  of  certain  municipal  functions  of  incorporated 
cities  when  majority  of  electors  such  city  voting  at  general 
or  special  election  so  determine.      ('Gal.  XI  6.) 

Cities  framing  their  own  charters  may  by  provision  therein  or 
amendment  provide  for  performance  by  county  officers  of  cer- 
tain municipal  functions  when  discharge  of  such  functions  is 
authorized  by  general  law  or  by  county  charter  framed  under 

constitution.      (Cal.  XI  6.) 

"City  and  county  governments  may  be  merged  and  consolidated 
into  one  municipal  government  with  one  set  of  officers  "  and 
incorporated  under  general  laws  providing  for  organization  of 
corporations  for  municipal  purposes.  In  such  case  provisions 
of  constitution  applicable  to  counties,  so  far  as  not  incon- 
sistent or  prohibited  to  cities,  also  those  applicable  to  cities, 
to  be  applicable  to  consolidated  government.      (Cal.    XI   7.) 

City  of  Denver  with  part  of  county  and  those  municipal  corpo- 
rations included  within  city's  boundaries  as  existing  time 
amendment  to  constitution  takes  effect  consolidated  and  de- 
clared to  be  "single  body  politic  and  corporate"  by  name 
"city  and  county  of  Denver";  property  of  former  city  and 
municipal  corporation  transferred  thereto;  also  all  property 
of  county  merged ;  "  city  and  county  "  to  assume  and  manage 


100  Sl'ATK    CONSTITUTIONS 


CITIES   (Cont'd) 

Incorporation  and  Organization  {Cont'd) 
Relation  to  County  Government    {Cont'd) 

all  trusts,  succeed  to  rights  and  liabilities,  assume  and  pay 
bonds,  obligations  and  debts  of  former  cities  and  county; 
general  corporate  powers  specified.      (Colo.  XX  1.) 

Legislature  may  organize  city  of  100,000  into  separate  county 
without  regard  to  geographical  extent  if  majority  of  electors 
of  city  and  the  balance  of  county  voting  on  question  shall  each 

approve.      (Mich.  VIII  2.) 

Legislature  may  organize  city  of  20,000  into  separate  county 
without  reference  to  geographical  extent  when  majority  of 
electors  of  county  in  which  such  city  is  located  voting  on  the 
proposal  favor  such  separate  organization.      (Minn.  XI  2.) 

In  those  having  city  of  over  100.000  inhabitants  "  the  city  and 
county  government  thereof  may  be  consolidated  "  in  manner 
provided  by  law.      (Mo.  IX   15.) 

Powers  or  duties  of  board  of  supervisors  "  may  devolve  upon 
the  municipal  assembly,  common  council,  board  of  aldermen 
or  other  legislative  body  of  the  city".      (N.Y.  Ill  26.) 

"  For  county  governmental  purposes  "  city  is  separated  from 
remainder  of  county;  city  not  to  participate  in  election  of 
commissioners   of   fiscal   court    (county   commissioners).     (Ky. 

144.) 
Legislative  Department 

Legislative  board  or  council  to  be  elected  by  qualified  voters 
thereof;  in  case  of  cities  of  first  and  second  class  divided  into 
wards,  members  of  council  to  be  elected  at  large  by  qualified 
voters  but  so  selected  that  equal  number  thereof  shall  reside 
in  each  ward;  and  when  in  any  city  of  first,  second  or  third 
class  there  are  two  legislative  boards  the  less  numerous  shall 
-be  selected  from  and  elected  by  voters  at  large  of  city.  Term 
of  members  to  be  two  years  and  until  qualification  of  successor. 

(Ky.   160.) 

Councils  of  Baltimore  to  consist  of  two  branches,  known  as  first 
branch  and  second  branch,  each  to  have,  such  number  of  mem- 
bers and  to  perform  such  duties  and  possess  such  powers  as 
prescribed  by  law.  Members  of  both  branches  to  have  qualifi- 
cations of  mayor  or  as  prescribed  by  law;  to  be  elected  on 
dates,  and  have  terms  fixed  by  constitution  or  prescribed  by 
law;  to  receive  such  compensation  as  provided  by  law;  and 
not  to  hold  during  torn  any  other  office  of  profit  or  trust 
under  ordinance  or  law  relating  to  city  or  any  position,  the 
compensation  of  which  is  paid  directly  or  indirectly  out  of  the 
city  treasury.  Details  as  to  regular  and  special  sessions. 
Ordinances  in  force  at  time  adoption  constitutional  provision 
and  not  inconsistent  therewith  continued  until  changed  in  due 
course.     Legislature  may  change.      ( Md.  XI  2,  3,  4,  5,  8,  0.) 

All  limitations  of  powers  of  councils  imposed  by  this  article  to 
apply    in    like  manner   to  principal   legislative  authority  under 


Tm>kx    Digest  101 


CITIES   {Cont'd) 

Incorporation  and  Organization  (Con I'd) 
Legislative  Department    (Con I'd) 

any  form  of  government  authorized  hereunder,  and  term 
council  to  be  construed  to  include  any  body  vested  with 
principal  legislative  authority  of  municipality.  In  every  city 
there  shall  be  a  council  of  two  branches  having  different  number 
of  members,  except  that  in  cities  under  10,000  legislature  may 
permit  council  to  consist  of  one  branch.  Legislature  to  be 
elected  by  qualified  voters  and  manner  of  election,  powers  and 
duties  to  be  prescribed  by  law.  No  member  to  be  eligible 
during  bis  tenure  of  office  or  for  one  year  thereafter  to  any 
office  filled  by  council,  by  election  or  appointment.  Council 
may  increase  or  diminish  number  of  and  change  boundaries 
of  wards,  and  shall  in  11103  and  every  tenth  year  thereafter 
reapportion  the  representation  in  council  among  the  wards 
and  on  failure  to  do  so  may  be  compelled  by  mandamus. 
Councils  to  be  elected  on  second  Tuesday  in  June  and  terms  to 
begin  on  first  day  of  September  succeeding.  Legislature  may 
chance  time  of  election  subject  to  certain  limitations.  Mayor 
to  have  power  to  veto  ordinances  and  also  particular  items 
of  appropriation  ordinances.  I  Detailed  provisions  for  number 
of  votes  necessary  to  pass  ordinances  and  to  repass  ordinances 
over  veto.)  (Va.  VIII  117.  121.  122.  123.) 
Officers 

See  also  Pvpi.tc  Officers. 

See  also  beloir.  this  title,  Corrupt  Prvctices. 

In  General 

Officers  of  city  and  county  of  Denver  to  be  such  as  by  appoint- 
ment or  election  may  be  provided  for  ''by  the  charter".  Juris- 
diction, terms,  duties  and  qualifications  to  lie  as  in  charter 
provided.  If  such  officers  receive  any  compensation  same  to 
be  received  as  stated  salary  in  amount  to  be  fixed  by  charter 
and  paid  out  of  treasury  monthly.  (Colo.  XX  2.) 
Special)  provisions  in  case  amendment  providing  for  consolida- 
tion of  city  and  county  of  Denver  be  adopted  respecting  merger 
and   terms   of   existing   officers    and   their    interim    powers   and 

duties.     (Colo.  XX  2.) 
Legislature  may  abolish   all   offices  in  Chicago;   the  functions  of 
which  shall  be  otherwise  provided  for.      (111.  IV  34.) 
Accounting  for  Public  Funds 

To  be  required  by  law  to  keep  account  of  and  pay  into  proper 
treasury  all  fees  collected,  and  officer  whose  duty  it  is  to 
collect  shall  be  made  responsible  under  his  bond  for  neglect 
to  collect.  (Utah  XXI  2:  Wyo.  XIV  2.) 
Legislature  to  provide  for  examination  of  books,  accounts  and 
statements  of  city  officers  charged  with  collection  and  dis- 
bursement public  funds.  (Va.  VII  115.) 
Appointment 

Local  or  special  legislation  relating  to  appointment  of,  forbidden. 

(Minn.  IV  23.) 


102  State  Constitutions 


CITIES    (Cont'd) 

Officers  (Cont'd) 
Compensation 

See  also  below,   this  title,  Finances  —  Expenditures,  Restric- 
tions Upon  —  Extra  Compensation  to  Officers. 
Compensation  not  to  be  increased  after  election  or  during  term. 

(Cal.  X  9.) 
Compensation  not  to  be  changed  after   election   or  appointment 

or  during  term.      (Ky.   161.) 
Compensation  not   to  be   increased   or   diminished  after   election 

or   during  term.      (Wash.  XI   8.) 
To    be    paid    fixed    and    definite    salaries     (except    constables). 

(Utah  XXI  1.) 

To  be  paid  "  fixed  and  definite  salaries  " ;   legislature  to  fix  if 

not   fixed   by   constitution   and   to  be   "  in    proportion    to   the 

value  of  services  rendered  and  the  duty  performed".      (Wyo. 

XIV  1.) 
No  city  officer  to  receive  for  salary,  fees  and  perquisites,  more 
than  $5,000  "  net  profits  per  annum  in  par  funds  "  and  sums 
in  excess  of  this  amount  to  be  paid  into  city  treasury  as 
directed  by  "appropriate  legislation".  (Ark.  XIX  23.) 
In  cities  having  population  of  75,000  or  more  sheriff,  jailers 
and  marshals  (?)  to  be  paid  out  of  state  treasury  by  salary 
fixed  by  law;  but  salaries  of  such  officers  and  their  deputies 
and  necessary  office  expenses  not  to  exceed  75  per  cent,  of 
fees   collected   by   them    respectively   and    paid   into   treasury. 

(Ky.  106.) 
Compensation   of   commissioner   of   revenue   to  be   prescribed  by 

law.      (Va.   VIII    119.) 
Local  or  special  legislation  fixing  or  relating  to  compensation  or 
salary  of,  forbidden.      (Minn.  IV  23.) 
Corrupt  Practices,  Sec  beloiv,  this  title,  Corrupt  Practices. 
Creation  of  Offices 

Local   or    special    legislation    creating    offices,    forbidden.       (Cal. 
IV  25;   Ida.  Ill  19;   Minn.  IV  33;   Mo.  IV  53;   Mont.  V  26; 
N.D.  II  69;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56;  Wyo.  Ill  27.) 
Election 

See  also  Elections. 

Special  or  local  legislation  providing  for  election  of  members  of 

boards  of  supervisors  forbidden.      (111.  IV  22;   N.D.  II  69.) 
Chief  executive  to  be  elected  by  qualified  voters.      (Ky.  160.) 
Electors   of   city   of   New   Orleans   or   any   political    corporation 
within  its  limits  to  have  right  to  choose  public  officers  charged 
with  exercise  of  police  power  and  administration  of  affairs  of 
said  corporation.     Provision  not  to  apply  to  Board  of  Liquida- 
tion  of  City  Debt  nor  to  specified  kinds  of  boards  and  com- 
missions.     (La.  319.) 
Details   as  to  qualifications  of  electors  of  mayor  of   Baltimore, 
time   and   manner    of   election,    all    of   which   legislature   may 

change.      (Md.  XI    1,  9.) 


Index   Digest  103 


1TIES    (Cont'd) 

Officers   {Cont'd) 

Election   (Cont'd) 

Qualified  electors   in   state  resident  for  six  months  in  city   prior 
to   election   to  be   qualified   to  vote   for   mayor.      ('lex.   VI   3.) 
In  every  city  there  shall  be  elected  as  provided  by  law  one  com- 
missioner of  revenue,  one  city  treasurer,  one  city  sergeant  and 

.  a  mayor.      (Va.  VIII    119,  120.) 
Mayor  to  be  elected  on  second  Tuesday  in  June.     Legislature  may 
change  except  that  election  of  mayor  shall  not  occur  at  same 
time  with   election    of   other   elective  officers   provided   by   con- 
stitution.     (Va,  VIII  122.) 

Fees  0 

Local    or    special    legislation    fixing   or    relating   to    fees    of,    for- 
bidden.     (Minn.   IV   23.) 
Place  of  Office 

To  keep  at  such  place  in  city  as  prescribed  by  law.      (Ky.  234; 

Ore.  VI  8.) 
Powers  and  Duties 

Shall  perform  such  duties  as  prescribed  by  law.  (Ore.  VI  8.) 
Mayor  to  be  chief  executive  officer  and  to  see  that  dutiesi  of 
various  city  officers  and  members  of  police,  and  fire  depart- 
ments are  faithfully  performed.  To  have  power  to  investigate 
their  acts,  have  access  to  books  and  documents  and  to  examine 
them  and  their  subordinates  on  oath,  but  evidence  so  given 
by  any  persons  not  to  be  used  against  them  in  criminal  pro- 
ceedings. To  have  power  to  suspend  and  remove  such  officers, 
and  the  members  of  police  and  fire  departments  as  provided 
by  legislature,  but  no  removal  to  be  made  without  notice  and 
opportunity  to  be  heard  or  without  right  to  appeal  to  court. 
To  have  all  other  powers  and  duties  conferred  upon  him  by 
general  law.  Duties  of  commissioner  of  revenue  and  city 
sergeant  to  be  prescribed  by  law.  (Va.  VIII  119,  120.) 
Local  or  special  legislation  prescribing  powers  and  duties  of 
forbidden.  (Cal.  IV  25;  Ida.  Ill  19;  Min'n.  IV  33;  Mo.  IV  53; 
Mont.  V  26;  N.D.  II  69;   Okla.  V  46;  Pa.  Ill  7;   Tex.  Ill  56; 

Wyo.  Ill  27.) 
Qualifications  and  Disqualifications 
In  General 

Legislature  to  prescribe  qualifications.  (Ky.  160.) 
Qualifications  of  mayor  of  Baltimore:  "person  of  known 
integrity,  experience  and  sound  judgment";  25  years  of 
age;  citizen  of  United  States;  five  years  resident  of  city; 
assessed  with  property  in  the  city  to  amount  of  $2,000 
on  which  paid  taxes  for  two  years,  all  of  which  legislature 

may  change.    (Md.  XI  1,  9.) 
Any   person    qualified    to    vote    at   general    elections   to   be 
eligible  to  any  office,  subject  to  such  additional  qualifica- 
tions as  may  be  prescribed  by  legislature  for  city  offices. 

(Mont.   IX    11.) 


104  State  Constitutions 


CITIES    (Cont'd) 

Officers    {Cont'd) 

Qualifications  and  Disqualifications    {Cont'd) 
In  General   (Cont'd) 

Every  person  qualified  to  vote  to  be  eligible!  to  office  in  the 
city  where  he  resides  except  as  otherwise  provided  in  the 
constitution  and  except  that  this  does  not  apply  as  to 
residence   to   office   elective   by   people   where   law   provides 

otherwise.      (Va.  II  32.) 

Dual  Office  Holding 

Officers  and  employees  of  or  of  "  municipal  board,  commis- 
sion or  trust  in  any  city  "  not  eligible  to  serve  as  election 
•  officer.      (Ark.  Ill   10.) 

No  state  officer  or  deputy  or  member  of  legislature  to  be 
officer  or  employee  of  city;  but  notary  public  or  officer  of 
militia  not  to  be  ineligible.      (Ky.  165.) 

Mayor  or  member  of  council  of  Baltimore  not  to  hold  during 
term  any  other  office  of  profit  or  trust  under  ordinance 
or  law  relating  to  city  or  any  position,  the  compensation 
of  which  is  paid  directly  or  indirectly  out  of  city  treas- 
ury;  legislature  may  change.      (Md.  XI  5,  9.) 

"  In  cities  or  counties  having  more  than  200,000  inhabitants, 
no  person  shall,  at  the  same  time,  be  a  state  officer  and 
an  officer  of  any  county,  city  or  other  municipality;  and 
no  person  shall,  at  the  same  time,  fill  two  municipal 
offices,  either  in  the  same  or  different  municipalities;  but 
this  section  shall  not  apply  to  notaries  public,  justices  of 
the  peace  or  officers  of  the  militia."      (Mo.  IX  18.) 

No  person  eligible  to  legislature  who  is  or  who  has  been 
within  100  days  previous  to  his  election  an  officer  under 
any    city    government.       (N.Y.    Ill    8.) 

Member  of  legislature  not  to  receive  "  any  civil  appoint- 
ment *  *  from  any  city  government'"  during  time 
for  which  elected ;  such  appointment  or  votes  for  his 
election  void;  acceptance  after  election  to  legislature  of 
appointment  to  any  office  under  any  city  government  va- 
cates  his    seat.       (X.Y.    Ill    7.    S.) 

No  person  holding  "office,  appointment  or  employment  in 
or  under  any  city  or  municipal  board,  commission  or 
trust  "  therein  (except  justices  of  the  peace  and  aldermen) 
to  be  qualified  to  serve  as  election  officer  until  two  months 
after    expiration    of    such    office    or    appointment.       (Pa. 

VIII  15.) 

Xo  election  officer  to  be  eligible  to  any  office  filled  at  election 
at  which  he  serves,  except  "  such  subordinate,  municipal 
or  local  officers  below  the  grade  of  city  or  county  officers 
as  shall  be  designated  by  law".  (Pa.  VIII  15.) 
Persons  holding  elective  office  of  trust  or  profit  not  to  be 
appointed   to  election  office.      (Va.  II  31.) 


I  M)KX     DlGEST  1('"> 


CITIES    (Cont'd) 

Officers   (Cont'd) 
Removal 

See  also  above,  this  subdivision,  Powers  and  Duties. 
Legislature    to    prescribe    causes    for    and    manner    of    removal. 

(Ky.   160.) 
In  case  of  elected  officers  removal  to  be  in  manner  and  for  cause 

prescribed  by  law.  (Mich.  IX  8.) 
"On  conviction  in  a  court  of  law  of  wilful  neglect  of  duty  or 
misbehavior  in  office "  mayor  of  Baltimore  may  be  removed 
by  governor  and  .successor  to  be  elected  "  as  in  case  of  va- 
cancy",  subject  to  change  by  legislature.  (Md.  XI  (5,  !).) 
Legislature  to  provide  in  addition  to  other  penalties  for  removal 
of  on  conviction  of  wilful,  corrupt  or  fraudulent  violation  or 
neglect  of  official  duty.  (Mo.  XIV  7.) 
Mayor,  intendants  and  all  other  officers  of  incorporated  cities 
may  be  removed  by  circuit  or  other  court  of  like  jurisdiction 
or  criminal  court  of  city  in  which  such  officers  hold  office  as 
prescribed  by  law,  provided,  that  right  to  jury  trial  and  appeal 
be  secured,  for  following  causes:  '*  wilful  neglect  of  duty,  cor- 
ruption in  office,  incompetency,  or  intemperance  in  the  use  of 
intoxicating  liquors  or  narcotics  to  such  an  extent,  in  view 
of  the  dignity  of  the  office  and  importance  of  its  duties,  as 
unhts  the  officer  fur  the  discharge  of  such  duties,  or  for  any 
offense;  involving  moral  turpitude  while  in  office,  or  committed 
under  color  thereof,  or  connected  therewith".  Penalty  not  to 
extend  beyond  removal  and  disqualification  from  holding  office 
under  authority  of  state  for  term  for  which  removed  officer 
elected  or  appointed,  but  accused  to  be  liable  to  indictment  or 
punishment  as  prescribed  by  law.  (Ala.  VII  175,  173,  176.) 
Residence 

Officers  to  reside  in   city.      ( Ky.  234.) 
Rotation  in  Office 

No  chief  executive  or  fiscal  officer  of  city  of  first  or  second  class 
to  be  eligible  for  succeeding  term;    "fiscal  officer"  not  to  in- 
clude auditor  or  assessor  or  any  officer  whose  chief  duty  is  not 
the  collection  or  holding  of  public  moneys.      (Ky.   160.) 
Selection 

Other  than  chief  executive  and  members  of  councils  to  be  elected 
by  qualified  voters  or  appointed  by  local  authorities  as  legisla- 
ture by  general  law  provides.  (Ky.  160.) 
If  not  provided  for  by  constitution,  shall  be  elected  by  electors 
of  city  or  division  thereof  or  shall  be  appointed  by  such  city 
authorities  as  legislature  shall  designate.      (X.Y.   X   2;    Wis. 

XI II  9.) 

Such  officers  as  may  be  necessary  other  than  those  mentioned  in 

the  constitution   to   be  elected   or   appointed   as   prescribed   by 

law.      (Ore.  VI   7.) 
All  city  officers  whose  election  or  appointment  is  not  provided  by 
constitution   to  be  elected   or   appointed   as   legislature   desig- 
nates.     (Va.  VIII  110,  120.) 


10G  State  Constitutions 


CITIES   (Cont'd) 

Officers   {Cont'd) 
Term 

Term  not  to  be  extended  beyond  time  for  which  elected  or  ap- 
pointed.    (Cal.  XI  9;  Ky.  161;  Wash.  XI  8.) 
Term  of  chief  execul  ive  and  of  elected  officers  other  than  mem- 
bers of  councils  to  be  four  years  and  until  successors  qualify. 

(Ky.   160.) 

In  New  Orleans  commencement  of  term  to  be  first  Monday  in 

December  following  election  until  otherwise  provided  by  law. 

(La.   207.) 
Special  provision  for  commencement  of  term  of  mayor  of  Balti- 
more elected  under  amendment.      (Md.  XI  1.) 
Terms  to  expire  at  end  of  odd  numbered  year,  but  this  does  not 

apply  to  cities  of  third  class.     (N.Y.  XII  3.) 
Term  to  commence  first  Monday  of  December  in  odd  numbered 
year   until    legislature   provides    otherwise.      (Pa.    Sched.    2.) 
Commissioner  of  revenue,  city  treasurer,  city  sergeant  and  city 
mayor  to  serve  for  terms  of  four  years.     Term  of  mayor  to 
begin  first  day  of  September  succeeding  his  election  and  terms 
of  all  other  elective  officers  to  begin  on  first  day  of  January 
succeeding  election.     Legislature  may  change  except  that  the 
beginning  of  term  of  mayor  not  to  occur  at  same  time  as  the 
beginning  of  terms  of  other  elective  officers  provided  for  by 
constitution.      (Va.   VIII   119,   120,   122.) 
Vacancies 

Vacancies  to  be  filled  in  manner  prescribed  by  law.      (Ky.   160; 

Ore.' VI  9.) 

Employees 

See  also  Labor  —  Public  Works. 

Not  eligible  to  serve  as  election  officers.  (Ark.  Ill  10.) 
All  appointments  and  promotions  in  civil  service  of  to  be  made 
"  according  to  merit  and  fitness  to  be  ascertained  so  far  as  prac- 
ticable by  examination  which  so  far  as  practicable  shall  be  com- 
petitive"; but  citizen  veterans  of  Civil  War  resident  in  state  to 
be  entitled  to  preference  without  regard  to  standing  on  eligible 
list;  laws  to  be  passed  to  enforce  this  section.  (N.Y.  V  9.) 
Legislature  may  regulate  and  fix  wages  and  salaries  and  hours  of 
work    and  make  provision   for   protection,   welfare   and   safety   of. 

(N.Y.  XII   1.) 
"Appointments  and  promotions  in  the  civil  service     *     *     *     shall 
be  made  according  to  merit  and  fitness,  to  be  ascertained,  as  far 
as   practicable,  by  competitive  examinations."     Legislature  to  en- 
force this  provision.      (Ohio  XV  10.) 
Corrupt  Practices 

Illegal  Use  of  Funds 

Making  a  profH  out  of  public  money  or  using  for  purpose  not 
authorized  by  law  by  any  officer  having  possession  or  control 
thereof  to  he  felony;  prosecuted  and  punished  as  prescribed  by 
law.      (Cal.  XI   17;   Mo.  X  17;   Wash.  XI   14;   Wyo.  XV  8.) 


Index  Digest  107 


CITIES   (Cont'd) 

Corrupt   Practices    (Cont'd) 

Illegal  Use  of  Funds    (Cont'd) 

Receiving  by  officer  of  any  interest,  profit  or  perquisite  arising 
from  use  or  loan  of  public  funds  in  his  hands  or  moneys  to  be 
raised  through  his  agency  fur  state,  city,  town,  district  or 
county  purposes  to  be  felony,  punished  as  prescribed  by  law, 
including    discmalification    to    hold    office.       ( Ky.    173;     Okla. 

X   11.) 
Making  profit  out   of  or  using   for  unauthorized    purpose  to  be 
felony  and  punished  as  provided  by  law.      (S.D.  XI   11.) 
Interest  in  Contracts 

Neither  mayor,  members  of  council  nor  any  other  officer  under 
city  of  Baltimore  to  be  interested  while  holding  such  office  in 
contract  to  which  city  is  party;  legislature  may  change.     (Md. 

XI  5,  9.) 
Xo  public  officer   or  member  of  legislature  to  be  interested  di- 
rectly or  indirectly  in  contracts  authorized  by  any  law  passed 
or  order  made  by  board  of  which  he  is  or  was  member  during 
term  for  which  he  was  chosen  or  within  one  year  after  termi- 
nation of  term.      (Miss.  IV  109.) 
Member   of   legislature   or   state  officer   not   to   be  interested   in 
contract  authorized  by  law  passed  during  his  term  or  within 
one  year  after  its  termination.      (Xebr.  Ill  13.) 
Free  Transportation 

See  also  Public  Officers  —  Free  Passes,  etc. 
Common  carrier  forbidden  to  give  free  pass  or  reduced  rates  and 
officer  forbidden  to  accept  under  penalty  of  forfeiture  of  office. 

Legislature  to  enforce.     (Ky.  197.) 
Potters  and  Rights 

See  also  this  title  generally. 

For   provisions    relating    to    power    of    city    or    combined    city    and 
county  to  frame  its  charter,  See  Municipal  Home  Rule  —  Power 
of  Municipality  to  Frame  Its  Charter. 
For  provisions  relating  to  eminent  domain  and  excess  condemnation, 

See  Eminent  Domain. 
For  provisions  relating   to   taxation,  See  Taxation. 
For    provisions    relating    to    special    assessments    for    benefits,    See 

Taxation  —  Special  Assessments. 
For  provisions  relating  to  sale  of  liquors,  See  Liquors. 
In  General 

Cities  authorized  to  make  and  enforce  within  limits  such  local, 
police,  sanitary  and  other  regulations  as  are  not  in  conflict 
with  general  laws.  (Cal.  XI  11;  Wash.  XI  11.) 
Cities  organized  under  charters  adopted  under  constitutional 
provisions  relating  to  local  framing  of  charters  may  "  make 
and  enforce  all  laws  and  regulations  in  respect  to  municipal 
affairs  subject  only  to  the  restrictions  and  limitations  pro- 
vided in  their  several  charters,  and  in  respect  to  other  matters 
they  shall  be  subject  to  control  by  general  laws  ".    (Cal.  XI  6.) 


10S  State  Constitutions 


CITIES    (Cont'd) 

Powebs  and  Rights   [Cont'd] 

In  General   (  Con  I'd) 

Incorporated  cities  may  make  and  enforce  within  limits  such 
local,  police,  sanitary  and  other  regulations  as  are  not  in  con- 
flict with  charier  or  general  laws.  (Ida.  XII  2.) 
Legislature  may  by  general  law  confer  upon  councils  of  cities 
all  such  powers  of  local  and  special  legislation  as  it  deems 
expedient  not  inconsistent  with  constitution.  (Va.  IV  05.) 
Powers  of  each  class  to  be  defined  by  general  laws  so  that  all 
municipal  corporations  of  the  same  class  shall  possess  same 
powers  and  be  subject  to  the  same  restrictions.      (Colo.  XIV 

13;  Ky.  150;  Mo.  IX  7.) 
Citips  "  may  acquire,  own,  establish  and  maintain  either  within  or 
without    corporate    limits    parks,    boulevards,    cemeteries,    hos- 
pitals,   almshouses    and    all    works    which    involve    the    public 
health  or  safety".      (Mich.  Mil  22.) 
Right  to  reasonable  control  of  streets  or  alleys  and  public  places 

reserved  to  city.      (Mich.  VIII  28.) 
Legislature   to   delegate   necessary   power   to   incorporated   cities 
for  location  of  Chinese  within  prescribed  portion  of  city,  and 
for  removal  of  Chinese  without  city  limits.      (Cal.  XIX  4.) 
Board   of  commissioners  of  port  of  Xew  Orleans   authorized   to 
build  and  operate  canal  connecting  Lake  Pontchartrain  and  the 
Mississippi,   and  to  expropriate  all  property  necessary  there- 
for.    Location  to  be  fixed  by  commission  council  of  city  and 
plans   to   be   approved   by   commissioners   of   port,   commission 
council,  board  of  levee  commissioners  of  Orleans  levee  district, 
and  state  board  of  engineers.      (La.  322,  Sec.  3,  Amend.  1914.) 
Cities  of  first  and  second  class  may  incur  debt  for  specified  pur- 
poses for   public  buildings,   structures   and  grounds  and   other 
-public   improvements,   which   improvements  may   be  within    or 
outside    the    corporate     limits     of     the     municipality.       (Ark. 

*  XVI    1.) 
Legislature  may  enact  laws   authorizing  cilies  to  pension  meri- 
torious and  disabled  firemen.      (Okla.  V  41.) 
Restrictions  Upon 
In  (I  en  end 

No  city  to  "abridge  elective  franchise".  (Mich.  VII  25.) 
Rights  in  and  to  water  front,  wharves,  public  landings, 
docks,  streets,  avenues,  parks,  bridges  and  other  public 
places,  and  its  gas,  water  and  electric  works,  not  to  be  sold 
except  by  ordinance  or  resolution.  (Detailed  provisions 
as  to  number  of  votes  necessary  for  passage  and.  for 
passage  over  veto.)  Nothing  herein  contained  to  prevent 
legislature  from  prescribing  additional  restrictions  on 
power  to  sell  or  lease  property  or  as  repealing  any  such 
restriction   now  required   in   any  existing  charter.      (Va. 

VIII  125.) 


Ixdkx  Digest  100 


CITIES    (Cont'd) 

Powers  and  Rights    (Cont'd) 
Restrictions   Upon    (Cont'd} 
Stock  and  Bond  Holding 

Not  to  become  subscriber  to  or  shareholder  in  any  company 
or  corporation.      (Ariz.  IX  7;   Colo.  XI  2;   Mont.  XHI   1; 

N.D.  XII  185.) 
Not  to  become  stockholder  in  company,  association   or  cor- 
poration.    ( Ark.  XII  5.) 
Not  to  subscribe  to  stock  or  purchase  bonds  of  any  railroad 
corporation;   but  this  docs  not   aiTect  validity  of  bonds  or 
debts  incurred   under   laws  existing  prior   to  constitution. 

(Conn.  Amend.  XXV.) 
Not    to   become    shareholder   in    any    private    corporation    or 

company.      (Del.  VIII  S;   Wyo.  XVI  6.) 
Not   to   become   by   vote   of   its   citizens   or   otherwise   stock- 
holder  in   any   joint    stock   company,   corporation   or   asso- 
ciation.     (Ida.  XII  4.) 
Not  to  become  subscriber  to  or  owner  of  stock' or  interest 
therein    of    any    railroad,    private   corporation    or    associa- 
tion.    (Nebr.  Xla  1.) 
Not  to  become  stockholder  in  joint  stock  company,  corpora- 
tion or   association,  except  railroad  corporations,  compa- 
nies or  associations.      (Xcv.  VIII  10.) 
Not   to   become    directly   or    indirectly    owner   of    stocks    or 
bonds  of  any  association,   company  or   corporation.    (N.J. 
I   19;   X.Y.  VIII   10;  Wash.  VIII  7.) 
Not  to  become  holder  of  corporate  stock  by  vote  of  citizens 

or  otherwise.     (Ore.  XI  9.) 
ftot  to  become  "  stockholder  with  others  "  in  company,  asso- 
ciation or  corporation,  except  on  assent  of  three-quarters 
qualified  voters  voting  at  election  thereon.     (Tenn.  II  29.) 
Legislature  not   to  authorize  to  become  stockholder   in   any 
company,  association  or  corporation.      (Mo.  IV  47;   Okla. 

X   17;   Pa.  IX  7;  Tex.  HI  52.) 
Legislature  not   to   authorize   city  or   subdivision   thereof  to 
become    stockholder   in    any    company,    association    or    cor- 
poration.     (Ky.   179.) 
Legislature  not  to  authorize  becoming  stockholder  in  foreign 

association  or  corporation;      ( Fla.  IX  10.) 
Legislature  not   to  authorize  to  become  stockholder   in   any 
corporation,  association,  or  company  by   issuing  bonds  or 

otherwise.      I  Ala.    IV   94.) 
No    law    to    authorize    cities    beeoiriing    stockholder    in    any 
company  by   vote  of   citizens   or  otherwise;    but   this  does 
not  prevent  insuring  public  buildings  in  mutual  insurance 

companies.     (Ohio  VIII  6.) 

Legislature  not  to  authorize  cities  to   subscribe  to  stock  or 

bond   in   aid   of   any   railroad,  telegraph,   or   other   private 

individual  or  corporate  enterprise  or  undertaking.     (Utah 

VI  31.) 


110  State  Constitutions 

CITIES    (Cont'd) 

Powers  and  Eights    [Cont'd) 
Restrictions  Upon    (Cont'd) 

Stock  and  Bond  Holding   (Cont'd) 

City  not  to  subscribe  to  stock  or  purchase  bonds  or  make 
donation  to  any  railroad  corporation;  but  this  does  not 
affect  validity  of  bonds  or  debts  incurred  under  laws  ex- 
isting prior  to  constitution  and  not  to  be  construed  to  pro- 
hibit legislature  from  authorizing  city  to  protect  by  ad- 
ditional appropriation  any  railroad  debt  contracted  prior 
to  constitution.     (Conn.  Amend.  XXV.) 

Subscription  to  capital  stock  of  any  railroad  or  private  cor- 
poration by  cities  forbidden,  but  this  not  to  affect  right 
to  make  such  subscriptions  when  authorized  under  existing 
laws  by  vote  of  people  prior  to  adoption  of  this  amend- 
ment.      (111.   Amend.    1870  —  Municipal    Subscriptions   to 

Corporations.) 

City  not  to  become  subscriber  to  stock  of  railroad  or  other 
corporation  or  association.  Authority  previously  con- 
ferred by  legislature  or  by  charter  of  any  corporation, 
repealed;  but  this  does  not  prevent  such  subscription 
where  authorized  by  vote  of  people  prior  to  constitution 
or  to  prevent  renewal  bonds  or  other  means  prescribed 
by  law  for  payment  of  such  subscription  or  of  any  in- 
debtedness  prior   to   constitution.      (Miss.   VII    1S3;    Mo. 

IX  6.) 

Not  to  become  subscriber  to  stock  of  private  corporation  or 
association;  this  not  to  affect  obligations  undertaken  pur- 
suant to  law  prior  adoption  constitution.      (Tex.  XI   3.) 

Not  to  subscribe  to  or  become  interested  in  "stock  or  obli- 
gations "  of  company,  association  or  corporation  "  for 
the  purpose  of  aiding  in  the  construction  or  maintenance 
of  its  work  ",  but  this  not  to  prevent  city  perfecting  sub- 
scription to  capital  stock  of  railroad  company  authorized 
by  existing  charter  provided  vote  of  freeholders  of  such 
city  in  favor  of  such  subscription  is  had  prior  to  July  1, 
1903.      (Constitution  effective  July  10,  1902.)      (Va.  XIII 

1S5.) 
Joint  Ownership 

Not  to  become  joint  owner  with  any  person,  company  or 
corporation,  except  as  to  such  ownership  as  "  may  accrue 
to  the  state  by  operation  or  provision  of  law  ".      ( Ariz. 

IX  7;   Mont.  XIII   1.) 

Not  to  become  joint  owner  with  any  person  or  corporation, 
"  public  or  private ",  "  in  or  out  of  state  "  except  such 
ownership  as  may  accrue  to  city  jointly  with  any  person, 
company  or  corporation  by  forfeiture  or  sale  of  real 
•  •-tafe  for  non-payment  of  taxes  or  by  donation  or  de- 
vise for  public  use  or  by  purchase  by  or  on  behalf  of  any 
or  either  of  them  jointly  with  any  or  either  of  them  under 


Indk.X     QlGEST  111 


CITIES   (Cont'd) 

Powers  and  Eights    (Cont'd) 
Restrictions   Upon    (Cont'd) 
Joint  Ownership    (Cont'd) 

execution  in  cases  of  crimes,  penalties  or  forfeiture  of 
recognizance,  breach  of  condition  of  official  bonds,  or  of 
bond  to  secure  public  money  or  the  performance  of  any 
contract  in  which  they  or  any  of  them  may  be  jointly  or 

severally  interested.     (Colo.  XI  2.) 
Not    to    become    joint    owner    in    any    private    corporation, 

person  or  company.      (Del.  VIII  8.) 
No  law  to  authorize  becoming  joint  owner  in  any  company, 
by  vote  of  citizens  or  otherwise,  but  this  does  not  pre- 
vent insuring  public  buildings  in  mutual  insurance  com- 
panies.     (Ohio  VIII  G.) 
Control  by  State 
In  General 

For  legislative  restrictions  on  city's  power  to  borrow  money, 
contract  debts  and  lend  credit,  Sec  beloio,  tliis  title,  Debt, 
and  for  similar  restrictions  on  city's  power  to  levy  taxes,  See 

Taxation  —  Local  Taxes. 
Local  and  private  acts  passed  for  the  benefit  of  cities  not  incon- 
sistent with  supreme  law  of  this  constitution  and  not  expired 
or  repealed  prior  its  adoption  to  have  force  of  statute  law 
subject  to  judicial  decision  as  to  validity  when  passed  and  to 
limitations  imposed  by  their  own  terms.  (Ga.  XII  Sec.  I  4.) 
Detailed  provisions  of  constitution  respecting  city  "  not  to  be 
so  construed  or  taken  as  to  make  the  political  corporation  of 
Baltimore  independent  of  or  free  from  the  control  which 
(legislature)    has   over   all   such   corporations   in   this   state". 

(Md.  XI  9.) 
Legislature  may  provide  general  laws  relating  to  affairs  of  cities 
the  application  of  which  may  be  limited  to  cities  of  over 
50,000  or  to  .cities  of  50,000  and  not  less  than  20,000,  or  to 
cities  of  20,000  and  not  less  than  10,000,  or  to  cities  of  10,000 
or  less,  which  shall  apply  equally  to  all  such  cities  of  cither 
class  and  which  shall  be  "  paramount  "  to  provisions  relating 
to  same  matters  included  in  any  local  charter  framed  by  such 
cities  under  provisions  of  the  constitution.  No  local  law 
enacted  thereunder  to  supersede  any  general  state  law  de- 
fining crimes  and  misdemeanors.  (Minn.  IV  36.) 
Despite  provisions  of  constitution  authorizing  city  to  frame  its 
own  charter,  legislature  to  have  "  same  power  over  the  city 
and  county  of  St.  Louis  that  it  has  over  other  cities  and 
counties  of  this  state".  (Mo.  IX  25.) 
Laws  relating  to  "property,  affairs  or  government  of  cities  and 
the  several  departments  thereof  "  divided  into  "  general  and 
special  city  laws  ".  General  laws  relate  to  all  cities  of  one  or 
more  classes  and  special  laws  relate  to  single  city  or  less  than 


112  State  Constitutions 

CITIES    (Cont'd) 

Control  by  State  (Cont'd) 
In  General   (Cont'd) 

all  of  a  class.  Passage  of  special  laws  prohibited  except  in 
conformity  with  following  provisions:  After  passage  by  both 
houses,  originating  house  to  transmit  certified  copy  to  mayor. 
Mayor  shall  return  within  15  days  to  originating  house,  or 
if  session  terminated  to  governor,  with  his  certificate  thereon 
stating  whether  city  has  accepted.  In  cities  of  first  class,  the 
mayor  to  have  power  to  accept;  but  legislature  may  provide 
for  concurrence  of  legislative  body;  in  cities  other  than  those 
of  first  class,  mayor  and  legislative  body  concurrently.  Legis- 
lature to  provide  for  public  notice  and  opportunity  for  public 
hearing  in  city  affected  before  city's  action.  Bills  for  special 
laws  relating  to  more  than  one  city  to  be  sent  to  mayor  of 
each  and  not  to  be  deemed  accepted  unless  accepted  by  all. 
Bills  accepted  by  cities  affected  to  be  subject  as  other  bills  to 
governor's  action.  If  not  returned  within  15  days  or  returned 
without  approval  bill  may  be  repassed  by  both  houses  and 
thereupon  be  subject  to  governor's  action.  Titles  of  accepted 
bills  to  be  followed  by  words  "  accepted  by  the  city "  or 
"  cities ",  and  of  bills  passed  without  acceptance  by  words 
"  passed    without    the    acceptance    of    the    city "    or    "  cities ". 

(N.Y.  XII  2.) 

Legislature  to  provide  by  general  laws  for  extension  and  con- 
traction of  corporate  limits  and  no  special  acts  for  such  pur- 
poses to  be  valid.      (Va.  VIII  126.) 

Cities  "  heretofore  or  hereafter  organized  "   shall  be  subject  to 
and  controlled  by  general  laws.     (Wash.  XI  10.) 
Restrictions  Upon 

Legislature  not  to  delegate  to  any  special  commission,  private 
corporation,  company,  association  or  individual  "  any  power 
to  make,  control,  appropriate,  supervise  or  in  any  way  inter- 
fere with  any  city  "  improvement,  money,  property  or  effects 
wbether  held  in  trust  or  otherwise,  or  to  levy  taxes  or  assess- 
ments or  perform  any  municipal  functions  whatever,  but 
legislature  may  provide  for  supervision  and  conduct  of  affairs 
of  irrigation  districts,  reclamation  districts  or  drainage  dis- 
tricts.     (Cal.  XI  13.) 

No  law  based  on  provision  of  constitution  authorizing  legislative 
charter  for  Chicago,  to  take  effect  until  approved  by  majority 
Legal  voters  of  city  voting  thereon  at  general,  municipal  or 
special  election;  and  no  such  local  or  special  law  affecting 
specially  any  part  of  the  city  to  take  effect  until  approved  by 
majority  of  legal  voters  of  such  part  of  city  voting  on  ques- 
tion  at  such  election.      (111.  IV  34.) 

I  egislature  may  provide  for  change  of  boundaries  of  Chicago  by 
inexation  or  disconnection  of  territory  by  consent  of  majority 
legal   voters  <>f  city,  arid  of  sutiri  territory,  voting  on  question 
at  general,  municipal  or  special  election.     (111.  IV  34.) 


I  mikx    Digest  1  l.°> 


CITIES    (Cont'd) 

Control  by  State  (Cont'd) 

Restrictions   Upon    (Cont'd) 

Legislature  not  to  enact   indirectly  any  special   or  local  act  by 

exempting  from  the  operation  of  a  general  act.     (Ky.  60.) 
Streets,  alleys  or  public  ground  in  any  city  not  to  be  vacated  or 

altered  by  legislature.      (Mich.  VI 11  27.) 
Local    or    special    legislation    regulating    affairs    of,    forbidden. 
(Minn.  IV  33;  Mo.  IV  53;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56.) 
Local    or   special   legislation    legalizing   unauthorized    or    invalid 
acts  of  officers  of  city,  prohibited.      (Ky.  59.) 
Finances 

For  provisions  incident nil y  relating   to  finances.  See  also  above,  this 

title,  -  Powers  and   Rights  "}  and  "Control  by  State". 
In  General 

Any  citizen  may  institute  suit   in  behalf  of  himself   and  others 
interested    to    protect    inhabitants    of    city    against    "  enforce- 
ment of  any  illegal  exactions  whatever".      (Ark.  XVI  3.) 
When  city  maintains  institutions  for  support  of  dependent  chil- 
dren and  aged  persons  it  is  entitled  to  receive  same  pro  rata 
appropriations   as   state  giants   to   similar   institutions  under 
church  or  other  control.      (Cal.  IV  22.)' 
One-half  net  amount  of  all  parish  taxes  and  licenses,  levied  and 
collected  within   corporate  limits  of  Baton  Rouge  to  be  paid 
over  for  use  of  said  city.      (La.  282.) 
Occupation  taxes,  licenses,  fines,  forfeitures,  penalties  and  other 
duties    accruing    "  to    be    collected    only    in    current   money ". 

(Tex.  XI  4.) 
Deposits 

All  moneys,  assessments  and  taxes  belonging  to  or  collected  for 
the  use  of  cities  coming  into  hands  of  any  officer  to  be  imme- 
diately deposited  with  treasurer  or  other  legal  depositary  to 
its   credit    for   benefit   of   fund   to  which   belonging.      (Cal.   XI 

16;  Wash.  XI  15.) 
All  city  money  except  as  otherwise  provided  in  constitution  shall 
whenever  practicable  be  deposited  in  a  national  bank  or  bank 
incorporated  under  laws  of  state;  bank  to  furnish  security 
approved  as  provided  by  law  and  to  pay  reasonable  rate  of 
interest,  such   interest  to  accrue  to  the  fund  from  which  it  is 

derived.      (Wyo.  XV  7.) 
Claims  by  and  Against 

"  In  all  cases  of  allowances  made  for  or  against  "  city  appeal  to 
lie  to  circuit  court  at  instance  of  party  aggrieved  or  on  inter- 
vention of  citizen  or  resident  and  taxpayer  of  city  on  terms 
and  conditions  on  which  appeals  granted  to  that  court  in 
other  cases.  Matter  to  be  tried  de  novo.  Citizen  appealing 
to  give  bond  payable  to  city,  conditioned  to  prosecute  appeal 
and  save  city  from  costs  thereon.  (Ark.  VI!  51.) 
Obligations  due  city  not  to  be  remitted,  released  or  post  pone  1 
or    in    any    way    diminished    except    by    payment    into    proper 


114  State   Constitutions 


CITIES   (Cont'd) 

Finances   (Cont'd) 

Claims  by  and  Against    (Cont'd) 

treasury;    not   to   be   exchanged    or    transferred    except   upon 
payment  of  its  face  value;  but  legislature  may  provide  by  law 
for  the  compromise  of  doubtful  claims.      (Miss.  IV  100.) 
Local   or  special   legislation   releasing  indebtedness,   liability  or 
obligation  of  person  or  corporation  to  city,  forbidden.      (Nev. 

IV  20.) 
Execution  not  to  issue  on  judgment  against  incorporated  city 
or  against  any  officer  therein  in  his  official  capacity  and  for 
which  the  city  is  liable;  such  judgment  shall  be  paid  out  of 
the  proceeds  of  a  tax  levy  and  when  so  collected  shall  be  paid 
by  the  "county  treasurer"  to  the  judgment  creditor.      (N.M. 

VIII  7.) 
Expenditures,  Restrictions  Upon 

For  similar  restrictions  upon  city's  power  to  incur  debts  or  lia- 
bilities, See  below,  this  title,  Debt. 
In  General 

Not  to  be  authorized  or  permitted  to  pay  claim  under  con- 
tract made  without  express  authority  of  law.     (Ky.  162.) 
Not  to  pay  any  debt  or  interest  thereon  contracted  directly 

or  indirectly  in  aid  of  the  rebellion.      (N.C.  VII  13.) 
Not  to  pay  any  debt  or  obligation  created  by  such  city  in 
aid  of  Civil  War.     (Va.  XIII  186.) 
Aid  to  Private  Enterprise 

Donations    to    railroad    or    private    corporation    prohibited. 
(111.  Amend.   1870.     Municipal  Subscriptions  to  Corpora- 
tions.) 
City  not  to  make  appropriation  in  aid  of  any  railroad  or 
-     other  corporation  or  association.      (Miss.  VII  183.) 
Not  to  appropriate  or  obtain  money  for  any  company,  asso- 
ciation or  corporation.      (Ark.  XII  5.) 
Not  to  appropriate  money  to  any  private  corporation,  per- 
son or  company.     (Del.  VIII  8.) 
Not  to  make  donation  or  grant  by  subsidy  or  otherwise  to 
individual,    association    or    corporation.       (Ariz.    IX    7; 

Mont.  XIII  1.) 
Not  to  make  by  vote  of  citizens  or  otherwise  donation  to  or 
in  aid  of  any  joint  stock  company,  corporation  or  associa- 
tion.     (Ida.  XII  4.) 
Not  to  make  donation  or  grant  to  or  in  aid  of  any  person, 
company  or  corporation,  "  public  or  private  "  in  or  out  of 

state.      (Colo.  XI  2.) 
Not  to  give  or  loan  money  to  or  in   aid  of  any  individual, 

association  or  corporation.      (N.J.  I   19.), 
Not    to  make  donation   to  or   in  aid   of  individual,   associa- 
tion or  corporation,  except  for  necessary  support  of  poor. 
(N.D.  XII  185;  Wash.  VIII  7;  Wyo.  XVI  6.) 


I  m»i:.\    Digest  115 


CITIES   (Cont'd) 

Finances    (Cont'd) 

Expenditures,  Restrictions  Upon   (Cont'd) 
Aid  to  Private  Enterprise  (Cont'd) 

Not  to  give  money  or  property  or  lend  money  to  or  in  aid 
of  any  individual,  association  or  corporation;  but  this  not 
to  prevent  making  such  provision  for  aid  and  support  of 
its  poor  as  may  be  authorized  by  law.  (NY.  VIII  10.) 
Not  to  make  appropriation  or  donation  to  private  corpora- 
tion or  association;  this  not  to  affect  obligations  under- 
taken pursuant  to  law  prior  adoption  constitution.     (Tex. 

XI  3.) 
Appropriation  or  donation  to  or  in  aid  of  railroad  or  other 
corporation  or  association,  or  "  college  or  institution  of 
learning  or  other  institution  whether  created  for  or  to  be 
controlled  by  the  state  or  others  ",  forbidden.  Authority 
previously  conferred  by  legislature  or  by  any  corporate 
charter  repealed;  but  does  not  prevent  payment  of  sub- 
scription to  corporate  stock  made  or  approved  by  people 
prior  to  constitution  or  the  payment  of  then  existing  debt. 

(Mo.  IX  6.) 
Not  to  make  appropriation  or  pay  from  any  public  fund  or 
grant  anything  to  or  in  aid  of  religious  sect,  church, 
creed  or  sectarian  purpose  or  help  to  support  or  sustain 
any  school,  college,  university,  hospital  or  other  institu- 
tion controlled  by  any  religious  creed,  church  or  sectarian 
denomination,  but  this  does  not  prevent  legislature  grant- 
ing aid  to  institutions  for  the  support  and  maintenance 
of  dependent  children  and  indigent  aged  persons  authorized 

by  constitution.      (Cal.  IV  30.) 

Legislature  not  to  authorize  city  to  obtain  or  appropriate 

money  for  or  levy  tax  for  any  corporation,  association  or 

individual.      (Okla.  X  17.) 

Legislature    not    to    authorize    obtaining    or    appropriating 

money  by  city  for  corporation,  association,  institution  or 

individual.      (Fla.  IX  10.) 
Legislature  not  to  authorize  appropriation  of  money  by  city 
to    "  any   corporation,    association,    institution    or    indivi- 
dual".      (Pa.  IX  7.) 
Legislature  not  to  authorize  city  to  grant  public  money  or 
thing  of  value  to  or  in  aid  of  individual,  association  or 

corporation.  (Tex.  Ill  52.) 
Legislature  not  to  authorize  to  grant  public  money  or  thing 
of  value  to  or  in  aid  of  individual,  association  or  cor- 
poration by  issuing  bonds  or  otherwise.  (Ala.  IV  04.) 
Legislature  not  to  authorize  city  to  appropriate  money  to 
any  corporation,-  association  or  individual  except  for  pur- 
pose   of    constructing    or    maintaining    bridges,    turnpike 

roads  or  gravel  roads.      (Ky.  179.) 


116  State  Constitutions 

CITIES   {Cont'd) 

Finances  {Cont'd) 

Expenditures,  Restrictions  Upon   (Cont'd) 
Aid  to  Private  Enterprise   {Cont'd) 

Legislature  not  to  authorize  grants  of  public  money  to  or  in 
aid  of  individual  or  association  or  corporation.  But  this 
not  to  be  construed  to  prevent  legislature  authorizing 
cities  which  have  organized  fire  department  to  create, 
maintain  and  manage  fund  taken  from  municipal  revenue 
for  pensioning  disabled  firemen  and  for  relief  of  widows 
and  minor  children  of  deceased  firemen.  (Mo.  IV  47.) 
Extra  Compensation  to  Officers 

See  also  Public  Officers  —  Compensation. 
Not  to  grant  extra  compensation  to  public  officer,  employee, 
agent,  or  servant  or  increase  compensation  of  public  offi- 
cer,   or    employee    to    take    effect    during    continuance    in 
office   of   any   person   whose   salary  might   be   thereby   in- 
creased.     ( Conn.  Amend.  XXIV. ) 
Common  council  not  to  grant  extra  compensation  to  "  public 
officer",  servant  or  agent.      (N.Y.  Ill  28.) 
Extra  Compensation  to  Contractors 
See  also  Public  Contracts. 

Not   to   increase   pay   or   compensation   of   any   public   con- 
tractor  above   amount   specified   in   the  contract.      (Conn. 

Amend.   XXIV.) 
Common   council    not    to  grant   extra   compensation   to   con- 
tractor.     (N.Y.   Ill  28.) 
Referendum 

City  of  Baltimore  not  to  grant  aid  to  or  make  appropriation 
for  works  of  internal  improvements  unless  authorized  by 
-    act    of    legislature    and    city    ordinance    approved    by    ma- 
jority  votes   cast   at   election   provided   for   by   such   ordi- 
nance.     (Md.  XI  7.) 
Donations  in  aid  of  railroad  and  internal  improvements  not 
to   be   made   unless   proposition   has   been   first   submitted 
to    qualified    electors    at    an    election    authorized    by    law. 
Limit   upon    may   by    two-tbirds   vote   be   increased    5    per 
cent,    in    addition   to    10   per   cent,   of   assessed   valuation. 

(Nebr.   XII  2.) 

In   elections  to  determine  expenditure  of  money  only  those 

to  be  qualified  who  pay  taxes  on  property  therein.      (Tex. 

VI  3.) 
Payment  of  tax  on   property  valued   at  $1,34   for  next   pre- 
ceding year  required  for  vote  on  proposition  for  expendi- 
ture of  money   in   any  city.      (R.I.   Amend.   VII    1.) 
Debt,  See  below,  this  title,  Debt. 
Taxation,  See  Taxation. 
Debt 

Por  prdvisibtis  respecting  debts  of  "municipalities"  which  in  some 
states  nuij!  include  citir.^,  See  Municipalities  —  Debt. 


1  M)i:\   Di'oesqb  1 17 


CITIES    (Cont'd) 
Debt   [Cont'd) 

For  exemption  of  from   taxation,  See  Taxation — Exemptions. 
Existing  Time  Adoption  Constitution 

Specified  cities  may  pay  existing  indebtedness  for  construction 
of  waterworks  when  two-thirds  of  electors  voting  at  election 
for  that  purpose  so  decide,   and  statute  of  limitations  not  to 

apply.      (Cal.  XI    18.) 
Nothing  in  this  article  to  be  construed  to  impair  or  add  to  obli- 
gation of  debts  contracted  in  accordance  with  territorial  law; 
or  to  prevent  contracting  any  debt  or  issuing  bonds  therefor 
in  accordance  with   laws  of  territory  upon  proposition   which 
according   to    such    laws    was    submitted    to    qualified    electors 
before    constitution   took   effect.      (Colo.   XI    9.) 
Nothing   in   constitution   to   deprive   legislature   of   power   to   au- 
thorize Quincy  to  create  indebtedness  approved  by  people  prior 
to  December   13,  1869    (constitution  signed   May   13,  1870),  for 
"railroad  or  municipal  purposes".      (111.  Sched.  24.) 
Authorized  to  pay  debts   existing  under   territory   either  by  tax 
levy   or  by   issuing  bonds  under    provisions   of   laws   extended 
in  force  in  state.      Nothing  in  constitution  to  legalize  invalid 
debt  or  impair  any  defense  against  payment  thereof.      (Okla. 

Sched.  25.) 
Nothing   in  this   article  to  impair  or   add  to   obligation   of   any 
debt  contracted  prior  to  constitution  under  laws  of  territory; 
and   limit  on   amount   of  debt  not  to  prevent   incurring  debt 
under   proposition   submitted   to   qualified   electors   under   laws 
of  territory  prior  to  adoption  of  constitution.     (Utah  XIV  7.) 
May   be   bonded    in    sum  -not   exceeding  4    per   cent,    on   assessed 
value  taxable   property   in   city    as   shown   by   last  general   as- 
sessment.     (Wyo.  XVI  3.) 
Power  to  Incur  Generally 

Legislature  to   restrict   power   of   borrowing   money,   contracting 
debts  and  loaning  credit  so  as  to  prevent  abuses.      (Kan.  XII 
5  N.Y.  XII  1;  N.C.  XIII  4;  Ohio  XIII  6;   Wis.  XI  3.) 
Legislature    to    restrict    city's    power    of    borrowing   money,    con- 
tracting debts  or  loaning  credit  except  for  procuring  supplies 

of  water.      (Xev.  VIII  S.) 

Acts  of  legislature  incorporating  cities  to  restrict  their   powers 

of    borrowing    money,    contracting    debts    and    loaning    credit. 

(Ore.   XI   5.) 

Legislature    to    restrict    power    of    cities    to    borrow    money    and 

contract  debts   so  as  to  prevent  abuse  of  such   power.      (Ark. 

XII    3.) 
Legislature    to    restrict    by    general    laws    powers    of    borrowing 

money  or  contracting  debts.      (Mich.  VIII  20;  S.C.  VIII  3.) 
Provision    to    be    made    by    general    laws    to    prevent    almse    of 
powers  of  borrowing  money  and  contracting  debts.      (Miss.  IV. 

80.) 


118  State  Constitutions 

CITIES    (Cont'd) 
Debt   ( Cont'd) 
Purpose 

In   General 

Limited  to  "city  purposes";  but  city  may  make  provision 
as    authorized    by    law    "  for    the    aid    or    support    of    its 

poor".      (N.Y.  VIII   10.) 

Xo  debts  to  be  contracted  except  in  pursuance  of  law  for 
public  purpose  specified  by  law.      (S.C.  VIII  3.) 

To  be  incurred  only  for  strictly  city  purposes      ( Utah  XIV 

4;   Wash.  VIII  6.) 

Xot    to    lend    credit    for    other    than    municipal    purposes'. 

(Mich.  VIII  25.) 

City  and  county  of  Denver  authorized  to  issue  bonds  on  vote 
of  taxpaying  electors  at  special  or  general  election  in 
"  any  amount  necessary  to  carry  out  any  of  said  powers 
or    purposes    as   may    by    charter    be    provided ".      ( Colo. 

XX  1.) 

After  filing  charter  framed  under  provisions  authorizing 
city  to  frame  its  own  charter  city  may  provide  and 
legislate  for  issuance,  refunding  and  liquidation  of  all 
kinds  of  municipal  obligations,  including  bonds  and 
other  obligations  of  park,  water  and  local  improvement 
districts.      (Colo.  XX  G.) 

Xot  to  issue  interest  bearing  evidences  of  indebtedness  ex- 
cept bonds  authorized  by  law  to  pay  debt  existing  time 
adoption  constitution ;  but  cities  of  first  and  second  class 
may  issue  bonds  for  specified  purposes  "  and  for  any  and 
all  public  buildings.,  structures  or  grounds  that  may  be 
required  by  said  municipality  for  the  proper  and 
economic  administration  of  its  government  and  for  any 
other  public  improvements  of  a  general  nature  for  the 
use  and  benefit  of  said  municipality  "  when  approved  on 
referendum.  Such  improvements  may  be  within  or  out- 
side   the    corporate    limits    of    such    municipality.       (Ark. 

XVI    1.) 

When  any  city  or  city  and  county  adopts  voting  machines, 
governing  body  may  provide  for  payment  thereof  by 
issuing  interest  bearing  bonds,  certificates  of  indebted- 
ness or  other  obligation;  not  to  be  sold  for  less  than  par 
and  payable  at  such  times  not  exceeding  10  years  as  may 
be  determined.      (Colo.   VII   8.) 

May  contract  debt  for  school,  water,  sanitary  and   illumin- 
ating  purposes  provided   city   contracting   such   debt  own 
"  its    just    proportion    of   the    property    thus    created    and 
receive   from   any   income   arising   therefrom,   its   propor- 
tion to  Hie  whole  amount  so  invested".      (Ida.  XII  4.) 

Not  to  assume  any  debt  contracted  directly  or  indirectly 
in  aid  of  the  Rebellion.      (N.C.  VII  13.) 

Cities  bordering  on  gulf  may  issue  bonds  for  sea  walls, 
breakwaters  or  sanitary  purposes.      (Tex.  XI  7.) 


Index   Digest  119 


CITIES    (Cont'd) 
Debt   (Cont'd) 

Purpose   (Cont'd) 

In  General   (Cont'd) 

Commissioners  of  port  <»t'   New   Orleans  authorized   to  issue 
mortgages  or   bonds  for  cost  chargeable  against  specified 
canal   and   improvements.       (La.    322.) 
Aid  to  Private  or  Corporate  Enterprise 

For  provisions  respecting  city's  power  to  be  interested  in 
or  to  make  grants  or  donations  to  suck  enterprise,  See 
above,  this  title,  "Powers  and  Rights  —  Restrictions 
Upon  ",  and  "  Finances  —  Expenditures  —  Restrictions 

Upon  ". 

Legislature  not  to  authorize  to  lend  credit  to  or  in  aid  of 
individual,  association  or  corporation  by  issuing  bonds 
or  otherwise.      (Ala.  IV  1)4.) 

Not  to  give  or  lend  credit  in  aid  of  individual,  association 
or  corporation.      (Ariz.  IX  7;   Mont.  XIII   1.) 

Not  to  lend  credit  for  any  purpose  whatever;  and  no  muni- 
cipality to  grant  financial  aid  towards  construction  of 
railroads  or  other  private  enterprises  operated  by  any 
private  person  or  corporation.  Not  to  obtain  money  for 
or  loan  credit  to  corporation,  association,  institution  or 
individual.      (Ark.  XVI    1,  XII   5.) 

Legislature  not  to  authorize  cities  or  "  cities  and  counties  " 
to  give  or  lend  credit  of  city  in  aid  of  any  person,  associa- 
tion or   corporation   or  pledge  credit  thereof  for  payment 
of   liabilities   of   any   individual,    association    or    corpora- 
tion.     (Cal.  IV  31.) 

Not  to  lend  or  pledge  credit  or  faith  in  any  manner  to  or  in 
aid  of  any  person,  company  or  corporation  for  any 
amount  or  for  any  purpose,  "  public  or  private  ",  or  be- 
come responsible  for  any  debt,  contract  or  liability  of  any 
person,  company  or  corporation,  "public  or  private",  in 
or  out  of  state.      (Colo.  XI   1.) 

Forbidden  to  lend  credit  directly  or  indirectly  in  aid  of 
any  railroad  corporation;  but  not  to  affect  validity  of 
bonds  or  debts  incurred  under  laws  existing  prior  to  con- 
stitution and  not  to  be  construed  to  prohibit  legislature 
from  authorizing  city  to  protect  by  additional  credit 
railroad  debt  contracted  prior  to  adoption  of  constitu- 
tion.     (Conn.   Amend.   XXV.) 

Not  to  lend  credit  to  or  assume  debt  of  any  private  cor- 
poration,  person  or   company.      (Del.  VIII   8.) 

Legislature  not  to  authorize  loan  of  credit  to  any  corpora- 
tion, association,  institution  or  individual.      (Fla.  IX  10; 

Pa  IX  7.) 

Not  to  lend  or  pledge  credit  or  faith  in  any  manner  to  or 
in  aid  of  any  individual,  association  or  corporation  for 
any    amount   or    any    purpose    or    become    responsible    for 


120  State  Constitutions 

CITIES   [Cont'd) 
Debt   {Cont'd) 

Purpose   (Cont'd) 

Aid  to  Private  or  Corporate  Enterprise    (Cont'd) 

the  debt,  contract  or  liability  of  any  individual,  associa- 
tion or  corporation  in  or  out  of  state.  Not  to  raise  money 
for  or  lend  credit,  by  vote  of  citizens  or  otherwise,  to  or 
in  aid  of  any  joint  stock  company,  corporation  or  asso- 
ciation ;  but  may  contract  debt  for  school,  water,  sani- 
tary and  illuminating  purpose,  provided  it  owns  "  just 
proportion  of  the  property  thus  created  and  receive  from 
any  income  arising  therefrom  its  proportion  to  the 
whole  amount  so   invested".      (Ida.  VIII  4,  XII  4.) 

Loan  of  credit  in  aid  of  railroad  or  private  corporation,  for- 
bidden. Nothing  in  constitution  to  deprive  legislature  of 
power  to  authorize  specified  city  to  create  debt  pre- 
viously approved  by  people  for  "  railroad  purposes  ".  (111. 
Amend.  1870 — -Municipal  Subscription  to  Corporations 
Separately  Submitted;   Sched.  24.) 

Not  exceeding  $5,000,000  at  not  exceeding  5  per  cent,  pay- 
able within  30  years  from  date  of  issue  and  authoriza- 
tion. Proceeds  to  be  paid  to  treasurer  of  World's  Colum- 
bian Exposition,  with  provision  for  return  to  corporate 
authorities  of  as  large  a  proportion  of  the  aid  given  to 
the  exposition  as  is  repaid  to  stockholders  on  the  sums 
prescribed  by  them  and  reimbursement  so  received  by 
city  to  be  used  for  redemption  of  such  bonds.  City  au- 
thorities may  take  in  whole  or  in  part  payment  of  the 
reimbursement  due  the  city,  the  permanent  improvements 
placed  on  land  controlled  by  city.  Indebtedness  created 
under  this  provision  not  to  be  paid  by  state  or  from  any 
state  revenue,  tax  or  fund,  but  by  Chicago  alone.  No 
bonds  to  be  issued  under  this  amendment  unless  major- 
ity of  votes  cast  within  Chicago  shall  be  in  favor  of  the 
amendment.      (111.  IX  13.) 

Legislature  not  to  authorize  city  to  obtain  money  for  or 
loan  its  credit  to  any  corporation,  association  or  individ- 
ual except  for  purpose  of  constructing  or  maintaining 
bridges,  turnpike  roads  or  gravel  roads.      (Ky.   179.) 

Credit  of  Baltimore  not  to  be  given  or  loaned  to  or  in  aid 
of  individual,  association  or  corporation.      (Md.  XI  7.) 

Not  to  lend  credit  for  other  than  municipal  purpose.    (Mich. 

VIII  25.) 

Legislature  not  to  authorize  cities  to  incur  debt  in  aid  of 
construction  or  equipment  of  railroads  to  amount  ex- 
ceeding   5    per    cent,    of    value    of    its    taxable    property. 

(Minn.    IX    15.) 

Not  to  lend  credit  in  aid  of  railroad  or  other  corporation  or 
association.      (Miss.  VII   183.) 


Index  Digest  121 


CITIES    (Cont'd) 
Debt   (Cont'd) 

Purpose   (Cont'd) 

Aid  to  Private  or  Corporate  Enterprise    (Cont'd) 

Legislature  not  to  authorize  loans  of  credit  to  individual, 
association   or   corporation.      (Mo.   IV  47;    Okla.   X,  17.) 

Not  to  lend  credit  to  railroad  or  other  corporation  or  asso- 
ciation, or  to  any  "  college  or  institution  of  learning  or 
other  institution  whether  created  for  or  to  be  controlled 
by  the  state  or  others  ".  Authority  previously  conferred 
by  legislature  or  by  corporate  charters  repealed.  This 
does  not  prevent  issue  of  bonds  or  other  means  of  pay- 
ment of  subscription  to  corporate  stock  authorized  by 
people  prior  to  constitution  or  of  other  than  existing  debt. 

(Mo.   IX    6.) 

St.  Louis  authorized  to  issue  $5,000,000  bonds  at  not  ex- 
ceeding 4  per  cent,  payable  within  30  years;  proceeds  to 
be  paid  to  exposition  corporation ;  city  to  be  repaid  same 
proportionate  amount  of  aid  thus  given  as  may  be  repaid 
to  stockholders  and  also  to  receive  proportionate  share  of 
surplus,  but  no  bonds  to  be  issued  under  this  provision, 
unless  at  election  on  adoption  of  this  amendment,  majority 
of  votes  cast  in  St.  Louis  for  and  against  it  be  in  favor 

of  it.      (Mo.  X   12.) 

Not  to  make  donations  to  "  railroad  or  other  works  of  in- 
ternal improvement ",  unless  proposition  therefor  first 
submitted  to  qualified  electors  at  election  by  authority  of 
law;  such  donations  of  a  county,  together  with  donations 
of  subdivisions  in  the  county  not  to  exceed  in  the  aggre- 
gate 10  per  cent,  of  assessed  valuation  of  county;  city 
may,  by  two-thirds  vote,  increase  such  debt  5  per  cent,  in 
addition  to  such  10  per  cent. ;  no  bonds  or  other  evidences 
of  such  debts  to  be  valid  unless  endorsed  with  certificate 
signed  by  secretary  and  auditor  of  state,  showing  that 
they  are  issued  pursuant  to  law.      (Nebr.  XII  2.) 

Not  to  lend  credit  in  aid  of  any  joint  stock  company,  cor- 
poration or  association  except  railroad  corporations,  com- 
panies or  associations.      (Nev.  VIII   10.) 

Not  to  lend  credit  to  any  individual,  association  or  corpo- 
ration,  or  becoming  security  for   any  association  or   cor- 
poration.     (N.J.  I  19.) 

Not  to  lend  credit  to  or  in  aid  of  any  individual,  associa- 
tion or  corporation;  but  this  not  to  prevent  such  pro- 
vision for  aid  and  support  of  its  poor  as  may  be  author- 
ized by  law.      (N.Y.  VIII    10.) 

Credit  not  to  be  given  or  loaned  to  or  in  aid  of  any  indi- 
vidual, association  or  corporation,  except  for  necessary 
support  of  poor.     (N.D.  XII  185.) 

No  law  to  authorize  cities  to  raise  money  or  lend  credit  to 
any  company  or  association  by  vote  of  citizens  or  other- 


122  State  Constitutions 


CITIES   (Cont'd) 
Debt   (Cont'd) 

Purpose    (Cont'd) 

Aid   to  Private  or  Corporate  Enterprise    (Cont'd) 

wise,  but  this  does  not  prevent  insuring  public  buildings 
in  mutual  insurance  companies.  (Ohio  VIII  6.) 
Xot  to  raise  money  for  or  lend  credit  to  or  in  aid  of  any 
company,  corporation  or  association,  by  vote  of  citizens 
or  otherwise.  (Ore.  XI  9.) 
Credit  not  to  be  loaned  or  given  to  or  in  aid  of  any  person, 
company,  association  or  corporation,  except  on  assent  of 
three-fourths  of  qualified  voters  voting  at  election  thereon. 

(Tenn.  II  29.) 
Legislature  not  to  authorize  city  to  lend  credit  to  any  indi- 
vidual, Association  or  corporation,  but  special  authoriza- 
tion to  join  with  county  or  other  political  subdivision  or 
district  in  lending  credit  or  incurring  debt  for  or  in  aid 
of  irrigation,  drainage  or  navigation  improvements  or  con- 
struction and  maintenance  of  roads;   provided  total  debt 
of  city  not  thereby  to  exceed  limit  imposed  by  other  sec- 
tions constitution.      (Tex.  Ill  52.) 
Not  to  lend  credit  to  any  private  corporation  or  association; 
this  not  to  affect  obligations  undertaken  pursuant  to  law 
prior  adoption  constitution.      (Tex.  XI  3.) 
Legislature  not  to   authorize  city  to  lend  credit  in   aid  of 
any   railroad,   telegraph,   or    other   private    individual   or 
corporate  enterprise  or  undertaking.      (Utah  VI  31.) 
Xot  to  grant  credit  "  under  any  device  or  pretense  whatso- 
ever "  to  or  in  aid  of  any  person,  association  or  corpora- 
tion.     (Va.  XIII  185.) 
Not  to  loan  money  or  credit  to  or  in  aid  of  individual,  asso- 
'   ciation,   company   or   corporation   "  except   for   the  neces- 
sary support  of  the  poor  and  infirm  ".      ( Wash.  VIII  7. ) 
Not  to  give  or  lend  credit  to  individual,  association  or  cor- 
poration   except   for   necessary    support   of    poor.      (Wyo. 

XVI  6.) 
Aid  to  Municipal  Corporation 

Legislature  not  to  authorize  cities  or  "  cities  and  counties  " 
to  give  or  lend  credit  in  aid  of  any  municipal  corporation 
or  to  pledge  credit  thereof  for  payment  of  liabilities  of 
any  municipal  corporation.  (Cal.  IV  31.) 
Not  to  become  responsible  for  any  debt,  contract  or  liability 
of  any  "  corporation,  public  or  private  "  in  or  out  of  state. 

(Colo.  XI  1.) 
Law  or  Ordinance  Authorizing 

Private,  local  or  special  legislation  authorizing  issuance  of  bonds 
or  other  securities,  forbidden,  unless  authorized  before  enact- 
ment such  law  by  vote  qualified  electors  thereof  at  election 
held  for  purpose  in  manner  prescribed  by  law;  but  legisla- 
ture may  without  such  election  pass  special  laws  to  refund 
.     bonds  issued  before  ratification  constitution.     (Ala.  IV  104.) 


Index  Digest  123 


CITIES   (Cont'd) 
Debt   (Cont'd) 

Law  or  Ordinance  Authorizing   (Cont'd) 

Local    and    special    legislation    provided    for    bonding    of    cities, 

forbidden.      (Nebr.  Ill  15.) 

Not  to  contract  debt  except  by  ordinance  specifying  purpose  for 

which  funds  proposed  to  be  raised  are  to  be  applied.     Such 

ordinance  to  be  irrepealable  until  debt  therein  provided  for 

fully  paid.     (N.M.  IX  12.) 
Same;  but  does  not  apply  for  debts  contracted  for  water  supply. 

(Colo.  XI  8.) 
Referendum  on  Proposition  to  Incur 

For  provisions  relating  to  local  referendum  generally,  See  Ini- 
tiative and  Referendum. 
Legislature  may  pass  general  laws  authorizing  cities  to  issue 
bonds;  but  none  to  be  issued  under  such  general  laws  unless 
first  authorized  by  a  majority  vote  by  ballot  of  qualified 
voters  thereof  voting  on  proposition.  Special  provision  for 
form  of  ballot.  This  not  to  apply  to  renewal,  refunding  or 
reissuing  of  bonds  lawfully  issued  or  authorized  by  law 
enacted  prior  to  ratification  of  constitution;  and  not  to  apply 
to  obligations  incurred  or  bonds  to  be  issued  to  pay  for 
street  and  sidewalk  improvements  or  sanitary  or  storm  water 
sewers,  the  cost  of  which  is  assessed  in  whole  or  part  against 
property  abutting  on  said  improvements  or  drained  by  such 

sewers.     (Ala.  XII  222.) 

No  debts,  except  to  pay  those  existing  time  adoption  constitution, 

to  be  incurred  without  consent  of  majority  of  qualified  electors 

voting  on  question  at  election  held  for  that  purpose.     Detailed 

provisions  as  to  ordinance  authorizing  debt  and  its  submission 

to  referendum.  (Ark.  XVI  1.) 
No  debt  to  be  created  unless  proposition  be  submitted  at  regular 
election  for  councilmen,  aldermen  or  officers  to  qualified 
electors  who  in  preceding  year  paid  property  tax  and  approved 
by  majority  thereof  voting  thereon  by  ballot  deposited  in 
separate  box.    This  section  does  not  apply  to  debts  contracted 

for  water  supply.     (Colo.  XI  8.) 

No  new  bonded  debt  other  than  for  refunding  to  be  incurred  by 

Chicago  until  proposition  approved  by  a  majority  legal  voters 

of  city   voting   on   question   at  general,   municipal   or   special 

election.  (111.  IV  34.) 
After  adoption  constitution  no  debt  except  as  provided  in  con- 
stitution to  be  created  by  Baltimore;  mayor  and  council  not  to 
"  involve  "  city  in  construction  of  or  in  granting  aid  to  "  works 
of  internal  improvement  *  *  *  which  shall  involve  the 
faith  and  credit  of  the  city,  nor  make  any  appropriation 
therefor  unless  such  debt  or  credit  be  authorized  "  by  legisla- 
ture and  by  city  ordinance  approved  by  majority  of  votes  cast 
at  election  provided  for  such  ordinance;  this  prohibition  does 


124  State  Constitutions 


CITIES   [Cont'd) 
Debt   (Cont'd) 

Referendum  on  Proposition  to   Incur    (Cont'd) 

not  prevent  temporary  loans  for  deficiencies  in  city  treasury 
or  to  provide  for  emergencies  in  maintaining  police  or  "  pre- 
serving the  safety  and  sanitary  condition  of  the  city  "  or  for 
"  removal   or   extension  "   of   debts   lawfully   created   prior   to 

adoption  constitution.    (Md.  XI  7.) 
Not  to  incur  debt  for  railroads  or  other  works  of  internal  im- 
provement   unless     proposition     therefor     first    submitted    to 
qualified    electors    at    election    by    authority    of    law.       (Nebr. 

XII  2.) 
No  debt  to  be  created  unless  proposition  is  submitted  at  regular 
election  for  city  officers  to  such  qualified  electors  thereof  as 
have  paid  a  property  tax  therein  during  the  preceding  year 
and  is  approved  by  majority  of  those  voting  by  ballot  deposited 
in  separate  ballot  box.  This  not  to  prevent  issue  without  sub- 
mission  to  voters  of  bonds  to  pay  or   refund  valid  bonds  of 

city.      (N.M.  IX  12,  15.) 
No  debt  to  be  contracted  nor  faith  or  credit  pledged  unless  "  by 

vote"  of  majority  of  qualified  voters.  (N.C.  VII  7.) 
No  debt  to  be  created  without  submitting  question  to  qualified 
electors  as  provided  in  constitution  "  for  special  elections " 
and  unless  majority  voting  on  question  approve.  Legislature 
in  authorizing  special  election  in  incorporated  city  on  question 
of  bond  issue  to  prescribe  as  condition  precedent  to  holding 
election  a  petition  of  majority  of  freeholders  thereof  as  shown 
by  tax  books ;  at  such  election  payment  of  "  all  taxes,  city, 
county  and  municipal,  for  previous  year  "  a  necessary  qualifi- 
cation of  right  to  vote;  majority  of  those  voting  necessary  to 
authorize  issuance  of  bonds.  (S.C.  VIII  7,  II  13.) 
Credit  not  to  be  given  or  loaned  to  or  in  aid  of  any  person, 
company,  association  or  corporation  except  on  assent  of  three- 
fourths  of  qualified  voters  voting  at  election  thereon.      (Tenn. 

II  29.) 
No  debt  to  be  contracted  unless  all   questions   connected  there- 
with shall  have  been  approved  by  three-fifths  of  votes  cast  for 
and  against  on  submission  to  people.      (W.Va.  X  8.) 
No  debt  or  liability  to  be  incurred  for  any  purpose  "  exceeding 
in  any  year  the  income  and  revenue  provided  for  such  year  " 
unless  approved  by  two-thirds  qualified  electors  voting  at  elec- 
tion held  for  purpose.     Indebtedness  incurred  contrary  to  this 
provision  to  be  void.      (Cal.  XI   18.) 
Same;   but  not  to  be  construed  "to  apply  to  the  ordinary  and 
necessary    expenses    authorized    by    the    general    laws    of    the 

state".     (Ida.  VIII  3.) 

Not   to  become  indebted  in   any  manner  or   for  any  purpose  to 

amount  exceeding  in   any  year  income   and   revenue  for  that 

year  without  consent  of  two-thirds  voters  voting   at  election 


I.\i)K\   Digest  lL;f> 


CITIES   {Cont'd) 
Debt   (Cont'd) 

Referendum  on  Proposition  to  Incur    (Cont'd) 

held  for  purpose.  Debts  contracted  in  violation  of  this  pro- 
vision to  be  void  and  not  to  be  assumed  by  municipality  or 
enforcible   against   persons   contracting   them.      (Ky.    157.) 

Not  to  be  allowed  to  become  indebted  in  any  manner  or  for  any 
purpose  to  amount  exceeding  in  any  year  income  and  revenue 
provided  in  such  year  without  assent  two-thirds  voters  tbereof, 
voting  at  election  held  for  purpose.  This  not  to  apply  to 
cities  having  over  300,000  inhabitants.      (Mo.  X  12.) 

Not  to  be  allowed  to  become  indebted  in  any  manner  for  any 
purpose  to  amount  exceeding  in  any  year  income  and  revenue 
provided  in  such  year  without  assent  three-fifths  voters  thereof 
voting  at  election  held  for  purpose.     (Okla.  X  26.) 

No  city  or  subdivision  thereof  to  create  debt  in  excess  of  taxa- 
tion for  current  year  unless  majority  of  such  qualified  electors 
as  shall  have  paid  a  property  tax  in  the  preceding  year  shall 
approve  proposition  to  create  such  debt.      (Utah  XIV  3.) 

No  debt  in  excess  of  taxes  for  current  year  to  be  created  in  any 
manner  by  any  city  "  or  subdivision  thereof  "  unless  approved 
by  vote  of  people  on  proposition  submitted.      (Wyo.  XVI  4.) 

Not  to  -become  indebted  for  any  purpose  in  any  manner  to 
amount  exceeding  1%  per  cent,  of  taxable  property  in  city 
without  assent  of  three-fifths  voters  voting  at  election  held 
for  that  purpose.  Last  assessment  for  state  and  county  pur- 
poses previous  to  incurring  debt  to  be  taken;  except  that  in 
incorporated    cities   last    assessment    for    city    purposes    to   be 

taken.      (Wash.    VIII    6.) 

Not  to  "  incur  any  new  debt  or  increase  its  indebtedness  to  an 
amount  exceeding  "  2  per  cent,  upon  assessed  value  taxable 
property  without  assent  electors  at  public  election  in  manner 
provided  by  law.     (Pa.  IX  8.) 

Not  become  indebted  for  any  purpose  in  any  manner  to  amount 
exceeding  4  per  cent,  taxable  property  without  assent  of  ma- 
jority property  taxpayers  who  must  also  be  qualified  electors 
voting  at  election  provided  by  law  to  be  held  for  purpose; 
value  of  taxable  property  to  be  ascertained  by  last  assessment 
for  state  and  county  purposes  previous  to  incurring  debt,  but 
in  incorporated  cities  assessment  to  be  taken  from  last  assess- 
ment for  city  purposes.      (Ariz.  IX  8.) 

Proposition  to  incur  debt  in  excess  of  constitutional  limit  to  pro- 
vide for  water  supply  or  sewers  must  be  submitted  to  vote  of 
taxpayers  affected.      (Mont.  XIII  6.) 

Debts  of  incorporated  cities  in  excess  of  general  constitutional 
limit  on   amount  of  debt   require   approval   "by  a   two-thirds 

vote  ".     (X.D.  XII   1X3.) 

Incorporated  city,  by  majority  of  "qualified  property  taxpaying 
voters"  voting  at  election  field  for  purpose,  may  incur  debt  in 


126  State  Constitutions 


CITIES   (Cont'd) 
Debt   (Cont'd) 

Referendum  on  Proposition  to  Incur    (Cont'd) 

excess  of  general  constitutional  limit  for  purchase  or  construc- 
tion, or  repair  of  public  utilities  owned  exclusively  by  city. 

(Okla.  X  27.) 

No  debt  in  excess  of  constitutional  limit  for  water  supply,  sewers, 
railways  or  lighting  plants  to  be  incurred  without  majority 
vote  of  electors  voting  in  favor  thereof.     (S.D.  XIII  4.) 

In  elections  to  determine  assumption  of  debt  only  those  electors 
who  pay  taxes  on  property  therein  are  qualified  to  vote.     (Tex. 

VI    3.) 
Limit  of  Amount 

Cities  having  less  than  6,000  population,  except  as  otherwise  pro- 
vided in  constitution,  not  to  become  indebted  in  amount  "  in- 
cluding present  indebtedness  "  exceeding  5  per  cent,  assessed 
value  of  property  therein  excej)t  for  construction  or  purchase 
of  waterworks,  gas  or  electric  lighting  plants  or  sewerage,  or 
for  improvement  of  streets  for  which  purposes  additional  debt 
not  exceeding  3  per  cent,  may  be  created.  Limitation  not  to 
affect  debt  authorized  time  adoption  constitution,  nor  tem- 
porary loans  to  be  paid  within  one  year  made  in  anticipation 
of  collection  of  taxes,  not  exceeding  one-fourth  of  annual 
revenues  of  such  city;  this  not  to  prevent  funding  or  refund- 
ing of  "  existing  indebtedness  ".      ( Ala.  XII  225. ) 

Those  having  6,000  or  more  population  and  those  specified 
authorized  to  become  indebted  in  amount  -•  including  present  " 
debt  not  exceeding  7  per  cent,  assessed  valuation  of  property 
therein,  but  following  classes  of  debt  not  to  be  included  in 
this  limitation:  temporary  loans  paid  within  one  year  made  in 
anticipation  of  collection  of  taxes  not  exceeding  one-fourth  of 
general  revenues;  bonds  or  obligations  issued  or  to  be  issued 
for  purpose  of  acquiring  or  constructing  schoolhouses,  water- 
works, sewers;  obligations  and  bonds  incurred  for  street  or 
sidewalk  improvements,  cost  of  which  wholly  or  partly  assessed 
against  abutting  property;  proceeds  of  obligations  in  excess  of 
7  per  cent,  limit  to  be  applied  solely  to  purposes  for  which 
such  obligations  issued.  Not  to  prevent  funding  or  refunding 
of  existing  indebtedness.    This  section  not  to  apply  to  specified 

cities.    (Ala.  XII  225.) 

Where  present  debt  exceeds  limit,  not  to  be  allowed  to  become 
indebted  in  further  amount  except  as  otherwise  provided  by 
constitution  until  debt  reduced  within  limit.  This  not  to  pre- 
vent any  municipality  except  one  specified  from  issuing  bonds 
authorized  prior  adoption  constitution  and  not  to  apply  to 
specified  cities;  and  not  to  prevent  funding  or  refunding  of 
"existing  indebtedness".      (Ala.  XII  226,  225.) 

Not  to  become  indebted  for  any  purpose  in  amount  exceeding 
4  per  cent,  of  taxable  property  therein  without  referendum. 
Value  of  taxable  property  to  be  ascertained  by  last   assess- 


I\iu:.\   Digest  127 


CITIES    (Cont'd) 
Debt   (Con I'd) 

Limit  of  Amount    (Cont'd) 

ment  for  state  and  county  purposes  previous  to  incurring  debt, 
except  that  in  incorporated  cities  the  assessment  shall  be  taken 
from  the  last  assessment  for  city  purposes.  Incorporated 
city  may  be  allowed  to  incur  additional  debt  "  not  exceeding 
15  per  cent,  additional  "  for  water  supply,  artificial  light  or 
sewers,  when  works  for  supplying  such  water,  light  or  sewers 
"  are  or  shall  be  owned  and  controlled  by  the  municipality  ". 

(Ariz.   IX  8.) 

Not  to  exceed  in  aggregate  7  per  cent,  of  assessed  value  of  real 
and  personal  property  therein  according  to  last  general  assess- 
ment. Debt  may  be  incurred  for  waterworks  or  lighting  plants 
when  approved  on  referendum  in  excess  of  this  limitation; 
and  such  debt  not  to  be  included  in  computation  of  existing 
debt  in  order  to  determine  power  to  become  further  indebted, 
provided  a  mortgage  or  other  lien  on  such  works  or  plant  and 
its  franchise  be  given   as  additional  security   for   such  debts. 

(Ark.  XVI  1.) 

Five  million  dollar  bond  issue  by  San  Francisco  for  aid  to  Pan- 
ama Exposition  to  be  "  exclusive  of  bonded  indebtedness  of 
the  said  city  and  county,  limited  by  section  9  of  article  XII  " 
of  the  charter  of  the  city  and  county.     (Cal.  XI  8a.) 

Aggregate,  together  with  debt,  existing  time  election  on  proposi- 
tion, not  at  any  time  to  exceed  3  per  cent,  valuation  of  tax- 
able property  as  shown  by  assessment  next  preceding  the  last 
assessment  before  the  adoption  of  ordinance  authorizing  debt. 

(Colo.  XI  8.) 

Not  to  be  allowed  to  become  indebted  in  any  manner  or  for  any 
purpose  to  amount  including  existing  indebtedness  in  aggre- 
gate exceeding  5  per  cent,  value  of  taxable  property  therein 
ascertained  by  last  assessment  for  state  and  county  taxes 
previous  to  incurring  debt;  but  this  not  to  prevent  issuing 
bonds  in  compliance  with  vote  of  people  had  prior  to  adoption 
constitution  in  pursuance  of  law.      (111.  XI  12.) 

If  Chicago  becomes  liable  for  debts  of  two  or  more  municipal 
corporations  consolidated  with  it,  then  the  legislature  may 
authorize  Chicago  to  become  indebted  to  an  amount  including 
its  existing  indebtedness  and  debts  of  all  municipal  corpora- 
tions lying  wholly  within  its  limits  and  its  share  of  county 
and  sanitary  district  debt  as  determined  in  manner  prescribed 
by  legislature,  in  an  aggregate  sum  not  exceeding  5  per  cent, 
of  full  value  of  taxable  property  within  its  limits,  as  ascer- 
tained by  last  assessment  for  state  or  municipal  purposes 
previous  to  incurring  debt.        (111.  rV  34.) 

Not  to  be  authorized  or  permitted  to  incur  debt  to  amount  in- 
cluding existing  debt  in  aggregate  exceeding  following  per- 
centage of  value  of  taxable  property  therein  to  be  ascer- 
tained by  assessment  next  before  last  assessment  previous  to 


12S  State  Constitutions 


CITIES   (Cont'd) 
Debt   (Cont'd) 

Limit  of  Amount    (Cont'd) 

incurring  debt:  Cities  of  first  and  second  class  and  of  third 
class  having  population  over  15,000,  10  per  cent.;  cities  of 
third  class  under  15,000  and  fourth  class,  5  per  cent.;  other 
cities  3  per  cent.  Debts  in  excess  of  this  limit  may  be  con- 
tracted when  authorized  by  laws  in  force  prior  to  adoption 
of  constitution  or  when  necessary  for  completion  and  pay- 
ment for  public  improvement  undertaken  and  not  completed 
and  paid  for  at  time  of  adoption;  any  city,  debt  of  which 
exceeds  limit  at  time  of  adoption  not  to  increase  more  than 
2  per  cent,  until  debt  reduced  within  limit  and  thereafter 
not  to  exceed  limit  "  unless  in  case  of  emergency,  the  public 
health  or  safety  should  so  require  ".  Renewal  bonds  or  bonds 
to  fund  floating  debt  not  prevented  by  this  limitation.      (Ky. 

158.) 

Cities  having  less  than  40,000  population,  as  shown  by  last 
United  States  census,  not  to  create  any  debt  or  liability 
which  singly  or  in  aggregate  with  previous  debts  or  liabilities 
exceeds  5  per  cent,  of  last  regular  valuation.  This  not  to  be 
construed  as  applying  to  funds  received  in  trust  by  city  or  to 
loans  to  renew  existing  loans  "  or  for  war  or  to  temporary 
loans  to  be  paid  out  of  the  money  raised  by  taxes  during  the 
year  in  which  they  were  made".    (Me.  Amend.  XXII.) 

Cities  having  population  of  40,000  or  more  by  last  United  States 
census  may  create  debt  which  singly  or  in  aggregate  with 
previous  debts  or  liabilities  equals  l]/2  per  cent,  of  last  regular 
valuation;  increase  over  5  per  cent,  (previously  allowed)  to 
to  be  one-fourth  per  cent,  in  any  one  year  "  by  majority  vote 
of  their  city  government "  until  in  not  less  than  10  years 
the  maximum  rate  of  ll/2  per  cent,  is  reached,  and  any  city 
failing  to  take  increase  provided  for  any  year  loses  increase 
for  that  year.  This  not  to  be  construed  as  applying  to  funds 
received  in  trust  by  city  or  to  loans  to  renew  existing  loans 
"  or  for  war  or  to  temporary  loans  to  be  paid  out  of  the  money 
raised  by  taxes  during  the  year  in  which  they  were  made  ". 

(Me.  Amend.  XXII.) 

Cities  may  acquire  or  operate  public  utility  and  issue  "  mort- 
gage bonds  therefor  "  beyond  general  bonded  debt  limit  pre- 
scribed by  law.  These  bonds  not  to  impose  liability  on  city 
but  to  be  secured  only  on  property  and  revenues  of  the  utility 
"  including  a  franchise,  stating  the  terms  upon  which  in  case 
of  foreclosure  the  purchaser  may  operate  the  same  ",  but  this 
not  to  extend  longer  than  20  years  from  date  of  sale  of  utility 
and  franchise'  on  foreclosure.      ( Mich.  VIII  23. ) 

Legislature  not  to  authorize  issue  of  bonds  or  incurring  indebt- 
edness in  any  manner  "  to  aid  in  the  construction  or  equip- 
ment of  any  or  all  railroads"  to  an  amount  exceeding  5  per 
cent,  of  value  of  its  taxable  property;  such  value  to  be  ascer- 


Index  Digest  129 


CITIES    (Cont'd) 
Debt    (Cont'd) 

Limit  of  Amount    (Cont'd) 

tained  by  last  assessment  for  state  and  county  taxes  previous 
to  incurring  debt.      (Minn.  IX   15.) 

Not  to  be  allowed  to  incur  debt  to  amount  including  existing 
debt  in  aggregate  exceeding  5  per  cent,  of  value  of  taxable 
property  therein  to  be  ascertained  by  assessment  next  before 
last  assessment  for  state  and  city  purposes  previous  to  incur- 
ring debt.     This   not   to   apply   to  cities  having  over   300,000 

inhabitants.      (Mo.  X  12.) 

Any  city  of  not  more  than  30,000  nor  less  than  2,000  may,  with 
assent  of  two-thirds  voters  thereof  voting  at  election  held  for 
purpose,  be  allowed  to  become  indebted  in  a  larger  amount 
than  the  constitutional  limit  of  5  per  cent.,  but  not  exceeding 
an  additional  5  per  cent,  on  value  of  taxable  property  therein 
"for  the  purpose  of  purchasing  or  constructing  waterworks), 
electric  or  other  light  plants  to  be  owned  exclusively  by  the 

city".      (Mo.  X   12a.) 

St.  Louis  authorized  with  assent  of  two-thirds  voters  to  issue 
bonds  for  construction  and  improvement  waterworks,  interest 
and  principal  payments  on  which  to  be  provided  for  from 
income  of  such  works  and  city  to  establish  sinking  fund  for 
payment  of  bonds  so  authorized  "according  to  the  times  fixed 
from  the  maturity  of  the  same".      (Mo.  X  12.) 

St.  Louis  bonds  in  specified  amount  representing  debt  assumed 
by  city  in  scheme  separating  city  from  county;  not  to  be 
included  in  computation  of  existing  bonded  debt  in  determining 
amount  which  city  is  authorized  to  issue.      (Mo.  X  12.) 

St.  Louis  bonds  in  specified  amount  expended  prior  to  specified 
date  on  construction  of  waterworks  and  bonds  subsequently 
issued  for  construction  and  improvement  of  waterworks,  inter- 
est and  principal  payments  on  which  are  provided  for  from 
the  revenues  of  the  waterworks  not  to  be  included  in  com- 
puting existing  bonded  debt  in  determining  amount  which 
city  is  authorized  to  issue.      (Mo.  X  12.) 

Corporate  authority  of  any  city  having  more  than  200,000  in- 
habitants which  has  exceeded  its  constitutional  limit  of  debt 
not  to  incur  further  bonded  debt  except  for  renewal  of  other 
bonds  "until  such  excess  of  indebtedness  ceases",  but  "may, 
in  anticipation  of  the  customary  annual  revenue  thereof,  ap- 
propriate during  any  fiscal  year  towards  the  general  gov 
ernmental  expenses  thereof  a  sum  not  exceeding  seven  eighths 
of  the  entire  revenue  applicable  to  general  governmental  pur- 
poses (exclusive  of  the  payment  of  the  bonded  debt  of  such 
city)  that  was  actually  raised  by  taxes  alone  during  the  pre 
ceding  fiscal  year".      (Mo.  IX  19.) 

Not  to  be  allowed  to  become  indebted  in  any  manner  or  for  any 
purpose  to  amount  including  existing  indebtedness  in  aggre- 
gate exceeding  3  per  cent,  of  value  of  taxable  property  therein 

5 


130  State  ( 'oxstitutioxs 

CITIES   (Cont'd) 
DEBT    (Cont'd) 

Limit  of  Amount    [Cont'd) 

to  i>»'  ascertained  by  last  assessment  for  state  and  county  taxes 
previous  to  incurring  such  debt;  all  bonds  or  obligations  in 
excess  of  this  amount  to  be  void;  legislature  may  extend  this 
limit  by  authorizing  municipal  corporations  to  submit  ques- 
tion to  vote  of  taxpayers  affected  when  increase  is  necessary 
to  construct  sewerage  system,  or  to  procure  water  supply  for 
such  municipality  "  which  shall  own  and  control  said  water 
supply  and  devote  revenues  derived  therefrom  to  the  payment 

of  the  debt  ".      ( Mont.  XIII  6. ) 

Cities  authorized  to  incur  debt  for  railroads  or  other  works  of 
internal  improvement  when  approved  on  referendum;  but  such 
debts  incurred  by  a  county,  together  with  such  debts  of  sub- 
divisions of  the  county,  not  to  exceed  in  the  aggregate  10  per 
cent.  Of  the  assessed  valuation  of  county.  Drty  may.  by  two- 
thirds  vote,  increase  such  debt  5  per  cent,  in  addition  to  such 

10  per  cent.      (Xebr.   XII   2.) 

Xot  to  become  indebted  to  amount  in  aggregate  including  exist- 
ing debt  exceeding  4  per  cent,  of  value  of  taxable  property 
within  city  to  be  ascertained  by  last  preceding  assessment  for 
state  or  city  purposes.  This  not  to  prevent  issue  of  bonds  to 
pay  or  refund  valid  bonds  of  city.  Bonds  or  obligations  issued 
in  excess  of  limit  to  be  void  except  that  debts  may  be  con- 
tracted in  excess  of  limit  for  construction  or  purchase  of  water 
supply  system  or  sewer  system.      (X.M.  IX   13,  15.) 

Xot  to  be  allowed  to  become  indebted  for  any  purpose  or  in 
any  manner  to  an  amount  which  including  existing  indebted- 
ness shall  exceed  10  per  cent,  of  assessed  value  of  real  estate 
therein  subject  to  taxation  as  it  appeared  on  assessment  rolls 
tliereof  on  last  assessment  for  state  and  county  taxes  prior  to 
incurring  debt;  debts  in  excess  of  this  limit  except  debts 
existing  time  adoption  constitution  to  be  "absolutely  void" 
except  as  otherwise  provided  in  constitution.  Debts  in  excess 
of  the  limit  if  valid  when  incurred  not  to  become  invalid  by 
reason    of    provisions    of    the    constitutional    limitation    on 

amount.      (X.Y.  VIII    10.) 

Debts  existing  time  adoption  constitution  in  excess  of  limit  of 
amount  fixed  by  constitution  not  to  be  void;  but  no  further 
debt   to  be  incurred   until  indebtedness   reduced   within   limit. 

(X.Y.  VIII  10.) 

Prohibition  of  debt  in  excess  of  limit  not  to  prevent  issuing  "  cer- 
tilicates  of  indebtedness  or  revenue  bonds  issued  in  anticipation 
of  the  collection  of  taxes  for  amounts  actually  contained  or  to 
be  contained  in  the  taxes  for  the  year  when  such  certificates 
or  revenue  bonds  are  issued  and   payable  out  of  such  taxes  ". 

(X.Y.  VIII   10.) 

Prohibition  of  debt  in  excess  of  not  to  prevent  city  of  Xew  York 
from  issuing  "  bonds  to  be   redeemed  out  of  the  tax  lew  for 


Index   Digest  13] 


CITIES   {Cont'd) 
Debt  (Cont'd) 

Limit   of  Amount    (Cont'd) 

tlie  year  next  succeeding  the  year  of  their  i-Mie.  provided  that 
the   amount    of   such    bonds   which    may    he    issued    in    any    one 
year    in   excess   of   the   limitations   herein    contained    shall    not. 
exceed    one-tenth    of    1    per    cent,    of   the   assessed    valuation    of 
the  real   estate  of  said   city  subjeet   to  taxation-'.    (X.Y.  VTII 

10.) 

Prohibition  of  debt  in  excess  of  limit  not  to  prevent  issue  of 
bonds  ••  to  provide  for  the  supply  of  water",  but  such  bonds 
issued  in  exress  of  the  debt  limit  shall  be  for  a  term  not 
exceeding  20  years;  and  a  sinking  fund  for  their  redemption 
shall  be  created  on  issuance  by  raising  an  annual  sum  which 
will   produce   an   amount   equal   to   principal   and   interest   on 

maturity.      (  X.Y.  VIII  10.) 

In  computing  existing  debt  for  purpose  of  determining  city's 
power  to  become  further  indebted,  pre-existing  debt  of  a 
county  wholly  included  within  a  city  not  to  be  included  in 
computation.  "  but  any  debt  hereafter  incurred  by  any  portion 
or  part  of  a  city"  to  be  included.      (X.Y.  VIII   10.) 

"  Certificates  of  indebtedness  or  revenue  bonds  issued  in  antici- 
pation of  the  collection  of  taxes  which  are  not  retired  within 
five  years   after   their   date   of    issue  "   to  be   included    for   the 
purpose    of    ascertaining    city's   power    to    become    further    in- 
debted.     (X.Y.  VIII   10.) 

Bonds  issued  to  provide  for  supply  of  water  to  be  included  in 
ascertaining  power  of  city  to  become  otherwise  indebted;  but 
debts  incurred  by  Xew  York  City  (after  January  1,  1904  I .  and 
by  cities  of  second  class  (after  January  1.  1908).  and  by  cities 
of  third  class  (after  January  1.  1910)  to  provide  for  water 
supply  not  to  be  so  included.      (X.Y.  VIII   10.) 

Debts  incurred  by  Xew  York  City  subsequent  to  adoption  con- 
stitutional provision  "  for  a  public  improvement  owned  or  to 
be  owned  by  the  city  which  yields  to  the  city  current  net 
revenue  after  making  any  necessary  allowance  for  repairs 
and  maintenance  for  which  the  city  is  liable  in  excess  of  the 
interest  on  said  debt  and  of  the  annual  instalments  necessary 
for  its  amortization  may  be  excluded  in  ascertaining  the  power 
of  said  city  to  become  otherwise  indebted  "  provided  a  sinking 
fund  be  established  and  maintained  for  its  amortization;  but 
such  indebtedness  not  to  be  so  excluded  "  during  any  period 
of  time  when  the  revenue  aforesaid  shall  not  be  sufficient  to 
equal  the  said  interest  and  amortization  instalments  ".  Legis- 
lature to  prescribe  method  by  which  and  terms  and  conditions 
under  which  amount  of  debt  to  be  so  excluded  shall  be  de- 
termined and  no  debt  to  be  excluded  except  "  in  accordance 
with  the  determination  prescribed  ".  Legislature  may  confer 
appropriate  jurisdiction  on  appellate  division,  first  department, 
"  for  the  purpose  of  determining  the  amount  of  any  debt  to  be 

so  excluded".      (N.Y.   VIII    10.) 


l-"52  State  Constitutions 


CITIES   {Cont'd) 
Dkht    (Cont'd) 

Limit  of  Amount    (Cont'd) 

Debts  incurred  prior  to  adoption  constitutional  provision  by 
Xew  Y'ork  City  "for  any  rapid  transit  or  dock  investment" 
may  be  excluded  in  ascertaining  the  power  of  the  city  to 
become  otherwise  indebted  "  proportionately  to  the  extent  to 
which  the  current  net  revenue  received  by  said  city  there- 
from  shall  meet  the  interest  and  amortization  instalments 
thereof,  provided  tiiat  any  increase  in  the  debt  incurring 
power  of  the  city  of  New  York  which  shall  result  in  the 
exclusion  of  debts  (incurred  prior  adoption  constitutional  pro- 
vision) shall  be  available  only  for  the  acquisition  or  construc- 
tion of  properties  to  be  used  for  rapid  transit  or  dock  pur- 
poses ".  Legislature  to  prescribe  method  by  which  and  term 
and  conditions  under  which  amount  of  debt  to  be  so  excluded 
shall  be  determined  and  no  debt  to  be  excluded  except  "  in 
accordance  with  the  determination  so  prescribed  ".  Legisla- 
ture may  confer  appropriate  jurisdiction  on  appellate  division, 
first  department,  "  for  the  purpose  of  determining  the  amount 
of  any  debt  to  be  so  excluded".      (N.Y.  VIII  10.) 

Never  to  exceed  5  per  cent,  on  assessed  value  of  taxable  prop- 
erty therein,  but  incorporated  city  may.  by  two-thirds  vote, 
increase  such  debt  3  per  cent,  on  such  assessed  value  beyond 
the  5  per  cent,  limit.  In  estimating  amount  of  future  debt 
which  city  may  incur,  entire  amount  of  existing  debt  con- 
tracted prior  or  subsequent  to  adoption  constitution  to  be 
included.  Incorporated  city  may  incur  debt  not  exceeding  4 
per  cent,  on  assessed  value  "  without  regard  to  existing  in- 
debtedness"  for  "constructing  or  purchasing  waterworks  for 
furnishing  a  supply  of  water  to  the  inhabitants  of  such  city 
or  for  the  purpose  of  constructing  sewers  ".  Bonds  or  obliga- 
tions in  excess  of  limit  to  be  void.     (N.D.  XII  183.) 

Not  to  be  allowed  to  incur  debt  to  amount  including  existing 
debt  in  aggregate  exceeding  5  per  cent,  valuation  taxable  prop- 
erty therein  to  be  ascertained  from  last  assessment  for  state 
and  county  purposes  previous  to  incurring  debt.  "  Incorpo- 
rated city  may  by  vote  of  majority  of  qualified  property  tax- 
paying  voters,  voting  at  election  held  for  purpose,  be  allowed 
to  become  indebted  in  larger  amount  for  purchase,  construc- 
tion or  repairing  of  public  utilities  owned  exclusively  by  such 
city,  provided  provision  be  made  for  annual  tax  to  pay  in- 
terest and  constitute  sinking  fund  for  redemption  within  25 
years  ".  This  limitation  on  amount  of  debt  not  to  "  apply  " 
to  debt  created  or  bonds  issued  to  pay  existing  debt  under 
territory  laws.      (Okla.  X  26,  27,  Sched.  25.) 

Except  as  provided  in  constitution  not  to  exceed  7  per  cent,  upon 
assessed  value  taxable  property,  but  city  whose  debt  at  time 
adoption  constitution  exceeds  7  per  cent,  may   be  authorized 


I  \i)EX   Digest  133 


CITIES   (Cont'd) 
Debt   (Cont'd) 

Limit  of  Amount    (Cont'd) 

by  law  to  increase  3  per  cent.  "  in  the  aggregate  at  any  one 
time  upon   such   valuation".      (Pa.   IX   S.) 

Debts  incurred  by  Philadelphia  "  city  and  county  "  for  construc- 
tion and  development  of  subways  for  transit,  or  for  con- 
struction of  or  reclamation  of  land  for  construction  of  wharves 
and  docks  (after  1911)  as  "public  improvements  owned  or 
to  be  owned  "  by  the  city  and  county,  which  yield  current  net 
revenue  to  city  and  county  in  excess  of  interest  and  annual 
amortization  charges  may  be  excluded  in  ascertaining  power 
of  city  and  county  to  become  otherwise  indebted,,  if  sinking 
fund  therefor  be  established  and  maintained.      (Pa.  IX  8.) 

Not  to  incur  any  bonded  debt  which  including  existing  bonded 
debt  shall  exceed  8  per  cent,  of  assessed  value  of  taxable  prop- 
erty therein.  This  not  to  prevent  issuing  of  certificates  of  in- 
debtedness in  anticipation  of  collection  of  taxes  for  amounts 
contained  or  to  be  contained  in  taxes  for  year  when  such  cer- 
tificates are  issued  and  payable,  out  of  such  taxes,  and  not  to 
prevent  issuing  bonds  to  amount  sufficient  to  refund  bonded 
debt  existing  time  adoption  constitution.      (S.C.  VIII  7.) 

Limit  of  8  per  cent,  not  to  apply  to  bonded  debt  incurred  by 
specified  city  exclusively  for  building  and  maintaining  streets, 
waterworks,  lighting  plants,  sewerage  system  or  payment  of 
existing  debts.  When  question  submitted  to  qualified  electors 
as  provided  in  constitution  for  other  debt.      (S.C.  VIII  7.) 

Limitation  not  to  apply  to  debt  incurred  by  specified  cities  for 
purchase,  establishment,  maintenance  or  extension  of  water- 
works and  sewerage  system  and  to  specified  city  for  gas  and 
electric  light  plants  "  where  entire  revenue  arising  from  the 
operation  of  such  plants  or  systems  shall  be  devoted  solely  and 
exclusively  to  the  maintenance  and  operation  "  thereof  and 
where  proposition  to  incur  such  debt  is  submitted  to  free- 
holders and  qualified  voters  as  provided  by  constitution  for 
other  bonded  debt.      (S.C.  VIII  7.) 

Limitation  not  to  apply  to  debt  incurred  by  specified  cities  to  an 
amount  not  exceeding  15  per  cent,  for  payment  past  indebted- 
ness for  improvement  streets  and  sidewalks,  providing  sewer- 

.  age  or  purchasing,  establishing  or  operating  waterworks  or 
electric  light  plants.      (S.C.  VIII   7.) 

Limitation  not  to  apply  to  bonded  debt  incurred  by  specified 
cities  not  exceeding  15  per  cent,  of  assessed  value  for  sole 
purpose,  of  paying  expenses  incurred  in  street  improvements 
where  abutting  parties  pay  two  thirds  or  one-half  cost.      (S.C. 

VIII  7.) 

Never  to  exceed  5  per  cent,  of  assessed  valuation  of  taxable  prop- 
erty therein  for  year  preceding  that  in  which  the  indebtedness 
is  incurred ;  "  in  estimating  amount  of  the  indebtedness  which 


134  State  Constitutions 


CITIES    (Cont'd) 
Debt   (Cont'd) 

Limit  of  Amount    (Cont'd) 

a    municipal    subdivision    may    incur    amount    of    indebtedness 
contracted  prior  to  the  adoption  of  the  constitution  shall  be 

included".  (S.D.  XIII  4.) 
In  addition  to  limit  of  5  per  cent,  on  city  debt  "  municipal  cor- 
porations "  authorized  to  incur  not  exceeding  10  per  cent,  for 
"  water  and  sewerage  for  irrigation,  domestic  uses,  sewerage 
and  other  purposes";  and  cities  of  8,000  or  more  authorized 
to  incur  debt  not  exceeding  8  per  cent,  for  street  railways, 
electric  lights  or  other  lighting  plants;  but  no  debt  for  these 
purposes  to  be  incurred  without  referendum.  (S.D.  XIII  4.) 
Xot  to  become  indebted  "  to  an  amount  including  existing:  in- 
debtedness  exceeding  4  per  cent,  of  the  value  of  the  taxable 
property  therein  ",  ascertained  by  last  assessment  for  state 
and  county  purposes  previous  to  incurring  debt,  except  that 
in  incorporated  cities  last  assessment  for  city  purposes  to  be 
taken.  Nothing  in  this  article  to  prevent  contracting  debt 
under  proposition  submitted  under  laws  of  territory  to  quali- 
fied electors  before  constitution  took  effect.  (Utah  XIV  4.) 
Cities  of  first  and  second  class  when  authorized  by  vote  of  tax- 
paying  electors  "  may  be  allowed  to  incur  a  larger  indebted- 
ness (than  the  4  per  cent,  previously  authorized)  not  to  exceed 
4  per  cent,  for  supplying  such  cities  with  water,  artificial  lights 
or  sewers  when  the  works  for  supplying  such  water,  lights 
and    sewers    are    owned    and    controlled    by    the    municipality. 

(Utah  XIV  4.) 
Third-class  cities  may  be  allowed  to  incur  larger  indebtedness 
( than  the  4  per  cent,  previously  authorized )  not  to  exceed  8 
per  cent,  additional  for  supplying  the  city  with  water,  artifi- 
cial lights  or  sewers  when  the  works  supplying  such  water, 
lights  and  sewers  are  owned  and  controlled  by  the  city.     (Utah 

XIV  4.) 
Not  to  issue  bonds  or  other  interest-bearing  obligations  for  any 
purpose  or  in  any  manner  to  amount  which,  including  existing 
indebtedness,  shall  at  any  time  exceed  18  per  cent,  of  assessed 
valuation  of  real  estate  therein,  subject  to  taxation  as  shown 
by  last  preceding  assessment  for  taxation.  This  not  to  apply 
to  cities  whose  charters  existing  time  adoption  constitution 
authorize  larger  percentage  of  debt.  (Va.  VIII  127.) 
In  determining  limitation  of  city's  power  to  incur  debt,  "cer- 
tificates of  indebtedness,  revenue  bonds  <>r  other  obligations 
Issued  in  anticipation  of  the  collection  of  the  revenue  *  *  * 
for  the  then  current  year,  provided  that  such  certificates, 
bonds  or  other  obligations  mature  within  one  year  from  the 
date  of  their  issue  and  be  not  past  due,  and  do  not  exceed  the 
revenue  for  such  year",  not  to  be  included,      (Va.  VIIT   127.) 


Ixdex  Digest  135 


CITIES   (Cont'd) 
Debt   (Cont'd) 

Limit  of  Amount    (Cont'd) 

In   determining   the    limitation    of    city's   power   to   incur   debt, 
bonds  authorized  by  ordinance  enacted  in  accordance  with  the 
provisions   of   the   constitution,    and    approved   by   affirmative 
vote,  majority  qualified  voters  of  city  voting  on  question   at 
general  election  next  succeeding  enactment  of  ordinance  or  at 
special  election   held   for  that   purpose  for   a  supply  of  water 
or  other  specific  undertaking  from  which  city  may  "derive  a 
revenue  not  to  be  included,  but  from  and  after  period  to  be 
determined   by  council  not  exceeding  five  years  from  date  of 
election   whenever   and  for   so  long  as  such  undertaking  fails 
to  produce  sufficient  revenue  to  pay  for  cost  of  operation  and 
administration    ( including    interest   on   bonds    issued   therefor 
and  the  cost  of  insurance  against  loss  by  injury  to  persons  or 
property)   and  an  annual  amount  to  be  covered  into  a  sinking 
fund  sufficient  to  pay  at  or  before  maturity  all  bonds  issued 
on   account   of   said   undertaking,   all   such  bonds   outstanding 
shall  be  included  in  determining  the  limitation  of  the  power 
to  incur  indebtedness  unless  the  principal  and  interest  thereof 
be  made  payable  exclusively  from  the  receipts  of  the  under- 
taking ".     (Va.    VIII    127.) 
No  debt  to  be  incurred  in  excess  of  one  and  one-half  per  cent,  of 
value  of  taxable  property  without  referendum;  and  total  debt 
not   to   exceed   5   per   cent,   of   such  value.     Value   of   taxable 
property  to  be  ascertained  from  last  assessment  for  state  and 
county   purposes   previous  to   incurring  debt,  but  in   incorpo- 
rated cities,  last  assessment  for  city  purposes  to  be  taken.   City 
may  be  allowed  to  become  indebted  to  larger  amount  not  ex- 
ceeding 5   per  cent,   additional   for  supplying  water,  artificial 
light  and  sewers  when  the  works  therefor  are  owned  and  con- 
trolled by  municipality.      (Wash.  VIII  6.) 
Not  to  be  allowed  to  become  indebted  in  any  manner  or  for  any 
purpose   to   an   amount  .  including   existing  debt   in   aggregate 
exceeding  5  per  cent,  of  value  of  taxable  property  therein  to 
be  ascertained  by  last   assessment   for  state  and  county  taxes 
previous    to    incurring    debt.      Bonds    already    authorized    ex- 
cepted from  operation  of  debt  limit  provisions.      (W.Va.  X  8.) 
Xot   to  be  "  allowed  to  become   indebted   in   any  manner  or   for 
any   purpose   to   any   amount    including   existing   indebtedness 
in   the  aggregate  exceeding   5   per   cent,   on   the.  value   of   the 
taxable   property   therein  ".   to   lie   ascertained   by   last   assess- 
ment  for   state  and   county   taxes  previous  to   incurring  debt. 

(Wis.  XI  3.) 

City  or  "  subdivision  thereof  "  not  in  any  manner  to  create  any 

indebtedness  exceeding  2  per  cent,  of  assessed  value  of  taxable 

property  therein;  but  may  be  authorized  to  create  additional 


136  State  Constitutions 


CITIES   (Confd) 
Debt    (Cont'd) 

Limit  of  Amount    (Cont'd) 

indebtedness  not  exceeding  4  per  cent,  of  assessed  value  of 
taxable  property  as  shown  by  last  preceding  assessment  for 
purpose  of  building  "  sewerage ".  Debts  existing  at  time  of 
adoption  of  constitution  may  be  bonded  in  sum  not  exceeding 
4  per  cent,  of  assessed  value  of  taxable  property  as  shown  by 
last  general  assessment.  Debts  for  water  supply  excepted 
from  operation  of  debt  limit  provisions.  (Wyo.  XVI  5,  3.) 
Bonds 

For  exemption  of  from  taxation,  See  Taxation  —  Exemptions. 

Any  city  or  "  city  and  county  "  issuing  bonds  under  laws  of  state 

may   make   such  bonds   and   interest   thereon   payable   at   any 

place   or   places   within   or   outside   of    United    States   in    any 

money,   domestic  or  foreign,  designated  in  said  bonds.      (Cal. 

xi  uy2.) 

Detailed  provisions  for  special  authorization  of  bonds  to  be 
issued  by  San  Francisco  in  aid  of  Panama  Exposition.      (Cal. 

XI   8a.) 

Xo  bonds  or  other  evidences  of  debt  for  railroad  or  other  works 
of  internal  improvement  to  be  valid  unless  endorsed  with  cer- 
tificates signed  by  secretary  and  auditor  of  state,  showing  that 
they  are  issued  pursuant  to  law.      (Xebr.  XII  2.) 
Application  of  Proceeds 

Xo  money  raised  for  a  specific  purpose  to  be  used  for  any  other 
purpose.      (Ark.  XVI   1.) 

Limited  to  purpose  for  which  obtained  or  to  repayment  of  the 
debt  or  liability  created  therefor.      (Mo.  X  20.) 

Moneys  borrowed  to  be  used  only  for  purposes  specified  in  law 
authorizing  loan.      (Mont.   XIII    3.) 
Redemption  and  Interest 

For  (jeneral  provision  authorizing  taxation  for,  See  Taxation  — 

Local  Taxes. 

Provision  to  be  made  at. time  of  incurring  debt  for  collection  of 
annual  tax  not  exceeding  7  mills  on  the  dollar  to  pay  interest 
and  discbarge  principal  within  35  years  from  time  of  issuing 
bonds.  Bonds  to  be  "  serial  "  "  and  shall  be  paid  off  as  rapidly 
as  the  income  derived  from  said  tax  will  permit".  Detailed 
provisions  as  to  interest.      (Ark.  XVI  1.) 

Xo  debt  in  excess  of  revenue  to  be  incurred  unless  at  or  before 
time  of  incurring  provision  be  made  for  collection  of  annual 
tax  sufficient  to  pay  interest  and  to  constitute  sinking  fund 
tor  payment  of  principal  within  40  years  from  time  of  con- 
tracting.  Except  as  provided  in  constitution,  debt  incurred 
contrary  to  this  provision  to  lie  void;  hut  San  Francisco,  San 
Jfose  and  town  of  Santa  Clara  may  make  sinking  fund  pro- 
vision to  commence  at  a  time  after  incurring  debt  not  more 
than  a  period  of  one-fourth  of  time  of  maturity  which  shall 
not  exceed  75  years  from  time  of  contracting.     (Cal.  XI  18.) 


Index  Digest  137 


CITIES  (Cont'd) 
Debt   (Cont'd) 

Redemption  and  Interest    {<'ont'd) 

Any  city  or  "  city  and  county  "  issuing  bonds  tinder  laws  of  state 
may  make  them  and  interest  on  them  payable  at  any  place  or 
places  in  or  outside  United  Slates  and  in  any  money,  domestic 
or  foreign,  designated  in  said  bonds.      (Gal.  XI  lS1/^.) 

Ordinance  authorizing  incurring  of  debt  to  provide  for  levy  of 
tax  not  exceeding  12  mills  on  valuation  taxable  property  as 
shown  by  assessment  next  preceding  last  assessment  before 
adoption  of  such  ordinance  sufficient  to  pay  annual  interest 
and  extinguish  principal  within  15  but  not  less  than  10  years 
from  creation.  Application  proceeds  of  tax  limited  to  purpose 
specified  in  ordinance  until  debt  fully  discharged.  This  section 
does  not  apply  to  debts  contracted  for  water  supply.      ( Colo. 

XI  8.) 

Xo  debt  to  be  incurred  unless  at  same  time  provision  be  made 
for  collection  of  annual  tax  sufficient  to  pay  interest  and  to 
constitute  sinking  fund  for  payment  of  principal  within  20 
years  from  time  of  contracting.  Any  debt  or  liability  in- 
curred contrary  to  this  provision  to  be  void.      (Ida.  VIII  3.) 

To  provide  at  or  before  time  of  incurring  indebtedness  for  col- 
lection direct  annual  tax  sufficient  to  pay  interest  and  dis- 
charge  principal   within   20   years   from    time   of   contracting. 

(111.  XI  12.) 

Whenever  authorized  to  create  debt  shall  be  required  to  provide 
at  same  time  for  collection  of  annual  tax  sufficient  to  pay 
interest  and  to  create  sinking  fund  for  payment  of  principal 
within  not  more  than  40  years  from  time  of  contracting.     (Ky. 

159.) 

Detailed  provisions  for  payment  of  interest  on  and  redemption 
or   refunding   of   specified  bonds   of   the   city   of  Xew  Orleans. 

(La.  317,  31S.  321,  323.) 

Mortgages    or    bonds    issued   by    commissioners    of    port    of    Xew 
Orleans  for  construction   and   improvement   of   specified   canal 
to  be  paid  out  of  net  receipts  of  canal  after  payment  of  operat- 
ing expenses.     (La.  322.) 

Before  incurring  debts  provision  to  be  made  for  collection  of 
annual  tax  sufficient  to  pay  interest  as  due  and  to  constitute 
sinking  fund  for  discharge  of  principal  within  20  years  from 
time  of  contracting.      (Mo.  X   12,   12a.) 

Ordinance  authorizing  debt  to  provide  for  levy  of  tax  not  ex- 
ceeding 12  mills  on  all  taxable  property  in  city  sufficient  to 
pay  interest  and  extinguish  principal  within  50  years.  Pro- 
ceeds of  such  tax  to  be  applied  only  to  payment  of  such  in- 
terest and  principal.      (X.M.   IX   12.) 

At   or  before  time  of  incurring  debt,   provision  to  be  made  for 
collection  of  annual  tax  sufficient  to  pay  interest  and  principal 
when  due;  and  ordinance  containing  such  provision  to  be  irre 
pealable  until  debt  paid.      (N.D.  XII   1S4;   S.D.  Mil   5.) 


138  State  Constitutions 


CITIES   (Cont'd) 
Debt   (Cont'd) 

Redemption  and  Interest    [Vont'd) 

Hefore  or  at  time  of  incurring  debt  in  excess  of  income  and 
revenue  provision  to  be  made  for  collection  of  annual  tax 
sufficient  to  pay  interest  and  to  constitute  sinking  fund  for 
payment  of  principal  within  25  years  from  date  of  contract- 
ing. (Okla.  X  26,  27.) 
City  to  levy  "  sufficient  additional  revenue  "  to  create  sinking 
fund  to  be  used  first,  for  payment  of  interest  coupons;  second, 
for  payment  of  bonds;  third,  for  payment  of  such  parts  of 
judgments   as   such  municipality   may   by   law   be   required    to 

pay.     (Okla.  X  28.) 
•"  Every  city  shall  create  a  sinking  fund  which  shall  be  inviolably 

pledged  for  the  payment  of  its  funded  debt  ".    (Pa.  XV  3.) 
On   issuing   bonds,   city   to   create   sinking   fund   for   redemption 
thereof  at  maturity.     All   property  within   city  limits  except 
that   exempted   to  be  taxed  for  payment  of  debts  legally  con- 
tracted  under  authority  of  law.      (S.C.  VI II  7,  6.) 
Xo  debt   for  any   purpose  to  be  incurred   in   any  manner  unless 
provision  made  at  time  of  creating  for  levying  and  collecting 
sufficient  tax  to  pay  interest  and  provide  at  least  2  per  cent. 
as  sinking  fund.     Special  provision  for  taxes  for  interest  and 
sinking   fund   for   debts   contracted   prior   to   adoption   of   con- 
stitution.     (Tex.  XI  5,  6,  7.) 
Xot  to  be  allowed  to  become  indebted  without  at  same  time  pro- 
viding  for   collection   of   direct    annual   tax   sufficient    to   pay 
annual  interest  on  such  debt  and  principal  thereof  within  not 
exceeding  84  years.      ( W.Va.  X  8.) 
Before   or   at   time   of   incurring   debt,   provision    required   to   be 
made  "  for  the  collection   of  a  direct  annual  tax  sufficient  to 
pay  flie  interest  on  such  debt  as  it  falls  due  and  also  to  pay 
and  discharge  the  principal  thereof  within  20  years  from  the 
date  of  contracting  the  same";   but  indebtedness  incurred  for 
the  acquisition  of  land  "  for  public  municipal  purposes  or  for 
the  permanent   improvement   thereof  ",  tax  must   be  sufficient 
to  discharge  principal  within  a  period  not  exceeding  50  years. 

(Wis.  XI  3.) 
Method  of  Collecting  —  Execution 

City  property  held  only  for  public  purposes  such  as  buildings 
and  sites  therefor,  fire  equipments,  public  grounds  and  prop- 
erty devoted  exclusively  to  use  of  public  exempt  from  "  forced 
sale ".  This  not  to  prevent  enforcement  of  vendor's  lien, 
mechanic's  and  builder's  lien  or  other  liens  existing  time  adop- 
tion constitution.  (Tex.  XI  9.) 
Public  Utilities 

See  also  above,  this  title,  "Powers  and  Rights  —  Restrictions 
Upon  —  Stock  and  Bond  Holding",  and  "Finances  —  Expendi- 
tures. Restrictions  Upon  — Aid  to  Private  Enterprise  ". 

iiee  also  Street  Railroads. 


I\i»i\   Digest  139 


CITIES    [Cont'd) 

Public  Utilities   [Cont'd) 
In  General 

Person  or  corporation  constructing  or  operating  on  public  streets 
under  franchise  liable  to  abutting  property  owners  for  actual 
damage  on  account   of  such  construction  or  operation.      (Ala. 

XII   227.) 

Legislature    not    to    create    corporation    with    power    to    acquire 
franchises   in   streets  or   highways  of   city,   except   by   special 
act  on   petition   therefor  "  pendency  whereof  shall  be-  notified 
as  may  be  required  bylaw".    (R.I.  Amend.  IX  2.) 
Franchises 

Right  to  collect  rates  and  compensation  for  water  supplied  to 
"  city  and  county  "  or  its  inhabitants  "  is  a  franchise  and 
cannot   be   exercised   except   by   authority   of   and    in   manner 

prescribed  by  law".     (Cal.  XIV  2.) 

No  franchise  relating  to  any  street,  alley  or  public  place  of  city 
or  county  of  Denver  to  be  granted  except  on  vote  of  taxpay- 
ing  electors.  Question  to  be  submitted  on  deposit  of  expenses 
with  treasurer.     (Extended  to  cities.)      (Colo.  XX  4,  6.) 

Right   to   collect   rates   or   compensation   for   use   of   water   sup- 
plied to  city  or  inhabitants  thereof  is  a  franchise  and  cannot 
be  exercised  except  by  authority  of  and  in  the  manner  pre- 
scribed by  law.      (Ida.  XV  2.) 

Xot  to  be  permitted  to  grant  franchise  or  privilege  or  make  any 
contract  in  reference  thereto  for  more  than  20  years.  Ad- 
vertisement to  be  made,  bids  received,  and  award  made  to 
highest  and  best  bidder,  but  all  bids  may  be  rejected.  XTot 
to  apply  to  trunk  railway.      (Ky.  164.) 

Xo  public  utility  franchise  to  be  granted  which  is  not  subject 
to  revocation  at  will  of  city  unless  proposition  approved  by 
three-fifths  electors  voting  thereon  at  regular  or  special  mu- 
nicipal election.  Women  taxpayers  having  qualifications  of 
male  electors  entitled  to  vote.      (Mich.  VIII  25.) 

Those  having  population  more  than  6.000  not  to  have  authority 
to  grant  to  person,  corporation  or  association  right  to  use 
streets  or  public  places  for  construction  or  operation  of 
waterworks,  gas  works,  telephone  or  telegraph  lines,  electric 
light  or  power  plants,  steam  or  other  heating  appliances, 
street  railroads  or  any  other  public  utilities,  except  railroads 
other  than   street   railroads  for  longer  period  than   30  years. 

(Ala.  XII228.) 

Xo  street  railway,  gas,  water,  steam  or  electric  heat,  light  or 
power,  cold  storage,  compressed  air,  conduit,  telephone  or 
bridge  company,  nor  any  corporation,  association  or  persons 
or  partnership  engaged  in  these  or  like  enterprises  to  be  per- 
mitted to  use  streets,  alleys  or  public  grounds  without  consent 
of  corporate  authorities.  Xo  franchise,  lease  or  right  to  use 
any  public  property  in  a  way  not  permitted  to  general  public 
to  be  granted  for  longer  period  than  30  years.  Before  grant- 
ing any  such  franchise  for  a  term  of  years,  except  for  trunk 


140  State  Constitutions 


CITIES    (Cont'd) 

Public  Utilities   (Cont'd) 
Franchises   (Cont'd) 

railway,  municipality  shall  advertise  and  receive  bids  and  act 
accordingly  as  required  by  law.  Nothing  herein  contained  to 
prevent  legislature  from  prescribing  additional  restrictions  on 
power  to  grant  franchises,  or  as  repealing  any  such  restriction 
in  any  existing  charter.      (Va.  VIII  124,  125.) 

Legislature  not  to  grant  right  to  construct  or  operate  street 
railroad  within  city  without  acquiring  consent  local  authori- 
ties having  control  of  streets  to  be  occupied.      (Okla.  IX  10; 

Tex.  X  7;  W.Va.  XI  5.) 

Legislature  not  to  authorize  construction  street  passenger  rail- 
way within  limits  of  cities  without  consent  corporate  authori- 
ties.    (Ga.  Ill  Sec.  VII  20.) 

Legislature  not  to  grant  right  to  construct  and  operate  street 
railroad  without  requiring  consent  local  authorities  having 
control  street  highway  proposed  occupied;  this  not  affected  by 
constitutional  authorization  of  legislative  charter  for  Chicago. 

(111.  XI  4,  IV  34.) 

Legislature  not  to  pass  law  granting  right  to  construct  and 
operate  street  railroad  within  city  without  necessity  first 
acquiring  the  consent  of  local  authorities  having  control  of 
street  proposed  to  be  occupied;  and  such  franchise  shall  not 
be  transferred  without  similar  assent.      (Mo.  XII  20.) 

No  general  law  shall  be  passed  by  legislature  granting  the  right 
to  construct  and  operate  street  railways  within  any  city  with- 
out  first    requiring   consent    of   majority   of    electors    thereof. 

(Nebr.  XIB  2.) 

No  law  to  be  passed  by  legislature  granting  right  to  construct 
and  operate  street  railway,  telegraph,  telephone  or  electric 
light"  plant  within  any  city  without  requiring  consent  of  local 
authorities  having  control  of  street  or  highway  proposed  to  be 
occupied  for  such  purposes.      (N.D.  VII  139.) 

No  person,  association  or  corporation  to  be  authorized  or  di- 
rected to  use  streets,  alleys  or  public  places  for  construction 
or  operation  of  "  any  public  utility  or  private  enterprise " 
without    first    obtaining    consent    proper    authorities    thereof. 

(Ala.  XII  220.) 

No  street  railroad  to  be  constructed  within  city  without  consent 
of  local  authorities  having  control  of  street  or  highway  pro- 
posed to  be  occupied.      (Colo.  XV  11.) 

No  street  or  other  railroad  to  be  constructed  within  city  with- 
out consent  of  local  authorities  having  control  of  street  pro- 
posed fao  be  occupied.      (Ida.  XI   11;   Mont.  XV  12.) 

No  street  passenger  railroad  may  be  constructed  within  limits 
of  city  without  consent  of  local  authorities.      (Pa.   XVII   9.) 

No  street  railroad  or  telephone  line  may  be  constructed  or 
operated  within  city  without  consent  of  local  authorities  con- 
trolling street  or  highway.      (Utah  XII  8.) 


Index  Digest  141 


CITIES   (Cont'd) 

Public  Utilities    (Cont'd) 
Franchises   (Cont'd) 

No  person,  partnership,  association  or  corporation  operating 
public  utility  to  have  right  to  use  highways,  streets,  alleys 
or  other  public  place  of  city  for  wires,  poles,  pipes,  tracks,  or 
conduits  without  consent  of  duly  constituted  authorities 
thereof,  or  to  transact  a  local  business  therein  without  first 
obtaining  a  franchise  from  city.      (Mich.  VI II  28.) 

No  street  passenger  railway  or  telegraph  or  telephone  line  to 
be  constructed  within  limits  of  without  consent  of  local  au- 
thorities; legislature  not  to  grant  right  to  construct  and 
operate  street  railroad  within  city  without  requiring  consent 
of   local   authorities   having   control   of   street   proposed   to   be 

occupied.      (S.D.  X  3;   XVII   10.) 

Street  railway,  gas,  water,  steam  heating,  telephone,  or  electric 
light  company  not  to  be  permitted  or  authorized  to  use  for 
erection  or  laying  of  apparatus  without  consent  of  proper 
legislative  boards  of  city.  This  section  not  to  apply  where 
charters  conferring  such  rights  were  granted  prior  to  consti- 
tution, and  work  has  begun  thereunder.     (Ky.  163.) 

Water   companies    must    obtain    consent   of    "  proper    legislative 
bodies  or  boards  "  before  laying  pipes,  mains,  etc.     ( Ky.  163. ) 
Regulation  of 

Supervision  of  public  service  corporations  may  be  authorized  by 
law  as  to  companies  doing  business  therein,  including  regula- 
tion  of   rates    and   charges.      (Proviso   to    sections   specifying 
powers  of  corporation  commission  over  public  service  corpora- 
tions.)   (Ariz.  XV  3.) 

Powers  of  municipal  councils  or  other  local  governing  bodies 
respecting  public  utilities  to  cease  on  passage  of  legislation 
conferring  powers  respecting  such  public  utilities  on  state 
railroad  commission  so  far  as  such  powers  conflict;  but  in 
case  of  incorporated  cities  and  cities  and  counties  such  local 
powers  over  public  utilities  as  relate  to  making  and  enforce- 
ment of  local,  police,  sanitary  and  other  regulations  other 
than  fixing  of  rates  to  continue  unimpaired  until  an  election 
is  held  in  pursuance  of  law;  such  of  these  powers  as  majority 
of  qualified  electors  voting  at  such  election  shall  vote  to  retain 
to  continue  in  the  local  authorities  unimpaired;  but  if  vote 
does  not  favor  their  continuation,  then  such  powers  to  vest 
in  railroad  commission;  and  in  case  the  vote  be  in  favor  of 
retaining  any  of  such  powers  a  similar  majority  may  later 
surrender  them  to  the  slafe  commission.  This  provision  not  to 
affect  right  of  city  or  of  city  and  county  to  grant  franchises 
for  public  utilities  on  terms  and  conditions  and  in  manner 
prescribed  by  law  and  not  to  be  construed  as  a  limitation 
on    the    constitutional     powers    of    the    railroad    commission. 

(Cal.  XII  23.) 


142  State  Constitutions 

CITIES    (Cont'd) 

Public  Utilities    (Cont'd) 
Regulation   of    (Cont'd) 

Rates  for  water  supplied  by  any  person  or  corporation  to  city 
or  city  and  county  or  its  inhabitants  to  be  fixed  annually  by 
council  or  other  governing  body  by  ordinance  or  otherwise 
in  the  manner  that  other  ordinances  or  resolutions  are  passed 
by  such  body;  such  ordinances  to  be  passed  in  February 
annually  to  take  effect  July  Hist;  any  party  interested  may 
maintain  suit  for  peremptory  process  to  compel  passage  of 
such  ordinance  and  the  board  or  body  failing  to  pass  same  to 
be  liable  to  further  processes  or  penalties  as  legislature  pre- 
scribes; collection  of  rates  other  than  those  fixed  by  such 
ordinance  to  work  forfeiture  of  franchises  and  waterworks  to 
the  city  or  city  and  county  for  the  public  use.      (Cal.  XIV  1.) 

Nothing  in  the  provisions  relating  to  telephone  and  telegraph 
companies  and  their  lines  to  interfere  with  rights  of  cities 
to  arrange  and  control  their  streets  and  alleys  and  to  desig- 
nate  places   and   manner   of   erecting   or   laying   wires.      (Ky. 

199.) 

Nothing  in  provision  relating  to  powers  of  state  corporation 
commission  to  impair  rights  conferred  by  law  on  authorities 
of  city  to  prescribe  rules,  regulations  or  rates  of  charges  by 
public  service  corporation  in  connection  with  services  per- 
formed under  municipal  franchise  so  far  as  such  services  may 
be  wholly  within  the  limits  of  city  granting  franchises.     (Okla. 

IX  IS;   Va.  XII  156b.) 

Every  grant  of  franchise  to  make  adequate  provision  by  way  of 
forfeiture  or  otherwise  to  secure  efficient  service  at  reasonable 
rates  and  maintenance  of  property  in  good  order.      (Va.  VIII 

125.) 
Ownership  and  Operation 

For  provisions  authorizing  cities  to  incur  debts  for,  notwith- 
standing constitutional  limitation  on  amount  of  city  debt,  See 
above,  this  title,  Deut —  Limit  ov  Amount. 

Railroad  commission  to  have  such  jurisdiction  as  legislature 
confers  on  it  to  fix  compensation  to  be  paid  for  public  utility 
property  taken  by  city  and  city  and  county  and  legislature 
authorized  to  grant  plenary  powers  to  railroad  commission 
"  unlimited  by  any  provision  of  this  constitution  ".  Previous 
legislation  in  accordance  with  this  provision  confirmed.      (Cal. 

XII  23a.) 

City  and  county  of  Denver  authorized  within  or  outside  its  terri- 
toriaJ  limits  to  construct,  condemn,  purchase,  acquire,  lease, 
add  to.  maintain,  and  operate  waterworks,  lighting  plants, 
power  plants,  transportation  system,  heating  plants  and 
"  other  public  utilities  or  works  or  ways  local  in  use  and  extent 
in  whole  or  in  part  and  everything  required  therefor  for  the 
use  of  said  city  and  county  and  the  inhabitants  thereof"; 
"  city  and  county  "  may  purchase  such  systems,  plants,  works, 


Ixdex  Digest  143 


CITIES   (Cont'd) 

Public  Utilities    (Cont'd) 

Ownership  and  Operation    (Cont'd i 

or  ways,  or  contracts  connected  therewith  in  whole  or  in  part 
and  purchase  may  be  enforced  by  proceedings  at  law  as  in 
taking  land  for  public  use  by  eminent  domain.  (Coin.  XX  1.) 
Subject  to  constitution  "  may  acquire,  own  and  operate  either 
within  or  without  its  corporate  limits  public  utilities  for  sup- 
plying water,  light,  heat,  power  to  the  municipality 
and  the  inhabitants  thereof"  and  may  sell  and  deliver  outside 
corporate  limits  not  exceeding  2;i  per  cent,  of  amount  fur- 
nished within  corporate  limits.  (Mich.  VIII  23.) 
Subject  to  constitution  city  of  not  less  than  25,000  may  acquire, 
own  and  operate  either  within  or  without  its  corporate  limits 
public  utilities  for  supplying  transportation  to  the  munici- 
pality and  the  inhabitants  thereof,  and  may  operate  trans- 
portation lines  without  the  municipality  within  such  limits 
as  may  be  prescribed  by  law.  (Mich.  VIII  23.) 
Acquisition  public  utility  by  city  forbidden  unless  proposition 
approved  by  three-fifths  of  electors  voting  thereon  at  regular  or 
special  municipal  election.  Women  taxpayers  having  qualifi- 
cations of  male  electors  entitled  to  vote.  (Mich.  VIII  25.) 
May  acquire  water  and  light  plants  by  construction  or  purchase, 
and  may  operate  waterworks  systems  and  plants  for  furnish- 
ing light  and  may  furnish  water  and  light  to  persons  and 
private  corporations  for  reasonable  compensation,  but  no  con- 
struction or  purchase  to  be  made  except  on  majority  vote  of 
electors    therein     qualified     to    vote    on    bonded     indebtedness 

thereof.  (  S.C.  VIII  5. ) 
Every  grant  of  franchise  may  provide  that  on  its  termination 
plant  of  grantee  as  well  as  its  property  in  streets  and  public 
places  to  become  property  of  city  with  or  without  compensa- 
tion. But  grantee  not  to  be  entitled  to  payment  by  reason 
of  value  of  franchise.  Every  such  grant  to  specify  mode  of 
determining  any  valuation  therein  provided  for.  Any  such 
grant  of  property  so  acquired  may  be  sold  or  leased,  or  if 
authorized    by    law     maintained    and    operated    by    such    city. 

(Va.  VIM    12.1.) 
Water  Supply 

Act  of  August  S,  189'J,  constituting  sewerage  and  water  board  of 
city  of  New  Orleans  is  ratified,  with  exception  that  in  fixing  rates 
to  be  charged  private  consumers  for  water  from  public  water 
supply  of  city  board  shall  base  rates  so  as  to  provide  for  main- 
tenance and  operation  of  water  system  and  publir  and  private 
supply  therefrom,  and  of  sewerage  system,  and  city  shall  be 
relieved  of  providing  for  maintenance  or  operation  of  sewerage 
and  water  systems.  The  board  may  also  use  collection-;  from 
water  rates  charged  private  consumers  for  creation  of  sinking 
fund  for  ultimate  renewal  of  systems,  and  any  surplus  may  be 
used    for   maintenance    and    operation    of    public   drainage    system, 


144  State  Constitutions 


CI1IES    (Cont'd) 

Water  Supply   (Cont'd) 

provided  that  rates  charged  private  consumers  shall  not  exceed 
total  rates  charged  private  consumers  by  board  in  force  Novem- 
ber 1,  1913.  Board  may  by  two-thirds  vote  of  its  members  grant 
salary  to  its  president  pro  tern.  Board  may  until  September  1, 
1913,  do  all  construction  work  with  its  forces  or  let  same  by  con- 
tract, except  that  when  work  to  be  done  exceeds  in  cost  $25,000, 
same  shall  be  let  to  lowest  bidder.  Legislature  at  session  in  1914 
to  determine  whether  such  permission   shall   continue.      (La.   313, 

314,  316.) 

CITIZENSHIP 

As  qualification  for  office,  See  Public  Officers,  and  titles  of  particular 
officers  or  classes  of  officers. 

As  qualification  to  vote,  Sec  Elections. 

As  qualification  to  serve  on  jury,  See  Juries. 

Restoration  to  after  conviction  of  crime,  Sec  Crimes — As  Disqualifi- 
cation or  Disability. 

Aliens,  See  Aliens. 

Persons  resident  in  state,  citizens  of  United  States,  declared  citizens  of 

state.      (Miss.  Ill  S.) 

Persons  resident  in  state,  born,  or  naturalized  in  United  States,  and  sub- 
ject to  jurisdiction  thereof,  to  be  citizens  of  state.      (W.Va.  II  3.) 

(  itizens  of  United  States,  residents  in  state,  declared  citizens  of  state; 
and  legislature  shall  enact  laws  to  protect  them  in  full  enjoyment  of 
rights,    privileges    and  .  immunities    due    to    such    citizenship.       (Ga.    I 

Sec.  I  25.) 

Every  man  21  years  old,  natural-born  citizen  of  this  or  one  of  the  United 
States,  or  naturalized  agreeably  to  act  of  Congress,  having  resided  in 
state  for  one  year  before  election  of  representatives,  and  of  quiet  and 
peaceful  behavior,  and  taking  oath  or  affirmation  to  vote  as  he  judges 
will  most  conduce  to  best  good  of  state,  entitled  to  privileges  of  free- 
men of  state.      (Vt.  II  34.) 

Every  person  of  good  character  coming  to  settle  in  state  who  first  takes 
oath  or  affirmation  of  allegiance,  may  purchase,  or  by  other  just  means, 
acquire,  hold  and  transfer  land  or  other  real  estate,  and  after  one 
year's  residence  shall  be  deemed  a  free  denizen  and  entitled  to  rights  of 
natural-born  subject  of  state,  except  privileges  of  a  freeman,  and  ex- 
cept that  he  is  ineligible  to  office  of  treasurer  or  member  of  lower 
house  until  after  two  years'  residence  and  ineligible  to  office  of  gover- 
nor or  lieutenant-governor  until  he  has  resided  in  state  four  years 
preceding  day  of  election*      (Vt.  II  62.) 

PersOne  residing  on  Indian  land  within  slate  to  enjoy  rights  and  privi- 
lege^ of  citizens  and   to  he  subject  to  taxation.      (Minn.  XV  2.) 

Xo  distinction  to  he  made  hetween  citizens  of  state  and  citizens  of  other 
-  :  :i  t  cs   and    territories   in    respect   to  purchase,  enjoyment   or  descent  of 

property.     (Kan.  B.R.   17.) 

Social  status  of  citizens  never  to  be  subject  to  legislation.      (Ga.  I  Sec. 

I  18.) 


Index  Digest  145 


CIVIL  DIVISIONS  OF  STATE,  See  Municipalities. 

CIVIL  SERVICE 

Appointments  and  promotions  in  civil  service  of  state  and  its  civil  divi- 
sions (including  cities  and  villages)  to  be  made  according  to  fitness 
and  merit,  ascertained,  so  far  as  practicable,  by  competitive  examina- 
tion; honorably  discharged  Civil  War  veterans  who  are  citizens  and 
residents  of  state  entitled  to  preference.      (N.Y.  V  !). ) 

Appointments  and  promotions  in  civil  service  of  state,  counties,  and  cities, 
to  be  made  according  to  merit  and  fitness,  ascertained  as  far  as  prac- 
ticable by  competitive  examinations.  Laws  to  be  passed  for  enforce- 
ment.     (Ohio  XV  10.) 

Limitation  of  term  of  office  not  applicable  to  persons  appointed  to  office 
or  employment  during  good  behavior  under  civil  service  law  of  state 
or  political  subdivision  thereof.      (Cal.  XX  16.) 

CIVIL  WAR 

For  provisions  as  to  debts  incurred  by  states,  See  State  Debt. 

Xo  citizen  of  state  aiding  or  participating  in  Civil  War  on  either  side  to 
be  liable  in  any  proceeding,  civil  or  criminal,  and  his  property  not  to 
be  seized  or  sold  under  process  issued  on  judgments  or  decrees  "  here- 
tofore rendered,  or  otherwise ",  because  of  act  done  according  to 
usages  of  civilized  warfare.  Legislature  to  provide  by  general  laws 
for  enforcing  this  provision.      (W.Va.  VIII  20.) 

Xo  person  to  be  prosecuted  in  civil  action  or  criminal  proceeding  for  or 
on  account  of  act  done  by  him  between  January  1,  1861,  and  August 
20,  1866,  by  virtue  of  military  authority  vested  in  him  or  in  pur- 
suance of  orders  from  person  vested  with  such  authority  by  govern- 
ment of  United  States  or  of  this  state  or  of  Confederate  states;  if 
action  or  proceedings  instituted  against  him,  defendant  may  plead 
this  provision  in  bar.      (Mo.  XIV  2.) 

COLORED  PERSONS 

Education  of,  Sec  Education. 

Marriage  with  Avhites,  See  Marriage. 

Right  to  bold  office,  See  Public  Officers  —  Qualifications  and 
Disqualifications  —  Racial. 

Right  to  vote,  See  Elections  —  Qualifications  and  Disqualifica- 
tions of  Electors  —  Race  or  Color. 

Slavery,  See  Slavery. 

Xo  citizen  to  be  deprived  of  right,  privilege  or  immunity,  or  exempted 
from  burden  or  duty  on  account  of  race,  color,  or  previous  condition. 

(Ark.  II  3.) 

Laws  of  this  state  affecting  political  rights  and  privileges  of  its  citizens 
to  be  without  distinction  of  race  or  color.      (Wyo.  I,  3.) 

Right  of  citizen  of  state  to  sit  on  juries  not  to  be  restricted,  abridged 
or  impaired  on  account  of  race  or  color,  except  as  otherwise  provided 
in  constitution.  This  provision  not  to  be  amended  except  on  vote  of 
people  in  an  election  at  which  at  least  three-fourths  of  electors  voting 
in  state  and  at  least  two-thirds  of  those  voting  in  each  county  shall 
vote  for  such  amendment.      (N.M.  VII  3.) 


146  State  Constitutions 

COLORED  PERSONS  (Cont'd ) 

Xo  free  negro  or  mulatto,  not  residing  in  state  at  time  of  adoption  of 
constitution  shall  come,  reside  or  be  within  state,  or  hold  real  estate 
or  make  contracts  or  maintain  suit  in  state;  and  legislature  to  provide 
by  penal  laws  for  removal  by  public  officers  and  for  their  effectual 
exclusion  from  state  and  for  punishment  of  persons  who  bring  them 
into  state  or  employ  or  harbor  them.  (Ore.  I  35.) 
Xo  indenture  of  any  negro  or  mulatto  executed  out  of  state  valid  within 

state.  (Ind.  I  37.) 
Living  together  as  man  and  wife  in  this  state,  of  white  person  and 
negro,  mulatto,  or  person  of  mixed  blood,  descended  from  negro  to 
third  generation,  prohibited.  Legislature  to  enforce  provision  by 
appropriate  legislation.  (Tenn.  XI  14.) 
Wherever  used  in  constitution  or  laws  words  "  colored  ",  *'  colored  race  ", 
•'  negro ",    "  negro    race ",    to    mean    all    persons    of    African    descent. 

(Okla.  XXIII  11.) 
COMMISSIONERS,  Bee  Courts. 

COMMISSIONERS'  COURTS,  Sec  Counties. 

COMMISSIONERS'  COURTS  OF  APPEAL,  Sec  Courts  —  Highest  Court. 

COMMISSIONS  TO  PUBLIC  OFFICERS,  See  Public  Officers. 

COMMON  CARRIERS 

For  provisions  relating  to  all  transportation  companies,  See  Transpor- 
tation Companies. 
For  provisions  relating    to   all   public  service   corporations,   See   Public 

Service  Corporations. 
For  provisions  relating  to  all  corporations,  See  Corporations. 
For  a  particular  kind  of  common  carrier,  See  the  specific  title. 
Act  of  Congress 

Act  of  April  22,   1908,  relating  to  liability  of  common  carriers  by 
railroads  to  their  employees  continued  in  force.      (X.M.  XXII  2.) 
Combination  and  Pools 

Combination  or  contract  with  vessel  leaving  or  making  port  in  state, 
or  with  other  common  carrier,  by  which  earnings  of  one  doing 
carrying   to   be    shared   by    other    not   doing   carrying    prohibited. 

(Cal.  XII  20;  Ky.  201;  Wash.  XII  14.) 
Xor    to    consolidate    or    pool   with,    purchase    or    operate    parallel    or 

competing  line.      (Ky.  201.) 
Common  Law  Liability 

Contract  to  avoid  common  law  liability  not  permitted.      (Ky.   196.) 
Control 

General  Control 

Legislature   so   to   control    common   carriers   as   to   prevent    mo- 
nopolies and  trusts.      (Ala.  IV  103.) 
Legislature  to  correct  abuses,  prevent  discrimination  or  excessive 
charges  and  to  provide   for   enforcement    of   laws  by   adequate 

penalties.     (Fla.  XVI  30.) 


Index  Digest  147 


COMMON  CARRIERS   (Cont'd) 
Control  (Cont'd) 

General  Control   (Cont'd) 

Legislature    to    enact    laws    for    supervision,    by    commission    or 
otherwise,    aiul    provide    penalties    to    extent    of    forfeiture    of 

franchise.    (.Miss.  \  1 1    1S6.) 

Legislature    to    presenile     reasonable    maximum     rates,    correct 

abuses,    prevent    discrimination    and     extortion     and     provide 

adequate  penalties.      (I'tah  XII    15;   Wash.   XII    IS.) 

Right  of  state  to  define  duties,  to  control  and  to   fix  and   limit 

charges  of  common  carriers  not  to  be  surrendered  or  abridged. 

(Va.  XII    164.) 

State    corporation    commission    exercises    general    control,    with 

right    of    commission    or    carrier    to    remove    case    to    supreme 

court,       (X.M.     \l    7.) 
State    corporation    commission    may    inspect    books    and    records 

and  require  special  reports  under  oath.      (N.M.   XI    11.) 
State  railway  commission  given  general   control,   including   rate 
regulation,   and  may   act    under  or  without   a   legislative   pro- 
vision.     (Nebr.  V  19A.) 
Transportation  of  freight   and  passengers  to  be  so  regulated  by 
general  law  as  to  prevent  discrimination.      ( Ky.   106.) 

Interstate  Rates 

State  corporation  commission  to  keep  informed  of  interstate 
rates    and    institute    cases    before    federal    authorities,    where 

advisable.      (X.M.   XI   9.) 
Long  and  Short  Haul  Provisions 

Rates  for  passengers  or  like  kind  of  property  not  to  be  more 
for  shorter  than  including  longer  distance  unless  railroad 
commission,     after     investigation,     permits;     construction     of 

section.      (Ky.  218.) 

Rates  for  passengers  or  like  kind  of  property  not  to  be  more  for 

shorter  than  including  longer  distance  unless  state  corporation 

commission     permits     in     certain     named     cases;      exceptions 

enumerated;    construction   of   section.      (X.M.   XI    10.) 

Passes  or  Reduced  Rates 

Free  passes  or  discounted  fare,  other  than  as  given  public 
generally,  not  to  be  granted  member  of  legislature  or  any 
salaried    officer    of    state;    suitable    penalties    to    be    provided. 

(Fla.   XVI   31.) 

Passes  or  re#Uced  rates  not   common  to  public  to  state,  district. 

city,  town   or   county   officer,  member  of   legislature  or   judge 

forbidden;    "  heavy   penalty"  to  be   fixed   on   carrier,   forfeiture 

of    otliee    on    recipient.      (Ky.    1!>7.) 

Special  rates  permitted  for  exigencies,  in  mileage,  excursion  and 

commutation  tickets,  for  public  or  charitable  objecU,  in  state 

or  United  States  service.     (X.M.  XI   10.) 


148  State  Constitutions 


COMMON  CARRIERS   {Cont'd) 
Control   (Cont'd) 
Rate  Control 

Passenger  and  freight  rates  subject  to  legislative  control.      (Ida. 

XI    5.) 
Safety  Appliances 

.State    corporation    commission    may    require    safety    appliances, 
necessary    or    as    required    by    federal    law;    right    to    remove 
question   to   supreme   court.      (N.M.   XI   7.) 
Definition 

Includes   corporations   engaged   in   transportation   of   persons,   prop- 
erty, mineral  oils,  mineral  products,  news  and  intelligence.     (Wyo. 

X  Corporations  7.) 
Drawbacks   and   Rebates 

Drawbacks,  rebates  for  products  or  services  prohibited  and  penalties 

to  be  provided.     (Tex.  XVI  25.) 
Grain 

Required   to    weigh    or    measure    grain    where    shipped,    receipt    for 
same    and    be    responsible    for    delivery    to    owner    or    consignee. 

(111.    XIII    4.) 
As  Public  Utilities 

Declared  to  be  public  utilities  subject  to  control  and  regulation  of 

railroad  commission.      (Cal.  XII  23.) 
Requirement  of  Transportation 

Carriers  which  use  lands  taken  by  eminent  domain  bound  to  carry 
the  mineral,  agricultural  and  other  productions  of  manufacturers 
on  equal  and  reasonable  terms.      (Minn.  X  4.) 
Restrictions 

Incorporated   company  doing   business  of   a   common   carrier   not   to 
engage  in  any  other  business  or  hold  or  acquire  lands  not  neces- 
sary for  business.      (Pa.  XVII  5.) 
Incorporated   company  doing  business  ,of   a   common   carrier   not   to 
engage   in   mining,   or   manufacturing   articles   for   transportation 

over  its  works.      (Pa.  XVII  5.) 
No    corporation    engaged    in    business    of    common    carrier    to    own, 
operate  or  engage   in  any   other   business   or   hold,   own,   lease   or 
acquire  mines,   factories  or   timber,  except   such  as  necessary   for 
business.      (Ky.  210.) 
Railroad  not  to  transport  articles  manufactured,  mined  or  produced 
by  it,  or  in  which  it  has  interest,  except  such  as  necessary  for  its 
business  as  common  carrier.      (Okla.   IX    12.) 
Right  bJF  \\  ay 

Fee  of  land  taken  by  common  earners  for  right  of  way  without  con- 
sent   of    owner,    shall    remain    in    owner    subject    Only    to    use    for 

which   taken.      (Okla.    II    24.) 

T  \\  \TIO\ 

See  Taxation    -Assessment  —  ( 'orporate  Property. 
Ske  Taxation  —  Objects      and      Kinds      of      Taxation —  Public 

Utilities. 


Isrtf.x  Digest  149 


COMPTROLLER 

Under  this-  heading  arc  digested  those  provisions  ibhioh  specifically  refer 
to  this  officer.  For  provision^  relating  to  all  ojjir,  rs  mid  Kence  to  this 
oik.  See  the  title  Pubi  ic  (  ifkickhs.  For  provisions  relating  to  the 
auditor    {iniiler   irhieli    title    this    officer    is   Inioini    in    sonic   states},   See 

Auditor.     See  also  State  Examiner. 
Accounts,  See  below,  this  title.  Reports. 
Bond 

To  be  prescribed  by  law.      ( Md.  VI   1 . ) 

To  give  bond  and   security  under   regulations  prescribed   by    law   for 
faithful  discharge  of  duties.      (Ga.  V  Sec.  II  6.) 
Clerical   Assistants 

No  salary  for  clerical  service  to  exceed  $1,800  for  each  clerk.      (Cal. 

V  19.) 

Clerical  expenses  including  insurance  department  and  wild-land  clerk 

not  to  exceed  $4.0(10  a  year  and  without  such  clerk,  not  to  exceed 

$3,000  a  year.      (Ga.  V  Sec.  II  4.) 
Compensation 
Salary 

Fixed  by  law.      (N.Y.  V  1;  S.C.  IV  24.) 
Fixed  at  $2,000.      (Fla.  IV  29.) 
Not  to  exceed  $2,000.      (Ga.  V  Sec.  IT  4.) 
Fixed  at  $2,500.      (Md.  VI   1.) 
Fixed  at  $2,500  and  "  no  more".      (Tex.  IV  23.) 
Fixed  at  $5,000.      (Cal.  V  19.) 
Increase  or  Decrease 

Salary  not  to  exceed  $2,000.      (Ga.  V  Sec.  II  4.) 
Allowed  after  eight  years  from  adoption  of  constitution.      (Fla. 

IV  29.) 
Increase  prohibited.      (Tex.  IV  23.) 
May  be  decreased,  but  not  increased.      (Cal.  V  19.) 
Prohibited  during  period   for  which   elected.      (Cal.  V   19;    N.Y. 

V  1;   S.C.  IV  24.) 
Compensation  Other  Than  Salary 

Salary  to  be  in  full  for  all  services  rendered  in  official  capacity 

or  employment  during  term  of  office.      (Cal.  V  19.) 
Not  to  receive  additional  compensation  beyond  salary  for  services 
rendered  state  in  connection  with  Internal  Improvement  Fund 
or  other  interests  belonging  to  state.      (Fla.  IV  29.) 
Fees,  perquisites  or  compensation   other  than   salary   prohibited. 

(N.Y.  VI.) 
Fees  or  perquisites  for  performance  of  any  official  duty  not  to  be 

received    to   own   use.      (Cal.   V    19.) 
Fees,  commissions  or  perquisites,  in  addition  to  salary  not  to  be 

allowed  for  performance  of  duty  or  services.  (  Md.  VI  1.) 
Fees,  perquisites  or  compensation  other  than  salary  not  allowed, 
except  necessary  expenses  when  absent  from  seat  of  govern- 
ment on  business  of  state.  (Ga.  V  Sec.  II  7.) 
Fees  or  perquisites  for  performance  of  duty  connected  with  office 
or  for  performance  of  additional  duty  imposed  by  law  not  to 
be  received  to  own  use.      (Xev.  XVII  5.) 


150  State  Constitutions 


COMPTROLLER    (Cont'd) 
Compensation   ( Cont'd) 

Compensation   Other  Than  Salary    (Cont'd) 

Fees,   costs   or   perquisites  of   oilice,    not   to    receive   to   own    use; 
fees  payable  by  law  for  service  performed  paid   wlien   received 

into  treasury.      {Tex.  IV  23.) 
Expenses 

Necessary    expenses    when    absent    from    seat    of    government    on 

business  of  state.      (Ga.  V  Sec.  II  7.) 
No    salary    for   clerical   service   to   exceed   $1,800   for   each   clerk. 

(Cal.   V   19.) 
Clerical  expenses,  including  insurance  department  and  wild-land 
clerk   not   to  exceed   $4,000   a   year,   and   without    such   clerk, 
not  to  exceed  $3,000  a  year.      (Ga.  V  Sec.  II  4.) 
Payment 

Quarterly  out  of  state  treasury.      (Xev.  XYII  5.) 

Election 

Under  this  subhead  are  digested  those  provisions  which  specifically 
refer  to  this  officer;  for  provisions  relating  to  elections  in  general, 
See  the  title  ELECTIONS;  fur  provisions  allowing  the  legislature  to 
establish  offices  and  provide  for  their  election  or  appointment, 
tice  the  title  Prrsr.ic  Officers. 

Electors 

Qualified  electors  of  state.      (Conn.   Amend.   V;    Md.   VI    1;    S.C. 

IV  24  ;  Tex.  IV  2. ) 
Same  as  for  governor.      (Cal.  V  17;  Xev.  V  19.) 
Same  as  for  members  of  legislature.      (Ga.  V  Sec.  II  1.) 
Joint    vote  of  hoth  houses  of  legislature.      (X.J.   VII   Sec.   II   3; 

Tenn.  VII  3.) 
Time  and  Places 

Same  as  for  governor.      (Cal.  V  17;  Fla.  IV  20;  Ga.  V  Sec.  II  1  ; 

Xev.    V    19.) 
Same  as  for  members  of  lower  house.      (Md.  VI   1.) 
Same  as  for  members  of  legislature.      (Tex.  IV  2.) 
At    general    election    at    time    and    place    of    electing    governor. 

(X.Y.  V   1,  2.) 
Tuesday   after   first    Monday   of  Xovember,    1S86.   and   biennially 
thereafter .      (Conn.    Amend.    XXVII    1.) 

Returns  and  Canvass 

Votes   to   be   returned    to,   counted,   canvassed    and   declared   by 

treasurer  and  secretary.      (Conn.  Amend.  5.) 
Same  as  U>v  goyernpr!      (Cal.  V  17:  Ga.  V  Sec.  II  1;  Xev.  V  19; 

Tex.    IV   3.) 
Majority  vote  necessary  for  choice,.      (Ga.  V  Sec  I  .">;  Sec  II   1.) 
Contested  Elections 

l)i ■teriniiit  J  by  legislature  in  manner  prescribed  by  law.      (Ga.  V 

Sec.  I  (i.  Sec  II   1.) 
Determined  by  both  houses  <J  legislature  in  joint  session.      (Tex. 

IV   3.) 


Index  Digest  163 


COMPTROLLER   (Cont'd) 
Election  (Cont'd) 
Tie  Vote 

Legislature  by  joint  vote  to  elect  one  erf  persons   in   tie.      (Cal. 

V   4,    17;    Net!    V   4,    19.) 
Legislature  on  second  day  of  session  by  joint  vote  to  elect  with- 
out debate  one  of  persons  in  tie.      (Conn.   Amend.   XXX.) 
Legislature  by  joint  vote,  without  delay,  to  elect  one  of  persona 

in  tie.      (Tex.  IV  3.) 

If  no  person  has  majority,  legislature  immediately  to  elect  one 

of  two  persons  having  highest  vote;  election  by  viva  voce  vote, 

and  majority  of  members  present  necessary  to  choice.     (Ga.  V 

Sec.   T  5.   Sec.   II   1.) 
Impeachment 

See  also  Impeachment. 

May  be  impeached.      (Tex.  XV  2.) 

For  misdemeanor  in  office.     (Cal.  IV  18.) 

For    crime    in    official    capacity    which   may    require    disqualification. 

(Tenn.  V  4.) 
Oath  op  Office 

Aa  prescribed  by  law.      (Md.  VI   1.) 

Powers  and  Duties 

As  prescribed  by  law.      (Conn.  IV  10;  Fla.  IV  23;   Md.  VI  2;   Xev. 

V  22;  N.Y.  V  6;  S.C.  IV  24;  Tex.  IV  23.) 

Qualifications 

Twenty-five  years  old  at  time  of  election.      (Ga.  V  Sec.  II  (5.) 

Must  have  been   citizen   of   United   States   for    10   years    (preceding 

election?)      ( Ga.  V  Sec.  II  6.) 

Must  have  been   citizen   of   state   for   six  years   preceding   election. 


(Ga.  V  Sec.  II  6.] 


Any  elector  eligible.      (Xev.  V   19.) 
Ineligible  to  legislature.     (Conn.  X  4.) 


Removal 

Legislature  may  provide  for  suspension  and  appointment  of  person  to 

discharge  duties  of  office.  (C,a.  V  Sec.  I  18.) 
If,  during  recess  of  legislature,  charges  are  preferred  to  governor  for 
incompetency,  malfeasance  in  office,  wilful  neglect  of  duly  or  mis- 
appropriation of  state  funds,  governor  forthwith  to  notify  him  and 
fix  date  for  hearing  of  charges  and  if,  on  evidence  taken  under 
oath,  allegations  are  sustained,  governor  to  remove  him  and 
appoint  successor  to  hold  for  unexpired  term.  (Md.  VI  0.) 
Residence 

At  state  capital  during  continuance  in  office.      (Tex.  IV  23.) 
Keep  office  at  seat  of  government.     (Md.  VI  1;  Xev.  XV  12.) 
Keep  office  at  seat  of  government,  but  in  case  of  invasion  or  violent 
epidemics,  governor  may  direct  office  to  be  removed  temporarily  to 

other  place.     (Fla.  XVI  10.) 
Reports 

To  make  to  governor  quarterly  report  of  financial  condition  of  state. 
including  statement  of  assets,  liabilities  and  income,  and  expendi- 
tures "therefor"  for  the  three  months  preceding.      (Ga.  VII    Sec. 

XV  1.) 


152  State  Constitutions 

COMPTROLLER    (Cont'd) 
Reports  (Cont'd) 

To    prepare   estimates    and    reports    of    revenue    and    expenditures   of 
state;    and   make  to   legislature  reports  of   his   proceedings,   and   of 
the  state  of  the  treasury  department,  within   10  days  after  begin- 
ning of  each  session.      (Md.  VI  2.) 
Audit  and  examination  of  account.  See  State  Finances. 
Term  op  Office 
Length 

Same  as  for  governor.     (Cal.  V  17;  Fla.  IV  2d;  Xev.  V  19.) 
Two  years.      (Conn.  Amend.  XXVII  2;  Md.  VI   1;   X.Y.  V  1,  2; 

S.C.  IV  24;  Tenn.  VII  3;  Tex.  IV  23.) 
Three   years.      (X.J.   VII   Sec.    II    3.) 

To  serve  until  successor  qualified    ( regardless  of  length  of  term 
specified).      (Conn.   Amend.   XXVII   2;    Md.   VI    1;    X.J.   VII 
Sec.  II  3;  S.C.  IV  24;  Tex.  IV  23.) 
Time  of  Beginning 

Same  as  for  governor.      (Fla.  IV  28;  Xev.  V   19.) 
Third  Monday  of  January  after  election  or  as  soon  thereafter  as 

practicable.      (Md.  VI  5.) 
Wednesday  after  first  Monday  of  January  after  election.     (Conn. 

Amend.   XXVII   2.) 
Vacancy  in  Office 

Filled  by  governor  with  advice  and  consent  of  senate  until  successor 

elected  and  qualified.      (Md.  VI  1.) 

CONCEALED  WEAPONS,  See  Arms. 

CONCILIATION  COURTS,  See  Courts  —  Arbitration  Courts. 

CONGRESS  OF  UNITED  STATES 

Xo  person  to  vote  at  any  federal  election  unless  name  appears  on  list 

of  registered  voters.      (Md.  I  5.) 
Members  chosen   or   elected   in   manner   and   at   time   prescribed   by   law. 

(La.  206.) 

Certificates  of  election  or  credentials  not  to  be  given  to  j:>erson  as  having 

been  elected  to  house  or  senate  who  has  not  been  five  years  citizen  of 

state  and  10  years  citizen  of  United  States.      (Fla.  XVI  20.) 

Legislature    to    elect   United    States    senators    in    manner    prescribed    by 

Congress  and  by  state  constitution.      (Fla.  Ill  31.) 
Provision   to   be  made   by   law   for   preferential   vote   for   United   States 

senator.      (Ohio  V  7.) 

Legislature  may  provide  that  at  general  election  immediately  preceding 

expiration  of  term  of  United  States  senator  from  state,  electors  may 

by  ballot  express  preference  for  some  person  for  said  office.     Votes  cast 

to   be  canvassed   and   returned   in   same  manner   as  for   state   officers. 

(Xebr.  Separately  Submitted.) 
At  any  time  federal  constitution  may  permit  election  of  United  States 
senators  by  direct  vote  of  people,  legislature  to  provide  for  their  elec- 
tion as  for  election  of  governor  and  other  elective  officers;  legislature 
to  enact  law  providing  for  mandatory  primary  system,  which  shall 
provide  for  nomination  of  all  candidates  in  all  elections  for  all  political 


Index   Digest  153 


CONGRESS   OF   UNITED   STATES    (Cont'd) 

parties,  including  United  States  senators;  but  this  not  to  exclude  right 
of  people  to  place  on  ballot  by   petition   any  non-partisan   candidate. 

(Okla.  II  4,  5.) 
Governor  ineligible  to  election  or  appointment  to  senate  during  term  and 

within  year  after  expiration.      (Ala.  V   116.) 
Governor  ineligible  for  election  to  senate  of  United  States  during  term 

for  which  elected.  (Utah  VII  23.) 
For  election  of  representatives  to  Congress,  state  to  be  divided  into  dis- 
tricts corresponding  in  number  with  representatives  to  which  it  may 
be  entitled;  districts  to  be  formed  of  contiguous  counties  and  be  com- 
pact; each  district  to  contain  as  nearly  as  may  be  equal  number  of 
population,  determined  according  to  rule  prescribed  in  the  Constitution 

of  United  States.    (VY.Va.  I  4.) 
One  representative  elected  from   state  on  Tuesday  after  first  Monday  of 
November,  1895.  and  thereafter  at  such  times  and  places,  and  in  such 
manner    as    prescribed    by    law.      When    new    apportionment    made    by 
Congress,  legislature  to  divide  state  into  congressional  districts  accord- 
ingly.     (Utah  IX  1.) 
Until   otherwise   provided   by  law   members   of   house   of   representatives, 
apportioned  to  this  state,  to  be  elected  by  state  at  large.     (S.D.  XIX  1.) 

CONSERVATION 

Laws  may  be  passed  providing  for  conservation  of  natural  resources  of 

state,  and  for  formation  of  districts.      (Ohio  II  36.) 
Fish  and  game,  See  Game. 
Forests,  See  Forests. 
Waters,  See  Waters. 

CONSTABLES 

Under  this  heading  arc  digested  those  provisions  which  specifically  refer 
to  this  officer.  For  prorisions  relating  to  all  officers  and  hence  to  this 
one,  See  title  Public  Officers,  and  title  Counties  —  Officers. 

Ix  General 

To  be  furnished  by  presiding  judge  of  county  court  with  certificate 

of  election   on  which  his  official  oath  of  office   shall  be   indorsed. 

(Township  constable.)      (Ark.  VII  47.) 
Legislature,   if  it  creates  municipal  courts  for  Chicago,  may   abolish 

office  of  constable.      (111.  IV  34.) 
Xot  to  be  regulated  by  local  or  special  law.      (Minn.  IV  33.) 
Creation  of  election  districts  for  constable  not  to  be  provided  for  by 

local,  private  or  special  law.      (Miss.  IV  90.) 

Appointment 

To  be  appointed  by   county   commissioners   for   the  election   districts 
of  the  counties,  and  by  mayor  and  council  for  election  districts  of 
Baltimore.      (Md.  IV  Pt.  VI  42.) 
Each  magistrate  under  regulations  prescribed  by  law  to  appoint  one 
or  more  constables.      (S.C.  V  20.) 


l.')4  State  Constitutions 


CONSTABLES   (Cont'd) 
Bond 

Before   entering  on  duties   and   as   often   as  may   be   deemed   proper 

to  give  bond  and  security  prescribed  by  law.     (Ky.  103.) 
To  furnish  bond    (Xew  Orleans).      (La.   145.) 
Compensation 

If  precinct  includes  part  of  city  or  town,  to  be  paid  fixed  salary  and 

not  to  receive  fees  for  own  use.      (Ariz.  XXII  17.) 
Compensation  to  be  prescribed  by  law.      (Fla.  VIII  6;  111.  VI  18,  32; 

Md.  IV  Pt.  VI  42;  S.C.  V  24,*20.) 
To  receive  such   compensation   in  civil   matters  as   fixed  by  law;   to 
receive  none  in  criminal   matters   or   in  peace  bond  cases;   but  in 
lieu  thereof  salaries  fixed  by  "'police  jury"  and  paid  by  parish; 
"which  salaries  shall  be  graded".      (La.  127,  128.) 
To  be  fees  of  office  as  fixed  by  laAV   (Xew  Orleans).      (La.  145.) 
Constable  shall  accept  fees  as  full  compensation.      (Utah  XXI  2.) 
In    cities    having    population    of    5,000    or    more,    legislature    to    fix 

compensation  by  salary.      (Wash.  XI  8.) 
In  precincts  having  more  than  1,500  population  to  receive  as  compen- 
sation fees  provided  by  law.      (Wyo.  XIV  2.) 
Election 

In  precincts  lying  in  or  partly  in  city  or  incorporated  town  of  more 
than  1,500  inhabitants  legislature  may  provide  for  election  of 
one  constable.  In  precincts  not  lying  within  or  partly  in  such 
cities  or  towns  qualified  electors  of  precinct  to  elect  one  constable. 

(Ala.  VI  168.) 
To  be  elected  by  qualified  voters  of  township.      (Ark.  VII  47;   N.C. 

IV  24.) 

To  be  elected  in  each  precinct  at  election  for  members  of  legislature. 

This  section  to  govern  unless  otherwise  expressly  provided  by  the 

constitution.      (Colo.   XIV   11.) 

Legislature  to   provide  for   election   of   by  qualified  electors   in   each 

county.      (Fla.  VIII  6.) 
To  be  elected  by  registered  voters   in  each  justice  of  peace  district. 

(Fla.  V  23.) 
To  be  elected  in  and  for  such  districts  as  are  or  may  be  provided  for 

bylaw.      (111.  VI  21.) 
One  to  be  elected  in  each  justice's  district.      (Ky.  99.) 
To  be   elected   by   qualified  electors  of   territorial   limits  of   counties. 

(La.  127.) 

Constable    of   city    court   of   Xew    Orleans   to    be    elected    by    qualified 

voters  of  specified   portion  of  city.      (La.    140.   147.)      If  not  fixed 

by  constitution  to  be  elected  at  parochial  and  municipal  elections. 

(Parish  of  Orleans.)      (La.  152.) 
To  be  chosen    in  each   county   in  manner  provided  by   law  "  for  each 

district  '".      (Miss.  VI   171.) 
To  be  elected  in  and  for  such   districts  or  precincts  as  are  provided 

by  law.      (X.M.  VI  26.) 
To  be  elected  by  qualified  voters  in  each  district.      (Tenn.  VI  15.) 
One  to  be  elected  in  each  precinct.     (Tex.  V  18.) 
To  be  elected  by  voters  of  each  district,     (\V,Va.  IX  2.) 


I.mif.x    Dkjknt  155 


CONSTABLES    (Cont'd) 
Fees 

Legislature  may    provide   by   law   what   fees   constable   may    charge, 

and  such  fees  shall  be  uniform  throughout  state.      (Ala.  \'I   168.) 

Private,  local  or  special  legislation  increasing  fees,  forbidden.      (Ala. 

IV   1()  1. 1 
Legislature   to   provide  general    fee   bill   or   bill   of   costs   regulating 

fees  and  compensation  in  civil  matters.      ("La'.   129.) 
To    continue    as    fixed    by    law    until    otherwise    provided    by    law. 

(  La.   153.) 
Constable  exempt   from   requirement    in   constitution    in    relation   to 

return  of  fees.      (Md.  XV   1.) 
Local  or  special  legislation  regulating  fees,  forbidden.      (Mo.  IV  53 : 

Okla.  V  4b j  Pa.  Ill  7;    Tex.   Ill   56.) 
Indictment 

Subject  to  indictment  for  misfeasance  or  malfeasance  in  office  or 
wilful  neglect  of  duties  in  manner  prescribed  by  law;  but  officer 
to  have  right  to  appeal  to  court  of  appeals.     Conviction   renders 

office  vacant.      (Ivy.  227.) 
Jurisdiction 

Not  to  be  regulated  by  private,  local  or  special  law.  (Cal.  IV  25; 
Colo.  V  25;  Ida.  Ill  19;  111.  IV  22;  Ind.  IV  22;  Mont.  V  26;  Xebr. 
Ill    15;    Nev.    IV    20;    X.M.    IV    24;    X.D.    II    69;    Ore.    IV    23; 

Wyo.  Ill  27.) 
To  be  co-extensive  with   county.      (Ky.    101;  Tenn.  VI   15.) 
Prescribed  by  law.      (Md.  IV  Pt.  VI  42.) 

Elected  for  districts  but  powers  to  extend  throughout  county.     (W.A  a. 

IX  2.) 

XUMBER 

One  for  each   precinct.      (Ala.  VI   168.) 

Two  for  each  precinct  in  county.  In  precinct  containing  50,000  or 
more  inhabitants  number  of  constables  may  be  increased  by  law. 
This  section  to  govern  unless  otherwise  expressly  provided  by  con- 
stitution.     (Colo.  XIV   11.) 

One  for  each  justice's  district.      (Fla.  V  23.) 

One  for  the  court  of  each  justice  of  the  peace.      (La.  127.) 

One  constable  provided  for  city  courts,  to  appoint  necessary  deputies 
and  fix  their  salaries  and  remove  at  pleasure;  to  furnish  and  pay 
one  deputy  to  attend  "  sittings  "  of  each  judge;  judge  to  select  such 
deputy;  latter  to  perform  duties  required  by  constable  when  not 
engaged   in  court.      (Xew  Orleans.)       (La.   145.  147.) 

Such  number  as  provided  by  law  for  the  several  election  districts  of 
counties  and  wards  of  the  city  of  Baltimore.      (Md.    IV  42.) 

Local,  private  or  special  legislation  providing  for  creation  of  districts 
for   election   of   constables,    forbidden.       (Miss.   IV   90.) 

Competent    number   in   each   county.      Oliss.   VI    171.) 

One  or  more  as  provided  by  law.      (SIC;  V  20.) 

Onf  for  each  district  (not  more  than  25  districts  in  a  county  I  ex- 
cept   in    districts    including    bounty    towns,    where    two.      (Tenn. 

VI  15.) 


156  State  Constitutions 

CONSTABLES    (Cont'd) 
Number    ( Con  t'd ) 

Each   county  to  be  divided   into  not  less  than  four   nor  more  than 

eight  precincts;  one  constable  to  be  elected  in  each.      (Tex.  V  18.) 

One  for  each  district  in  a  county  and  if  population  exceeds  1,200  one 

additional.       (W.Va.    IX    2.) 
Oath  or  Office 

Shall  be  endorsed  upon  certificate  of  election.     (Ark.  VII  47.) 
Powers  and  Duties 

Not  to  be  regulated  by  private,  local  or  special  law.  (Cal.  IV  25; 
Colo.  V  25;  Ida.  Ill  19;  111.  IV  22;  Ind.  IV  22;  Minn.  IV  33; 
Mont,  V  26;   Nebr.  Ill  15;  New  IV  20;  N.M.  IV  24;  N.D.  II  69; 

Ore.  IV  23;  Wyo.  Ill  27.) 
To  perform  such  duties  and  under  such  regulations  as  prescribed  by 

law.     (Fla.  V.  23,  VIII  6.) 
As.  provided  by  law.      (111.  VI   18,  32.) 

Exempt   from   requirement    in   constitution   in   relation   to   return   of 

fees.      (Md.XV  1.) 
To  be  conservator  of  the  peace  and  to  have  such  duties  as  prescribed 

by  law.     (Md.  IV  Pt.  VI  42.) 
Local  or  special  legislation  extending  powers  and  duties  of,  forbidden. 

(Mo.  IV  53;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56.) 
To  execute  writs  and  processes  issued  by  magistrate.      (S.C.  V  20.) 
To  be  conservator  of  peace  throughout  county.      iW.U.  IX  7.) 
Qualifications  and  Disqualifications 

Twenty-four  years  of  age  at  time  of  election ;    citizen  of  Kentucky ; 
resident  of  state  two  years  and  in  county  or  district  in  which  he 
is  candidate  one  year  next  preceding  election.      (Ky.  100,  101.) 
Not  to  be  eligible  to  seat  in  legislature.     (W.Va.  VI   13.) 
Removal 

May  be  removed  by  circuit  or  other  court  of  like  jurisdiction  or  crim- 
inal court  of  county  in  which  such  officer  holds  office  as  prescribed 
by  law,  provided  that  right  to  jury  trial  and  appeal  be  secured. 
Grounds  for  removal:  "wilful  neglect  of  duty,  corruption  in  office, 
incompetency,  or  intemperance  in  the  use  of  intoxicating  liquors  or 
narcotics  to  such  an  extent,  in  view  of  the  dignity  of  the  office  and 
the  importance  of  its  duties,  as  unfits  the  officer  for  the  discharge 
of  such  duties,  or  for  any  offense  involving  moral  turpitude  while 
in  pffice  or  committed  under  color  thereof  or  connected  therewith  ". 
Penalty  not  to  extend  beyond  removal  and  disqualification  from 
holding  office  under  authority  of  state  for  the  term  for  which  such 
officer  was  elepted  or  appointed,  but  accused  to  be  liable  to  indict- 
mriit  or  punishment  as  prescribed BY  law.  (Ala.  VII  173,  175.  176.) 
To  he   removed   on   prosecution   and  final  conviction   for  misdemeanor 

in  office.  (111.  VI  21.  30.) 
In  Xew  Orleans  may  be  removed  by  judges  of  city  court  on  proof. 
after  trial,  without  a  jury,  of  gross  or  continued  neglect,  incom- 
petency or  unlawful  conduct  " operating  injury'"  to  court  or  any- 
individual;  majority  of  judges  may  render  judgment  in  case;  court 
to  adopt  rules  regulating  complaints  and  trial  in  such  eases;  de- 


TXDEX    DldEST  157 


CONSTABLES   (Cont'd) 
Removal    (Cont'd) 

lisiiin  subject  to  appeal  (<>  court  of  appeal  for  parish  "t'  Orleans. 

I  La.  14.-,.  137,  147.) 
May  be  removed  by  judge  having  criminal  jurisdiction  "  for  incom- 
petency, wilful  neglect  of  duly  or  misdemeanor  in  office,  on  con- 
viction in  a  court  of  law".  (Md.  TV  Pt.  VI  42.) 
May  be  removed  by  judges  of  district  court  for  incompetency,  official 
misconduct,  habitual  drunkenness  or  other  cau&es  defined  by  law 
on  written  statement  of  cause  "and  the  finding-  of  its  truth   by  a 

jury"'.      (Tex.  V  24.) 
Residence 

To  reside  in  district  for  which  elected.     (111.  VI  21,  32;  Tenri.  VI  15; 

YY.Va.  IX  2.) 

Term 

Two  vears.      (Ark.  VII  47:  Colo.  XIV  11:   Md.  IV  Pt.  VI  42:   Tenn. 

VI  I:,.) 
Four  years.     (Fla.  VIII  fi;  La.  127;  Miss.  VI  171;  W.Va.  IX  2.) 
Four  years  and  until  successors  qualify.      (111.   VI  21,  32.) 
To  commence  January  1st  next  after  election  and  to  continue  for  four 

years,  and  until  successor  qualifies,      (Ky.  99.) 
Two    years    and    until    successor    qualifies.       (Township    constable.) 

iX.C.  IV   24.  25.1 
Two  years  and  until  successor  qualifies.      (Tex.  V  18.) 

Vacancies 

To  be  filled  by  election;  but  if  unexpired  term  does  not  exceed  one 
year,  by  appointment  by  board  of  supervisors,  or  board  of  county 
commissioners,  in  county  where  vacancy  occurs.      (111.  VI  32.) 

Conviction  for  misfeasance  or  malfeasance  in  office  or  wilful  neglect 
of  duties  in  manner  prescribed  bv  law  renders  office  vacant.      ( Ivy. 

227.) 

Vacancy  filled  by  appointment  of  county  commissioners  or  by  mayor 
and  council  in  Baltimore  for  balance  of  term.     (Md.  IV  Pt.  VI  43.) 

Filled  by  county  commissioners  for  balance  of  term.  Failure  to 
qualify  renders  office  vacant.      (X.C.  IV  24,  25.) 

Removal  from  district  in  which  elected  renders  office  vacant.     (Tenn. 

VI  15.) 

If  unexpired  term  is  more  than  one  year,  to  be  filled  by  special 
election  called  by  "  proper  legal  authority  "  held  within  60  days 
under  general  state  elections  laws;  where  unexpired  term  is  less 
than  one  year  governor  to  fill  with  consent  of  senate  for  balance 
of  term.      (Xew  Orleans.)      (La.   157.) 

CONSTITUTION  OF  STATE 

Vor  to  revive  hurs.  See  Laws  —  Revival. 
Effect 

On  existing  laics,  See  Laws  —  Existing  to  Remain  in  Force. 
Operative  in  war  as  well   as  peace:    departure   from  or  violation   of 
under  plea  of  necessity  or  any  other  plea  subversive  of  good  govern- 
ment and  tends  to  anarchy  and  despotism.     (W.Va.  I  3.) 


1  5  8  State  Coxstitutioxs 


CONSTITUTION   OF  STATE    (Cont'd) 
Effect  {Cont'd) 

Provision*  mandators .  except  where  otherwise  declared.  (Ariz.  II 
32:    Cal.    I    22:    Mont.    D.R.   2«.t :    N'.l).    I    21;    S.C.    1    29;    Utah    I    20: 

Wash.    I    29.) 
Obligatory  upon  all  until  changed  by  act  of  people.      (R.J.   I    I.; 
Omission    from    constitution   of   article   of   constitution   of    18D8   and 
amendments  thereto  or  any  other  existing  constitutional  provision 
not  to  amount  to  repeal  thereof  unless  inconsistent  with   this  con- 
stitution.     (La.    32(5    Co).) 
Provision   of   express   or   implied   contracts   to   waive   any   benefits   of 
constitution  to  be  void.      (Okla.  XXII I  8.) 
Laws  Exforcixg,  See  Laws  —  Exforcixg  Coxstitutiox. 
Preservation 

To  be  enrolled  on  parchment  and  deposited  in  office  of  secretary  of 
state,  and  to  be  part  of  laws  of  land.      (Me.  X  3;  N.H.  II  100.) 
PjUBLICATION 

State  constitution  to  be  prefixed  to  editions  of  laws.     (Me.  X  3;  Mass. 

Ft.  II  Ch.  VI  11;  Nebr.  XVI  28;  N.H.  II  100.) 
State  constitution  to  be  prefixed  to  every  codification  of  laws.      (Del. 

XV  9.) 
Reports  by  Judges  ox  Defects 

Defects  and  omissions  with  appropriate  bills  to  remedy  reported  in 
writing  by  judges  of  highest  court  to  governor  on  or  before  De- 
cember  1st,  transmitted  by  governor  to  legislature  with  message. 

(Colo.  VI  27.) 
Defects  in  to  be  reported  by  judges  of  highest  court  to  legislature 

annually.      (111.  VI  31.) 
Defects  and  omissions  reported  by  justices  of  highest  court  to  gover- 
nor on  or  before  December  1st  of  each  year.     Transmitted  by  gov- 
ernor to  legislature  with  message.     <Ida.  V  25.) 
Supreme  Law 

Constitution  of  state  to  be  law  of  general  operation  second  in  author- 
ity to  United  States  constitution.      (Ga.  XII  Sec.  I  2.) 
Constitution  to  be,  of  the  state.     (Iowa  XII  1;  Me.  X  3;  E.I.  IV  1.) 

I'X CONSTITUTIONALITY    OF   LAWS 

Adoption  by  people  of  law  declared  unconstitutional,  See  Courts  — 

Decisioxs. 
Xo  law  to  be   held  unconstitutional  by  highest  court   without  con- 
currence of  at  least  all  but  one  of  judges,  except  in  affirmance  of 
judgment    of   intermediate   court   of   appeals  declaring  law  uncon- 
stitutional.  (Ohio  IV  2.) 
Decision  of  highest  court  in  case  involving  construction  of  to  be  by 

court  en  banc.  (Colo.  VI  5.) 
Xo  court  but  highest  to  declare  unconstitutional  law,  or  city  charter 
or  amendment  adopted  by  people  in  cities;  decision  subject  to 
approval  or  disapproval  by  people.  (Colo.  VI  1.) 
Assent  of  at  least  three  judges  of  highest  court  necessary  to  declare 
law  repugnant  to  state  constitution;  if  not  more  than  two  judges 
sitting   agree  and  case  cannot   be   determined  without   passing   on 


Ixdex  Digest  150 


CONSTITUTION  OF  STATE    (Conf<l) 

UNCONSTITUTIONALITY   OF   LAWS     {Cont'd) 

the  question,  no  decision  to  be  rendered,  but  case  to  be  reheard  by 
full  court;  and  in  no  case  where  jurisdiction  depends  solely  upon 
fact  that  constitutionality  of  a  law  is  involved  shall  court  decide 
case  upon  merits  unless  decision  of  appellant  upon  constitutional 
question   is  sustained.      (Va.   VI   88.) 

If  it  appears  to  justices  of  highest  court,  or  any  three  of  them,  that 
question  of  constitutional  law  is  involved  on  which  entire  court 
has  hot  agreed,  the  chief  justice,  or  in  his  absence  presiding 
associate  justice,  shall  call  to  assistance  of  highest  court  all  the 
judges  of  the  circuit  courts.  Decision  of  majority  of  justices  and 
judges  sitting  to  be  filial  and  conclusive.  If  number  qualified  to 
sit   constitute  even    number,   one   of   circuit   judges,   determined    by 

lot,   shall  'retire.      (S.C.   V    12.) 

If  question  as  to  construction  of  provision  of  constitution  or  as  to 
constitutionality  of  act  of  legislature  arises  in  case  pending  in 
appellate  court,  court  shall  so  certify  to  highest  court  and  trans- 
mit a  transcript  of  record  to  highest  court,  which  instructs  appel- 
late court;  but  if  by  reason  of  equal  division  of  opinion  no  instruc- 
tion given,  appellate  court  may  decide  question,      (Ga.  VI  See.  II 

9.) 

Acts   in   violation   of   void,   and   judiciary  shall   so  declare,      ((la.   I 

Sec.  IV  2.) 

Law   inconsistent  with  constitution  to  be  void.      (Iowa   XII   1;   R.I. 

IV  1.) 
CONSTITUTION  OF  UNITED  STATES 

Adoption  by  people  of  law  declared  unconstitutional  by  State  court.  See 

Conns    -  Decisions. 

Constitution  of  the  United  States  is  supreme  law  of  land.      (Ariz.  II  3; 
Cal.  I  3;  Ida.  I  3;  X.M.  II  1;  X.D.  I  3;  S.D.  VI  26;  Utah  I  3;  Wash. 

I  2;  W.Va.  I  1;  Wyo.  I  37.) 

Constitution  of  United  States  and  laws  in  pursuance  thereof,  and  treaties 

made   under   authority   of   United   States   are   supreme   law.    (Ga.    XI 1 

Sec.  I  1;   Md.  D.R.  2;   W.Va.   II.) 
Operative  in  war  as  well  as  peace;  departure  from  or  violation  of  under 
plea  of  necessity  or  any  other  plea  subversive  of  good  government  and 
tends  to  anarchy  and  despotism.      (Md.  D.R.  44;  W.Va.  I  3.) 
State  subject  only  to.      (Mo.  II  3;  Tex.  I  1.) 

Citizens  owes  paramount  allegiance  to.      (Fla.  D.R.  2;   X.  C.  I  5.) 
Xo  law  in  contravention  of  binding.      (X.C.  I  5.) 

Acts  in  violation  of  void,  and  judiciary  to  so  declare  them.      (Ga.  I  Sec. 

IV  2.) 

Change  in  form  of  state  government  not  to  be  repugnant  to  constitution 

of  United  States.      (Colo.  II  2;   Miss.  Ill  6;   Mo.  II  2;   Mont.  Ill  2; 

X.C.  I  3;   Okla.   II  1.) 

Xo  convention  or  legislature  of  state  to  act  upon  amendment   proposed 

by  Congress  unless  elected  after  submission  of  amendment.     (Fla.  X\  1 

19;  Tenn.  II  32.) 


160  State  Constitutions 


CONSTITUTION   OF   UNITED   STATES    (Oqnt'd) 

Legislature  not  to  adopt  change  in,  which  may  impair  right  of  local  self- 

govenmieiit.  (Mo.  11  3.) 
Assent  of  at  least  three  judges  of  highest  court  necessary  to  declare  law- 
repugnant  to  United  States  constitution;  if  not  more  than  two  judges 
sitting  agree  and  case  cannot  be  determined  without  passing  on  the 
question,  no  decision  to  be  rendered  but  case  to  be  reheard  by  full 
court;  and  in  no  case  where  jurisdiction  depends  solely  upon  fact  that 
constitutionality  of  a  law  is  involved  shall  court  decide  case  upon 
merits    unless   decision    of    appellant    upon    constitutional    question    is 

sustained.  (  Va.  VI  88.) 
If  question  as  to  construction  of  provisions  of  constitution  or  as  to  con- 
stitutionality of  act  of  legislature  arises  in  case  pending  in  appellate 
court,  court  shall  so  certify  to  highest  court  and  transmit  a  transcript 
of  record  to  highest  court,  which  instructs  appellate  court;  but  if  by 
reason  of  equal  division  of  opinion  no  instruction  given,  appellate 
court  may  decide  question.  (Ga.  VI  Sec.  II  9.) 
Decision  of  highest  court  in  case  involving  a  construction  of  the  consti- 
tution of  the  United  States  not  to  be  decided  except  by  court  en  banc. 

(Colo.   VI   5.) 

Xo  law  to  be  held  unconstitutional  by  highest  court  without  concurrence 

of  at  least  all  but  one  of  judges,  except  in  affirmance  of  judgment  of 

intermediate  court  of  appeals  declaring  law   unconstitutional.      (Ohio 

IV  2.) 
CONTEMPTS 

Of  legislature,  See  Legislature. 

Of  public  service  commission,  See  Public  Service  Commissions. 
Power  of  courts  to  punish  for  contempt  to  be  limited  by  law.     ( Ga.  I  Sec. 

I  20;  La.  177;  Va.  IV  63.) 

Legislature  may  regulate  by  law  punishment  of  contempts  not  committed 

in  presence  or  hearing  of  courts,  or  in  disobedience  of  process.      (Ark. 

VII  26.) 
Legislature  to  pass  laws  defining  and  regulating  proceedings  and  punish- 
ment; any  person  accused  of  violating  or  disobeying  when  not  in  pres- 
ence or  hearing  of  court  or  judge  sitting  as  such,  order  of  injunction 
or  restraint  shall,  before  penalty  or  punishment  is  imposed,  be  entitled 
to  trial  by  jury;  penalty  or  punishment  not  to  be  imposed  for  contempt 
until  opportunity  to  be  heard  is  given.     (Okla.  II  25.) 

CONTRACTS 

For  monopolies,  See  Monopolies  and  Trusts. 

Public,  See  Public  Contracts. 

Laws  impairing  obligation  of  prohibited.  (Ala.  I  22;  Ariz.  II  25;  Ark. 
II  17;  Cal.  I  16;  Colo.  II  11;  Fla.  D.R.  17;  Ga.  I  Sec.  Ill  2;  Ida.  I  16; 
111.  II  14;  Ind.  I  24;  Iowa  I  21;  Ky.  19;  La.  160;  Me.  Ill;  Mich.  II  9; 
Minn.  I  11;  Miss.  Ill  16;  Mo.  II  15;  Mont.  Ill  11;  Nebr.  I  16;  Nev. 
I  15;  N.M.  II  19;  N.D.  I  16;  Okla.  II  15;  Ore.  I  21;  Pa.  I  17;  R.I.  I 
12;  S.C.  I  8;  S.D.  VI  12;  Tenn.  I  20;  Tex.  I  16;  Utah  I  18;  Va.  IV  58; 
Wash.  I  23;  W.Va.  Ill  4;  Wis.  I  12;  Wyo.  I  35.) 

No  law  of  state  to  impair  obligation  of  contracts  by  destroying  or  impair- 
ing remedy  for  their  enforcement.     (Ala.  IV  95.) 


T\i.i:\   Digest  M'>1 


CONTRACTS    (Cont'd) 

Legislature  to  have  no  power  to  pass  laws  impairing  obligation  of  con- 
tracts; but  may,  by  general  laws,  authorize  courts  to  carry  into  effect, 
upon  such  terms  as  shall  be  just  and  equitable,  the  manifest  intention 
of  parties,  and  officers,  by  curing  omissions,  defects  and  errors,  in 
instruments  and  proceedings,  arising  out  of  their  want  of  conformity 
with  laws  of  state.  (Ohio  II  28.) 
Legislature  not  to  pass  any  law  impairing  obligation  of  contracts,  or 
'  depriving  a  party  of  any  remedy  for  enforcing  a  contract  which  existed 

when  contract  was  made.     (N.J.  IV  Sec.  VII  3.) 
Nothing  contained  in  constitution  to  impair  validity  of  contracts.     (Tenn. 

XI   2.) 
Legislature  to  enact  laws  to  prevent  contracts  and  agreements  inimical  to 

public  welfare.      (Miss.  VII   19S;   S.C.   IX   13.) 
Any   provision  of   express  of   implied   contract    stipulating   for  notice   or 
demand,  other  than  such  as  provided  by  law,  as  a  condition  precedent 
for- any  claim,  demand  or  liability,  to  be  void.     (Okla.  XXIII  9.) 
Person  to  be  held  to  voluntary  contract  to   attend  or  support  place  of 

worship.      (Mo.  II   6.) 
CONTRIBUTORY  NEGLIGENCE,  See  Injuries. 

CONVICT  LABOR 

Use  of  convict  fund  for  roads,  See  Roads  —  State  Aid. 

Provision  forbidding  state  or  subdivision  thereof  to  employ  aliens  on 
any  public,  work  not  to  be  construed  to  prevent  working  of  prisoners 
by    state    or    municipality   thereof,    on    streets,   roads   or   other   public 

work.      (Ariz.  XVIII   10.) 

Labor  of  convicts  not  to  be  let  out  by  contract;  legislature  to  provide 
for  working  of  convicts  for  benefit  of  state.      ( I'al.  X  6. ) 

Unlawful  for  commissioners  of  penitentiary  or  other  reformatory  insti- 
tution of  state  to  let  by  contract  the  labor  of  convict.      (111.  Convict 

Labor  Amend,  of  1SSG.) 

Persons  convicted  of  felony  and  sentenced  to  penitentiary  to  be  confined 
at  labor  within  walls  of  penitentiary  and  legislature  shall  not  author- 
ize employment  elsewhere,  except  upon  public  works  of  state  or  when 
during  pestilence  or  in  case  of  destruction  of  prison  they  cannot  be 
confined  in  penitentiary.  State  to  maintain  control  of  discipline  and 
provide  for  all  supplies  and  for  sanitary  conditions  of  convicts;  labor 
only  of  convicts  may  be  leased.      (Ky.  253,  254.) 

Legislature  may  authorize  employment  "under  state  supervision  and 
proper  officers  and  employees  of  state",  of  convicts  on  public  roads  or 
other  public  works  or  convict  farms,  or  in  manufactories  owned  or 
controlled  by  state,  under  provisions  and  restrictions  prescribed  by 
law;  and  shall  enact  necessary  laws;  no  convict  sentenced  to  state 
penitentiary  to  be  leased  or  hired  to  any  person,  or  private  or  public 
or  quasi-public  corporation  or  board,   save   as  herein  provided.      (La. 

196.) 

If  parish  divided  into  road  districts,' judge  may  sentence  any  mie  con- 
victed of  offense,  when  punishment  imposed  by  law  is  imprisonment  in 
jail   in   first  instance,  or  in  default  of  payment  of  fine,  to  work   on 

6 


162  State  Constitutions 


CONVICT  LABOR    (Cont'd) 

roads,  bridges  and  other  public  works  of  parish;  and  when  prescribed 
punishment  is  imprisonment  in  penitentiary,  may  sentence  him  to  work 
on  roads,  bridges  and  other  works  of  parish  where  crime  committed, 
if  sentence  imposed  does  not  exceed  six  months.      (La.  292.) 

Legislature  to  provide  by  general  law  for  working  on  public  roads  by 
contract  or  by  county  prisoners,  or  both.  Such  law  may  be  put  in 
operation  only  by  vote  of  board  of  supervisors  in  counties  where  it 
may  be  desirable.      (Miss.  IV  85.) 

Penitentiary  convict  not  to  be  leased  or  hired  to  any  person  or  private, 
public  or  quasi-public  corporation  or  board  after  December  31,  1894, 
previous  lease  or  hiring  not  to  extend  beyond  that  date;  legislature  to 
abandon  system  as  much  sooner  as  consistent  with  economic  'safety  of 
state  but  legislature  may  authorize  employment  under  state  super- 
vision and  proper  officers  and  employees  of  state,  of  convicts  on  public 
roads  or  other  public  works,  or  by  any  levee  board  or  any  public  levees 
under  such  provisions  and  restrictions  as  it  may  deem  pr.oper;  but 
convicts  not  to  be  let  or  hired  to  contractors  under  board,  and  working 
of  convicts  on  public  roads,  or  public  works,  or  by  any  levee  board,  not 
to  interfere  with  preparation  for  or  cultivation  of  crop  which  may  be 
intended  shall  be  cultivated  by  convicts,  nor  interfere  with  manage- 
ment of  state  affairs  nor  put  state  to  any  expense.  Legislature  may 
place  convicts  on  state  farm  or  farms  and  have  them  work  thereon 
under  state  supervision  exclusively,  in  tilling  soil  or  manufactures, 
and  may  imy  farms  for  that  purpose.  Convicts  sentenced  to  county 
jail  not  to  be  hired  or  leased  outside  of  county  of  conviction  after 
January  1,  1893.      (Miss.  X  223,  224,  225,  22G.) 

Warden  or  other  officer  of  state  penitentiary  or  reformatory  institution 
or  any  state  officer  not  to  let  by  contract  to  any  person  labor  of  any 
convict  within  said  institution.      (Mont.  XVIII  2.) 

Persons  confined  in  penitentiary,  so  far  as  consistent  with  discipline  an  I 
public  interest,  to  be  employed  in  beneficial  industry;  and  where 
convict  has  dependent  family  his  net  earnings  paid  to  family  if  neces- 
sary for  support.     Leasing  of  convict  labor  by  state  prohibited.     (N.M. 

XX  15,  18.) 

Legislature  to  provide  for  occupation  and  employment  of  all  prisoners 
sentenced  to  state  prisons,  penitentiaries,  jails  and  reformatories;  on 
and  after  January  1,  1897,  no  person  in  any  state  prison,  penitentiary, 
jail  or  reformatory  to  be  required  or  allowed  to  work  at  any  trade, 
industry  or  occupation  wherein  or  whereby  his  work  or  its  product  or 
profits  shall  be  farmed  out,  contracted,  given  or  sold,  to  any  person, 
firm,  association  or  corporation.  This  not  to  prevent  legislature  from 
providing  that  convicts  may  work  for  and  their  products  be  disposed 
of  to  state  or  political  division  thereof,  or  for  or  to  any  public  insti- 
tution   owned    or    controlled    by    state    or    political    division.       (N.Y. 

Ill  29.) 

May  be  used  on  public  works  or  highways  or  other  labor  for  public 
benefit,  and  may  be  farmed  out  as  prescribed  by  law  (except  in  case 
of  murder,  manslaughter,  rape,  attempt  to  commit  rape  or  arson)  ; 
but   convict    farmed   out   punishable   only   by   state   officer    and   under 


Index  Digest  103 


CONVICT  LABOR    (Cont'd) 

disciplinary    control    of    penitentiary    board    or    state    officers.       (NX. 

XI   1.) 

Legislature  to  provide  for  occupation  and  employment  of  prisoner-;.  No 
person  under  sentence  in  penal  institution  or  reformatory  to  be 
required  or  allowed  to  work  at  trade  if  his  work  or  product  or  profit 
thereof  is  to  be  sold,  farmed  out,  contracted  or  given  away;  goods 
made  by  persons  under  sentence  to  penal  institutions  or  reformatory 
outside  of  state  and  such  goods  made  within  the  state  (excepting  those 
disposed  of  to  state  or  political  subdivision  or  public  institution  owned 
or  under  control  of  state  or  political  subdivision)  not  to  be  sold  to 
.•late,  unless  conspicuously  marked  "Prison  Made".  This  provision 
not  to  prevent  passage  of  laws  providing  that  convicts  may  work  for 
and  products  of  labor  be  disposed  of  to  state  or  political  subdivision 
or  to  public  institution  owned   or  under  control  of   state  or  political 

subdivision.      (Ohio   II   41.) 

Legislature  may  provide  for  use  of  convict  and  punitive  labor  for  build- 
ing and  maintaining  public  roads.  Contracting  of  convict  labor  pro- 
hibited.     (Okla.  XVI  1,  XXII I  2.) 

General  trial  court  and  all  courts  inferior  thereto  and  municipal  courts 
may  impose  sentence  of  labor  upon  highways,  streets  and  other  public 
work,  upon  person  by  them  sentenced  to  imprisonment.     (S.C.  V  33.) 

Convict  sentenced  to  hard  labor  by  any  court  may  be  employed  on  public 
works  of  state  or  of  counties  and  on  public  highways.  If  convicts  hired 
or  farmed  out  as  may  be  provided  by  law,  maintenance,  support, 
medical  attendance  and  discipline  to  be  under  direction  of  officers 
detailed  by  authorities  of  penitentiary.      (S.C.  XII  6,  0.) 

Legislature  to  make  provision  by  which  persons  convicted  of  misde- 
meanors and  convicted  to  county  jails  in  default  of  payment  of  fines 
and  costs  shall  be  required  to  discharge  such  fines  and  cost  by  manual 
labor  under  regulations  to  be  prescribed  by  law.  Legislature  to  pro- 
vide for  laying  out  and  working  public  roads  and  building  bridges, 
and  for  utilizing  fines,  forfeitures  and  convict  labor  to  all  these  pur- 
poses.     (Tex.  XVI  3,  24.) 

Legislature  to  prohibit  the  contracting  of  convict  labor  and  the  labor  of 
convicts  outside  prison  grounds  except  on  public  Works  under  direct 
control  of  state.      (Utah  XVI  3.) 

Means  ought  to  be  provided  for  punishment  of  convicts  by  hard  labor 
whereby  they  shall  be  employed  for  benefit  of  public  or  for  reparation  of 
injuries  done  to  private  persons  and  all  persons  at  proper  times  ought 
to  be  permitted  to  see  them  at  their  labor.      (Vt.  II  (SO.) 

After  January  1,  1S90,  labor  of  convicts  of  state  not  to  be  let  out  by 
contract,  and  legislature  to  provide  for  working  of  convicts  for  benefit 

of  state.     (Wash.  II  29.) 

COOLIE  LABOR,  See  Labor. 

CO-OPERATIVE    ASSOCIATIONS 

Legislature  to  provide  for  organization  of  mutual  co-operative  associa- 
tions or  corporations.     (Wyo.  X  Corporations  10.) 


164  State  Constitutions 


CORONERS 

Under  tliis  heading  are  digested  those  pruvisioiis  which  specifically  refer 
to  this  officer.  For  provisio7is  relating  to  all  officers  and  hence  to  this 
one,  See  title  Public  Officers,  and  title  Counties  —  Officers. 

Appointment 

Governor  to  appoint -with  consent  of  council.      (Me.  V  Pt.  1,  8.) 

May  be  appointed  in  each  county  and  in  Baltimore  in  the  manner 
and  for  the  purpose  prescribed  by  law.      (Md.  IV  Pt.  VII  45.) 

To  be  nominated  and  appointed  by  governor  with  consent  of  council. 
Nomination  to  be  made  by  governor  at  least  seven  days  prior  to 
appointment.      (Mass.   Pt.  II  Ch.  II  Sec.  I   9.) 

Governor  to  appoint  in  new  county  to  hold  until  next  succeeding 
general  election  and  until  successor  qualifies.      (Mo.  IX  10.) 

To  be  nominated  and  appointed  by  governor  and  council ;  nomination 
to  be  made  at  least  three  days  before  appointment;  no  appoint- 
ment to  be  made  unless  majority  of  council  agree;  governor  and 
council  to  have  negative  on  each  other  both  in  nominations  and 
appointments.  Nominations  and  appointments  to  be  signed  by 
governor   and   council,   and   negative  to   be   signed   by   governor    or 

council.      (N.H.  II  45,  46.) 

By  clerk  of  superior  court  "  when  there  is  no  coroner  in  a  county  ". 

(Special  cases.)      (N.C.  IV  24.) 

To  be  appointed  by  county  court.     (W.Va.  IX  2.) 

Bond 

Before' entering  on  duties  and  as  often  as  may  be  deemed  proper  to 

give  bond  and  security  prescribed  by  law.      (Ky.  103.) 
To  give  security  before  entering  upon  office  in  amount  and  manner 

prescribed  by  law.      (Mo.  IX  10.) 
Commission 

To  be  commissioned  by  governor.      (Ark.  VII  46,  4S;  Del.  Ill  22.) 

Compensation  ' 

To  be  paid  such  salary  or  compensation  either  from  fees,  perquisites 
and  emoluments  of  his  office  or  from  general  county  fund,  as  pro- 
vided by  law.  This  section  to  govern,  unless  otherwise  expressly 
provided  by  constitution.  (Colo.  XIV  8.) 
To  receive  only  salary  fixed  by  law,  in  no  case  to  exceed  "  lawful 
compensation  "  of  circuit  court  judges  of  county  and  payable  out 
of  fees  of  his  office  actually  collected.  (Cook  county.)  (111.  X  9.) 
Four   thousand   eight   hundred   dollars   per   year,   to   be   paid   by  the 

city  of  New  Orleans.      (Parish  of   Orleans.)       (La.    310.) 
Fees,   salaries   and    emoluments   to   be   provided   for   by   law.      (N.C. 

IV  18.) 
Creation  of  Office 

To  be  one  of  county  officers.      (Pa.  XIV  1.) 
Deputies  and  Assistants 

In  Cook  county  number  of  deputies  and  assistants  to  be  determined 
by  rule  of  circuit  court  and  entered  of  record  and  compensation 
to  be  fixed  by  county  board.      (111.  X  9.) 


Index  Dkjkst  165 


CORONERS    (Cont'd) 

Deputies  and  Assistants    (Cont'd) 

Coroner  shall  appoint  two  assistants  having  the  same  qualifications 
as  himself.  One  shall  receive  salary  of  $2,600  and  shall  l»e  a 
resident  of  that  portion  of  the  city  of  New  Orleans  lying  on  the 
left  bank  of  the  Mississippi  river;  the  other  shall  receive  annual 
salary  of  $600,  shall  be  a  resident  of  the  fifth  district  of  the  citj 
of  New  Orleans  and  shall  have  his  rjiffice  in  that  district.  The 
salaries   shall   be   paid   by  the   city   (if   New    Orleans.       (  Parish   ol 

Orleans.)       (La.  310,  311.) 
Election 

To  be  elected  by  qualified  electors  of  each  county.      (Ark.  VII  46.) 
To  be  elected  by  qualified  electors  of  each  county  at  general  election. 

(Del.  Ill  22.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election  in 

each  county.      (Ida.  XVIII  6.) 
To  be  elected  in  each  county  at  general  election  Tuesday  after  first 

.Monday   in   November    (1884).      (111.   X    S.) 
Voters  of  each  county  to  elect  at  time  of  holding  general  election. 

(Ind.  VI  2;  Ore.  VI  6.) 
To  be  elected  in  each  county.      (Ky.  99.) 

Qualified  voters  of  each  parish,  except  Orleans,  to  elect  at  general 

election.      (La.  119.) 
One  coroner  for  the  parish  of  Orleans  to  be  elected  by  the  qualified 

electors.     (La.  310.) 
To  be  elected  in  each  county  in  manner  provided  by  law  for  each 

county.      (Miss.  V  135,  138.) 
To  be  elected  by  qualified  voters  of  each  county  first  Tuesday  follow- 
ing first  Monday,  November    (1908)    and  every  four  years  there- 
after.     (Mo.  IX  10.) 
Elected  by   "people"   of   county   at   election   for   legislature.      (N.J. 

VII   2-7.) 
Qualified  voters  of  each  county  to  elect  "  as  prescribed  for  members 

of   legislature".      (N.C.   IV   24.) 
To  be  elected  by  the  qualified  voters  of  each  county.      (S.C.  V  30.) 
To  be  elected  in  each  organized  county.      (S.D.  IX  5.) 
To  be  elected  in  each  county  by  the  justices  of  the  peace.      (Tenn. 

VII  1.) 
To  be  elected  by  county  electors.      (Wis.  VI  4.) 
Fees 

Fees,  perquisites  and  emoluments  in  excess  of  salary  authorized  to 
be   paid   therefrom,   to   be   paid   into  the   county   treasury.      (Cook 

county.)       (ill.   X   9.) 
Legislature  to  provide  general  fee  bill  or  bill  of  costs  regulating  fees 
and  compensation  in  civil  matters.      (La.   129.) 
Indictment 

Subject  to  indictment  for  misfeasance  or  malfeasance  in  office  or 
wilful  neglect  of  duties  in  manner  prescribed  by  law;  but  officer 
to  have  right  to  appeal   to   court   of  appeals.      Conviction    renders 

office  vacant.      (  Ky.  227.) 


1G6  State  Constitutions 


CORONERS    (Cont'd) 

Powers  and  Duties 

Prescribed  by  law.      (Ark.  VII  40;   Md.  IV  Pt.  \U  45.) 

To    be    conservator    of    peace    in    county    in    which    resident.      (Del. 

XV  1.) 

Coroner  to  act  as  sheriff  when  sheriff  is  party  interested  or  during 
vacancy  in  that  office  (except  in  specified  parish)  but  not  to 
serve    as   tax    collector    while   so    acting;    to   be    ex-officio    "parish 

physician".      (La.   119,   121.) 

To  be  fixed  by  law;  coroner  to  be  ex-officio  city  physician  of  the  city 
of  New  Orleans.     (Parish  of  Orleans.)     (La.  310.) 
Qualifications  and  Disqualifications 

Coroner  ineligible  to  seat  in  legislature.      (Ark.  V  7.) 

Ineligible  to  office  of  secretary  of  state,  attorney-general,  insurance 
commissioner,  treasurer,  auditor,  prothonotary,  clerk  of  the  peace, 
register  of  wills,  sheriff,  recorder.      (Del.  Ill  11.) 

Twenty-four  years  of  age  at  time  of  election;  citizen  of  Kentucky; 
resident  of  state  two  years  and  in  county  or  district  in  which  he 
is  candidate  one  year  next  preceding  the  election.      (Ky.   100.) 

To  be  doctor  of  medicine  but  this  not  to  apply  to  parishes  in  which 
there  is  no  such  person  who  will  accept  the  office.      (La.  121.) 

Shall  be  practicing  physician  of  the  city  of  New  Orleans  and  a 
graduate  of  the  medical  department  of  some  university  of  recog- 
nized standard.      (Parish  of  Orleans.)      (La.  310.) 

If  in  default  for  moneys  collected  by  virtue  of  his  office  to  be  "  dis- 
qualified for  the  office  a  second  time  ".      ( B.C.  V  30. ) 
Kehoval 

May  be  removed  by  circuit  or  other  court  of  like  jurisdiction  or 
criminal  court  of  county  in  which  such  officer  holds  office  as  pre- 
scribed by  law,  provided  that  right  to  jury  trial  and  appeal  be 
secured.  Grounds  for  removal:  "wilful  neglect  of  duty,  cor- 
ruption in  office,  incompetency,  or  intemperance  in  the  use  of 
intoxicating  liquors  or  narcotics  to  such  an  extent,  in  view  of  the 
dignity  of  the  office  and  the  importance  of  its  duties,  as  unfits  the 
officer  for  the  discharge  of  such  duties,  or  for  any  offense  involving 
moral  turpitude  while  in  office  or  committed  under  color  thereof 
or  connected  therewith  ".  Penalty  not  to  extend  beyond  removal 
and  disqualification  from  holding  office  under  authority  of  state 
for  the  term  for  which  such  officer  was  elected  or  appointed,  but 
accused  to  be  liable  to  indictment  or  punishment  as  prescribed  by 

law.      (Ala.  VII  173,  175,  176.) 

By  indictment  and  prosecution  for  misdemeanor  or  malfeasance  in 
office  or  wilful  neglect  in  discharge  of  official  duties,  as  prescribed 
by  law;    conviction   works   forfeiture;    right  of   appeal   to  highest 

court.      (Ky.  227.) 

District  court  of  domicile  of  officer  (in  parish  of  Orleans,  civil  dis- 
trict court)  may  remove  for  following  causes:  high  crimes  and 
misdemeanors,  non-feasance  or  malfeasance  in  office,  incompetency, 
corruption,  favoritism,  extortion  or  oppression  in  office,  or  gross 
misconduct  or   habitual   drunkenness.     District   attorney  may   in- 


Index  Digest  167 


CORONERS    {Cont'd) 
Removal    (Cont'd) 

stitute  suit  and  shall  institute  Buch  suit  on  written  request  25 
resident  citizens  and  taxpayers  who  may  enforce  request  by  man- 
damus; all  parties,  including  petitioning  taxpayers,  authorized  to 
appeal;  if  officer  acquitted  petitioning  citizens  liable  to  cost;  de- 
tailed provisions  for  preference  on  appeal;  pending  suit  not  to 
operate  as  suspension  of  accused  officer.  (La.  217,  222.) 
May  be  removed  for  malfeasance  in  office.  (Mo.  IX  10.) 
For   malfeasance   or   neglect   of   duty   in    manner   prescribed   by   law. 

(Tenn.  VII  1:) 
Governor  may  remove  on  giving  copy  of  charges  and  opportunity  to 

be  heard.      (Wis.  VI  4.) 

Residence 

Residence  to  be  in  county.      (S.C.  V  30.) 

Rotation  in  Office 

"  Eligible  only  four  years  in  any  one  period  ".     A  person  elected  or 
appointed  to  till   vacancy  not  eligible  for  succeeding  term.      (Mo. 

IX  10,  11.) 
Three  years  to  elapse  between  terms.      (N.J.  VII  Sec.  II  7.) 
Xot  to   be  eligible   for   more  than   four  years   in   succession.      (S.D. 

IX  5.) 

Term 

Two  years.      (Ark.  VII  46;   Del.  Ill  22;   Ida.  XVIII  6;   Ind.  VI  2; 

Ore.  VI  6;  S.D.  IX  5;  Tenn.  VII  1;   Wis.  VI  4.) 
To  commence   on   first   Monday   of   December   after  election,   and   to 

continue  for  four  years  and  until  successor  qualifies.      (111.  X  8.) 
To   commence  January   1st  next   after   election   and  to  continue   for 

four  years,  and  until  successor  qualities.      (Ky.  99.) 
Four  years.      (Parish  of  Orleans.)      (La.  119,  310.) 
Term  four  years  and  unless  removed  until  successors  duly  qualified 

to  enter  on  discharge  of  their  duties.      (Miss.  V  135,  136.) 
Four  years  and  until  successor  qualifies.      (Mo.  IX   10;   S.C.  V  30.) 
Two  years   and   until   successor  qualifies.      (Mont.   XVI   5;   N.C.   IV 

24,  25.) 
Three  years.      (X.J.  VII  Sec.  II  7.) 

Vacancies 

To  be  filled  by  special  election  but  in  case  of  vacancy  occurring  six 
months  before  next  general  election  governor  to   fill   by  appoint- 
ment.     (Ark.   VII   50.) 
Conviction  for  misfeasance  or  malfeasance  in  office  or  wilful  neglect 
of  duties  in  manner  prescribed  by  law  renders  office  vacant.      (  Ky. 

227.)' 
Vacancy   to   be    filled   for    balance    of    term   by    county   court.      (Mo. 

IX    11.) 
Failure  to  qualify  renders  office  vacant.      (X.C.  IV  25.) 
County  commissioners  to  fill  for  unexpired  iterm.      (X.C.  IV  24.) 
Filled  by  appointment  and  appointee  to  hold  for  unexpired   portion 
of  term  and  until  successor  qualifies.      (Wis.  VI  4.) 


168  State  Constitutions 

CORPORAL  PUNISHMENT,  See  Crimes  —  Punishment. 
CORPORATION  COURTS,  See  Courts  —  Municipal  Courts. 

CORPORATIONS 

For  a  particular  class  of  corporations,  Sec  the  specific  title. 
Acceptance  of  State  Constitution 

See  also  below,  this  title,  Regulation. 

Acting  under  a  general  or  special  law  for  its  benefit  a  conclusive 
presumption  of  accepting  provisions  of  constitution  and  of  holding 
thereafter  thereunder.      (Miss.  VII  179;  S.C.  IX  17.) 

Acceptance  of  amendment  to  charter  or  of  special  law  operates  as  a 
novation    and    brings    corporation    under    constitution.       (Ga.    IV 

Sec.  II   3.) 

Amendment  of  its  charter  by  existing  corporation  ipso  facto  makes 
it  subject  to  constitution.      (La.  262.) 

Conclusively  presumed  from  accepting  or  effecting  amendment  or  ex- 
tension of  charter.      (Va.  XII    158.) 

Existing  charters  under  which  bona  fide  organization  has  not  taken 
place  at  time  of  adoption  of  constitution  shall  be  subject  to  cor- 
poration article  of  constitution.      (Miss.  VII   180.) 

Filing  of  acceptance  in  accordance  with  state  laws  a  condition  prece- 
dent to  doing  business  in  state  for  corporations  organized  under 
the  territory  or  for  foreign  corporations.      (Wyo.  X  Corporations 

&.) 

Filing  of  acceptance,  under  corporate  seal  and  attested,  a  condition 
precedent  to  amendment  or  renewal  of  charter  of  existing  corpora- 
tions.     (Del.  IX  2.) 

Filing  of  acceptance  with  corporation  commission  prerequisite  to 
benefit  of  existing  corporation  by  any  future  legislation  or  to  the 
amendment  or  extension  of  its  charter.      (X.M.  XI   12.) 

Filing  of  acceptance  with  secretary  of  state  prerequisite  to  benefit  of 
existing  corporation  by  any  future   legislation.      (Ky.    190;    Utah 

XII  2.) 

Legislature  not  to  alter  or  amend  charter  or  pass  general  or  special 
law  for  benefit  of  existing  corporation,  except  upon  condition  that 
it  hold  charter  thereafter  subject  to  constitution.      (Md.  Ill   48.) 

Legislature  not  to  remit  forfeiture  by  special  law  unless  corporation 
agrees  to  hold  subject  to  constitution  and  laws  passed  thereunder. 

(Va.  IV  63.) 

Legislature  not  to  remit  forfeiture  of  charter,  or  alter,  or  amend 
same,  or  pass  general  or  special  law  for  benefit  of  corporation, 
other  than  in  execution  of  trust  created  by  law  or  by  contract, 
except  upon   condition   that   it  thereafter  hold   charter   subject  to 

constitution.      (Ala.  XII  231.) 

Legislature  not  to  remit  forfeiture  of  charter,  or  alter  or  amend 
same,  or  pass  general  or  special  law  for  benefit  of  existing  corpora- 
tion, except  under  condition  that  it  thereafter  hold  charter  subject 
to  constitution.  (Ark.  XVII  8;  Ga.  IV  Sec.  II  3;  Miss.  VII  179; 
X.D.  VII  133;  Pa.  XVI  2;  S.C.  IX  17;  S.D.  XVII  3.) 


ixni-.x  Digest  t'69 


:ORPORATIONS   [Cont'd) 

ACCEPTANCE  OF  Si  All;  CONSTITUTION    (Cont'd) 

Legislature  not   to   remit  forfeiture   of   charter,   or   renew,   alter   or 

amend  same,  or  pass  general  ur  special  law  for  benefit  of  existing 

corporation  except  upon  condition   that   it  thereafter  hold  charter 

subject  to  constitution.      (La.   2i>2.  ' 

Agents  to  Accept  Process,  See  below,  this  title,  Service  of  Pbocess  on. 

Alien  Corporations 

See  also  below,  this  title,  Foreign  Corporations. 
See  also  Aliens. 

If  majority  of  stock  owned  by  aliens,  corporation  deemed  alien  and 
may  not  own  lands  except  under  mortgage,  where  acquired  in  good 
faith  for  debts,  certain  mining  lands  and  lands  to  develop  certain 
mining  products.  (Wash.  II  33.) 
Legislature  shall  enact  laws  limiting  number  of  acres  of  land  which 
corporation  controlled  by  aliens  may  own  in  the  state.      (S.C.  Ill 

35.) 
Armed  Men,  See  Police. 

Articles  of  Incorporation,  See  below,  this  tiile,  Charters. 
Banks,  See  Banks. 
Black  Lists,  See  Labor. 
Bonding  Companies,  See  Surety  Companies. 
Bonds 

See  also  below,  this  title,  Indebtedness. 
Definition 

Term  "  bond  ",  shall  mean  all  certificates  or  written  evidences  of 
indebtedness  issued  by  a  corporation  and  secured  by  mortgage 
or  trust  deed.     (Okla.  IX  34;  Va.  XII  153.) 
Increase  of  Bonded  Indebtedness 

Required  to  be  under  general  law,  with  consent  of  majority  of 
stock,  first  obtained  at  meeting  held  after  60  days'  notice,  as 
provided  by  law.  (Ark.  XII  8;  Cal.  XII  11;  Mo.  XII  8.) 
Required  to  be  under  general  law.  with  consent  of  majority  of 
stock,  first  obtained  at  meeting  held  after  30  days'  notice,  as 
provided  by  law.  (Ala.  XII  234;  Okla.  IX  39.) 
Investment  of  Trust  Funds 

Legislature  not  to  authorize  investment  of  trust  funds  by  execu- 
tors, administrators,  guardians  or  trustees,  in  private  bonds; 
( Colo.  V  36 ;  Mont.  V  37 ;  YVyo.  Ill  38. ) 
Legislature  not  to  authorize  investment  of  trust  funds  by  execu- 
tors, administrators,  guardians  or  trustees,  in  private  bonds; 
anv  such  act  avoided,  saving  previous  investments.      (Ala.   IV 

74;   Pa.  Ill  22.) 
Issue 

Legislature  to  control  all  issues  of  bonds  by  general  laws.      (Va. 

XII  167.) 
Only   for   labor   done,   or   money   or   property   actually   received. 

(Ark.  XII  S;  La.  266.) 
Only  for  labor  done,  or  money  or  property  actually  received  or 

subscribed.      (S.C.  IX  10.) 


170  State  Constitutions 

CORPORATIONS   (Cont'd) 
Bonds    (Cont'd) 
Issue   (Cont'd) 

Only   for   labor  done,   services   performed,   or  money   or  property 

actually  received.      (Colo.  XV  9;  Ida.  XI  9;  Mont.  XV  10.) 
Only  for  money,  labor  done  or  property  actually  received.      (Ala. 

XII  234.) 
Only  for  money,  labor  done,  or  money  or  property  actually  re- 
ceived.     (X.D.  VII  138;   Pa.  XVI  7;   S.D.  XVII  8.) 
Only   for  money   paid,   labor  done  or  property  actually  received 
and  applied  to  corporate  purposes  and  not  valued  more  highly 
than  real  market  price.      ( Ky.   193.) 
Only  for  money  paid,  labor  done  or  property  actually  received. 

(Cal.  XII  11;  Mo.  XII  8;  Tex.  XII  6.) 
Only  for  money  or  property  received  or  labor  done.      (Ariz.  XIV 

«;  Utah  XII  5;  Wash.  XII  6.) 

Plan  of  issue,  under  oath,  must   first  be  filed  with  corporation 

commission;    if    issue    for    services    or    property,    nature    and 

valuation   of   same  to  be   stated;   other   requirements  may  be 

made  by  law;   penalties  to  be  provided.      (Va.  XII   167.) 

Subject  at  all  times  to  "  full  visitorial  and  inquisitorial  powers  " 

of  state.      (Okla.  II  28.) 
Books 

To  be  kept  at  office  in  state  for  "  public  inspection ",  containing 
amount  subscribed,  names  and  amounts  of  owners,  transfers,  with 
dates,  amount  of  assets  and  liabilities,  and  names  and  residences  of 

officers.  (Mo.  XII  15.) 
To  be  kept  at  office  in  state  for  inspection  "  by  every  person  having 
an  interest  therein "  and  by  legislative  committees,  containing 
names  and  amounts  of  subscribers  and  stockholders,  amount  of 
stock  paid  in  and  by  whom;  transfers,  amount  of  assets  and  lia- 
bilities'and  names  and  residences  of  officers;  religious,  educational 
and  benevolent  corporations  excepted.  (Cal.  XII  14.) 
Bridge  Companies,  See  Bridges. 

Building  and  Loan  Associations,  See  Building  and  Loan  Associations. 
Canal  Companies,  See  Canals. 
Capitalization,  See  below,  this  title,  Stock. 
Car  Companies,  See  Car  Companies. 
Charitable,  See  Charities. 
Charters 

Definition 

Means  charter  of  incorporation  by  or  under  which  any  corpora- 
tion is  formed.      (Okla.  IX  1;  Va.  XII  153.) 
Issue 

Authority   to   create   corporations   or    amend   or   extend   charters 

not  to  be  vested  in  tribunal  or  officer  except  to  ascertain  whether 

requirements  have  been   met.      ( Va.  XIII    154.) 

Grant  of  franchise  or  license  to  a  corporation  to  last  longer  than 

one  year  not  permitted  as  an  "  emergency  "   measure.      (Okla. 

V  58.) 


lxi)i:x  Digest  .  17 1 


CORPORATIONS   (Cont'd) 
Charters  (Cont'd) 
Issue   (Cont'd) 

Legislature  has  no  power  to  grant  corporate  powers  and  privileges 
to  private  companies  but  shall  prescribe  manner  in  which  such 
powers  shall  be  exercised  by  courts;  judges  of  superior  court; 
may  be  given  this  authority  in  vacation;  but  corporate  powers 
and  privileges  to  banking,  insurance,  railroad,  canal,  naviga- 
tion, express  and  telegraph  companies  issued  and  granted  by 
secretary  of  state  or,  where  he  is  disqualified,  by  other  person 
named  by  general  law.      (Ga.  Ill  Sec.  VII   IS.) 

Permitted  to  be  issued  by  courts  until  April  1,  1903,  as  provided 
by  existing  laws,  unless  creation  of  corporations  sooner  pro- 
vided for  by  law.      (Va.  Sched.   13.) 

Solely  by  corporation  commission.      (Ariz.  XV  5.) 

Through  corporation  commission.      (X.M.  XI  6;  Va.  XII  156  a.) 

Filing  of  Articles  of  Incorporation 

Charters  to  be  filed  in  chancery  clerk's  office  of  county  where 
principal   office   or   place   of   business   is   located.      (Miss.   VII 

189.) 
Certificates  of  extension  to  be  filed  in  same  manner  as  original 

articles.      (Cal.  XII  7.) 
With  corporation  commission  one  prerequisite  to  doing  business. 

(Ariz.  XIV  8.) 
With  secretary  of  state  one  prerequisite  to  doing  business.    (Utah 

XII  9.) 
Of  foreign  corporations,  See  below,  this  title,  Foreiox  Corpora- 
tions. 

Conditions 

Acting  under  a  general  or  special  law  a  conclusive  presumption 

of  surrender  of  exemption  from  taxation.      (Md.  Ill  48.) 
Surrender   of   any   exemption   from   taxation   or   from    repeal    or 
modification  of  charter  made  conditions  of  any  law  for  benefit 

or  relief.      (Md.  Ill  48.) 
Surrender   of   any   tax   exemption    or   non-repealable   feature   of 
charter  and  of  rights  and  privileges  not  conferred  on   similar 
corporations  conclusively  presumed  from  accepting  or  eliciting 
amendment  or  extension  of  charter.      (Va.  XII   158.) 
Acceptance  of   state  constitution,  See  above,   this   title,   Accept- 
ance of  State  Constitution. 
Amendment,   See    below,    this   subdivision,    FORFEITURE,    Revoca- 
tion oh  Amendment. 

Scope  of  Laws 

Xo  law  hereafter  enacted  to  create,  renew  or  extend  charter  of 
mure  than  one  corporation.      (Pa.  XVI    10;    S.l).  XVII   9.) 

Objects 

Only  one  general  line  of  business  permitted,  which  is  to  be 
stated  in  charter.      (Wyo.  X   Corporations  G.) 


J72  State  Constitution 

• 

CORPORATIONS   (Cont'd) 
Charters  (Cont'd) 
Fees 

See  also  below,  this  title,  Fees. 

Corporations  at  or  before  filing  articles  of  incorporation  must 
pay  $50  for  first  $50,000  or  less  of  capital  stock  and  $5  for 
every  additional  $10,000;  increase,  $5  for  every  $10,000;  fur- 
ther taxes  not  forbidden;  benevolent,  religious,  educational  and 
scientific  corporations  excepted.  (Mo.  X  21.) 
Extended  corporations  to  pay  fees  for  extension  as  on  incorjjora- 

tion  and  all  annual  and  other  fees.     (Cal.  XII  7.) 
Legislature  to  provide  for  fee  on  grant,  amendment  or  extension 

of  charter.      (Ariz.  XIV  17.) 
Provision  to  be  made  by  general  law  for  fee  on  grant,  amendment 
or  extension  of  charter.      (Va.  XII   157.) 
Prohibition  of  Special  Laws 

Charters  not  to  be  amended,  renewed,  extended  or  explained  by 

special   or   local   laws.       (La.   4S;    Minn.   IV   33;    Mo.   IV   53.) 

Charters  not  to  be  amended,  renewed  or  extended  by  special  acts. 

(Pa.  Ill  7;  Va.  IV  63.) 
Charters  not  to  be  amended,  renewed  or  revived  by  special  acts. 

(Del.  IX  1.) 
Charters  not  to  be  granted,  amended  or  extended  by  special  acts. 

(Va.  XII  154.) 
Charter  not  to  be  granted  by  special  act.      (Ala.  IV  103.) 
Charters  not  to  be  granted,  changed  or  amended  by  special  acts. 

(X.D.  VII  131.) 

Charters  not  to   be  granted,  extended,   changed  or   amended   by 

special  acts.      (Ida.  Ill   19,  XI  2;   Mont.  XV  2;    S.C.  IX  2; 

S.D.  XVII  1.) 
Charters  not  to  be  granted  or  amended  by  special  acts.      (Ky. 

59.*) 
Charter  not  to  be  extended,  changed  or  amended  by  special  acts. 

(Mo.  XII  2.) 
Constitutional  provision  against  local  or  special  acts  not  to  be 
construed  as  forbidding  general  laws.      (Minn.  IV  33.) 
Duration,  See  below,  this  title,  Duration. 
Surrender 

Provision  to  be  made  by  general  laws-  for  voluntary  surrender 

of  charters.     (Va.  XII  154.) 
Unused  Charters 

Charters  granted  after  this  constitution,  under  which  no  organi- 
zation lias  taken  place  and  business  commenced  within  two 
years  of  grant,  have  no  validity.  (Miss.  VII  180.) 
Existing  charters  or  grants  of  special  or  exclusive  privileges 
under  which  no  bona  fide  organization  and  commencement  of 
business  at  time  of  adoption  of  constitution  have  no  validity. 
(Ark.  XII  1;  Cal.  XII  6;  Colo.  XV  1 ;  Ida.  XT  1 ;  Ky.  191 ;  Mo. 
XII  1;  Mont.  XV  1;  X.D.  VII  132;  Pa.  XVI  1;  S.D.  XVII  2; 
I  tab  XII  2;   Wash.  XII  2.) 


I  M)i:.\    I  )m;i,st  1  7-°> 


CORPORATIONS   (Cont'd) 
Charters  {Cont'd) 

Unused  Charters  {Cont'd) 

Existing  charters  under  which  hmm  fide  organization  has  ao1 
taken  place  and  business  commenced  in  good  faith  one  year 
after  this  constitution  have  no  validity.  (Miss.  VII  180.) 
Existing  charters  under  which  bona  fide  organization  lias  not 
taken  place  and  business  commenced  in  good  faith  within  six 
months  after  this  constitution  have  no  validity.  (Ariz.  XIV  3.) 
Existing  charters  under  which  bona  fide  organization  has  not 
taken  place  and  business  commenced  in  good  faith  within 
12    months    after    this    constitution    have    no    validity.       (Ala. 

XII  230.) 
Existing  charters,  franchises,  special  or  unusual  privileges  under 
which  bona  fide  organization  has  not   taken  place  and   same 
been    bona    fide    maintained    until    this    constitution    have    no 
validity.      (Wyo.  X  Corporations  3.) 
Existing   charters  under   which   bona,  fide  organization   has  not 
taken  place  at  time  of  adoption  of  constitution  shall  be  sub- 
ject to  corporation  article  of  constitution.      (Miss.  VII   ISO.) 
Same;  adds  "  or  grants  of  corporate  franchise  '*  after  "  charters  ". 

(S.C.  IX  10.) 

Existing  charters  under  which  organization  has  not  taken  place 

or  which  shall  not  have  been  in  operation  within   two  years 

after   this   constitution   have   no   validity   or   effect;    proviso. 

(W.Va.  XI  3.) 

Existing  charters  under  which  organization  has  not  taken  place 

or    which   were   not    in    operation    within    60    days    after    this 

constitution  have  no  validity  or  effect.     (Nebr.  Xlb  6.) 

Existing  charters  under  which  organization  has  not  taken  place 

or   which   were   not   in    operation   within    Hi    days    after    this 

constitution  have  no  validity  or  effect.      (111.  XI  2.) 

Legislature  by  general  law  to  provide  for  forfeiture  of  charters 

for  non-user.      (Va.   XII  154.) 
Forfeiture,  Revocation  or  Amendment 
Right   of  State 

See  also  below,  this  title,  Regulation  —  Repeal  or  Amend 

mknt  of  Caws. 

All    charters    and    amendments    of    charters,    existing    and 

revocable  or  hereafter  granted,  may  be  repealed  by  special 

act,      (Va.   XII    154.) 
All     charters,     including     charters     prior     to     constitution. 
granted  subject  to  repeal  or  modification,  may  be  altered 
or  repealed;   banks  excepted.      (Md.  Ill  48.) 
All  rights,  privileges  or  franchises  conferred  under  laws  foi 
formation   of,   or   conferring   rights,   privileges   and    fran- 
chises upon,  corporations,  may  he  repealed.     (Mich.  Xll  1.) 
All    charters    subject    to    amendment,    alteration    or    repeal 

under  general  laws.      (Ala.  XII  229.) 
All   charters   subject  to   right   of   state   to   alter,   amend   o» 
repeal.      (La.   202;    S.C.   IX  2.) 


174  State  Constitutions 


CORPORATIONS   (Cont'd) 
Charters  (Cont'd) 

Forfeiture,  Revocation  or  Amendment   (Cont'd) 
Right  of  State   (Cont'd) 

Legislature  has  power  to  alter,  amend  or  revoke  charters  now 
revocable  or  hereafter  created,  if  injurious  to  citizens, 
provided  no  injustice  done  stockholders.  (Ala.  XII  238.) 
Legislature  has  power  to  alter,  amend  or  repeal  charters, 
provided  no  injustice  done  stockholders.  (Miss.  VII  178.) 
Legislature  has  power  to  alter,  revoke  or  annul  existing 
revocable  charters,  provided  no  injustice  done  corporators. 

(Ida.  XI  3.) 
Legislature  may   alter,   revoke   or  annul   charters   injurious 

to   citizens   of   state.      (Mont.   XV    3.) 
Legislature  may  amend,  renew  or  revive  charters  only  under 
general  laws  passed  by  a  vote  of  two-thirds  of  each  house. 

(Del.   IX   1.) 

Legislature    to    provide    by    general    laws    for    changing    or 

amending   charters,   which  laws   are   subject  to  repeal   or 

alteration.      (S.C.  IX  2.) 

No  grant  of  special  privilege  or  immunities  to  be  revoked 

except  as  not  to  work  injustice  to  corporators  or  creditors. 

(Ga.  I  Sec.  Ill  3.) 
Amending  existing  cbartcr  to  give  special  or  exclusive  privi- 
lege by  local  or  special  law,  forbidden.      (Wyo.   Ill  27.) 
Extension  and  amendment  of  charters  to  be  provided  for  by 

general   laws.      (Va.    XII    154.) 
Legislature    by    general    law    to    provide    for    forfeiture    for 

non-user  or  misuser  of  charter.      (Va.  XII   154.) 
Legislature  has  power  to  alter,  revoke  or  annul  charter  now 
revocable    or    hereafter    created,    if    injurious    to    citizens, 
in  such  manner  "  that  mi  injustice  be  done  to  corporators  ". 
(Ark.   XII    6;    Colo.   XV   3;    Okla.    IX   47;    Pa.    XVI    10; 

S.D.  XVII  9.) 
Legislature  to  provide  by  general  law  for  revocation  or  for- 
feiture for  abuse,  misuse  or  non-use  of  corporate  powers, 
privileges  or  franchises.      (Del.  IX   1.) 
Legislature    to    provide   by   general    laws    for    revocation    or 
forfeiture  of  charters  for  abuse  or  misuse  or  when  corpora- 
tion detrimental  to  state  or  its  citizens.      (Ky.  205.) 
Causes  for  Forfeiture 

Attorney -general,   for   sufficient   cause,   to   seek   judicial   for- 
feiture of  charters.      (Tex.  IV  22.) 
Failure  to  pay  registration  fee  for  two  successive  years  or 
lo    make    annual    report    within    90    days    after    such   two 
years  works  revocation  of  charter.     (Va.  XII  157.) 
Formation  of  monopoly  or  trust  makes  corporation  liable  to 

forfeiture  of  charter.      (La.  190.) 
Formation   of  monopoly  or  trust  to  be  prevented  by  legis- 
lative enactment  to  the  extent  of  forfeiture  of  property 
and  franchise.      (Ida.  XI  18;  Mont.  XV  20.) 


Indkx   Digest  175 


ORPORATIONS    iConfc!) 
Charters  [Cont'd) 

Forfeiture,  Revocation  or  Amendment   (Cont'd) 
Causes  for  Forfeiture   (Cont'd) 

Issue  of  fictitious  stock   forfeits  charter.      (La.   266.) 
Legislature  may  declare   forfeiture  of   franchise  for   forma- 
tion  of  monopoly  or  trust.      (Ariz.   XIV    15.) 
Legislature  to  provide  by  general  law  for  forfeiture  for  non- 
user  or  misuser  of  charter.      (Va.  XII   154.) 

Remission   of  Forfeiture 

Legislature  not  to  remit  forfeiture  of  franchise  or  charter. 

(Utah  XII  .3;  Wash.  XII  3.) 
Legislature  not  to  remit  forfeiture  of  franchise  or  charter 

of  "  quasi-public  corporation".    (CaJL  XII   7.) 
Legislature  not  to  remit  forfeiture  or  alter  or   amend  for- 
feited charter  or  pass  any  law  for  benefit  of  corporation 

concerned.      (Mo.  XII  3.) 
Acceptance  of  state  constitution  as  a  condition,  See  above, 
this  title,  Acceptance  of  State  Constitution. 

Effect  of  New  Constitution 

Constitution  does  not  affect  royal  charters  granted  before  Octo- 
ber   14,    1775.   or   charters  granted   by   state   since   that  date. 

(X.Y.   I   17.) 
Eights,   privileges,   immunities   and   estates,   except   as   provided 
in  constitution,  not  altered  by  same.      (Del.  IX  4.) 

Classification 

Corporations  may  be  classified.      (Ohio  XIII  2.) 
Combinations  or  Pools,  See  Monopolies  and  Trusts. 
Common  Carriers,  See  Common  Carriers. 
Consolidation 

Domestic  corporation  not  to  become  foreign  corporation  by  consolida- 
tion with  foreign  corporation  but  courts  to  retain  jurisdiction 
over  corporate  property  within  state  limits  as  if  no  consolidation 
had    taken    place.      (Colo.   XV    14;    Ida.    XI    14;    Ky.    200;    Mont. 

XV  15.) 
Holding  companies,  control  of  stock,  etc.,  to  accomplish  things  for- 
bidden by  constitution,  forbidden.      (S.C.  IX  19.) 

Control,  See  below,  this  title,  Regulation. 
Coolie  Labor,  See  Labor. 

Co-operative,  See  below,  this  title,  Mutual  and  Co-operative  Corpora- 
tions. 
Corporation  Commissions,  See  Public  .Service  Commissions. 
Corporators,  Sec  below,  thus  title,  Stockholders. 
Creation 

See  also  above,   this  title,  Charters. 

Acceptance  of  State  Constitution,  See  above,  this  title,  Acceptance 

of  State  Constitution. 

Extension  or  Renewal,  See  beloiv,  this  title,  Duration. 


17<'»  State  Constitutions 


CORPORATIONS   (Cont'd) 
Creation   [Cont'd) 

General  Laws,  Requirement  of 

For  exceptions,  See  below,  this  subdivision,  SPECIAL  Laws  Pro- 

HIBITED. 

Corporations  shall  be  fqrmed  under  general  laws.  (Ariz.  XIV 
2;  Ark.  XII  6;  Cal.  XII  1 ;  Del.  IX  1;  Ind.  XI  13;  Kan. 
XII  1;  Me.  IV  Pt.  Ill  14;  Md.  Ill  48;  Mich.  XII  1;  Miss.  VII 
17S;  Xev.  VIII  1;  X.Y.  VIII  1;  N.C.  VIII  1;  Ohio  XIII  2; 
Ore.  XI  2;  Tex.  XII  1;   Utah  XII  1;  Wash.  XII  1.) 

Corporations  without  banking  powers  or  privileges  may  be 
formed  under  general  laws.      (Wis.  XI  1.) 

Legislature  may  provide  for  creation  and  control  of  corporations 
by  general  laws.      (R.I.  Amend.   IX.) 

Legislature,  .shall  pass  general  laws  for  incorporating  "useful 
companies  or  associations".    (I-Ta.  HI  35.) 

Legislature  to  pass  general  laws  for  organization  of  corporations 
and  attainment  of  corporate  powers.      (Ala.  XII  229;  N.J.  IV 

Sec.  VII    11;   N.D.  VII   131.) 

Legislature  to  provide  for  organization  of  all  corporations  by 
general  laws.  "  except  as  hereinafter  provided  ''.   (Iowa  VIII  1.) 

Legislature  to  provide  for  organization  of  corporations  by  gen- 
eral  laws   '"  uniform   as   to   the  class   to   which   they   relate  ". 

(W.Va.  XI  1.) 

Legislature  to  provide  general  laws  for  organization  of  corpora- 
tions. (Coloi  XV  2;  Ida.  XI  2;  lit  XT  1;  Miss.  IV  S7 ; 
Nebr.  Xlb  1;  X.M.  XI  13:  S.C.  IX  2;  S.I).  XVII  1;  Tenn. 
XI  8;  Vt.  II  65;  Va.  XIT  154;  Wyo.  X  Corporations  1.) 

Passage  of  general  incorporation  law  requires  two-thirds  vote  of 

each  house.     (Del.  IX  1.) 

Private  corporation  not  to  be  created  and  foreign  corporation 
not   to'be  licensed  except  by  general  law.      (Okla.  IX  38.) 

Prohibition    of   special    acts  not    to   be   considered    as   forbidding 

general  laws.     (Minn.  IV  33.) 

Provision    for   creating   private    corporations    to   be   made   under 
general   laws  providing  for  adequate  protection  of  public  and 
individual    stockholders.      (La.   275;    Tex.   XII   2.) 
Lack  of  Legal  Organization 

NO  persons  acting  as  corporation  under  laws  of  state  permitted 
to  set  up  or  rely  upon  want  of  legal  organization  as  defense  to 
action  brought  against  them  as  corporation,  and  no  person 
sued  on  contract  made  with  such  corporation  or  sued  for 
injury  done  to  its  property  or  wrong  done  to  its  interests  per- 
mitted   to    rely   upon    such   want    of   legal   organisation    in   his 

dl  fenae;      (Ariz.  XIV  13.) 
Legislature,   Prohibition   on 

Legislature  has  no  power  to  grant   corporate  powers  and  privi- 
leges   to    private    companies    but    shall    prescribe    manner    in 
which  such  powers  shall  be  exercised  by  the  courts;  judges  of 
t  superior  courts  may  be  given  this  authority  in  vacation;  but 


[nixex    Digest  177 


CORPORATIONS    {Cont'd) 
Cbeatioh    (Cont'd) 

Legislature,  Prohibition  on  [Gonttd) 

corporate  powers  and  privileges  to  banking,  insurance,  rail- 
road; canal.  na\  igat  ion,  express  and  telegraph  companies  issued 
and  granted  by  secretarj  of  state  or,  where  he  is  disqualified, 
by  person  named  by  general  law.  (<3a.  Ill  Sec.  VII  18.) 
Repeal  or  Amendment  of  Laws,  See  below,  this  title,  Regttlation. 
Special  Laws,  Manner  of  Enactment 

Alter  a  bill  is  introduced,  it   must   be  continued  until  after  next 
election  of  members  of  legislature  and  public  notice  of  pend 
ency.  as  prescribed  by  law.  give'n;   corporations  fur  religious, 
literary  or  charitable  purposes  or  military  or  fire  companies 

excepted.     (R.I.  IV  17.) 
Special  Laws,  Requirement 

Corporation  to  exercise,  eminent  domain  or  to  acquire  franchises 
in   streets  and  highways  of  towns  and   cities  must    lie  created 
by   special   act   upon    petition   for   same   and    after    prescribed 
notice  of  pendency.      (R.I.  Amend.  IX.) 
Special  Laws  Prohibited 
In  General 

Corporate  powers  not  to  lie  conferred  by  special  acts.     (Ala. 
XII  229:    Ark.  XII  2:   Kan.   XII   1;   X.J.  IV  Sec.  VII    11; 

Ohio  XIII   1.) 
Corporate  powers  or  privileges  not  to  lie  granted  by  special 

acts.      (Wash.  II  28:  Wis.  IV  31.) 
Corporate  rights,  powers  and  privileges  not  to  lie  given  by 

special   act.      (Va.   XII    1.540 
Corporations  not  to  be  created  by  or  have  rights,  privileges 

or  franchises  conferred  by  special  act.      (Mich.  XII  1.) 
Corporations  not  to  be  created   by   special    laws  "except   as 

hereinafter  provided".      (Iowa   VIII   1.) 
Corporations  not  to  be  created  by  special  acts.      (Ariz.  XIV 
2;   Cal.  XII  1:   Colo.  XV  2:  Del.   IX   1-.   Fla,   III  25;   Ida. 

III  10;  111.  XI  1:   Ind.  XT  13:  La.  4S;    Md.  Ill  4S  ;    Minn. 

IV  33.  X  2;  Mo.  IV  53,  XII  2;  Xebr.  XTli  1  ;  X.V.  VITT  1  : 
X'.C.  VIII  1:  Ore.  XI  2;  Pa.  Ill  7;  Tenn.  XI  8;  Utah 
XII  1;  Va.  IV  63:  Vt.  II   65;  Wash.  XII    1;   W.Va.  XT  1; 

Wis.  XI  1.) 
Corporations  shall  be  formed  under  general  laws  only.    (  Miss. 

VII    178.) 

Educational,     religious,     charitable,     social,     manufacturing 

and  banking  corporations  not  under  state  control  not  to  be 

created  by  special  laws.      ( S.( '.  Ill   34.) 

If  unauthorized  by  constitution,  special  act   void.      (Md.  Til 

48.) 
Legislature  not  to  renew  or  extend  any  special  act  of  incor- 
poration previously  granted'.     (Midi.  XII  G.) 
.    '  Private  corporation  not  t<>  be  created  and  foreign  corporation 

I  '"'..  not  to  be  licensed  except  by  general  law.      (Okla.  IX  38.) 


178  State  Constitutions 


CORPORATIONS    (Cont'd) 
Creation  (Cont'd) 

Special  Laws  Prohibited  (Cont'd) 
In  General  (Cont'd) 

Private  corporations  not  to  be  created  except  by  general  laws. 

(Tex.  XII  1.) 
Special  act  "  relating  to  corporate  powers  "  forbidden.     (Nev. 

VIII   1.) 
Exceptions 

Corporations,  "  other  than  banking  "  not  to  be  created  by 

special  act.     (Ind.  XI  13.) 
Cities   may   be   granted   corporate   powers   or   privileges   by 

special  acts.     (Wis.  IV  31.) 
Educational  and  charitable  corporations  where  gift,  devise  or 

will  requires  special  incorporation.      (S.C.  Ill   34.) 
Certain  named  canal  corporations.      (W.Va.  XI'  1.) 
Charitable,   educational,   penal   or   reformatory   corporations 
under  state  control.      (Ark.  XII  2;  111.  XI  1;  Nebr.  Xlb  lj 

S.D.  XVII  1.) 
Charitable,   educational,   penal   or   reformatory   corporations 
under  state  control  or  otherwise  provided  for  in  constitu- 
tion but  special  law  may  be  introduced  by  two-thirds  vote 
of  each  house  and  then  passed  like  other  bill.     (S.C.  IX  2.) 
Xo   corporation    to   be   created   by,   but    charitable,   penal    or 
reformatory  corporations  under  patronage  and  control  of 
state    may    have    their    charters    extended,    changed    or 
amended  by  special  laws.      (Mo.  XII  2.) 
Municipal,  charitable,  educational,  penal  or  reformatory  cor- 
porations under  control  of  state.     (Colo.  XV  2;  Ida.  XI  2; 

Mont.  XV  2;  N.D.  VII  131.) 
Municipal,  charitable,  educational,  penal  or  reformatory  cor- 
porations' under  patronage  or  control  of  state.    (Vt.  II  65.) 
.Municipal  corporations,  banks  and  charitable,  penal,  reforma- 
tory and  educational   corporations   sustained  in  whole  or 
in   part  by  state.      (Del.   IX   1.) 
Municipal   corporations   of   not   less   than   2,500   inhabitants 

and  levee  and  parish  corporations.      (La.  48.) 
Municipal  purposes.      (Minn.  X  2;   Nev.  VIII   1.) 
.Municipal  purposes,  "and  in  cases  where  the  objects  of  the 
corporation  cannot  otherwise  be  obtained  ".      ( Me.  IV  Pt. 

Ill  14.) 
Municipal  purposes  and  where  "  in  the  judgment  of  the  legis- 
lature,  1lie  object  of   the  corporation   cannot  be  obtained 
under  general  laws".      (X.V.  VIII   1;    X.C.  XIII    1;   Wis. 

•    XI   1.) 
Municipal  purposes  and  where  no  general  laws  exist  provid- 
ing for  creation  of  corporations  of  general  class  in  ques,- 
tion;   act    in  violation  of  section,  void.      (Md.  Ill  48.) 
University,  public  school  or  ship  canal  across  state.      (Fla. 

Ill  25.) 


I  mux    Dickst  17!) 


CORPORATIONS    {Cont'd) 

<  rMn.ATivF:  Voting,  Sec  below,  this  title,  Directors. 

De  Facto  Cobpobations,  See  above,  this  title,  Cbeation —  Lack  of  Legal 

Organization. 

Debts.  See  below,  this  title,  Indebtedness. 

Definition 

"Company"  used  to  include  associations  and  joint-stock  companies 
having  any  powers  or  privileges  not  possessed  by  individuals  and 
corporations,,  except  municipal  corporations  and  state-controlled 
public   institutions.      (Okla.    IX    IS.) 

"Corporation"  or  "company"  includes  trust,  associations  and  joint- 
stock  companies  having  any  powers  or  privileges  not  possessed  by 
individuals  0r  unlimited  partnerships;  excludes  municipal  corpora- 
tions and  state-owned  or  controlled  public  institutions.      (Ya.  XII 

153.) 

('(institution  does  not  apply  to  religious  corporations  whose  rights 
remain  unaltered  except  as  otherwise  provided.      (Del.  IX  -1.) 

Excludes  all  municipal  corporations  and  state-owned  or  controlled 
public   institutions.      (Okla.    IX    1.) 

Excludes    associations  and  joint-stock  companies  embracing  hanking 

privileges.      (Minn.  X   1.) 

Excludes  municipal  corporations.     (8.C.  IX  1.) 

Excludes  municipalities  or  political  subdivisions  unless  otherwise  ex- 
pressly stated.     (X.D.  VII  144.) 

Includes  all  associations  and  all  joint-stock  companies  having  privi- 
leges not   possessed  by    individuals    or    partnerships.       (Miss.    VII 

199.) 

Includes  all  associations  and  joint-stock  companies  having  any  powers 
or  privileges  not  possessed  by  individuals  and  excludes  municipal 
corporations    and    state-owned    or    controlled    public    institutions. 

(Okla.   IX   1.) 

Includes  all  associations  and  joint-stock  companies  having  any  of  the 
powers  and  privileges  of  corporations  not  possessed  by  individuals 
or  partnerships.  (Ala.  XII  241;  Ariz.  XIV  1;  Cal.  XII  4;  Ida. 
XI  16;  Mich.  XII  2;  Mont.  XV  IS;  X.Y.  VIII  3;  X.C.  VIII  3; 
X'.D.  VII   144;   Pa.  XVI   13;   S.D.  XVII   19;   Utah  XII  4;   Wash. 

XII   5.) 

Includes  all  associations  and  joint-stock  companies  having  any  of 
the  powers  and 'privileges  not  possessed  by  individual  or  partner- 
ships.    (Kan.  XII  6;  La.  268;  Mo.  XII  11.) 

Includes  all  associations  and  joint-stock  companies  having  any  of  the 
powers  and  privileges  not  possessed  by  individuals  or  partnerships 
and  excludes  municipal  corporations.      (S.C.  IX   1.) 

Includes  "  all  associations  and  joint-stock  companies  having  any  of 
the  powers  and  privileges  not  possessed  by  individuals  or  partner- 
ships except  such  as  embrace  banking  privileges".      I  Minn.  X   1.) 

Includes  joint-stock  companies  and  associations.      (Ky.  208.) 


180  State  Constitutions 


CORPORATIONS    (Cont'd ) 
Directors 

See  also  below,  this  title,  Officers. 

Cumulative  voting  for  directors  or  managers  in  person  or  by  proxy 
shall  be  permitted.  (Ariz.  XIV  10;  Ida.  XI  4;  111.  XI  3;  Ky.  207; 
Miss.  VII   194;   Mo.   XII   6;    Mont.   XV   4;   Nebr.   Xlb   5;    W.Va. 

XI  4.) 
Cumulative   voting   for    directors    or    managers    shall    be    permitted. 

(N.D.   VII   135;    Pa,  XVI  4;    S.D.   XVII   5.) 
Cumulative  voting  for  directors,  trustees  or  managers  in  person  or 

by  proxy,   shall  be  permitted.      (S.C.   IX   11.) 
Cumulative    voting    shall    be    permitted;    co-operative    societies    for 
agricultural,  mercantile   and  manufacturing  purposes  may  be  ex- 
cepted.     (Cal.    XII    12.) 
Jointly  and  severally  liable  for  moneys  embezzled  or  misappropriated 
by  officers  during  directors'  term,  except  in  an  exposition  company. 

(Cal.  XII  3.) 
List  of  directors,  showing  stock  holdings,  must  be  filed  in  corporation 

commission's  office,  before  doing  business.    (Okla.  IX  43.) 
No   person  engaged   or   interested   in   or  employee  or   stockholder  of 
competing  business  may  be  a  director  without  consent  of  majority 

stockholders.      (Miss.  VII   194.) 
Dissolution,  See  above,  this  title,  Charters. 
Dues,  See  below,  this  title,  Indebtedness. 
Duration 

Certificate  of  extension,  signed  and  sworn  to  by  president  and  secre- 
tary, and  by  majority  of  directors,  to  be  filed.      (Cal.  XII  7.) 
Charters  and  rights  continued  by  new  constitution.      (Miss.  Sched. 

279.) 
Extension  for  term  not  exceeding  50  years,  prior  to  expiration,  by 
vote  or  written   consent,  of  two-thirds  of  stock  or  members,  per- 
mitted.    (Cal.  XII  7.) 
Legislature  not  to  extend  any  franchise  or  charter.      (Utah  XII  3; 

Wash.  XII  3.) 

No  charter  of  "  private  corporation  for  pecuniary  gain  "  to  be  longer 

'      than   99   years;    taxed   for   any   excess   but   may   surrender    same. 

(Miss.  VII  17S.) 
Until  legislature  enacts  general  incorporation  law,  existing  corpora- 
tions may  be  renewed  for  not  more  than  four  years,  without  change 
or  enlargement  of  powers.      (Del.  Sched.  14.) 
Thirty  years,  except  municipal,  railroad,  insurance,  canal  or  cemetery 
or  non-stock  religious,  benevolent,  social  or  fraternal  corporations; 
renewal  permitted;  but  general  laws  may  provide  for  one  or  more 
renewals,    while    term    is    running,    for    term    not    exceeding    30 
years,  on  consent  of  two-thirds   of  stock,  and  for  reorganization, 
after    term    has    expired,    for    term    not    exceeding    30    years,    on 
consent  of  four-fifths  of  stock.      (Mich.  XII  3.) 
Extension   or   renewal  of   charters,   in  general,   See  above,   this   title, 
Charters  —  Forfeiture,  Revocation  or  Amendment. 


In  hi.-,     |)m;kkt  181 


CORPORATIONS    [Cont'd) 

Educational,  See  Education. 

Electric  Companies,  See  Electric  Companies. 

Eminent  Domain  fob,  See  Eminent  Domain. 

Employees,  See  Labor. 

Exposition  Companies,  See  Exposition  Companies. 

Express  Companies,  See  Express  Companies. 

Fees 

On  charter  of  domestic  corporation.  See  above,  this  title,  Charters. 
Foreign  corporations,  Sec  below,  this  title,  Foreign  Corporations. 
As  to  taxation  of  corporations,  See  Taxation. 

Annual  registration  fee  between  $5  and  $25  to  be  provided  for  by  law 
on  all  corporations;  charitable  institutions  may  be  excepted.      (Va. 

XII  157.) 
Collected  by  state  corporation  commission  and  paid  into  state  treas- 
ury.     (N.M.  XI  G.) 
Extended  corporations  to  pay  all  annual  and  other  fees.    (Cal.  XII  7.) 
Failure  to  pay  registration  fees  for  two  successive  years  works  revoca- 
tion of  charter  of  domestic  or  forfeiture  of  license  of  foreign  cor- 
poration  and   subjects  to   other  penalties  to  be  prescribed.      (Va. 

XII  157.) 

Legislature   may   relieve  charitable,   social,   fraternal,   benevolent  or 

religious   institutions   from   annual   registration   fee.      (Ariz.   XIV 

17.) 
Legislature  to  provide  annual  registration  fee  of  not  less  than  $10 

irrespective  of  other  license  or  tax.      (Ariz.  XIV  17.) 
Provision  to  be  made  by  general  law  for  fees  for  granting,  amending 
or  extending  charters  or  for  license  to  do  business  in  state.      (Va. 

XII  157.) 
Ferry  Companies,  See  Ferries. 

Filing  of  Articles  of  Incorporation,  See  above,  this  title,  Chabters. 
Foreign  Corpobations 

Acceptance  of  State  Constitution 

See  also  above,  this  title,  Acceptance  of  State  Constitution. 

Filing  of  acceptance,  in  accordance  with  state  laws,  a  condition 

precedent  to  doing  business  in  state  for  corporations  organized 

under   the   territory   or    for   foreign    corporations.      (Wyo.    X 

Corporations  5.) 
Agents  to   Accept  Process,  See  beloiv,   this  subdivision,  Sebvice  of 

Pbocess  on. 
Alien  Corporations,  See  above,  this  title,  Alien  Corpobations. 
Attachment 

Property  subject  to  attachment  as  in  case  of  non-residents.   (Va. 

XII  163.) 
Discriminations  Against 

Legislature  may  discriminate  against  foreign  corporations.     (Va. 

XII   1(33.) 
Fees 

See  also  above,  this  title.  Fees. 
Taxation,  See  Taxation. 


L82  STATK     ('OXSTITI  Tl<>.\- 


CORPORATIONS    (Cont'd) 

Foreign  Corporations  {Cont'd) 
Fees  (Cont'd) 

Foreign   corporations  may  be  licensed   and  taxed   by  mode  dif- 
ferent from  that  for  domestic  corporations.      (La.  242.) 
Legislature  to  provide  annual  registration  fee  of  not  less  than 

$10  irrespective  of  other  license  or  tax.     (Ariz.  XIV  17.) 
Legislature  to  provide  for  fee  on  license  to  do  business.       (Ariz. 

XIV  17.) 
Provision  to  be  made  by  general  law  for  fee  on  obtaining  license. 

(Va.  XII  157.) 
Filing  of  Articles  of  Incorporation 

Certified  copy  of  articles  to  be  filed  with  secretary  of  state  as 
a  prerequisite  to  doing  business.     (Ala.  XII  232;  Utah  XII  9.) 

License 

Corporations,  companies  or  associations  organized  or  domiciled 
out  of  state,  but  doing  business  therein,  may  be  licensed  by 
mode  different  from  that  provided  for  home  corporations  or 
companies,  provided  said  different  mode  of  license  shall  be 
uniform,  upon  a  graduated  system  and  equal  and  uniform  as 
to   all   such   corporations,   etc.,   doing   same  kind   of  business. 

(La.   242.) 
Defined  as  authority  under  which  foreign  corporation  does  busi- 
ness in  state.     (Okla.  IX  1.) 
Foreign   corporations   may   be   licensed    and   taxed   by  mode  dif- 
ferent from  that  for  domestic  corporations.      (La.  242.) 
Legislature  not  limited  by  corporation  article  of  constitution  in 
imposing  conditions  on  foreign  corporations.      (Okla.  IX  44.) 
Issued  solely  by  corporation  commission.      (Ariz.  XV  5.) 
Issued  through  corporation  commission.      (X.M.  XI  6;   Va.  XII 

156  a.) 

No    foreign    corporation    to    do   business    until    it    has    obtained 

license   from    corporation    commission.      (Ariz.    XIV    17;    Va. 

XII  157.) 
Ouster  • 

Bribery  at  elections  forfeits  franchise  in  state.      (Ky.  150.) 
Failure  to   pay   registration   fee  for  two   successive   years  or   to 
make  annual   report  within   90  days  after  two  years  revokes 

license.      (  Va.  XII  157.) 
Penalty  of  ouster  for  forming  trust  or  monopoly  to  be  secured 

by  attorney-general  or  district  attorneys.      (La.  1H0.) 
Right  to  do  business  may  be  revoked  for  formation  of  trust  or 
monopoly.      (Ida.  XI  IS;  Mont.  XV  20.) 

Place  of  Business 

Must  have  one  or  more  known  places  of  business  in  state.  (Ala. 
XII  232;  Colo.  XV  10;  Ida.  XI  10;  Mont.  XV  11;  Pa.  XVI  5; 

S.D.  XVII  6.) 
Must  have  one  or  more  places  of  business  in  state.      (N.D.  VII 

136.) 


Txdkx  Digest  183 

CORPORATIONS    {Cont'd) 

Foreign  Corporations  (Cont'd) 
Powers  and  Limitations 

See  also  below,  this  title,  Powers  and  Limitations. 
May  be  authorized  under  limitations  and  restrictions  i<>  do  busi- 
ness in  slate.      (Ark.  XII    11.) 
No  foreign  corporation  to  have  power  of  eminent  domain.     (Ark. 

XII   11.) 
Not  to  be  permitted  to  carry  on  business  forbidden  to  domestic 
corporations   or   be   relieved   of   requirements  made  of   similar 
domestic  corporations.      (Okla,  IX  44.) 
Not  to  be  permitted  to  do  anything  forbidden   to  domestic  cor- 
porations;  interstate  public  service  corporations  and  existing 
foreign  corporations  excepted.      (Va.  XII  163.) 
Not  to  be  relieved  from  compliance  with  any  provision  affecting 
domestic  corporations  which  can  be  made  applicable  without 
discrimination  against  it.      (Va.  XII   163.) 
Not  to  have  greater  rights  or  privileges  than  domestic  corpora- 
tions of  same  or  similar  character.      (Ark.  XII   11;   Ida.  XI 

10;  Mont.  XV  11.) 

Not    to    transact    business    on    more    favorable    conditions    than 

similar  domestic  corporations.      (Ariz.   XIV  5;   Cal.  XII   15; 

Ky.  202;   Okla.  IX  44;   Utah  XII  6;   Wash.  XII  7.) 

Not  to  transact  business  which  it  is  not  allowed  to  transact  in 

jurisdiction  under  which  it  is  formed.      (Ariz.  XIV  5.) 
"  Proper  boards,  commissions  or  officers  "  may  be  given   super- 
visory and  regulatory  powers  over  business  and  sale  of  stocks 
and  securities,  as  prescribed  by  law.      (Ohio  XIII   2.) 
Subject  to  same  regulations  and  limitations  as  to  contracts  or 
business   as  domestic   corporations.      (Ark.   XII   11.) 
Service  of  Process  on 

Not  to  be  licensed  until  an  agent  residing  in  state  designated,  on 
whom  or  on  other  agents,  as  provided  by  law.  process  may  be 

served.      (Okla,  TX  43.) 

Not   to   do   business    by    branches,    agents    or    representatives    in 

state  without  authorized  agent  on  whom  process  may  be  served. 

(Del.  IX  5.) 
Not  to  do  business  in  state  without  authorized  agent  or  agents 
in  at  least  one  known  place  of  business;  service  may  be  made 
on  an  agent  anywhere  in  state.  (Ala.  XII  232.) 
Not  to  do  business  in  state  without  authorized  agent  or  agents 
in  required  known  places  of  business  on  whom  process  may  be 
served.      (Ark.  XII  11;   Colo.  XV  10;   Ida.  XI   10;   .Mont.   XV 

11;  Pa.  XVI  5:j  S.I).  XVII  6.) 
Not  to  do  business  in  state  without  authorized   agent  or  agents 
in  required  place  of  business.      (N.D.  VII   136.) 
Suits  Against 

See  also  below,  this  title,  Suits. 

May  be  brought  in  county  where  agent  found,  of  plaintiff's  resi- 
dence or  where  cause  of  action  arose.      (Okla.  IX  43.) 


184  State  CowrnTiu.x.- 


CORPORATIONS    [Cont'd] 

Foreign  Corporations  (Cont'd) 
Suits  Against    [Cont'd] 

May  he  brougMt  in  county  where  agent  found  or  in  county  where 

cause  of  action  arose.      (Ariz.  XIV  S.) 
May   be   brought   in   any  county  where  it  docs   business.      (Ala. 

XII  232.) 
Taxation,  Bee  Taxation. 
Forest  Preserves 

Not  to  be  taken   "by   any  corporation,  public  or   private"'.      (X~.Y. 

VII  7.) 
Forfeiture,   Revocation   or   Amendment   of   Charter,   S&e   above,    this 

title,  Charters. 
Formation 

See  above,  this  title;  Charters. 
See  above,  this  title;  Creation. 
Franchises 

(barters.  See  above,  this  title,  Charters. 

Of  foreign  corporations!,  Nee  above,  this  title.  Foreign  Corporations. 

No  corporation   to  lease  or   alienate  any  franchise  so   as  to  relieve 

franchise  or  property  held  thereunder  from  liabilities  of  lessor  or 

grantor,    lessee    or    grantee,    incurred    in    use    of    franchise,    or    its 

privileges.      (Kv.  203.) 

Xo  law  to  permit  lease  or  alienation  of  franchise  so  as  to  release  or 

relieve   franchise   or    property   held   thereunder    from    liabilities   of 

lessen-  or  grantor,  or  lessee  or  grantee,  incurred  in  use  of  franchise 

or  its  privileges.      (Ariz.  XIV  7;  Cal.  XII  10;  Ida.  XI   15;  Mont. 

XV  17;  Utah  XII  7;  Wash.  XII  8.) 
Gas  Companies;  See  Gas  Companies. 
General  Laws 

For  a  general  law  relating   to  a  particular  siibject,  See  Throughout 

this  title. 
Grants  of  Public  Lands  to,  See  Public  Lands  —  Grants. 
Grants  of  Public  Property  to,  See  Public  Property  —  Grants. 
Guaranty  Companies,  See  Guaranty  Companies. 
Holding  ( 'o.u  pa  n  i  es 

Corporation  cannot  do  act  prohibited  through  holding  or  controlling 
stock  or  bonds  of  other  corporation  organized  or  doing  business  in 

state.      (S.C.  IX  19.) 
Incorporation 

See  above,  this  title,  Charters. 
See  above,  this   title.  Creation. 
Incorporators,  Bee  below,   this  title,  Stockholders. 
Indebtedness 

Ponded,  Bee  ntiove,   this   title,  BONDS. 

Liability  of  stockholders^  See  below,  this  title,  Stockholders. 

Dues  from  corporations  to  be  secured  by  individual  liability  of  stock- 
holders to  amount  of  their  stock  and  such  other  means  as  provided 
by  law;    railroad,   religious   and   charitable  corporations   excepted. 

(Kan.  XII  2.) 


Im)K.\   Digest  185 


CORPORATIONS   (Cont'd) 
Indebtedness    {Cont'd) 

Dues  from  corporations  to  be  secured  by  individual  liabilities  of  cor- 
porations, or  other  means,  as  prescribed  by  law.      (N.C.  VIII  2.) 
Dues  from  corporations  to  be  secured  by  such  means  as  may  be  pre- 
scribed by  law.     (Ala.  XII  236;  Ida.  XI  17;  Mo.  XII  9;  Mont.  XV 

19;  Xev.  VIII  3;  Ohio  XIIT  3.) 
Dues  from  corporations  to  be  secured  by  such  individual  liability  of 
corporators  and  other  means  as  prescribed  by  law.      (Cal.  XII  2; 

N.Y.  VIII  2.) 
Dues  from  corporations,  other  than  banking,  to  be  secured  by  indi- 
vidual  liability   of   corporators   or   other  means,   as   prescribed  by 

law.      (Ind.  XI  14.) 
Exact  amount  of  debts  to  be  ascertained  and  after  corporate  prop- 
erty exhausted  original  subscribers  individually  liable  for  unpaid 
subscription,  following  the  stock.      (Xebr.  Xlb  4.) 
"Fictitious  increase"  of  indebtedness  shall  be  void.     (Ala.  XII  234 
Ariz.  XIV  6;   Ark.  XII  8;  Cal.  XII  11;   Colo.  XV  9;   Ida.  XI  9 
Ky.   193;  Mo.  XII  S;   Mont.  XV  10;   X.D.  VII  13S;   Okla.  IX  39 
Pa.  XVI  7;  S.C.  IX  10;   S.D.  XVII  8;  Tex.  XII  6;   Utah  XII  5 

Wash.  XII  6.) 
Increase  of  indebtedness  to  be  under  general  law,  with  consent   of 
majority  of  stock,  first  obtained   at  meeting  held   after  60  days' 
notice.  "  (X.D.  VII  138;  Pa.  XVI  7;  S.D.  XVII  8.) 
Indebtedness  of  corporation  to  state  can  only  be  discharged  by  pay- 
ment  into   public   treasury.      (Ark.   XII   12.) 
Legislature  to  prevent  issue  of  fictitious  indebtedness.     (Okla.  IX  39.) 
Issue  of  any  obligation  for  payment  of  money  except   for  money  or 
property  received  or  labor  done  forbidden.      (Ariz.   XIV  6;   Utah 

XII  5;  Wash.  XII  6.) 
Inspection  of,  See  beloxv,  this  title,  Regulation. 
Insurance  Companies,  See  Insitrance. 

Internal  Improvement  Companies,  See  Internal  Improvements. 
Joint-Stock  Associations,  See  Joint-Stock  Associations. 
Lands,  See  below,  this  title,  Real  Estate. 
Laws 

For  general  or   special   laics   relating    to   a  particular   subject,   See 

throughout   this  title. 
License 

See  above,  this  title,  Charters. 
See  above,  this  title,  Foreign  Corporations. 
Limitation  of  Power,  See  below,  this  title,  Powers  and  Limitations. 
Loan  Companies,  See  Trust  Companies. 
Managers,  See  above,  this  title,  Directors. 
Manufacturing  Corporations,  Sec  Manufacture 
Mining  Companies,  See  Mines. 

Monopolies  and  Trusts,  See  Monopolies  and  Trusts. 
Mortgage  Corporation's. 

Corporations  formed  for  sole  purpose  of  lending  on  country  property 
not  to  receive  money  on  deposit  or  to  do  banking  business;  under 
supervision   of  examiner   of   state  banks.      (La.   230.) 


186  State  Constitutions 


CORPORATIONS   (Cont'd) 

Municipal    Aid,    See    "  Boroughs  ",    "  Cities  ",    "  Counties  ",    "  Dis- 
tricts ",  "  .Municipalities",  "Towns",  "Townships",  "Villages" 
and  "Education  —  School  Districts". 
Municipal  Corporations,  See  Municipalities. 
Municipal  Franchises  to,  See  "  Boroughs  ",  il  Cities  ",  "  Counties  ", 

"  Municipalities  ",  "  Towns  ",  "  Townships  ",  "  Villages  ". 
Mutual  and  Co-operative  Corporations 

Legislature  to  provide  for  organization  of  mutual  and  co-operative 
associations  or  corporations.     (Wyo.  X  Corporations  10.) 
Name 

Legislature  not  to  change  name  by  local  or  special  law.      (Ala.  IV 

104;   Miss.  IV  90.) 
Legislature  not  to  name  or  change  name  of  corporation  by  special 

law.      (Va.  IV  63.) 
Non-user  of  Charter,  See  above,  this  title,  Charters. 
Objects,  See  above,  this  title,  Charters. 
Offenses 

See  above,  this  title,  Charters  —  Forfeiture,  Revocation  or  Amend- 
ment. 
See  above,  this  title,  Foreign  Corporations  —  Ouster. 

Office,  See  below,  this  title,  Place  of  Business. 
Officers 

Directors,  See  above,  this  title,  Directors. 

Embezzlement  or  misappropriation  of  moneys  by  officers  renders  di- 
rectors or  trustees  personally  liable.     (Cal.  XII  3.) 
List  of  officers  must  be  filed  in  corporation  commission's  office,  show- 
ing stock  holdings,  before  doing  business.      (Okla.  IX  43.) 

Oil  Pipe  Corporations,  See  Pipe  Lines. 
Organization 

See  above,  this  title,  Charters. 

See  above,  this  title,  Creation. 

Passes 

Person  holding  public  office  in  state  not  to  accept  or  use  pass  or  pur- 
chase transportation  other  than  as  furnished  to  general  public; 
legislature  to  enforce  provision.      (Wash.  II  39.) 

Public  officer  or  person  elected  or  appointed  to  public  office  under  laws 
of  state  not  to  demand  or  accept  pass,  free  transportation,  franking 
privilege  or  discrimination  in  passenger,  telegraph  or  telephone 
rates  from  any  person  or  corporation,  for  himself  or  with  another; 
shall  be  misdemeanor  and  forfeit  office  of  recipient  and  misde- 
meanor in  corporation  or  its  agent ;  no  privilege  from,  but  im- 
munity on,  testifying.      (X.Y.  XIII  5.) 

Same;  except  that  recipient  forfeits  office  and  is  liable  to  further 
penalty  and  corporation,  or  its  agent,  liable  to  fine  of  $500  in  suit 
to  be  brought  at  domicile  of  recipient.      (La.  191.) 

On  railroads,  See  Railroads. 

Penal  Corporations,  Sec  Penal  Institutions. 
Pipe  Line  Corporations,  Sec  Pipe  Lines. 


Ixdk.x  Digest  187 


CORPORATIONS   {Cont'd) 
Place  of  Business 

Of  foreign  corporations,  See  abort',  this  title,  Foreign  Corporations. 
Service  of  process,  See  below,  this  title,  Service  of  Process  on. 
All  corporations  must  have  a  place  of  business  in  state.      (Mo.   XII 

15.) 

All   corporations   must   have   a1    least   one   "  public  "   office    in    state; 

religious,  educational   and   benevolent   associations  and   mercantile 

corporations  excepted.      (S.C.   IX  4.) 

All  corporations  must  have  a   place  of   business   in   state;    religious, 

educational  and  benevolent  corporations  excepted.     (Ca'l.  XII  14.) 

All  corporations  must  have  one  or  more  known  places  of  business  in 

state    before    doing    business    therein.       (Ariz.    XIV    8;    La.    264; 

Utah  XII  9.) 

All  corporations  must  have  one  or  more  known  places  of  business  in 

state  before  doing  business  therein;   legislature  to  enact  laws  to 

this  end.      (Ky.  104.) 
Charters  to  be  filed  in  chancery  clerk's  office  of  county  where  prin- 
cipal office  or  place  of  business  located.      (Miss.  VII  189.) 
Police  Power,  See  below,  this  title,  Regulation. 
Political  Activities 

Bribery    at    elections    by    corporations    punishable   by    forfeiture    of 

charter  or  franchise  and  of  right  to  do  business.      (Ky.  150.) 
Not  to  influence  elections  or  official  duty  by  contributions  of  money 

or  anything  of  value.      (Okla.  IX  40.) 
Unlawful  to  contribute  money  or  anything  of  value  to  influence  elec- 
tion or  official  action.      (Ariz.  XIV  IS.) 
Powers  and  Limitations 

Of  foreign  corporations.  See  above,  //n'.s  title,  FOREIGN  Corporations. 
Exclusive  privileges  and  immunities.  See  Privileges. 
Real  estate,  See  below,  this  title,  Real  Estate. 

All  powers  and  franchises  of  corporations  derived  from  people  and 

granted  by  their  agent,  the  government,  for  public  good  and  general 

welfare.      (Wyo.  X  Corporations  2.) 

Armed  persons  or  bodies  not   to  be  brought   into  state  to  preserve 

peace    or    suppress    domestic    trouble    without    authority    of    law. 

(Utah  XII  16.) 
Legislature   not   to   delegate   to    private   corporation    or   association 
power  to  make  or   interfere  with  municipal   improvement,   money, 
property  or  effects,  to  levy  taxes  or  to  perform  municipal  functions. 
(Cal.  XI   13;   Colo.   V  35;    Pa.  Ill  20.) 
Legislature    not    to   delegate    to    private    corporation    or    association 
power   to   make,    supervise    or    interfere    with    municipal    improve- 
ments, moneys,  property  or  effects,  to  levy  taxes  or  to  perform  any 
municipal  functions.      (Wyo.  Ill  37.) 
Municipality  may  award  franchises  or  privileges  no  longer  than  for 
20   years;    advertising   required;    trunk   railroads   excepted.      (Ky. 

164.) 
No  corporation  shall  engage  in  any  business  not  expressly  authorized 
in  its  charter.     (N.D.  VII  137;  Pa.  XVI  16;  S.D.  XVII  7.) 


1 88  State  Constitutions 


CORPORATIONS   (Cont'd) 

Powers  and  Limitations    (Co?it,d) 

No  corporation  shall  engage  in  any  business  not  expressly  authorized 
in  its  charter  or  articles  of  incorporation.      (Ala.  XII  233;   Utah 

XII    10.) 

No  corporation  shall  engage  in  any  business  not  expressly  authorized 

in  its  charter  or  by  the  law  under  which  it  is  organized.      (Ariz. 

XIV  4;   Cal.  XII  0;   Ky.   102;   Mo.  XII  7.) 

No  corporation  shall  engage  in  any  business  not  expressly  authorized 

in  its  charter  or  incidental  thereto.      (La.  265;   S.C.  IX  12.) 
Not  to  have  more  than   "  one  general   line  or   department   of   busi- 
ness ".      ( Wyo.  X  Corporations  6. ) 
Powers  not  to  be  increased  or  diminished  by  special  laws.      (Tenn. 

XI  S.) 
Power  to  levy  taxes  may  not  be  delegated  to  private  corporations  or 

associations.      (Ala.  XI  212.) 

Rights,  privileges,  immunities  and  estates  of  corporate  bodies  shall 

remain  as  if  constitution  had  not  been  altered,  except  as  therein 

otherwise   provided.      (Del.   IX  4.) 

Rights  and  duties  of  corporations  not  affected  by  new  constitution, 

except  as  therein  limited.      (Conn.  X  3.) 
Rights  and  duties  of  all  corporations  shall  remain  "  as  if  this  con- 
stitution had  not  been  adopted  ",  except  as  therein  regulated  and 

restricted.     (Conn.  X  3.) 
Rights  of  corporations  continued  by  new  constitution.      (Miss.  Sehed.' 

279.) 
Process,  See  below,  this  title,  Service  of  Process  on. 
Property 

Of  domestic  corporation  on  consolidation  with  foreign  corporations, 

See  above,  this  title,  Foreign  Corporations. 
Forfeiture,  See  above,  this   title,  Charters. 
Lease  or  alienation,  See  above,  this  title,  Franchises. 
Real  estate,  See  below,  this  title,  Real  Estate. 
Public  Lands,  See  Public  Lands. 
Public  Service 

Commissions,  See  Public  Service  Commissions. 
Corporations,  See  Public  Service  Corporations. 
Quasi-Public  Corporations 

Legislature  not  to  extend,  nor  remit  forfeiture  of  franchise  or  charter 
of,  quasi-public  corporations.      (Cal.  XII  7.) 
Railroads,  See  Railroads. 
Real  Estate 

Of'  alien  corporation^,  See  above,  this  title,  Alien  Corporations. 
'1  "aking  or  holding  real  estate,  except  such  as  necessary  and  proper 

for   business,  forbidden.      (Pa.  XVI  6;    S.D.   XVII   7.) 
Legislature  may  limit  or  restrain  acquiring  or  holding  of  lands  by> 

corporations.     (Miss.  IV  84.) 

Holdings   of   large  tracts,  uncultivated   and   unimproved,   is   against 

public    interest    and   to   be   discouraged   by   lawful   means.      (Cal. 

XVII  2.) 


I.xdk.x  Digest  189 


CORPORATIONS   (Cont'd) 
Real  Estate    (Cont'd) 

Holding  longer  than  five  years,  except  such  as  necessary  for  carrying 

on  business,   forbidden.      (Cal.    XII    !).) 
Holding  longer  than  five  years,  except  SU'ch  as  necessary  and  proper 

for  business,  forbidden  under  penalty  of  escheat.     (Ky.  192.) 
Holding  longer  than  six  years,  except    such  as  necessary  and  proper 

for  legitimate  business,  forbidden.      (Mo.   XII  7.) 
Holding  longer  than  seven  years  of  lands  secured  by  mortgage  fore- 
closure, forbidden.      (Okla.  XXII  2.) 
Holding   longer  than   10   years,  except    such   as   actually  occupied    in 

exercise  of  franchise,  forbidden.      (Mich.  XII   5.) 
Holding  longer  than   10  years,  except   such  as  necessary   and    proper 

for  legitimate  business  or  purposes,  forbidden.      (La.  205.) 
Corporations  may  not  deal  in  real  estate  except  in  incorporated  cities 
and  towns  and  except  as  necessary  for  business;  mortgages  to  se- 
cure debts  and  naked  titles  held  by  trust  companies  as   security 

excepted.      (Okla.  XXII  2.) 
No  corporation  to  be  chartered  or  licensed  solely  to  deal  in  real  estate, 
except  real  estate  in   incorporated  cities  or  towns,  nor  to  act  as 
agent  to  buy  or  sell  same.      (Okla.  XXII  2.) 
State  lands  not  to  be  donated  to  or  sold  to  corporations  or  associa- 
tions for  less  price  than  to  individuals.     (Ala.  IV  99;  Miss.  IV  95; 

S.C.  Ill  31.) 
Royal    grants   good    only    if    made    on    or    before    October    14,    1775; 
grants  since  said  date  not  affected  by  constitution.      (X.Y.  I  17.) 
Reformatory  Corporations,   See  Penal  Institutions. 
Regulation 

Acceptance  of  State  Constitution,  Sec  above,  this  title,  Acceptance 

of  State  Constitution. 
Charters,  Sec  above,  this  title,  Charters. 
By  Commissions,  See  Public  Service  Commissions. 
Right  of  State,  in  General 

All    corporations    doing    business    in    state    may    be    regulated, 
limited  and  restrained  by  law.      (Ariz.  XIV  2;   Utah  XI I   1; 

Wash.  XII   1.) 

All   corporations  doing  business  in  the  state   may  be   regulated, 

limited    and   restrained   by    laws   not   in    conflict    with    federal 

constitution.      (Wyo.   X   Corporations    1.) 

All    corporations    doing    business    in    state    may    be    regulated, 

limited 'and    restrained    by    laws   not    in    conflict    with    federal 

or  state  constitution.      (N.M.   XI   13.) 

Article    XIV    of    constitution    not    to    be    construed    to    prevent 

legislature    from    imposing    other    conditions    on    corporations. 

(Ariz.    XJV    14.) 

Attorney -general   to   inquire   into  charter   rights  and  to  prevent 

corporations     collecting     improper     taxes,     tolls,     freight     or 

Wharfage.      (Tex.    IV  22.) 
"Being  creatures  of  the  state-',  endowed    for  public  good  with 
some  of  its  sovereign  powers,  corporations  must  be  subject  to 
its  control.      (Wyo.  I  30.) 


190  State  Constitutions 


CORPORATIONS  (Cont'd) 
Regtjlatiox   ( Con  Vd ) 

Right  of  State,  in  General   (Con I'd) 

Corporations  cannot  do  prohibited  acts  by  controlling  interests 
in  other  corporations.      (S.C.  IX  19.) 

Corporations,  however  formed,  to  be  forever  subject  to  general 
laws  of  state.      (Me.  IV  Pt.  Ill    14.) 

Legislature  given  full  power  to  correct  abuses,  prevent  dis- 
crimination or  excessive  charges  where  service  of  public 
nature   performed,   and    provide   penalties.      (Fla.   XVI   30.) 

Legislature  may  provide  for  creation  and  control  of  corporations 
by  general  laws,  except  corporations  to  exercise  eminent 
domain  and  to  acquire  franchises  in  streets  and  highways  of 
towns  and  cities.      (R.I.  Amend.  IX.) 

Legislature   not   to    regulate    affairs   of   corporations   by    special 

act.      (Va.  XII   154.) 

Legislature   should   provide   for   supervision   and   government  of 

corporations.      (N.H.   II   82.) 

Legislature  so  to  control  associations  as  to  prevent  monopolies 
and  trusts.      (Ala.   IV   103.) 

"  Proper  boards,  commissions  or  officers "  may  be  given  super- 
visory and  regulatory  powers  over  organization,  business  and 
issue  and  sale  of  stocks  and  securities  (of  domestic  corpora- 
tions) and  business  and  sale  of  stocks  and  securities  of 
foreign   corporations,   as   prescribed   by  law.      (Ohio  XIII  2.) 

Records,  books  and  files  always  subject  to  "  full  visitorial  and 
inquisitorial  powers  "  of  state,  notwithstanding  bill  of  rights. 

(Okla.  II   28.) 

Right  of  state  to  control  and  regulate  corporations  for  public 
good  and  general  welfare,  declared.  (Utah  XII  1;  Wash. 
XII  1 ;  Wyo.  X  Corporations  2. ) 

Secretary  of  internal  affairs  to  discharge  such  duties  relating 
to  corporations  as  may  be  prescribed  by  law.      (Pa.  IV   19.) 

Subject  to  constitution  and  laws  of  state  irrespective  of  filing 
of  acceptance  of  constitution.      (N.M.  XI   12.) 

Territorial   laws  continued   under   state   until   changed  by   legis- 
lature.    (Ncv.  VIII  4.) 
Repeal  or  Amendment  of  Laws 

Revocation    or    amendment    of    charters,    See   above,    this    title, 

Chapters. 

All  authorized  general  or  special  laws  subject  to  repeal  or 
alteration   by   legislature.      (Cal.   XII    1;    Mont.   XV  2.) 

All  laws  for  formation  of,  or  conferring  rights,  privileges  and 
franchises  upon  corporations,  may  be  amended,  altered,  re- 
pealed  or  abrogated.      (Mich.  XII    1.) 

All  laws  relating  to  corporations  may  be  altered,  amended  or 
repealed.      (Ariz.  XIV  2;    Utah  XII   1;   Wash.  XII   1.) 

All  laws  relating  to  corporations  may  be  altered,  amended  or 
repealed,  when  necessary  for  the  public  good  and  general 
welfare.      (Wyo.  X  Corporations  1.) 


Index  Digest  191 


CORPORATIONS   ( Cont'd) 
Regulation   ( Con  t'd ) 

Repeal  or  Amendment  of  Laws  (Cont'd) 

All  revocable  charters  and  amendments  of  charters  existing  and 
revocable  or  hereafter  granted  may  be  repealed  by  special 
act.  (Va.  XII  154.) 
Legislature  may  alter  or  repeal  general  corporation  laws.  (Ala. 
XII  229;  Ark.  XII  6;  Ida.  XI  2;  Kan.  XII  1;  Miss.  IV  87; 
Nebr.  Xlb  1;  Nev.  VIII  1;  X.J.  IV  Sec.  VII  11;  X.M.  XI  U; 
X.D.  VII   131;   Ohio  XIII  2;   S.C.  IX  2;   Vt.   II  65;   Va.  XII 

154.) 

Legislature    may    alter    or    repeal    general   corporation    laws   or 

special   corporation   acts.      (X.Y.  VIII    1;   X.C.  VIII   1;    Wis. 

XI    1.) 

Legislature   may   alter   or   repeal   general   corporation   laws  but 

not  so  as  to  interfere  with  or  divest  vested  corporate  rights. 

(Tenn.  XI  8.) 
Legislature  may   amend  or   repeal  all  laws  for  organization  or 
creation  of  corporations  or  granting  special  or  exclusive  privi- 
leges   or    immunities   by   two-thirds    vote.       (Iowa   VIII    12.) 
Police  Power 

Police  power   of  state  is   supreme  over   corporations   as  well   as 

individuals.      (N.M.   XI    14;    Wyo.   X   Corporations  2.) 
Police  power  of  state  not  to  be  used  to  permit  corporations  to 
infringe    "  equal    rights   of    individuals    or    the    general    well- 
being  of  state".      (Cal.  XII  8;  Colo.  XV  S;  Ga.  IV  Sec.  II  2; 
Ida.  XI  8;  La.  263;  Miss.  VII  190;  Mo.  XII  5;  Mont.  XV  9; 
X.D.  VII   134;   Pa.  XVI  3;   S.D.  XVII  4;   Va.   XII   159.) 
Police  power  of  state  not  to  be  used  to  permit  corporations  to 
infringe   '"equal    rights   of    individuals".      (Ky.    195.) 
Religious  Corporations,  See  Religion. 
Repeal  op  Constitutional  Provisions  by  Legislature 

After  a  designated  date,  legislature  given  power  to  repeal  certain 
provisions  of  constitution  relating  to  certain  classes  of  public 
service  corporations,  their  rates,  facilities,  etc.  (Okla.  IX  35.) 
After  a  designated  date,  legislature  given  power  to  repeal  certain 
provisions  of  constitution  relating  to  corporation  commission,  its 
powers  and  duties  and  procedure  on  appeal  therefrom.     (Okla.  IX 

35;  Va.  XII  156(1).) 
Reports 

Annual    report    at    time    of   paying   registration    fee   to    corporation 
commission   to  be   required    by   general   law;    failure   for   9(1   days 
•after  two  years  forfeits   charter   or   license    and    subjects   to   other 
penalties,  to  be  prescribed.      (Va.  XII   157.) 
Annual   report   to   corporation   commission   required   of   all   corpora- 
tions at  time  of  payment  of  registration  fee.      (Ariz.    XIV   17.) 
By  corporations  whose  stock  is  offered  for  sale  to  public,  to  corpora- 
tion commission,  under  oath,  as  required  by  law  or  by  corporation 
commission,  prescribed.      (Ariz.  XV  13.) 
Form   and  collection  of  reports  matters  for   corporation  commission 
which  shall   annually  tabulate  and  publish  them.      (N.M.  XI  6.) 


102  State  Constitutions 

CORPORATIONS   (Cont'd) 

Right  of  Way,  See  Eminent  Domain. 

Rights  and  Duties,  See  above,  this  title,  Powers  and  Limitations. 

School  Corporations,  See  Education. 

Service  of  Process  on 

All  corporations  must  have  at  least  one  agent  in  state  authorized  to 
accept  service;  religious,  educational  and  benevolent  associations 
and  mercantile  corporations  excepted;  legislature  not  forbidden 
to  provide  for  service  on  any  agent.  (S.C.  IX  4.) 
All  corporations  must  have  one  or  more  agents  in  state  authorized 
to   accept   service  before  doing   business   therein.      (Ariz.   XIV   S; 

La.  264;  Utah  XII  9.) 
All  corporations  must  have  one  or  more  agents  in  stale  authorized 
to  accept  service;  legislature  to  enact  laws  to  this  end.    (Ky.  194.) 
Foreign  corporations,  See  above,  this  title,  Foreign   Corporations. 
Sleeping-Car  Companies,  See  Sleeping-Car  Companies. 
Social  Corporations,  See  Social  Corporations. 
Special  Laws 

For   -special    hues    reletting    to    a    particular   subject,   Sec    throughout 

this  title. 
State  Aid 

See  State  Debt  —  Purpose  —  Aid  to  Private  or  Corporate  Enter- 
prise. 
See  State  Finances  —  Expenditures. 
State  as  owner  of  securities,  See  Public  Property. 
State,  Conduct  of  Business  by 

State  not  to  carry  on  business  of  any  corporation.      (La.  58.) 
Steamship  Companies,  See  Steamship  Companies. 
Stock 

Books,  See  above,  this  title,  Books. 
Decrease 

To  be  under  general  law,  with  consent  of  majority  of  stock,  first 
obtained   at  meeting  held   after  30  days'  notice,   as  prescribed 
by  law.      (La.  267.) 
Gambling  in  Stocks 

Legislature  to  prohibit  buying  and  selling  in  boards,  exchanges 
or  markets;  sales  on  margin  and  for  future  delivery  void  and 
money   may    be    recovered.       (Gal.    IV   26.) 
Holdings  in  Competing  Corporations 

Forbidden,  except  stock  taken  in  payment  of  debt ;  must  dispose 
of  same  in  12  months  and  can  exercise  rights  thereon  only 
with  consent  of  commission.  (Okla.  IX  41.) 
Legislature  may  not  authorize  corporation  to  buy  stock  in 
domestic  or  foreign  corporations,  or  make  any  contract  there- 
with, with  effect  of  lessening  competition  or  encouraging 
monopoly;  such  contracts  are  void.  (Ga.  IV  Sec.  II  4.) 
Increase 

"Fictitious  increase"  of  stock  forfeits  charter.      (La.  266.) 
"Fictitious   increase"   of   stock   shall   be   void.      (Ala.   XII    234; 
Ariz.   XIV   6;    Ark.   XII   8;    Cal.   XII    11;    Colo.    XV   9;    Ida. 


Index  Digest  19-' 


CORPORATIONS   ( ( 'on  t'd ) 
Stock  (Cont'd) 

Increase   {Cont'd) 

XI   9;   Ky.    193;    La.   266;    Mo.   XII   8;    Mont.   XV    10;    N.D. 
VII  138;  Okla.  IX  39;   Pa.  XVI  7;   S.C.  IX  10;  S.D.  XVII  8; 
Tex.  XII  6;  Utah  XII  5;  Wash.  XII  6.) 
To  be  under  general  law,  with  consent  of  majority  of  stock  first 
obtained,  and  after  "  due  notice  "  as  prescribed  by  law.    (  Ariz. 
XIV  6;  Utah  XII  5;  Wash.  XII  6.) 
To  be  under  general  law,  with  consent  of  majority  of  stock,  first 
obtained,    at    meeting    held    after    60    days'    notice,    as    pre- 
scribed by  law.      (Ark.  XII  8;  Cal.  XII  11;  Mo.  XII  8;  N.D. 
VII   138;   Pa.  XVI  7;   S.D.  XVII  S.) 
To  be  under  general  law,  with  consent  of  majority  of  stock,  first 
obtained,    at    meeting    held    after    30    days'    notice,    as    pre- 
scribed by  law.      (Ala.  XII  234;  Colo.  XV  9;   Ida.  XI  9;   La. 

267;  Mont.  XV  10;  Okla.  IX  39.) 
Investment  of  Trust  Funds 

Legislature  not  to  authorize  investment  of  trust  funds  by 
executors,  administrators,  guardians  or  trustees,  in  private 
stocks.  (Colo.  V  36;  Mont.  V  37;  Wyo.  Ill  38.) 
Legislature  not  to  authorize  investment  of  trust  funds  by 
executors,  administrators,  guardians  or  trustees,  ih  private 
stocks;    any   such    act    avoided,    saving   previous    investments. 

(Ala.  IV  74;  Pa.  Ill  22.) 
Issue 

Forbidden    except   to    bona   fide    subscribers   or    their    assignees. 

(Ariz.  XIV  6;  Utah  XII  5;  Wash.  XII  6.) 
Of  preferred  stock  requires  consent  of  all  the  stockholders.     (Mo. 

XII  10.) 
Of  preferred  stock  requires  consent  of  two-thirds  of  stock.     (Ala. 

XII  237.) 
Legislature  authorized  to  prevent  fictitious  capitalization,  by  civil 

or  criminal  proceedings.      (N.H.  II  82.) 
Legislature  to  control  all  issues  of  stock  by  general  laws.      (Va. 

XII  167.) 
Legislature  to  prevent  issue  of  fictitious  stock.     (Okla.  IX  39.) 
Only   for   labor   done  or   money   or   property   actually    received. 

(Ark.  XII  8;  La.  266.) 
Only  for  labor  done,  or  money  or  property  actually  received  or 

subscribed.      (S.C.  IX  10.) 
Only  for  labor  done,   services  performed  or  money   or  property 

actually  received.      (Colo.  XV  9;  Ida.  XI  9;  Mont.  XV  10.) 
Only    for    money,    labor    done    or    money    or    property    actually 

received.      (N.D.  VII   138;   Pa.  XVI  7;  S.D.  XVII  8.) 
Only  for  money,  labor  done  or  property  actually  received.     (Ala. 

XII  234.) 
Only   for   money,   labor   done  or   property   actually    received   to 
amount  of  par  value  thereof.      (Okla.  IX  39.) 


194  State  Constitutions 

CORPORATIONS   (Cont'd) 

Stock    (Cont'd) 
Issue   (Cont'd  i 

Only  for  money  paid,  labor  done  or  personal  property,  or  real 

estate  or  leases  thereof  actually  acquired.      (Del.  IX  3.) 
Only  for  money  paid,  labor  done  or  property  actually  received. 

(Cal.  XII  11;  Mo.  XII  8;  Tex.  XII  6.) 
Only  for  money  paid,  labor  done  or  property  actually  received 
and  applied  to  corporate  purposes  and  not  valued  more  highly 
than  real  market  price.      (Ky.  193.) 
Plan  of  issue  under  oath  must  first  be  filed  with  corporation 
commission;  if  issue  for  services  or  property,  nature  and  valu- 
ation of  same  to  be  stated;   other  requirements  may  be  made 
by  law;   penalties  to  be  provided.      (Va.  XII   107.) 
Preferred  Stock 

Issue  requires  consent  of  all  the  stockholders.      (Mo.  XII  10.) 
Issue  requires  consent  of  two-thirds  of  stock.      (Ala.  XII  237.) 
Taxation,  See  Taxation. 
Stock  Books,  See  above,  this  title,  Books. 
Stockholders 

State  as,  See  Public  Property. 

Municipality  as,  See  "  Boroughs  ",  "  Cities  '*,  "  Counties  *',  "  Dis- 
tricts ",  "  Municipalities  ",  "  Towns  ",  "  Villages  ". 

Alien 

If  majority  of  stock  owned  by  aliens,  corporation  deemed  alien 
and  may  not  own  lands  except  under  mortgage,  where  acquired 
in  good  faith  for  debts,  certain  mining  lands  and  lands  to  de- 
velop certain  mining  products.      (Wash.  II  33.) 

Filing  of  Names 

List  of  directors,  showing  stockholdings,  must  be  filed  in  corpora- 
tion commission's  office  before  doing  business.      (Okla.  IX  43.) 

Liability 

Of  bank  stockholders,  See  Banks. 

"  Corporators  "  of  domestic  corporations  not  to  be  individually 

liable  for  debts  or  liabilities  of  corporation.      (Nev.  VIII  3.) 
Dues  from  corporations,  other   than  banking,  to  be  secured  by 
individual   liability   of    corporators,   or   other   means,    as   pre- 
scribed by  law.      (Ind.  XI  14.) 
Dues  from  corporations  to  be  secured  by  individual  liability  of 
corporators   and   other   means   as   may  be  prescribed   by   law. 

(Cal.  XII   2;    N.Y.   VIII  2.) 
Dues  from  corporations  to  be  secured  by  individual  liability  of 
corporations,    or   other    means,   as   prescribed  by  law.      (N.C. 

VIII  2.) 

Dues  from  corporations  to  be  secured  by  individual  liability  of 

stockholders  to  amount  of  their  stock  and  such  other  means  as 

provided  by  law ;  railroad,  religious  and  charitable  corporations 

excepted.     (Kan.  XII  2.) 
individually  and  personally  liable  for  proportion   of  debts  and 


Index  Digest  195 


CORPORATIONS  (Cont'd) 
Stockholders    (Cont'd) 
Liability   (Cont'd) 

liabilities  contracted  while  a  stockholder  in  proportion  of  hold 
ings  to  total  holdings  of  stock;  exposition  companies  excepted. 

(Cal.  XII  3.) 
Individually    liable    for    all    labor    performed    for    corporation. 

(Mich.  XII  4.) 
In  no  case,  individually  liable  in  any  amount  over  or  above  stock 

held.      (Ida.  XI  17;  Mo.  XII  9.) 
In  no  case  individually  liable  otherwise  than  for  amount  of  un- 
paid stock  owned.      (Ala.  XII  236.) 
In  no  case  individually  liable  otherwise  than  for  unpaid  stock 
owned,  except  in  case  of  corporations  authorized  to  receive 
money  on  deposit.     (Ohio  XIII  3.) 
One  or  more  stockholders  may  be  made  parties  defendant  on  lia- 
bility for  debts  of  corporation.      (Wash.  XII  4.) 
Original  subscribers  individually  liable,  following  the  stock,  for 
unpaid     subscriptions     after     corporate     property     exhausted. 

(Nebr.  Xlb  4.) 
To  amount  of  unpaid  stock,  "  and  no  more  ",  for  debts  of  corpo- 
ration; banking  and  insurance  corporations  excepted.     (Wash. 

XII  4.) 

To  amount  of  stock  held  or  owned,  "  excepting  those  organized 

for  the  purpose  of  carrying  on  any  kind  of  manufacturing  or 

mechanical  business".      (Minn.  X  3.) 

To  amount  of  stock  subscribed  and  unpaid  for,  for  indebtedness 

of    corporation;    bank    stockholders    excepted.       (Ore.    XI    3; 

W.Va.  XI  2.) 
To  amount  remaining  due  on  stock,  to  creditors  of  insolvent  cor- 
porations.    (S.C.  IX  18.) 
Voting  Rights,  See  above,  this  title,  Direotobs. 
Street  Railroads,  See  Street  Railroads. 
Suits 

Against 

Foreign  corporations,  See  above,   this   title,  Foreign   Corpora- 
tions. 
Service  of  process,  See  above,  this  title,  Service  of  Process  on. 
Limitations    of  time  different  from  general   law  as  to  actions 
against  individuals  forbidden;  existing  acts  of  such  class  void. 

(Pa.  Ill  21.) 
May  be  brought  as  in  the  case  of  natural  persons.      (Ala.  XII 
240;  Ariz.  XIV  1;  Cal.  XII  4;  Mich.  XII  2;  Minn.  X  1;  Mont. 
XV  18;  Nebr.  Xlb  3;  Nev.  VIII  5;  N.Y.  VIII  3;  N.C.  VIII  3; 
Utah  XII  4;  Wash.  XII  5.) 
May  be  sued  in  county  where  contract  made  or  to  be  performed, 
where  obligation  or  liability  arises  or  breach  occurs  or  where 
principal  place  of  business  located;  subject  to  power  of  court 
to  change  place  of  trial.      (Cal.  XII  16.) 
May  be  sued  in  their  corporate  name.     (Kan.  XII  6.) 
Want  of  legal  organization  no  defense.     (Ariz.  XTV  13.) 


196  State  Constitutions 


CORPORATIONS   (Cont'd) 

Suits   (Cont'd) 
By 

May  be  brought  as  in  the  case  of  natural  persons.      (Ala.  XII 
240;  Ariz.  XIV  1;  Cal.  XII  4;  Mich.  XII  2;  Minn.  X  1;  Mont. 
XV  18;  Nebr.  Xlb  3;  Nev.  VIII  5;  N.Y.  VIII  3;  N.C.  VIII  3; 
Utah  XII  4;  Wash.  XII  5.) 
May  sue  in  their  corporate  name.      ( Kan.  XII  6. ) 
Want  of  legal  organization  no  defense.      (Ariz.  XIV  13.) 
Surety  Companies,  See  Surety  Companies. 
Surrender  of  Eights 

Acceptance  of  constitution,  surrender  of  any  tax  exemption  or  non- 
repealable  feature  of  charter  and  of  rights  and  privileges  not  con- 
ferred on  similar  corporations  conclusively  presumed  from  accept- 
ing  or   effecting   amendment   or   extension   of   charter.      (Va.   XII 

158.) 
Acceptance  of  constitution,  surrender  of  exemption  from  taxation  or 
from  repeal  of  charter  condition  precedent  to  benefit  of  future  legis- 
lation.     ( Md.  II  48. ) 
Provision  to  be  made  by  general   laws   for   voluntary   surrender   of 

charters.      (Va.  XII  154.) 
Taking  of  Franchises  and  Property,  See  Eminent  Domain  —  Property 

and  Franchises  of  Corporations. 
Taxation,  See  Taxation. 

Telegraph  Companies,  See  Telegraph  Companies. 
Telephone  Companies,  See  Telephone  Companies. 
Term,  See  above,  this  title,  Duration. 
Toll  Road  Companies,  See  Roads. 

Transmission  Companies,  See  Transmission  Companies. 
Transportation  Companies,  See  Transportation  Companies 
Trust  Companies,  See  Trust  Companies. 
Trusts,  See  Monopolies  and  Trusts. 
Turnpike  Companies,  See  Roads. 
Unused  Charters,  See  above,  this  title,  Charters. 
Voting  Rights,  See  above,  this  title,  Directors. 
Warehouses,  See  Warehouses. 

CORRUPT  PRACTICES 

See  Elections. 

See  Legislature  —  Members  —  Bribery. 

See  Public  Officers  —  Bribery. 

CORRUPT  SOLICITATION 

Of  members  of  legislature,  See  Legislature. 
Of  public  officers,  See  Public  Officers. 

CORRUPTION  OF  BLOOD,  See  Crimes  —  Punishment. 

COSTS,  See  Courts. 

COUNTIES 

Under  this  title  are  digested  all  provisions  relating  specificaUi/  to  coun- 
ties. For  provisions  relating  to  municipalities  and  subdivisions  of  the 
state  generally,  and  hence  to  this  class,  See  Municipalities. 


Inpkx    Dkjf.st  197 


COUNTIES   (Cont'd) 

For  prorisions   relating   to  p&uoer   of   comities   and   of   con  sol  id  a  ted   cities 
and  counties  to  frame   their  charters;  Sde   Municipal  Home   Rule  — 

POWF.K    OF    MUNICIPALITY    TO     I'KVMF.ItS    CHARTER. 

For   other   prbvikiobis    relatikig    to    consolidated    cities   and    counties,   See 

Cities. 
For  provisions  relating  to  initiative  and  referendum,  See  Initiative  and 

Referendum. 

Creation  and  Establishment 
In  General 

State    to    be    "divided     into     political     divisions     to     be.     eal.  u 

counties".     (Fla.  VIII  1.) 
Xot   to  be  more  tban    145   counties  in  state;   but  in  addition   to 
counties  then  provided  for,  specified  and  described  new  county 
to  be  laid  out.      (Ga.  XI  Sec.  I  2.) 
New  counties  created  to  be  statutory  counties  subject  to  existing 

laws.      (Ga.  XI  Sec.  12.) 

Special  provisions  for  election  at  time  submission  of  constitution 

to  determine  whether  described  new  county  to  be  created  and 

for   its   organization,    if   authorized   by   voters.      (Md.    XIII    2, 

3,  4,  5.) 
State    divided    into    counties    named    and    described    in    detail. 

fOkla.  XVII  8.) 
Three    specified    established    counties    declared    to    be    "'  constitu- 
tional counties".      (Tenn.  X  4.) 
Legislature  to  constitute  counties  by  law.      (Vt.  II  6.) 
Counties    constituting     state    named     in    constitution.       (.W.Va. 

II   1.) 
Such    parts    of    "  beds,    banks    and    shores  "    of    state's    boundary 
rivers    as    lie   opposite    and    adjoining   the   several    counties    of 
state  to  form  parts  of  such  counties.      (W.Va.  II  1.) 

Existing  Counties  Confirmed 

Those  existing  time  adoption  constitution  ratified  and  confirmed. 

(Ala.  II  38.) 
Territorial  counties  as  fixed  by  statute  at  time  adoption  consti- 
tution declared  to  be  counties  of  state  until  changed  by  law. 

(Ariz.  XII  2.) 
Existing    counties     recognized    as    legal     subdivisions    of     state. 

(Cal.  XI   1:   Mo.  IX   1:   Tex.  XI   1.) 
Counties  of  territory  declared  counties  of  state.      (Colo.  XIV   1; 

Mont.  XVI  1;   Wyo.  XII  l.i 
"  The  special   counties  as  they   now  exist  are   hereby   recognized 

as  legal  political  divisions  of  the  state."      (Fla.  VIII  2.) 
Counties    of    territory    existing    time    adoption    of    constitution 
"  herebv    recognized    as    legal    subdivisions"    of    state.      (Tda. 

XVIII  1  :   Wash.  XI   1.) 

Continued  with  same  names,  boundaries  and  rights  until  changed 

in    accordance    with    constitution    and    laws    of    state.      <X.M. 

XXII    12.) 


198  State  Constitutions 

COUNTIES   (Cont'd) 

Creation  and  Establishment  (Cont'd) 
Existing  Counties  Confirmed  (Cont'd) 

Several  counties  of  territory  of  Dakota   north   of   specified  line 

declared  to  be  counties  of  state.  (N.D.  X  166.) 
Until  changed  by  legislature  as  allowed  by  constitution  bound- 
aries of  counties  to  remain  as  established  time  adoption  con- 
stitution. Special  provision  for  change  of  boundaries  to  pro- 
vide for  formation  of  specified  new  county,  boundaries  of  which 
set  forth  in  ordinance  to  constitution.  ( S.C.  VII  12.) 
Existing  counties  to  remain  as  they  are  unless  changed  according 

to  provision  of  constitution.      ( S.D.   IX   1.) 
Constitution   recognizes   as  legal   subdivisions  of   state  and   con- 
tinues   until    changed    by    law    in    pursuance    of    constitution. 

(Utah  XI   1.) 
Formation   of  New  Counties 

Legislature  to  provide  for  by  general   and  uniform  laws.      (Cal. 

XI  3.) 
Legislature  may  establish.      (Fla.  VIII   3.) 

Special  provision  for  creation  specified  new  counties,  of  specified 
names,   boundaries   and   with    specified   county   sites.      (Ga.   XI 

Sec.  I  2.) 
Legislature  to  provide  for.      (Kan.  IX  1.) 

The  general  assembly   may   establish   and  organize   new    counties 

(parishes).      (La.  277.) 

Legislature  may  provide  for  organizing;  but  not  without  consent 

majority  of  legal  voters  residing  within  limits  of  proposed  new 

county.      (Md.  XITT  1.) 
Legislature    may    from    time    to    time    establish    and    organize. 

(Minn.   XI    1.) 
Erection     of     new     counties     by     special     and     local     legislation 

forbidden.  '(Minn.  IV  33;  Pa.  ITT  7.) 
Not  to  be  formed  unless  majority  of  qualified  electors  "  voting 
in  each  part  of  the  county  or  counties  proposed  to  be  dismem- 
bered and  embraced  in  the  new  county  shall  separately  A'ote 
therefor  ".  Question  not  to  be  submitted  more  than  once  in 
four  years.  (Miss.  XIV  260.) 
Legislature   to    provide   by   general    law    for    organizing.      (N.D. 

X  167.) 
In  organizing,  all  natural  boundaries  to  be  observed  as  nearly  as 

possible.      (N.D.  X  167.) 

Laws  creating  not  to  take  effect  unless   submitted   to  voters  of 

all  counties  affected  and  approved  by  majority  of  those  voting 

in   each   county  at  next  general   election.      (Ohio  II   30.) 

Legislature  to  provide  for  creation  by  general  laws.     Proposition 

for  creation  of  new  county  to  be  approved  by  60  per  cent,  of 

votes  cast   in   territory  proposed  to  be   established   as   a   new 

county,  at  an  election  held  for  the  purpose.      (Okla.  XVII  4.) 

Legislature    may    establish    now    counties    in    following    manner: 

When    one-third    qualified    electors    within    area    of    proposed 


Index    Digest  190 


COUNTIES   (Cont'd) 

Creation  and  Establishment   (XJont'd) 
Formation  of  New  Counties    (Cont'd) 

county  petition  governor  for  its  creation  setting  forth  bound 
aries  and  shewing  compliance  with  requirements,  with  this 
article  of  constitution,  governor  to  order  election  within 
reasonable  time  by  qualified  electors  within  proposed  area; 
vote  to  be  yes  or  no  on  question  of  creation  new  county.  If 
two-thirds  qualified  electors  vote  in  favor  of  now  countys 
legislature  to  establish  same  at  next  session.     No  county  to  be 

'  formed  without  compliance  with  all  conditions  imposed  in  this 
article  constitution.      (S.C.  VII   1,  2.) 

Question  of  name  of  new  count}'  to  be  submitted  to  electors  in 
area  of  proposed  new  county,  together  with  proposition  to 
create  such  county.      (S.C.  VII   1.) 

Election  on  question  of  forming  new  county  not  to  be  held  more 
than  once  in  four  years.      (S.C.  VII  2.) 

Legislature  to  provide  for  by  general  laws.      (S.D.  IX  1.) 

May  be  established  by  legislature;  detailed  provisions  for 
organization  of  specified  new  counties.      (Tenn.  X  4.) 

Legislature  may  create  counties  for  convenience  of  people;  but 
in  territory  not  included  in  any  county  time  adoption  con- 
stitution no  county  to  be  created  of  less  than  900  square  miles 
and  in  "square  form"  unless  prevented  by  pre-existing  bound- 
ary lines;  area  may  be  less  in  border  counties  where  state 
lines  so  require;  such  territory  may  in  advance  of  population 
be  organized  into  counties  and  attached  to  most  convenient 
organized  countv  for   judicial   and  surveying   purposes.      (Tex. 

IX    I.i 

Counties  of  less  than  900  but  of  700  or  more  square  miles  within 
existing  counties  may  be  created  by  two-thirds  vote  of  eaeh 
house  of   legislature   by  yeas   and   nays   entered   on   journals. 

(Tex.   IX   1.) 

Not  to  be  formed  without  consent  of  majority  of  voters  residing 
within    boundaries    of    proposed    new    county     voting    on     the 

question.      (W.Va.    IX    8.) 

Legislature   to   provide   bv   general    law    for   organizing.      (Wyo. 

XII    2.) 

Incorporation 

"Each  county  of  the  state  now  or  hereafter  organized  shall  be  a 

body  politic  and  corporate."      (Ariz.  XII  1.) 
Each  county  "  to   be   a  body   corporate "  with    such    powers   and 

limitations  as   prescribed   by  law.      (Ca.  XI   Sec.  T    1.) 

Newly  established  counties  shall  be  bodies  corporate.      (La.  277.) 

"  Each  organized  county  "  to  be  body  corporate  with  such  powers 

and  immunities  as  shall  be  established  by  law.      (Mich.  VIII  1.) 

Local    or    special    legislation    incorporating    counties    forbidden. 

(Minn.    IV  33.) 
Each    organized    countv    to    be    "body    politic    and    corporate". 

(Okla.  XVII  1;   S.C.  VTT  0.) 


200  State  Constitutions 

COUNTIES  (Cont'd) 

Creation  and  Establishment    (Cont'd) 
County  Seats 
In  General 

Specified  county  may  have  two  districts  and  two  county 
seats  at  which  county,  probate  and  circuit  courts  to  be 
held   as   provided   by   law   "  each   district   paying   its   own 

expenses".      (Ark.   XIII  5.) 
"  Additions "   to   county  town   to   be  included    and    regarded 
as  part  of  county  seat.      (Mo.  IX  2.) 

Temporary  Location 

In  formation  of  new  counties,  seats  may  lie  located  tempo- 
rarily by  provisions  of  law.      (Ark.  XIIT  3;  X.D.  X  167.) 

Legislature     may     temporarily     establish     by     law.       (Fla. 

VIII   4.) 

Legislature  to  provide  by  general  law  for  locating  temporary 
seats  of  new  counties.      ( Wyo.  XII  2. ) 
Location  and  Removal 

Local  or  special  legislation  locating  or  changing  prohibited. 
(Ala.  IV  104;  Ariz.  IV  19;  Colo.  V  25;  111.  IV  22;  Iowa 
III  30;  Ky.  59;  Minn.  IV  33;  Mo.  IV  53;  Mont.  V  26; 
Nebr.  Ill  15;  N.M.  IV  24;  N.D.  II  69;  Okla.  V  46;  Pa. 
Ill  7;  S.D.  Ill  23;  Tex.  Ill  56;  Utah  VI  26;  Va.  IV  63; 
W.Va.  VI  39;  Wis.  IV  31;  Wyo.  Ill  27.) 

"  No  courthouse  or  county  site "  to  be  removed  except  by 
majority  vote  qualified  electors  of  county  voting  at  elec- 
tion   held    for    purpose;     special     provision     for    specified 

county.      (Ala.  II  41.) 

Not  to  be  established  or  changed  without  consent  majority 
qualified  voters  of  county  to  be  affected  by  change,  nor 
until  place  at  which  proposed  to  establish  or  change  such 
county  seat  is  fully  designated.      (Ark.   XIII   3.) 

Local    or    special    law    changing    forbidden.      (Cal.    IV    25; 

Wash.  II  28.) 

Removal  forbidden  unless  two-thirds  qualified  voters  of 
county  voting  on  proposition  at  general   election   approve. 

(Cal.  XI   2.) 

Legislature  not  to  remove  but  to  provide  for  removal  by 
general  law.      (Colo.  XIV  2:   Fla.  VIII  4;  Mont.  XVI   2.) 

Laws  for  removal  not  to  take  effect  until  submitted  to 
electors  of  counties  affected  and  adopted  by  majority  of 
such    electors    at    next    general    election       (Colo.    XTV    2; 

Minn.  XI  1;  Ohio  II  30.) 

No  county  site  to  be  changed  or  removed  except  by  two- 
thirds  vote  qualified  voters  of  county  voting  at  election 
held  for  purpose  and  two-thirds  vote  of  legislature.      (Ga. 

XT  Sec.  I  4.) 

Local  or  special  legislation  changing  seats  forbidden  unless 
law  authorizing  shall  require  that  two-thirds  legal  votes 
cast  at  general   or   special    election   shall   designate   place 


Index  Digest  201 


COUNTIES   (Cont'd) 

Creation  and  Establishment   (Cont'd) 
County  Seats  (Cont'd) 

Location  and  Removal   (Cont'd) 

to  which  seat  to  be  changed;    powers  to  pass  special   law 
to  cease  as  long  as  legislature  provides  for   such   change 
by  general  law;   and  no  special  law  to  be  passed  for  any 
county  more  than  once   in  six  years.      (Ida.   Ill    19.) 
Removal  forbidden  unless  on  petition  of  majority  of  qualified 
electors  and  unless  two-thirds  of  such  electors  voting  on 
proposition  at  general  election  approve.      (Ida.  XVIII  2.) 
Not  to  be  removed  until  new  place  fixed  by  law,  and  three- 
fifths    of   voters   of   county,   to   be   ascertained    in    manner 
provided  by  law,  shall   have  voted  in  favor  of  removal  to 
that  place  but  when  attempt  is  to  move  to   point  nearer 
center  of  county,  majority  to  be  sufficient.      (111.  X  4.) 
Legislature  to   provide  for   changing  seats  but  not    without 
consent  of  majority  of  electors  of  county.      (Kan.  IX  1.) 
No  located  seat  to  be  removed  except  upon  vote  of  two-thirds 

of  "those  voting".      (Ky.  64.) 
All   laws   removing   parish   seats   shall   be  submitted  to  the 
electors  of  the  parish  affected  thereby,  and  a  two-thirds 
vote  of  the  electors  is  necessary  for  such  removal.      (La. 

278.) 
Legislature  may  provide  by  law  for  locating  and  removing. 

(Md.  XIII   1.) 

Established  seat  not  to  be  removed  until  proposed  place  is 

designated  by   two-thirds  of   county  board  of  supervisors 

and  majority  of  electors  voting  thereon  approve  proposed 

location     in     such     manner     as     law     prescribes.      (Mich. 

VIII  13.) 

Removal     forbidden     unless     authorized     by     two-thirds     of 

electors    of    county    voting    therefor,    but    when    proposed 

removal  is  toward  center  of  county  it  may  be  made  when 

majority   of   electors   participating   in   election   shall   vote 

therefor.      (Miss.  XIV  259,  260.) 

Legislature  not  to  remove  but  to  provide  for  by  general  law. 

Not  to  be  removed  unless  two-thirds  of  qualified  voters  of 

county  voting   on    proposition   at   a   general    election    vote 

therefor.      (Mo.  IX  2.) 

Not    to    be    removed    unless    majority    qualified    electors    at 

general    election    on     proposition    to    remove    shall    vote 

therefor.      (Mont.  XVI  2.) 
No    county    seat,    where   there   are   county   buildings,   to   be 
removed   without    approval    three-fifths    of   votes   cast    by 
qualified  electors  on  the  question  at  election  held  as  pro- 
vided by  law.     (X.M.  X  2.) 
Private  or   local   legislation   locating  or   changing   forbidden 

except  revision  commission  bills.      (N.Y.   Ill    18.  23.) 
Legislature  to  provide  by  general  law  for  changing  county 
seats  in  organized  counties,  but  has  no  power  to  remove 
county  seat  of  such  counties.      (N.D.  X    169.) 


202  State  Constitutions 


COUNTIES   (Cont'd) 

Cbeation  and  Establishment    (Cont'd) 
County  Seats   i  ( 'ont'd 

Location  and  Removal    (Cont'd) 

Legislature  to  provide  by  general  laws  for  original  location 
of  county  seats  in  new  counties,  provided  question  sub- 
mitted to  qualified  electors  residing  in  territory  formed 
into   new   and   approved    by    60    per    cent,    of    votes   cast. 

(Okla.  XVII  4.) 

After  expiration  of  limited  time  (April  1,  1909)  within 
which  county  seats  may  be  removed  under  special  pro- 
visions then  existing,  county  seats  may  be  removed  by 
county  election  (details  for  which  are  contained  in  the 
constitution),  but  town,  city  or  place  to  which  removal 
is  sought  must  receive  two-thirds  of  votes  cast  at  election 
on  question  of  removal.      (Okla.  XVII  6.) 

Constitution  designates  seat  of  each  of  counties  into  which 
state  divided;  places  so  specified  to  remain  county  seats 
until    changed    by    vote    of    qualified    electors    in    manner 

provided.      (Okla.  XVII  8,  6.) 

Laws  locating  may  be  made  to  take  effect  or  not  upon  vote 
of  electors  interested.      (Ore.  I  21.) 

Question  of  location  of  county  seat  to  be  submitted  to 
electors  in  area  of  proposed  new  county,  together  with 
proposition   to  create  such   county.      (S.C.   VII    1.) 

Removal  forbidden  without  approval  two-thirds  vote  of 
qualified   electors   of    county   voting   at   election    held    for 

purpose.      (S.C.  VII  8.) 

Where  majority  of  voters  petition  for  change  to  specified 
place  of  seat  once  fixed  by  majority  vote  of  county, 
county  board  to  submit  question  to  people  at  next  general 
election,  and  if  approved  by  two-thirds  votes  cast  at  said 
election,  county  seat  shall  be  changed,  otherwise  not;  but 
where  the  proposition  is  to  change  seat  from  point  not 
on  railroad  to  a  railroad  seat  three-fifths  vote  shall  be 
sufficient  to  ratify  such  change.      (S.D.  IX  3.) 

Where  not  previously  located  by  majority  vote,  county 
board  to  submit  the  location  of  seat  to  electors  at  general 
election  and  place  receiving  majority  of  votes  cast  at  such 
election  shall   be  county  seat.      (S.D.   IX  2.) 

Legislature  to  provide  for  location  by  general    laws.      (S.D. 

IX  1.) 

Removal  prohibited  without  concurrence  two-thirds  qualified 
voters  of   county  but  this  not   to   apply  to   two   specified 

counties.      (Tenn.  X  4.) 

Seat  of  justice  of  old  county  reduced  to  form  new  not  to  be 
removed  without  concurrence  of  two-thirds  both  branches 

legislature.      (Tenn.  X  4.) 

Legislature  to  pass  laws  regulating  manner  of  removal; 
none  situated  within  five  miles  of  geographical   center  of 


Index  Digest  203 


COUNTIES   (Cont'd) 

Ckeatiox  asd  Establishment    (Cont'd) 
County  Seats  (Cont'd) 

Location  and  Removal    (Cont'd) 

county  to  be  removed  except  by  two-thirds  vote  of  electors 
voting  thereon;  majority  such  electors  may  remove  county 
seat  from  point  more  than  five  miles  from  geographical 
center  to  point  within  five  miles  thereof;  center  to  be 
determined    by    certificate    commissioner    of    land    office. 

(Tex.   IX  2.) 

Not  to  be  moved  unless  two-thirds  of  qualified  electors  of 

county  voting  on  the  question   at  general   election  favor; 

two-thirds  of  votes  cast  on  proposition  required  to  relocate 

seat.      (Utah  XI  2.) 

Forbidden    unless    three-fifths    qualified    electors    of    county 

voting   on    proposition    at   general    election    shall    approve. 

Three-fifths  of   all   votes   cast  on   proposition   required   to 

relocate  seat.      (Wash.  XI  2.) 
Private  or  special  legislation  locating  seats  forbidden;   but 
not  to  apply  to  creation  of  new  counties.      (Wash.  II  28.) 
Removal   forbidden   until   new  location   is  fixed  by   law  and 
majority  of  the  voters  of  the  county  voting  on  the  ques- 
tion approve  of  removal  to  that  location.      (Wis.  XIII  8.) 
Legislature  to  provide  by  general  law  for  location  in  organ- 
ized counties,  but  may  not  itself  remove.      (Wyo.  XII  3.) 

Election   to   Determine   Removal 

Proposition  to  change  seat  not  to  be  submitted  more  than 
once  in  four  years.  (Ala.  II  41;  Cal.  XI  2;  Colo.  XIV  2; 
Miss.   XIV  260;    Mont.   XVI   2;    S.D.   IX   3;    Utah   XI   2; 

Wash.  XI  2.) 

No  person  to  vote  at  county  seat  removal  election  who  has 

not    resided    in    county    six    months    and    in    precinct    90 

days.     (Colo.  XIV  2;  Ida.  XVIII  2;  111.  X  4.) 

Proposition  to  remove  not  to  be  submitted   in  same  county 

more  than  once  in  six  years   except  as  provided  by    laws 

existing   time   adoption   constitution.      (Ida.   XVIII   2.) 

Question  of  removal  not  to  be  submitted  more  than  once  in 

10  years.      (111.  X  4.) 
Proposition  to  remove  not  to  be  submitted  to   voters  more 

than  once  in  five  years.      (Mo.  IX  2.) 
Proposition  not  to  be  submitted  in  same  county  more  than 

once  in  eight  years.      (N.M.  X  2.) 
Elections  for  removal  not  to  occur  at  intervals  of  less  than 

10  years.      (Okla.  XVII  6.) 

Detailed  provisions  respecting  elections  for  removal  of  seats 

within  specified  time  after  adoption  constitution.      (Okla. 

XVII  6.) 
Election   on   question   of   removal   not   to   be   held   in    same 
county  more  than  once  in  five  years.      (S.C.   \  II   8.) 


204  State  Constitutions 


COUNTIES   (Cont'd) 

Creation  and  Establishment    (Cont'd) 
Boundaries 

Change  of  Lines 

Legislature  may  by  two-thirds  vote  of  each  house  designate 
boundaries  which  shall  not  be  altered  except  by  like  vote. 

(Ala.  II  39.) 
Legislature  may  provide  for  by  general  and   uniform   laws. 

(Cal.  XI  3.) 
Legislature  may  change.      (Fla.  VIII   3.) 

Forbidden    unless   under   operation    of   general    law    for    that 

purpose.      (Ga.  XI   Sec.  I  3.) 

Metes    and    bounds    to    remain    as    prescribed    by    "law    time 

adoption     constitution     unless     changed     as     constitution 

provides.      (Ga.  XI  Sec.  I  1.) 

Laws   for   not  to   take  effect  until   submitted   to    electors   of 

counties  affected  and  adopted  by  majority  of  such  electors 

at  next  general  election.      ( Iowa  III  30 ;  Minn.  XI  1 ;  N.D. 

X  168;   Ohio  II  30.) 
Legislature  may  provide  for.      (Kan.  IX   1;   N.D.  X   1G7.) 
All  laws  changing  lines  shall  be  submitted  to  the  electors  of 
the  parish  or  parishes  affected  thereby.     A  two-thirds  vote 
of  such  electors  necessary  to  change.      (La.   278.) 
Legislature  may  provide  for  by  law;    but  not  without   con- 
sent of  majority  voters  of  district  which  by  change  would 
be  in  county  different  from   that   prior   to   change.      (Md. 

XIII    1.) 
Special  and  local  legislation  forbidden.      (Minn.  IV  33;   Pa. 

Ill  7.) 
Local    or    special    legislation    forbidden,    except    in    creating 

new  cc.unties.      (N.M.  IV  24;  Wash.  II  28.) 
Natural    boundaries   to   be   observed    as    nearly    as   possible. 

(N.D.  X  167.) 
Legislature  to  provide  by  general  laws  for  altering  or  chang- 
ing lines.  Proposition  to  change  lines  to  be  approved  by 
60  per  cent,  of  votes  cast  in  territory  proposed  to  be  trans- 
ferred to  another  county  and  by  a  majority  of  the  electors 
of  the  county  to  which  it  is  proposed  to  add  such  territory. 

(Okla.   XVII   4.) 
Legislature  may  alter  county  lines  at  any  time;  but  before 
existing  county  line  is  altered,  question  to  be  submitted 
to  qualified  voters  of  territory  proposed  to  be  taken  from 
one  county  and  given   to   another   and   approved  by  two- 
thirds  of  vote  cast.     S.C.  VII  7.) 
Special    provision    for    change   of   boundaries  to    provide   for 
formation  of  specified  new  county,  boundaries  of  which  set 
forth    in   ordinance  to   constitution.      (S.C.  VII    12.) 
No  change  of  county  lines  to  result  in  reduction  of  county 
from   which  territory  taken  "  below  the  limits   prescribed 
by  sections  3,  4  and  5  of  this  article  ".     ( Sec.  4  forbids 


Index  Digest  205 


COUNTIES   (Cont'd) 

Creation  and  Establishment    (Cont'd) 
Boundaries    (Cont'd) 

Change  of  Lines    (ConA'<l) 

reduction  of  area  of  any  county  to  less  than  500  square 
miles,  $8,000,000  of  assessed  taxable  property,  and  lo,000 
inhabitants;  and  section  5  forbids  the  cutting  of  old 
counties  within  eight  miles  of  its  courthouse.  Sec.  3  for- 
bids the  creation  of  new  counties  of  less  than  one  one 
hundred  and  twenty-fourth  (1/124)  part  of  inhabitants 
of  state,  one  and  one-half  millions  of  assessed  taxable 
property  or  400  square  miles.  It  would  seem  that  only 
4  can  apply  to  a  change  of  county  lines  affecting  a  reduc- 
tion of  old  counties.)  (S.C.  VII  7.) 
Legislature  to  provide  for  changing  by  general  laws.      ( S.D. 

IX  1;  Wyo.  XII  2.) 
In    counties    organized,    change    of    lines,  not    to    take    effect 
until  submitted  to  voters  of  counties  affected  at  next  gen- 
eral election  and  adopted  by  majority  of  voters  interested 
in  each  county  at  such  election.      (S.D.  IX   1.) 

[jimitntion  on  Location  of  Lines 

Lines  not  to  be  altered  or  changed,  or  in  case  of  new  counties 
established  so  as  to  run  within  seven  miles  of  courthouse 

of  old  county.      (Ala.  II   40.) 

Lines  of  new  county  not  to  run  within   10  miles  of  seat  of 

county    proposed    to    be    divided;    except    count}'    seat    of 

specified  county.      (Ark.  XIII  4.) 

Lines    of    new    counties    not    to    pass    within    five    miles    of 

exterior    boundary    of    city    or    town    in    which    is    located 

county  seat  of  any  county  thereby  divided.      (Cal.  XI  3.) 

County  lines  not  to  pass  within   10  miles  of  county  seat   of 

any  county  proposed  to  be  divided.      (111.  X  1;  Mo.  IX  3; 

Okla.  XVII  4;  Pa.  XIII  1.) 
Lines  of  new  counties  not  to  pass  within  10  miles  of  county 
seat  of  county  proposed  to  be  divided;   but  this  does  not 
prevent  legislature  abolishing  any  county.      ( Ky.   63.) 
No  lines  to  be  established  so  as  to  pass  through  any  incor- 
porated  city   or   town.      (S.C.   VII    14.) 
In  creation  of  new  county,  no  old  county  to  be  "cut  within 

eight  miles  of  its  courthouse,  building".      (S.C.  VII  5.) 
No  new  county  to  be  created  to  approach  nearer  than    12 
miles  to  county  scat  of  county  from  which  taken.      (Tex. 

IX    I.) 

No   line   of   new   county   to   approach   nearer   than    11    miles 

to  courthouse  of  old  county  from  which  new  county  taken; 

rletailerl     provisions     for     organization     of     specified     new 

counties.      (Tenn.  X  4.) 

Division 

XTo  part  of  county  to  be  taken   off  to  form   new   county   or   part 
thereof  without  consent  majority  voters  in  such  part   proposed 

to  be  taken  off.     (Ark.  XIII  2.) 


206  State  Constitutions 

COUNTIES   (Cont'd) 

Creation  and  Establishment   (Cont'd) 
Division   (Cont'd) 

No  part  of  county  to  be  stricken  therefrom  without  referendum 
to  people  of  county,  and  approval  of  majority  of  legal  voters 
of  county  voting  on  question.      (Colo.  XIV  3;  111.  X  2;  Nebr. 

X  2.) 

Division  forbidden  unless  majority  qualified  electors  of  territory 
proposed  to  be  cut  off  voting  on  proposition  at  general  election 
approve  division;  this  does  not  apply  to  new  counties.  No 
person  to  vote  at  such  election  who  has  not  been  resident  for 
90  days  of  territory  proposed  to  be  annexed.      (Ida.  XVIII  3.) 

No  territory  to  be  stricken  from  county  unless  majority  of  voters 
of  that  territory  shall  petition  for  such  division.      (111.  X  3; 

Ky.  65;  Nebr.  X  3.) 

No  county  to  be  divided  or  have  any  portion  stricken  off  "  except 
in  the  formation  of  new  counties "  without  submitting  ques- 
tion to  a  vote  of  people  of  county,  nor  unless  majority  of  legal 
voters  of  county  voting  on  question  shall  approve.      (Ky.  64.) 

No  county  to  be  reduced  to  less  than  16  townships  as  sur- 
veyed by  United  States  unless  in  pursuance  of  law  majority  of 
electors  voting  on  the  question   in   each  county  affected   shall 

so  decide.      (Mich.  VIII  2.) 

Question  of  division  or  reduction  to  be  submitted  to  people  (sec. 
4  says  "  qualified  voters " )  of  county  and  majority  of  all 
qualified  voters  of  the  "  counties  thus  affected  "  voting  on  the 
question  necessary  to  adoption.      (Mo.  IX   3,  4.) 

Nothing  in  legislative  apportionment  provisions  of  constitution 
to  prevent  division  of  by  legislature.      (N.Y.  Ill  5.) 

Any  county  of  100,000  may  be  divided  when  majority  of  voters 
residing  in  each  of  proposed  divisions  approve  of  the  law 
passed  for  that  purpose;  but  no  town  or  city  in  such  county 
shall  be   divided  and  none  of  the  divisions  shall   contain  less 

than  20,000.     (Ohio  II  30.) 

No  territory  to  be  transferred  from  one  county  to  existing 
county  if  by  such  transfer  county  from  which  territory  taken 
is  made  smaller  in  area  than  county  to  which  such  territory 

added.      (Okla.  XVII  4.) 

No  section  of  old  county  to  be  cut  off  without  consent  of  two- 
thirds  vote  of  those  voting  in  such  section.      (S.C.  VII  2.) 

No  part  of  existing  county  to  be  stricken  therefrom  to  form  new 
county  or  part  thereof  without  consent  of  two-thirds  qualified 
voters  in  part  so  proposed  to  be  stricken  off.      (Tenn.  X  4.) 

Described  portion  of  specified  county  detached  therefrom  and 
added  to  specified  adjoining  county.      (Tenn.  X  4.) 

No  part  of  a  specified  county  to  be  taken  to  form  a  new  county 
or  to  be  attached  to  any  adjoining  county  (this  is  not  one  of 
the  counties  declared  to  be  a  constitutional   county).      (Tenn. 

X  4.) 


Index    Digest  20" 


COUNTIES   [Cont'd) 

Creation  and  Establishment    (Cont'd) 
Division    (Cont'd) 

Legislature  to  divide  counties  "into  districts  of  convenient  size 
so  that  the  whole  number  in  the  county  shall  not  be  more 
than  25,  or  four  for  every  100  square  miles  ".      (Tenn.  VI  15.) 

No  part  of  existing  county  to  be  detached  and  attached  to  other 
existing  county  until  proposition  submitted  in  manner  pro- 
vided by  law  to  electors  of  both  counties  and  approved  by 
majority  those  voting  on  questions  in  each.      (Tex.   IX  1.) 

No  territory  to  be  stricken  off  unless  majority  of  voters  living 
in  territory  stricken  off  shall  vote  therefor,  and  then  only 
under  conditions  prescribed  by  law.      (Utah  XL  3.) 

Any  county  whose  length  is  three  times  its  mean  breadth  or 
which  exceeds  50  miles  in  length  may  be  divided  at  the  dis- 
cretion of  the  legislature  (without  regard  to  the  limitation 
of  600  square  miles  for  the  formation  of  new  counties).     (Va. 

IV  61.) 

No  territory  to  be  stricken  from  any  county  unless  petitioned 
for  by  majority  of  voters  living  in  such  territory  and  then 
only  under  conditions  prescribed  by  general  law  applicable  to 

entire  state.      (Wash.  XI  3.) 

No  county. of  900  square  miles  or  less  to  be  divided  or  have  any 

part  stricken  therefrom  without  referendum   and  approval   of 

a   majority   of   all   legal   voters   of   the   county   voting   on   the 

i  question.      (Wis.  XIII  7.) 

No  county  to  be  divided  unless  majority  of  qualified  electors  of 
part  to  be  stricken  off  voting  on  proposition  approve.      (Wyo. 

XII  2.) 
Abolishment  and  Consolidation 

Any  county  may  be  dissolved  and  merged  with  contiguous  coun- 
ties by  two-thirds  vote  qualified  electors  of  dissolved  county 
voting  at  election  held  for  purpose.      (Ga.  XI  Sec.  T  5.) 

Any  parish  may  be  dissolved  and  merged  by  the  general  assembly 
into  a  contiguous  parish  or  parishes,  on  a  two-thirds  vote  of 
the  electors  of  the  parish  proposed  to  be  dissolved.  But  the 
parish  or  parishes  into  which  the  dissolved  parish  is  to 
become  incorporated  must  consent  thereto  by   majority    of   its 

qualified  electors.      (La.  -270.) 

Specific  provision  for  abolishment  of  named  county  and  merging 
it  with  specified  county.      (Minn.  XI  7.) 

Legislature  may  provide  for  consolidation  of  existing  counties 
if  majority  qualified  electors  of  such  counties  voting  at  elec- 
tion held  for  that  purpose  approve.      (Miss.  XIV  271.) 

Legislature   may   abolish    Hamilton    and   annex   its   territory    to 

other  counties.      (X.Y.  TTT  5.) 

When  aggregate  value  of  taxable  property  is  less  than  $2,500,000, 
county  may  be  declared  "unorganized"  and  attached  to  the 
adjoining  county  with  lowest  valuation  of  taxable  property 
on  vote  of  majority  of  qualified  electors  of  county  at  election 


208  State  Constitutions 


COUNTIES   {Cont'd) 

Creation  and  Establishment    (Cont'd) 
Abolishment  and  Consolidation  (Cont'd) 

held  for  purpose.  Counties  so  attached  to  remain  "  unorgan- 
ized "  until  by  similar  petition  and  vote  qualified  electors 
thereof  declare  in  favor  of  separate  organized  county  existence. 
While  so  "  unorganized "  such  county  to  be  in  all  respects 
part  of  county  to  which  united.  (Okla.  XVII  5.) 
Legislature  to  provide  for  consolidation  of  two  or  more  existing 
counties  if  majority  qualified  electors  of  such  counties  "  shall 
vote  separately  therefor  "'.  Such  election  not  to  be  held  more 
than  once  in  four  years  in  same  counties.      (S.C.  VII  10.) 

Minimum  Area 

Establishment   of   New 

New  county  not  to  be  formed  of  less  than  600  square  miles. 

Special  provision  for  specified  new  county.      (Ala.  II  39.) 

No  county  to  be  established  with  less  than  600  square  miles, 

but  this  not  to  apply  to  specified  counties  or  to   prevent 

changing     of     lines     between     specified     counties.      (Ark. 

XIII   1.) 
Four  hundred  square  miles.      (Ida.  XVIII  4;   111.  X  1;  Md. 
XIII  1;  Miss.  XIV  260;  Minn.  XI  1;  Nebr.  X  1;  Ohio  II 
30;  Ore.  XV  6;  Pa.  XIII  1;  S.C.  VII  3;  W.Va.  IX  8.) 
No  new  county  to  be  created  of  less  than  432  square  miles; 
except  that  specified  counties  may  be  organized  "  without 
additional  territory".      (Iowa  XI  2.) 
Four  hundred  and  thirty-two  square  miles.      (Kan.  IX  1.) 
No  new  county  to  be  formed  of  less  than  400  square  miles: 
but    this    does    not    prevent    legislature    abolishing    any 

county.      (Ky.  63.) 
Legislature    not    to    establish    any    county    of    less    than    410 

square  miles.      (Mo.  IX  3.) 
Twenty-four   "congressional  townships ".     (N.D.   X   167.) 
No  new  county  to  be  formed  of  less  than  400  square  miles 
"  taxable  area  ".     Legislature  not  to  increase  this  limita- 
tion.     (Okla.  XVII  4.) 
No  new  county  to  be  organized  to  include  less  than  24  con- 
gressional townships  as  near  as  may  be  without  dividing 
a  township  or  fractional  township.      (S.D.  IX   1.) 
Two    hundred    and    seventy-five    square    miles    with    special 
provision     for     organization     of     specified     new     counties. 

(Tenn.  X  4.) 
No  new  countv  to  be  created  of  less  than  000  square  miles. 

(Tex.  IX   1.) 
In   territory  organized   into   counties   at  time   adoption   con- 
stitution, no   new   county   to   be  created   of   less   than   700 

square  miles.      (Tex.  IX   1.) 

No  new  county  to  be  formed  of  less  than  600  square  miles. 

But   any    county   whose   length    is    three   times   its   mean 

breadth,    or    which    exceeds    50    miles   in    length,    may    be 

livided  at  the  discretion  of  the  legislature.     (Va.  IV  61.) 


Ixi>kx   Digest  2C9 


COUNTIES   (Confd) 

Creation  and  Establishment    {('oh I'd) 
Minimum  Area    (Cont'd) 
Reduction  of  Old 

Six    hundred    square    miles.     Special    provision    for    specified 

old  counties.      (  A  la.  II  39. ) 

Six  hundred  square  miles,  but  this  not  to  apply  to  specified 

counties,    or    to    prevent   changing    lines   between   specified 

counties.      (Ark.  XIII   l.j 

Four  hundred  square  miles.      (Ida.  XVIII  4;    111.  X   1:    Mil. 

XIII  1;  Minn.  XI  1;  Miss.  XIV  260;  Nebr.  X  1;  Ohio  II 

30;   Ore.  XV  6;  Pa.  XIII   1;   W.Va.  IX  8.) 

Not   to   be   reduced   to   less   than  400   square   miles  and  any 

county  under  that  area  not  to  be  further  reduced.      (Ind. 

XV  7.) 
Four    hundred   and   thirty-two    square   miles.      ( Iowa   XI    2 ; 

Kan.  IX  1.) 
Four  hundred  square  miles;   but  this  does  not  prevent  legis- 
lature abolishing  any  county.      (Ky.  63.) 
Six  hundred  and  twenty-five  square  miles.      (La.  277.) 
Four  hundred  and  ten  square  miles.      (Mo.  IX   3.) 
Twenty-four  "congressional  townships''.     (N.D.   X   167.) 
Four  hundred  square  miles  "taxable  area".    Legislature  not 

to  increase  this  limitation.      (Okla.  XVII  4.) 
Not  to  be  reduced  to  less  than  500  square  miles.      (S.C.  VII 

3;  Tenn.  X  4.) 

Twenty-four    congressional    townships    as    near    as    may    be 

without    dividing    a     township    or    fractional     township. 

(S.D.  IX- 1.) 
•  No  old  county  to  be  reduced  to  less  than  500  square  miles 
by  formation  of  new;  with  special  detailed  provisions  for 
organization  of  specified  new  counties.      (Tenn.  X  4.) 
Seven  hundred  square  miles  in  territory  organized  into  coun- 
ties time  adoption  constitution.      (Tex.  IX  1.) 
Existing  counties  may  be  reduced  in  area  to   not  less  than 
700  square  miles  by  two-thirds  vote  of  each  house  by  yeas 
and  nays  entered  on  journals.      (Tex.  IX   1.) 
Six    hundred    square    miles.     Any    county    whose    length    is 
three  times  its  mean  breadth,  or  which  exceeds  50  miles 
in  length  may  be  divided  at  discretion  of  legislature.    (Va. 

IV  61.) 

Increase   of   Area 

No  territory  to  be  added  to  "  any  county  ",  without  consent  of 
majority  of  voters  of  county  to  which  it  is  to  be  added.      (111. 

X   3.) 
Counties    established    prior    to    constitution    may    be    enlarged. 

(Minn.  XT   1.) 

No  territory  to  be  added  to  "  any  organized  territory  "  without 

consent  of  majority  of  voters  of  county  to  which   it  is  to  be 

added.     (Nebr.  X  3.) 


210  State  Constitutions 


COUNTIES   (Cont'd) 

Creation  and  Establishment    (Cont'd) 
Increase  of  Area    (Cont'd) 

No  territory  to  be  added  to  a  county  unless  majority  of  voters 
living  in  "county  to  which  it  is  to  be  annexed"  shall  vote 
therefor  and  then  only  under  such  conditions  as  prescribed  by 

law.     (Utah  XI  3.) 
Minimum  Population 

Establishment  of  New 

No  county  to  be  formed  unless  contains  sufficient  population 
to  entitle  it  to  one  representative  under  ratio  of  repre- 
sentation existing  at  time  of  its  formation.  (Ala.  II  39.) 
No  new  county  to  be  established  with  less  than  5,000  in- 
habitants, but  this  not  to  apply  to  specified  counties  or 
to    prevent    change    of    lines    between    specified    counties. 

(Ark.  XIII   1.) 
Eight  thousand.      (Cal.  XI  3.) 

No    county    to    be    created   of    less   than    12.000    inhabitants. 

(Ky.  64.) 
No  new  county  to  be  created  with  less  than    10,000  "  white 

inhabitants".  (Md.  XIII  1.) 
Where  new  county  formed  with  less  than  "  a  ratio  of  rep- 
resentation "  it  shall  be  attached  for  representative  pur- 
poses to  county  from  which  most  of  its  territory  was 
taken  until  it  has  such  ratio.  (Mo.  IX  3.) 
Erection  of  new  forbidden  unless  population  sufficient  to 
entitle    it    to    one    member;    of    the   state   assembly.       (N.Y. 

Ill   5.) 
Ten   hundred    bona   fide   inhabitants.      (N.D.   X    1G7.) 
No   new   county  to   be   formed    of    less    than    15,000    people. 
Legislature     not     to     increase     this     limitation.        (Okla. 

XVI 1    4.) 
Twelve    hundred.      (Ore.    XV   0.) 
Twenty  thousand.      (Pa.  XIII   1.) 

None   to   be   formed    containing    less    than    one    one    hundred 
twenty-fourth     (1/124)     part     of    whole     number     of     in- 
habitants of  state.      (S.C.  VII   3.) 
Seven    hundred    qualified   voters,    with    special    provision    for 

organization   of  specified  new  counties.      (Tenn.   X  4.) 
No    county   to    be    established     containing     less     than    2,000. 

(Wash.  XI  3.) 
Six  thousand.      (W.Va.  IX  S.) 

No  new  county  to  be  created  with  less  than  1,500  "  bona  fide 

inhabitants".      (Wyo.  XII  2.) 
Reduction  of  Old 

Sufficient   inhabitants    to    entitle   to    separate   representation 
under   ratio   existing   at   time   of   its   reduction.      (Ala.   II 

39.) 

Five  thousand  inhabitants,  but  this  not  to  apply  to  specified 

counties   or   to   prevent   change   of   lines   between    specified 

counties.      (Ark.  XIII  1.) 


I  \ni:x    !  )|(.i:st  2 1  1 


COUNTIES   (Cont'd) 

Creation  and  Establishment   (Cont'd) 
Minimum  Population    (Cont'd) 
Reduction  of  Old   (Cont'd) 

No  new  county  to  be  established    which   reduces  any   exist- 
ing  county  to   less   than   20.001)    population.      (Cal.    XI    3; 

Pa.  XIII   1.) 
Twelve  thousand  inhabitants.      ( Ky.  64.) 
Seven  thousand  inhabitants.      (  La.  277.) 
Ten   thousand   white   inhabitants.      (Md.   XIII    1.) 
No   county   established   at  time  adoption    constitution    to   be 
reduced  to  less  than  "  required  for  a  ratio  of   representa- 
tion existing  at  the  time*'.      (Mo.   IX  3.) 
Ten  hundred  "bona  fide  inhabitants".     (N.D.  X   167.) 
Fifteen   thousand   people.     Legislature  not  to  increase  limi- 
tation.     (Okla.   XVII   4.) 
Not  to  be  reduced  to  less  than  15,000.      (S.C.  VII  3.) 
No  county  to  be  reduced  to  less  than  8,000.      (Va.  IV  61.) 
Four  thousand.      (Wash.  XI  3.) 
Six  thousand.     ( W.Va.  IX  8. ) 

Fifteen  hundred  "  lona  fide  inhabitants".     (Wyo.  XII  2.) 
Minimum  Property  Value 

No  new  county  to  be  formed  of  and  no  old  county  to  be  reduced 
to   less   taxable   property   than    $1,000,000    as    shown    by   last 
previous  assessment.      (Ida.  XVIII  4.) 
No  new  county  to  be  formed  with  and  no  old  county  to  be  re- 
.  duced  to  "taxable  wealth"  of  less  than  $2,500,000  as  shown 

by  current  tax  rolls.     Legislature  not  to  increase  this  limita- 
tion.     (Okla.  XVII  4.) 
No  county  to  be  formed  of  less  assessed  taxable  property  than 
$1,500,000  as  shown  by  last  tax  return.     $2,000,000  limit  for 
reduction  of  old  county.      (S.C.  VII  3.) 
Two    million    dollars    as  shown    by    last   preceding    tax    returns. 
$3,000,000  limit  for  reduction  of  old  county.      (Wyo.  XII  2.1 
Apportionment  of  Assets 

Whenever   a  parish  is  enlarged  or   created   from   contiguous  ter- 
ritory it  shall  be  entitled  to  a  just  proportion  of  the  property 
and   assets   of   the   parish   or   parishes   from   which    such    ter- 
ritory was  taken.      (La.  280.) 
Legislature  to   provide  by  general   law  for   equitable  division  of 
assets  on  the  erection  of  new  counties  or  altering  and  changing 

new  county  lines.      (Okla.  XVII  4.) 
Legislature  to  provide  by  general,  special  or  local   law  for  divi- 
sion   of    property    and    assets    of    any    county    existing    in    the 
territory   of    Oklahoma,    between     such    county    and    any    new 
county  created  out  of  territory  of  such  county.      (Okla.  Sched. 

20.) 
If  legislature  fails  to  divide  property  and  assets  of  territorial 
counties  between  any  county  and  any  other  county  created  out 
of   its   territory,   jurisdiction    for    this     purpose   conferred    on 

supreme  court.      (Okla.  Sched.  38.) 


212  State  Constitutions 

COUNTIES   (Cont'd) 

Creation  and  Establishment    (Court/) 
Apportionment    of    Assets     (Cont'd) 

Portions  taken  from  old  county  to  form  new  or  to  add  to  another 
county  to  be  entitled  to  "  their  proportion  of  any  stocks  or 
credits  belonging  to  such  old  counties  ".      ( Tenn.  X  4. ) 
Apportionment  of  Debt 

County  enlarged  or  created  from  territory  taken  from  other 
county,  to  be  liable  for  just  proportion  of  existing  debts  of 
county  from  which   territory   taken.      (Cal.   XI    .3.) 

Part  of  county  stricken  off  and  added  to  another  county  to  be 
held  to  pay  its  ratable  proportion  of  all  then  existing  lia- 
bilities   of    county    from    which    taken.      (Colo.    XIV    5;     Ida. 

XVI II  3;   Mo.  IX  4.) 

New  county  to  assume  equitable  proportion  of  debt  of  counties 
reduced  to   form   it.      (Colo.   XIV  4;    Mo.   IX   3;    S.C.   VII   5; 

Wyo.  XII  2.) 

New  county  to  be  liable  "  for  its  proportion  of  the  then  existing 
liabilities  of  the  county  or  counties  from  which  it  shall  be 
formed,  rated  upon  the  basis  of  the  assessed  value  of  the  prop- 
erty both  real  and  personal  subject  to  taxation  within  the 
territory  taken  from  any  county  or  counties".      (Fla.  VIII  3.) 

County  acquiring  additional  territory  from  other  county  to  be 
liable  for  "  its  proportion  of  the  liabilities  of  such  other 
county  existing  at  the  time  of  such  acquisition,  to  be  rated 
upon  the  basis  of  the  assessed  value  of  all  property  subject  to 
taxation  within  such  acquired  territory''.     (Fla.  VIII  3.)      ( 

Portion  stricken  from  one  county  and  added  to  another  or 
formed  into  new  county  to  be  liable  for  its  proportion  of  in- 
debtedness of  county  from  which  taken.      (111.   X  3;   Ky.  65; 

Nebr.  X  3.) 

Whenever  a  ^parish  is  enlarged  or  created  from  contiguous  ter- 
ritory it  shall  be  liable  for  a  just  proportion  of  the  existing 
debts  or  liabilities  of  the  parish  or  parishes  from  which  such 

territory  was  taken.      (La.  2S0. ) 

Detailed  provisions  submitting  proposition  to  create  specified 
new  county  include  provision  that  when  created  the  in- 
habitants of  the  new  county  shall  cease  to  have  any  interest 
in  county  buildings  and  other  public  property  belonging  to 
old  counties  and  shall  be  liable  for  proportionate  share  of 
existing  debts  of  said  counties  according  to  the  last  assess- 
ment in  said  counties  to  be  ascertained  and  apportioned  by 
the  circuit  court  of  such  old  counties  and  the  property  in 
each  part  of  the  old  counties  which  may  be  included  in  the 
new  county  is  subjected  only  to  the  debts  of  the  county  from 
which   it  was  taken.      (Md.  XIII  3.) 

Where  new  county  formed  from  territory  of  old  county  or  where 
any  county  to  which  territory  has  been  added  by  striking  it 
from  another  county  shall  fail  to  pay  its  proportion  of  debts 
of  old  county  then  latter  may  levy  and  collect  by  taxation  "  the 


Index   Digest  213 


COUNTIES    (Cont'd) 

Creation  and  Establishment   [Cont'd) 
Apportionment  of  Debt    (Cont'd) 

duo  proportion  of  indebtedness  of  such  territory  "  in  same  man 
nor  as  if  the  said  territory   bad   not  been  stricken  off.      i  Mo. 

IX   5.) 
New  county  to  be  held  to  pay  its  ratable  proportion  of  all   then 
existing  liabilities  of  the  county  or  counties  from   which    it   is 
formed,  less  the  ratable  proportion  of  the  value  of  the  eountj 
buildings  and  property  of  the  county  or  counties  from   which 
it  is  formed;   this  not  to  prevent   readjustment  of  count}    line- 
between   existing  counties.      (Mont.   XVI    3.) 
In   ease   part  of   county  stricken   off   and   added  to  another,   the 
latter  shall  assume  and  be  liable  for  "equitable  proportion  of 
the  indebtedness  of  the  county  so  reduced".     (N.D.  X  168.) 
Legislature  to   provide  by  general    law  for   equitable  division   of 
liabilities    on    the    erection    of    new    counties    or    altering    and 
changing  new  county  lines.      (Okla.  XVII  4.) 
Legislature   to    provide   by   general,   special    or    local    law   for   di- 
vision of  liabilities  of  any  county  existing  in  the  territory  of 
Oklahoma,   between    such    county    and    any    new    county   created 
out  of  territory  of  such  county.     (Okla.  Sched.  20.) 
If    legislature    fails    to    divide    liabilities    of    territorial    counties 
between  any   county   and   any  other   county   created  out  of   its 
territory,   jurisdiction   for   this    purpose   conferred   on    supreme 

court.      (Okla,  Sched.  38.) 
"Proper    proportion"   of   existing   county   debt  of   section    trans- 
ferred  to   another   county   to  be  assumed  by   county   to   which 
such  territory  transferred.      (S.C.  VII  7.) 
Portions  of    old    counties    detached    to    form    new   or   added   to 
another   county  to   continue  liable  "  for  their   pro   rata  of   all 
debts  contracted   by   their  respective  counties   prior  to  separa- 
tion ".      (Tenn.   X    4.) 
Part  stricken  off  to  pay  its  proportion  of  then  existing  liabilities 
of    county    from    which   taken,    in    manner    prescribed    by    law. 

(Tex.  IX  I.) 
(dunty  enlarged  or  created  from  territory  taken  from  other 
county  to  be  liable  for  "just  proportion  of  the  existing  debts 
and  liabilities"  of  county  from  which  territory  taken,  but 
"in  such  accounting  neither  county  shall  be  charged  with  any 
debt  or  liability  then  existing  incurred  in  the  purchase  of 
any  county  property  or  in  the  purchase  or  construction  of  any 
county  buildings  then  in  use  or  under  construction  which 
shall    fall   within    and   be   retained    by    the   county".      (Wash. 

XI   3.) 
'  Provisions    apportioning    debt    of    county    from    which    territory 

taken  not  to  affect  rights  of  creditors.      (Wash.   XI    3.) 
Internal  Organization  and  Administration 

For   provisions   as    to   county   commissioners,   See    below,    tins    title, 

.   Commissioners. 


214  State  Constitutions 

COUNTIES  (Cont'd) 

Internal  Organization  and  Administration    (Cont'd) 
In  General 

Legislature  to   provide  uniform   system  of  government  through- 
out state.     (Gal.  XI  4;  Nev.  IV  25;  Utah  XI  4;  Wash.  XI  4.) 
Legislature  to  establish  uniform  system  of  government  "  which 
shall  be  applicable  except  in  cases  where  local  or  special  laws 
are  provided  by  the  legislature  that  may  be  inconsistent  there- 
with ".    (Fla.  Ill  24.) 
Tribunals    or    offices    created    by    legislature    for    transaction    of 
county  matters  to  be  uniform  throughout  state  of  same  name, 
jurisdiction  and  remedies  except  that  legislature  may  provide 
for   appointment    of    commissioners   of   roads   and   revenues    in 

any   county.      (iGa.   XI   Sec.   Ill    1.) 
Suits  by  or  against  to  be  in  name  of  county.      (Ga.  XI  Sec.  I 

*  I;  Mich.  VIII  1.) 
Subject  to   provisions   of   this   article  of   constitution   legislature 
to  establish  system  of  county  government  which  shall  be  uni- 
form  throughout   state.      (Ida.   XVIII  5.) 
Legislature  to  establish  "  but  one  system  of  county  government 
which  shall  be  as  nearly  uniform  as  practicable''.     (Wis.  IV 

23.) 
Township  Organization 

For  provisions  relating  to  townships,  See  Townships. 
Authorized    when   majority   qualified    electors   voting   at   general 

election  approve.     (Cal.  XI  4.) 

Subject   to   provisions  of  this   article   of  constitution   legislature 

by    general    laws    shall    provide    for    township    and    precinct 

organization.      (Ida.  XVIII  5.) 
Where    county    has    adopted    township    organization    question    of 
continuing,  same  may  be  submitted  to  voters  of  county  at  gen- 
eral   election    in    manner   provided   by   law;    such   organization 
to  cease  if  majority  of  votes  cast  on  the  question  be  against 
such    organization    and    all    laws    applicable    to    counties    not 
having   township  organization  thereupon   immediately   to  take 
effect  and  to  be  in  force  in  such  county.      (111.  X  5.) 
Counties  may  be  under  township  organization  when  majority  of 
legal  voters   of  county  voting  on   proposition  at  general   elec- 
tion shall  so  determine.      (Mo.  IX  8.) 
Where   county    has    adopted   township    organization   question    of 
continuing  it.  may  be  submitted   to  electors  of  county  at  gen- 
eral   election    in   manner   provided   by    law   and   if   majority   of 
all    votes   east   upon   that   question    shall   be   against   such   or- 
ganization  it  shall   cease  in  that  county.      (Mo.  IX  9.) 
Where   voters  of  county   which   has   adopted  township  organiza- 
tion vote  in  favor  of  discontinuing  it  then  "  all  laws  in  force 
in  relation  to  counties  not  having  township  organization  shall 
immediately    take    effect    and    be    in    force    in    such    county". 

(Mo.  IX  9.; 


Index  Digest  215 


COUNTIES  (Cont'd) 

Internal  Organization  and  Administration    {Cont'd) 
Township  Organization  {Cont'd) 

Majority  county  voters  voting  at  any  general   election  may  or- 
ganize county  under  general  law  providing  for  township  or- 
ganization.    (111.   X  5;    Nebr.  X  5.) 
After    adoption    of    township    organization    question    of    its    con- 
tinuance may  be  submitted  to  county  electors  at  general  elec- 
tion in  manner  provided  by  law.      (111.  X  5;   Nebr.   X  5.) 
Legislature  to   provide  by  general   law   for   "  township   organiza- 
tion ",  under  which  any  county  may  organize  when  majority 
of  voters  of  county  voting  at  general  election  shall  so  deter- 
mine.     (N.D.  X  170.) 
When    a   county   adopts   "  township    organization "    provisions    of 
constitution  as  to  management  of  "  fiscal  concerns  "  by  board 
of  commissioners  may  be  dispensed  with  by  majority  of  votes 
at   any   general    election.      (N.D.   X    170.) 
Township   organization   may  be   abolished   by   majority   of   legal 
voters    voting    on    proposition    at  general    or    special    election; 
detailed   provisions   for   calling  election.     If   township  govern- 
ment abolished,  duties  previously  performed  by  township  offi- 
cers to  be  performed  by  county  officers  having  like  duties  in 
relation    to   county    as    township    officers    have   in    relation    to 
township.    Question  of  returning  to  township  government  may 
be   submitted   at   any   general   election   subsequently   and  ma- 
jority of  votes  cast  on  the  question  to  re-establish  it.     (Okla. 

V  5a.) 
Legislature    to    provide    by    general    law    for    organization    into 

townships.      (S.D.  IX  4.) 
Legislature  may  provide  by  general   law  township   organization 
under    which    county    may    organize    when    majority    qualified 
electors   of   county   voting   at   general    election    shall    so   deter- 
mine.     (Wash.  XI   4.) 
May    adopt    township    organization    and    government    when    ap- 
proved  by    majority    of    citizens    of   county    voting    at   general 

election.      (Wyo.  XII  4.) 
Administration  by  Court 

For  judicial  functions  of  county  courts,  See  Courts  —  County 

Courts. 

County  courts  to  have  exclusive  original  jurisdiction  "  in  all 
matters  relating  to  county  taxes,  roads,  bridges,  ferries, 
paupers,  bastardy,  vagrants,  the  apprenticeship  of  minors,  the 
disbursement  of  money  for  county  purposes  and  in  every  other 
case  that  may  be  necessary  to  the  internal  improvement  and 
local  concerns  of  the  respective  counties".      (Ark.  VII  28,  29.) 

County  court  to  be  held  by  one  judge  except  in  cases  otherwise 
provided    in   constitution.      (Ark.   VII   28,   29.) 

County  courts  provided  for  in  this  constitution  shall  be  regarded 
in    law    as    a    continuation    of    the   boards   of   supervisors   now 

existing   by    law.      (Ark.    Sched.    23.) 


216  State  Constitutions 

COUNTIES   (Cont'd) 

Internal  Organization  and  Administration    (Cont'd) 
Administration  by  Court   (Cont'd) 

Justices  of  peace  to  sit  with  county  judge  and  assist  in  levying 
county  taxes  and  making  appropriations  for  expenses  of 
county  in  manner  prescribed  by  law;  judge  and  majority  of 
justices  to  be  quorum  for  purpose;  or  in  absence  of  judge  ma- 
jority of  justices  to  be  quorum  and  they  to  elect  one  of  their 
number  to  preside;  legislature  to  regulate  manner  of  compel- 
ling attendance  of  such  quorum.      (Ark.  VII  30.) 

After  adoption  township  organization  assessment  and  collection 
of  revenues  to  be  made  and  business  of  county  to  be  managed 
and  transacted  in  manner  prescribed  by  general  laws  provid- 
ing  for   township   system.      (Cal   XI   4.) 

Powers  of  court  of  ordinary  to  be  vested  in  "  ordinary  for  each 
county  from  whose  decision  there  may  be  an  appeal  (or  by 
consent  of  parties  without  a  decision )  to  the  superior  court 
under  regulations  prescribed  by  law  ".  Courts  of  ordinary  to 
have  such  powers  in  relation  to  roads,  bridges,  ferries,  public 
buildings,  paupers,  county  officers,  county  funds,  county  taxes 
and    other    county    matters   as    may   be   conferred    on    them   by 

law.      (Ga.  VI  Sec.  VI   1,  2.) 

When  township  organization  adopted,  provisions  of  constitution 
for  management  of  fiscal  affairs  of  county  by  board  of  com- 
missioners may  be  dispensed  with  and  affairs  of  county 
transacted   as   legislature   provides.      (HI.   X   5.) 

Counties  to  have  fiscal  court  consisting  of  judge  of  county  court 
and  justices  of  peace,  or  county  may  have  three  commissioners 
elected  at  large  who  with  the  judge  of  county  court  shall  con- 
stitute such  fiscal  court;  judge  of  county  court  to  preside; 
majority   to   constitute  "  court   for   transaction   of   business ". 

(Ky.    144.) 

Where  "  for  county  governmental  purposes  "  city  is  by  law  sep- 
arated from  remainder  of  county,  commissioners  constituting 
fiscal  court  to  be  elected  from   that  part  of  county  outside  of 

city."   (Ky.  144.) 

County  court  in  each  county  to  have  jurisdiction  "  to  transact 
all  county  and  such  other  business  as  may  be  prescribed  by 
law  " ;  court  to  consist  of  one  or  more  judges  not  exceeding 
three,  of  whom  probate  judge  may  be  one,  as  provided  by  law, 

(Mo.  VI  36.) 

Provision  of  constitution  for  management  of  county  affairs  and 
assessment  and  collection  of  revenue  by  county  officers  in  con- 
flict with  such  general  law  for  township  organization  may  be 
dispensed  with  and  business  and  local  concerns  of  county  and 
townships     therein    transacted    as     prescribed    by    law.      (Mo. 

IX  8.) 

When  county  after  adopting  "  township  organization  "  also  dis- 
penses with  management  of  affairs  by  board  of  commissioners, 
its  affairs  may  be  transacted  by  chairmen  of  township  boards 


1  mh  \     I  >k;kst  2  1  i 


COUNTIES    [Cont'd) 

Internal  Organization  and  Administration    [Cont'd) 
Administration  by  Court  [C&nfd) 

of  the  county  and  such  others  as  may  be  provided  by  law  for 
incorporated  cities,   towns  or   villages.      (N.D.  X    170.) 

Question  of  continuing  system  of  government  by  chairman  of 
the  township  boards  where  it  has  been  adopted  may  lie  sub 
mitted  to  voters  at  general  election  in  manner  provided  by 
law  and,  if  majority  of  votes  against  such  system,  it  shall 
cease  and  affairs  of  county  be  conducted  as  provided  by  laws 
of  territory  of  Dakota.      (N.D.  X  171.) 

Until  system  of  government  by  chairmen  of  township  boards  is 
adopted  by  a  county,  its  affairs  shall  be  transacted  by  board 
of   commissioners.      (N.D.   X   172.) 

County  commissioners  with  county  judge  as  presiding  officer  to 
compose  county  commissioners'  court  which  exercises  such 
power  and  jurisdiction  over  all  county  business  as  constitu- 
tion and  laws  of  state  confer.      (Tex.  V  18.) 

When  county  has  adopted  township  organization,  the  assessment, 
collection  of  revenue  and  business  of  the  county  and  the  local 
affairs  of  its  several  townships  shall  be  managed  and  trans- 
acted in  manner  prescribed  by  general  law  providing  for  such 
township  organization.      (Wash.  XI  4.) 

Each  county  to  have  county  court  composed  of  three  commis- 
sioners, two  of  whom  shall  be  quorum  for  transaction  of  busi- 
ness; regular  session  to  be  held  each  year  at  times  fixed  and 
entered  of  record  by  the  court;  provision  to  be  made  by  law 
for   holding   special   sessions.      (W.Va.   VIII   22.) 

County  court  to  have,  under  regulations  prescribed  by  law 
"  superintendence  and  administration  of  the  internal  police 
and  fiscal  affairs  of  their  counties,  including  establishment 
and  regulation  of  roads,  ways,  bridges,  public  landings,  ferries 
and  mills,  with  authority  to  lay  and  disburse  the  county 
levies";  to  exercise  and  perform  such  duties  other  than  those 
mentioned  in  constitution  "not  of  a  judicial  nature."  as  pre- 
scribed by  law.      (W.Va.  VITI  24.) 

Tribunals  previously  established  in  any  county  for  "  police  and 
fiscal  purposes"  to  continue  and  such  tribunals  to  act  in  lieu 
of  county  court  provided  for  by  constitution  until  otherwise 
provided  by  law.      (W.Va.  VITI  24.) 

On   application   of   any   county  legislature   to   "reform,   alter,   or 
modify   the  county  court"   established   by   constitution   and    in 
lieu  thereof  with   assent  of   majority  of  voters  voting  af    elec 
tion    create    another    tribunal    for    transaction    of    business    re 
quired   by   constitution   to   be    performed    by    county   court:    in 
such   case  the  provisions   of  constitution   applicable  to  county 
court   to   be   applicable   to    such    other    tribunal    and    latter    to 
continue   to   act   in    lieu   of   county   court  until   otherwise    pro 
vided  by  law.      (W.Va.  VTII  2H.) 


218  State  Constitutions 


COUNTIES   (Cont'd) 
Officebs 

Under  this  subhead  are  digested  only  those  provisions  which  relate 
to  county  officers  generally.     For  provisions  relating   to  any  par- 
ticular officer,  See  the  specific  subhead. 
See  also  Public  Officebs. 

In  General 

Local  or  special  legislation  legalizing  unauthorized  or  invalid 
acts  of  officers  prohibited.      (Ky.  59;  La.  48;  Mo.  IV  53.) 

On  recommendation  of  auditor  or  police  jury  of  any  parish  gov- 
ernor may  suspend  officer  charged  with  collection  or  custody 
of   public  funds  when   in  arrears.      (La.  223.) 

Local  and  special  legislation  regulating  offices,  forbidden.    (Nebr. 

Ill    15.) 

If  prisoner  lawfully  in  custody  be  taken  through  officer's  per- 
mission or  negligence  by  mob  or  suffer  bodily  violence,  officer 
to  be  guilty  of  misdemeanor  and  on  true  bill  found  to  be  de- 
posed pending  trial  and  if  convicted  shall  forfeit  his  office  and 
unless  pardoned  by  governor  not  to  be  eligible  to  hold  any 
office  of  trust  or  profit  in  the  state.      ( S.C.  VI  6. ) 

"  Whenever  practicable,  the  legislature  may  and  whenever  same 
can  be  done  without  detriment  to  the  public  service,  shall 
consolidate  offices  "  and  when  consolidated  "  the  duties  of  such 
additional  office  shall  be  performed  under  an  ex  officio  title  ". 

(Wyo.  XIV  6.) 

All  except  assistant  assessor  of  taxes  to  be  commissioned  by 
governor  before  entering  on  duties,  but  no  commission  to  issue 
until  bond  filed.     (Fla.  VIII  7.) 

Legislature  may  provide  for  commissioning  officers  when  not 
provided  for  by  constitution.      (W.Va.  IX  5.) 

Legislature  to  provide  for   responsibilities  of  officers.      (W.Va. 

IX  6.) 
Accounting  for  Public  Funds 

See  also  below,  this  title,  Cobbupt  Pbactices. 

See  also  below,  this  subdivision,  Fees. 

See  also  below,  this  subdivision,  Qualifications  and  Disquali- 
fications 

See  also   below,   this  subdivision,  Vacancy   in   Office  — >  What 

Constitutes. 
Legislature  to  provide  for  strict  accountability  for  all  fees  col- 
lected   and    public   and    municipal    moneys    paid    to    or    which 
officially  come  into  their  possession.      (Cal.  XI  5;  Ida.  XVIII 

6;  Wash.  XI  5.) 

Person  convicted  of  embezzlement  or  defalcation  of  public  funds 

of  county  not  to  be  eligible  to  any  office  of  honor,  trust  or 

profit  under  state  and  legislature  to  provide  for  punishment 

as  for  felony.     (Cal.  IV  21.) 
Sworn   statement  of,   accompanied   by  vouchers   showing  all   ex- 
penses incurred  and   fees  received,  to  be  filed  at  end  of  each 


Index  Digest  219 


COUNTIES   (Cont'd) 
Officers   {Cont'd) 

Accounting  for  Public  Funds    (Cont'd) 

quarter  with  clerk  of  county  commissioners,  and  to  be  audited 
by  board  of  county   commissioners  as  other   accounts.      (Ida. 

XVIII  7.) 
Neglect  or  refusal  of  officer  or  deputy  to  account  for  and  pay  to 
county  treasury,  fees  received   in  excess  of  actual   and   neces- 
sary expenses  within  10  days  after  his  quarterly  settlement, 
to    be    felony   punishable    as    embezzlement    of    public    funds. 

(Ida.  XVIII  9.) 
No  collector  or  his  assistant  or  deputy  of  taxes  or  public  moneys 
for  county  to  be  eligible  to  legislature  unless  six  months  be- 
fore election  he  obtains  "  quietus  "  for  his  collections  and  all 
public  moneys  for  which  he  is  responsible.  (Ky.  45.) 
Upon  recommendation  of  auditor  or  police  jury  of  any  parish, 
governor  may  suspend  any  officer  charged  with  collection  or 
custody  of  public  funds  when  in   arrears.      (La.   223,   Amend. 

1914.) 
Legislature  to  provide  by  law  for  keeping  of  public  funds  and 
for  their 'supervision  and  audit  by  competent  state  authority 
and  for  uniform  reports  to  such  authority;  such  system  of  ac- 
counts to  provide  for  accurate  records  of  financial  and  other 
transactions  and  for  checks  on  all  receipts  and  disbursements; 
all  public  accounts  and  audit  thereof  to  be  public  records  open 

to   inspection.      (Mich.   X   18.) 

All  executive  and  ministerial  officers  to  make  quarterly  returns 

to  county  court  of  fees  received  and  salaries  paid  to  deputies 

and   assistants,    stating   same   in    detail,   verified   by    affidavit. 

Statement   or   omission   therein   to    subject   them    to   penalties 

for  perjury.      (Mo.  IX  13.) 

Legislature  to  provide  for  accountability  in  respect  both  to  fees 

collected  and  all  public  or  municipal  moneys  paid  to  officers. 

(Pa.  XIV  6.) 
Legislature  to  pass  suitable  laws  for  safe-keeping  of  county 
funds;  persons  charged  therewith  to  give  security,  and  legis- 
lature to  pass  laws  making  embezzlement  thereof  felony,  and 
part  of  punishment  to  be  disqualification  from  holding  office 
of  honor  or  emolument  in  county,  but  this  disability  may  be 
removed  by  two-thirds  vote  of  legislature  on  full  payment 
principal  and  interest  of  sum  embezzled.  (S.C.  X  12.) 
Officers  to  be  required  by  law  to  keep  correct  account  of  fees 
collected  and  to  pay  into  proper  treasury;  and  officer  whose 
duty  it  is  to  collect  such  fees  shall  be  responsible  under  bond 

for  them.      (Utah  XXI  2.) 
Legislature,   to   provide   for   examination   of  books,   accounts   and 
statements  of  county  officers  charged  with   collection   and   dis- 
bursement  public  funds.      (Va.   VII    115.) 
Laws   to  be   "enacted   and   enforced   by   suitable   provisions   and 
penalties"    requiring    sheriffs    and    other    county    officers    who 


220  State  Constitutions 

COUNTIES   (Cont'd) 
Officebs   (Cont'd) 

Accounting  for  Public  Funds    (Cont'd) 

receive  or  whose  duty  it  is  to  receive,  bold,  or  pay  out  money 
for  the  use  of  or  belonging  to  the  state  or  any  county,  district 
or  municipal  corporation  to  make  annual  account  and  settle- 
ment therefor;  such  settlement  to  be  subject  to  exceptions  and 
to  take  such  direction  and  have  such  force  and  effect  as  pro- 
vided by  law.  Settlement  to  be  recorded  and  open  to  examina- 
tion  of   people  at  such   convenient   place   as  may  be   fixed   by 

law.      (W.Va.  VI  27.) 

No   person   who   has     collected    or    been     entrusted   with   public 

money  of  county  to  be  eligible  to  legislature  or  to   any  office 

of  honor,  trust  or  profit  in  the  state  until  he  shall  have  duly 

accounted    for   and   paid   over    such   money   according   to   law. 

(W.Va.   VI    14.) 
"  Being   a  defaulter  "   to  county   renders   ineligible  to  any   office 

of  trust,  profit  or  honor  in  state.     (Wis.  XIII  3.) 
To  be  required  by  law  to  keep  account  of  and  pay  into  proper 
treasury  all  fees  collected,  and  officer  whose  duty  it  is  to  col- 
lect shall  be  made  responsible  under  his  bonds  for  neglect  to 

collect.      (Wyo.  XIV  2.) 
Bonds 

Sureties  to  reside  within  county  in  which  principal  resides  and 
have  sufficient  property  therein  not  exempt  from  sale  under 
execution,  attachment  or  other  court  process  to  make  good 
their  bond;  but  any  surety,  bonding  or  guarantee  company 
organized  for  purpose  of  doing  surety  or  bonding  business  and 
authorized  to  do  business  in  state  may  become  surety  on  such 
bonds  under  regulations  prescribed  by  laAV.  (Ark.  XIX  21.) 
In  case  of  all  except  assistant  assessor  of  taxes  no  commission 
to  issue  until  officer  files  with  secretary  of  state  "  good  and 
sufficient  bond  "  in  such  sum  and  on  such  conditions  as  legis- 
lature by  law  prescribes.  Approved  by  county  commissioners 
of  county   in  which  officer  resides   and  by  comptroller.      (Fla. 

VIII  7.) 
No   county  officer  to    become    surety  on    official    bond   of  other 

county  officer.  (Fla.  VIII  7.) 
Sureties  to  reside  in  and  have  sufficient  visible  and  unencum- 
bered property  not  exempt  from  sale  under  process  to  make 
good  their  liability  in  county  in  which  principal  resides  but 
duly  organized,  responsible  guarantee  or  surety  company, 
foreign  or  domestic,  doing  business  in  state  may  be  accepted 

as  surety.    (Fla.  XVI  13.) 

Such   officers    (in    addition    to   sheriff,    surveyor,   coroner,    jailer 

and  constable)    as  legislature  may  from  time  to  time  require 

shall,  before  entering  on  their  duties  and  as  often  thereafter 

as  may  be  deemed   proper,  give  bond  and   security  prescribed 

by  law.      (Ky.   103,) 


Index   Digest  221 


COUNTIES  (Cont'd) 

Officers   (Cont'd) 
Bonds   (Cont'd) 

Officers  required  by  law  to  give  bond  may   be  required  to  give 
additional    security    on    such    bond    or    to    execute    new    bond. 

(Va.  VII  113.) 
Legislature  may  require  officers  to  give  bonds  for  faithful   dis- 
charge of  duties  of  their  offices.      (W.Va.  IX  5.) 

Compensation 

See  also  beloiv,   this   title.   Finances  —  Expemmi  n;i;s       Extra 

Compensation  to  Officers,  Agents  or  Contractors. 
Legislature  may  by  general  or  local  law,  regulate  fees,  costs, 
commissions,  allowances  or  salary  -to  be  charged  or  received 
by  any  county  officer  of  specified  county  "  including  the 
method  and  basis  of  their  compensation".  (Ala.  IV  96.) 
Salary,  fees  or  compensation  of  civil  officers  not  to  be  increased 
or    diminished    during    term    for    which    elected    or    appointed. 

(Ala.  XVII  281.) 
Officers  to  be  paid  fixed  definite  salaries  and  not  to  receive  fees 

for  their  own  use.      (Ariz.  XXII   17.) 
Where  not  provided  by  law  compensation   to  be  fixed  by  board 
of  supervisors  of  each  county  and   salaries  so   fixed  to  be   in 
effect  until   changed  by  general   law.      (Ariz.  XII   4.) 
Xo   county   officer    to   receive    for    salary,    fees   and    perquisites, 
nil  ire  than  $5,000  "  net  profits  per  annum  in  par  funds  ".    (Ark. 

XIX  23.) 

Legislature    to    regulate    "  in     proportion     to     duties "   for    such 

other  county  officers    ( in  addition  to  the  board  of  supervisors, 

county    clerk     and     sheriff)     as     public     convenience    requires. 

(Cal.  XI  5.) 
(Not  to  be   increased  during  term.      (Cal.   XI  '9;    Mo.  XIV   8.) 
To  be  prescribed  by  law.      (Colo.  XIV  7;   N.D.  X   173;   Pa.  XIV 

5;  S.D.  IX  6.) 
For  purpose  of  regulating  compensation  of  county  and  precinct 
officers,  legislature  shall  by  law  classify  the  counties  accord- 
ing to  population  and  fix  compensation  of  officers  within  re- 
spective classes  according  to  population.  Such  laws  to  estab- 
lish scales  of  fees  to  be  charged  by  such  county  and  precinct 
officers  as  may  be  designated  therein  for  services  performed 
by  them ;  where  salaries  are  provided  for  such  officials,  to  be 
payable  only  out  of  fees  actually  collected  in  all  cases  where 
fees  are  prescribed.  (Colo.  XIV  15.) 
Legislature  to   provide   for   compensation   in   case   of   officers    not 

otherwise  provided  for   by  the  constitution.      (Fla.   Ill   27.) 
All  county  officers  and  deputies  to  receive  as  full  compensation 
fixed  annual  salaries  payable  quarterly  from  county  treasury. 

(Ida.  XV111   7.) 
Compensation    provided    for    in     constitution     to     apply    only    to 
those   officers    hereafter   elected.      (111.   X    11.) 


222  State  Constitutions 

COUNTIES   (Cont'd) 
Officers    (Cont'd) 

Compensation   (Cont'd) 

Outside  of  Cook  county,  county  board  to  fix  compensation,  and 
in  all  cases  where  fees  are  provided  for,  compensation  to  be 
paid  out  of  and  not  to  exceed  fees  actually  collected.  Com- 
pensation from  $1,500  in  counties  not  exceeding  20,000  to 
$4,000  in  counties  exceeding  100,000  and  not  exceeding  250,000, 
and  not  more  than  $1,000  for  each  additional  100,000,  and  not 
to  be  increased  or  diminished  during  term.      (111.  X  10.) 

Local    or     special     laws     regulating,     prohibited.      ( Ind.    IV   22; 

Minn.  IV  33.) 

Not   to    be   changed    after    election    or   during   term.      (Ky.    161; 

Wash.XI   8.) 

Board  of  supervisors  to  have  exclusive  power  to  fix  salaries  of 
all  county  officers  not  otherwise  provided  for  by  law.      (Mich. 

VIII   9.) 

Compensation  of  executive  or  ministerial  officers,  exclusive  of 
salaries  actually  paid  to  necessary  deputies,  not  to  exceed 
$10,000  annually.      (Mo.  IX   13.) 

Legislature  to  classify  counties  and  fix  salaries  at  first  session 
after  adoption  of  constitution.  Officers  not  to  receive  for  own 
use  fees  or  emoluments  other  than  salary  fixed  by  law.     (N.M. 

XL) 

Until  otherwise  provided  by  law  and  when  not  otherwise  pro- 
vided by  constitution,  compensation  to  continue  as  provided  by 
laws  of  territory  for  "  like  named  officers  ".    (Okla.  Sched.  18.) 

All  officers  to  be  paid  by  salary  in  counties  of  over  150,000;  and 
salaries  of  officers  and  clerks,  which  prior  to  constitution  were 
paid  by  fees,  not  to  exceed  aggregate  of  fees  earned  during 
their  term  and  collected  by  or  for  them.      (Pa.  XIV  5.) 

Local  or  special  legislation  fixing  amount  or  manner  of  com- 
pensation forbidden  except  that  laws  may  be  made  so  as  to 
grade  compensation  in  proportion  to  population  and  necessary 
service  required.      (S.C.  Ill  34.) 

Officers  except  constables  to  be  paid  fixed  and  definite  salaries. 

(Utah  XXI  1.) 

Legislature  to  fix  salary  except  for  public  administrators,  sur- 
veyors and  coroners  who  may  or  may  not  be  salaried  officers. 

(Wash.  XI  8.) 

Legislature   to   regulate   compensation    (for   officers    other     than 
those  mentioned  in  the  constitution)    in  proportion  to  duties 
and  for  that  purpose  may  classify  counties  according  to  popu- 
lation.     (Wash.   XI  5.) 

Legislature  to  provide  for   compensation.      (W.Va.   IX  6.) 

To  be  paid  "fixed  and  definite  salaries";  legislature  to  fix,  if 
not  fixed  by  constitution,  and  to  be  "  in  proportion  to  the 
value  of  the  services  rendered  and  the  duty  performed  " ;  does 
not  apply  to  justices  of  peace  and  constables  in  precincts  of 
less  than  1,500  population.      (Wyo.  XIV  1.) 


Index  Digest  223 


COUNTIES   (Cont'd) 
Officers   ( Cont'd ) 

Corrupt  Practices,  Se<    below,  this  title,  I  orbtjpt  I'i:\<  ticks. 
Creation  of  Office 

Local  or  special  legislation  creating  offices,  forbidden.      (Cal.  IV 
25;  Ida.  Ill  19;  Minn.  IV  33;   Mo.  IV  53;  Mont.   V  26;   N.D. 
II  69;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56;  Wyo.  Ill  27.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 
or  appointment  of  other  county  officers  (in  addition  to  boards 
of  supervisors,  sheriffs  and  county  clerks)    as  public  conveni- 
ence requires.     (Cal.  XI  5.) 
Legislature  to  provide  for  election  or  appointment  of  such  other 
officers   than   those   mentioned   in   constitution   as    public   con- 
venience requires.     Their   terms  to   be  prescribed   by    law   but 
not  to  exceed  two  years.      (Colo.  XIV   12.) 
Legislature   authorized   to   create   additional   statutory  offices   in 
specified   new  counties   created  by  amendment  and  to   provide 
by  law  for  filling  such  offices.     (Ga.  XI  Sec.  I  2.) 
Legislature  not  to  establish   any  offices  except  those  mentioned 

in  the  constitution.      (Ida.  XVIII  6.) 
Such  officers  as  may  be  necessary  other  than  those  mentioned  in 
constitution,  to  be  elected  or  appointed  as  prescribed  by  law. 
(Ind.  VI  3;   N.D.  X   173;  Ore.  VI  7.) 
Legislature  to  provide   for   such    officers    as    may   be  necessary. 
(Kan.  IX  2;  Minn.  XI  4;  Nebr.  X  4;  Ohio  X  1;  Wyo.  XII  5.) 
Legislature  to  provide  for  election  or  appointment  of  such  min- 
isterial  or   executive  officers  as  may  be  necessary  other  than 
those   mentioned   by   constitution.      (Ky.    107.) 
Except  as  otherwise  provided  by  constitution  legislature  to  pro- 
vide for  election  or  appointment  of  such  officers  as  public  con- 
venience may  require.      (Mo.  IX  14.) 
Legislature   may   provide   for   election   or    appointment   of   such 
'  officers  other  than  those  mentioned  in  constitution  as  public 

convenience  may  require.      (Mont.   XVI   6.) 
There  shall  be  such  officers  (in  addition  to  specified  list)   as  may 

be  established  by  law.      (Pa.  XIV  1.) 
Legislature  to  provide  by  general  law  for  such  as  may  be  neces- 
sary.    (S.D.  IX  6.) 
Deputies  and  Assistants 

Legislature    to    provide    by    general    laws    for    appointment    of 

deputies  and   assistants.      (W.Va.   IX  6.) 
Legislature   to   provide  by   general   laws  for   such   deputies   and 
assistants  as  public  necessities  may  require,  and  fix  their  com- 
pensation.    (Wyo.  XIV  4.) 

Election 

See  Elections. 

See  below,  this  subdivision.  Selection. 

For  special  provisions  as  to  votes  of  soldiers  absent  from  state, 

See  Elections  —  Absent  Electors. 
For  provisions  as  to  registration  of  voters,  See  Elections. 


224  State  Constitutions 


COUNTIES   (Cont'd) 
Officers   {Cont'd) 
Expenses 

Actual  and  necessary  expenses  incurred  by  county  officers  or 
deputies  in  performance  of  official  duties  to  be  legal  charge 
against    county    and    may    be    retained    out    of    fees.      (Ida. 

XVIII  7.) 

Outside  of  Cook  county,  county  board  to  fix  amount  of  necessary 
clerical  hire,  stationery,  fuel  and  other  expenses.     (111.  X  10.) 
Fees 

See  also  above,  this  subdivision,  Accounting  for  Public  Funds. 

See  also  above,   this  subdivision,  Compensation. 

Sums  in  excess  of  amount  authorized  for  compensation  to  officers 
to  be   paid   into   county  treasury   as  directed  by   "  appropriate 

legislation".    (Ark.  XIX  23.) 

Officers  not  to  receive  fees  for  their  own  use.      (Ariz.  XXII  17.) 

Legislature  to  establish  fees  to  be  collected  by  such  other  county 
officers  as  public  convenience  requires  (in  addition  to  the 
board  of  supervisors,  sheriff  and  county  clerk )  for  services 
performed,  "  in  the  manner  and  for  the  uses  provided  by  law, 
and  for  this  purpose  may  classify  the  counties  by  population  ". 

(Cal.  XI  5.) 

Fees,  perquisites  and  emoluments  in  excess  of  the  amounts  al- 
lowed for  salaries  of  officers  to  be  paid  into  county  treasury. 

(Colo.  XIV  15.) 

Excess  over  actual  and  necessary  expenses  to  be  turned  over  to 
county  treasurer  at  end  of  each  quarter.     (Ida.  XVIII  7.) 

Fees  to  be  uniform  for  each  class  of  county  officers  in  the  class 
of  county  to  which  they  respectively  belong.      (111.  X  11.) 

All  fees  in  excess  of  compensation  paid  therefrom  to  be  paid 
into  county  treasury.      (111.  X   10.) 

Those  established  by  special  laws  to  cease  at  adoption  constitu- 
tion and  only  those  provided  by  general  laws  to  be  thereafter 
received;  all  laws  fixing  fees  to  terminate  within  time  fixed 
after  adoption  constitution,  and  legislature  shall  by  general 
law,  uniform  in  its  operation,  provide  for  and  regulate  such 
fees  "  so  as  to  reduce  the  same  to  a  reasonable  compensation 
for  services  actually  rendered";  legislature  may,  by  general 
law,  classify  counties  by  population  into  not  more  than  three 
classes  and  regulate  fees  according  to  class.      (111.  X  11,  12.) 

Constitution  not  to  be  construed  to  deprive  legislature  of  power 
to  reduce  fees  of  officers.      (111.  X  12.) 

To  be  regulated  by  law.      (Ky.  106.) 

Local  or  special  legislation  fixing  or  relating  to  fees  forbidden. 

(Minn.  IV  33.) 

Legislature  "  by  a  law  uniform  in  its  operation  "  to  provide  for 
and  regulate  fees  of  all  county  officers,  and  for  this  purpose 
may  classify   counties  by   population.      (Mo.   IX   12.) 

Officers  not  to  receive  for  their  own  use  fees  or  emoluments  other 
than  salary  fixed  by  law.      (N.M.  XI.) 


Index    !>i..i>i  2%6 


COUNTIES   {Cont'd) 
Officers    (Cont'd) 
Fees   [Cont'd) 

To  be  collected  and  paid  into  county  treasury.      i.N.M.    X    1.) 
Officers  paid  by  salary  to   pay  foes  to  Mate  or  eountj    treasurer 

as  directed  by  law.      (Pa.   XIV  5.) 
Fees  of  Philadelphia  prothonotary  to  be   paid,  except   those  due 

state,  into  county   treasury.      (1'a.  Y  7.) 
Fees    of   magistrates'   courts     in    Philadelphia    to     be     paid    into 

county   treasury.      (  Pa.   V    13.) 
Otlicers  to  be  required  by  law  to  pay  fees   into   proper  treasury 

and  to  be  responsible  under  bond  for  them.      (Itali  XXI  2.) 
Officers  to  be  required  by  law  to  pay  fees  into   proper   treasury 
and  to  be  responsible  under  bond  for  neglect  to  collect.     (Wyo. 

XIV  2.) 
Impeachment 

See  beloic,  this  subdivision,  Removal. 

See  Impeachment. 
Oath  of  Office 

Before  entering  on  duties,  officer  to  take  and  subscribe  oath  in 
form  and  content  given  in  constitution.      (Ark.  XIX  20.) 

Oath  in  form  prescribed  to  be  taken  before  entering  upon  duties; 
to  be  administered  by  county  clerk;  false  swearing  or  viola- 
tion of  oath  to  constitute  perjury  and  to  disqualify  from  hold- 
ing office  of  trust  or  profit  within  state.      (Okla.  XV  1,  2.) 

Required  to  take  and  subscribe  oath  in  form  prescribed.  Ad- 
ministered by  person  authorized  to  administer  oaths  and  filed 
in  prothonotary's  office.  False  swearing  or  affirming  in  viola- 
tion of,  shall  be  perjury  and  conviction  to  disqualify  forever 
from    holding   any   office   of   trust    or    profit   within    the   state. 

(Pa.  VII  1.) 
Place  of  Office 

To  keep  office  at  such  place  in  county  as  required  by  law.  (Ark. 
XIX  4;  Ind.  VI  6;  Ky.  234;  Ore.  VI  8;  Tex.  XVI  14.) 

To  keep  office  at  county  seat.      (Fla.  XVI  4;  Mont.  XIX  6;  Nev. 

XV  7.) 
Powers  and  Duties 

Special  and  local  legislation  prescribing  powers  and  duties  for- 
bidden. (Cal.  IV  25;  Minn.  IV  33;  Mo.  IV  53;  Mont.  V  26; 
N.P.  II  69;  Okla,  V  46;  Pa.  Ill  7;  Tex.  Ill  56;  Wyo.  Ill  27.) 

Legislature  to  prescribe  by  general  and  uniform  laws  for  powers 
and  duties  of  such  other  county  officers  (in  addition  to  board 
of  supervisors,  sheriff  and  county  clerk)    as  public  convenience 

requires.      (C'al.  XI   5.) 

Legislature  may  provide  by  general  laws  for  performance  by 
county  officers  of  certain  municipal  functions  of  incorporated 
towns  when  majority  of  electors  of  such  towns  voting  at 
general  or  special  election  so  determine.      (Cal.  XI   6.) 

Legislature  to  provide  for  powers  and  duties  in  case  of  officers 
not  otherwise  provided  for  by  the  constitution.     (Fla.  Ill  27.) 

8 


226  State  Constitutions 


COUNTIES   (Cont'd) 
Officers   (Cont'd) 

Powers  and  Duties  (Cont'd) 

To  be  prescribed  by  law.      (Ida.  XVIII   11;   Ind.  VI  6;   N.D.  X 

173;   Ore.  VI  8;   S.D.  IX  6;   W.Va.  IX  6.) 
Special   and   local   legislation   prescribing   powers    and   duties   of 

officers  forbidden.      (Ida.  Ill   19.) 
Legislature  may  confer  on  "  boards  doing  county  business  in  the 
several  counties,  powers  of  a  local  administrative  character  ". 

(Ind.  VI   10.) 
Except  as  otherwise  provided  by  constitution  powers  and  duties 

to  be  as  prescribed  by  law.      (Mo.  IX   14.) 
Until  otherwise  provided  by  law  and  when  not  otherwise  provided 
by  constitution,  powers  and  duties  to  continue  as  provided  by 
laws  of  territory  for  "  like  named  officers  ".     (Okla.  Sched.  18.) 
Duties  to   be  prescribed  by  legislature    (other  than   those   men- 
tioned  in  constitution).      (Wash.   XJ   5.) 
Qualifications  and  Disqualifications 

See  also  above,  this  subdivision,  Accounting  fob  Public  Funds. 
See  also   below,  this  title,  Corrupt  Practices. 
In  General 

No  person  eligible  to  any  county  office  unless  he  be  qualified 
elector  nor  unless  he  has  resided  in  county  one  year  pre- 
ceding election.  (Colo.  XIV  10.) 
No  person  to  be  elected  or  appointed  to  "  office  within  a 
county  "  unless  he  has  right  to  vote  for  member  lower 
house  of  legislature  and  has  been  resident  in  county  one 
year  next  preceding  election  or  appointment,  unless  other- 
wise provided  in  constitution.  (Del.  Ill  11.) 
Not  to  be  eligible  unless  resident  of  county  for  two  years 

and  a  qualified  voter.      (Ga.  XI  Sec.  II   1.) 
Elector  of  the  county  and  inhabitant  thereof  during  one  year 
preceding  election   or   appointment,   or   if   county  not  or- 
ganized for  one  year  then  an  inhabitant  within  the  limits 
of  the  county  or  counties  out  of  which  the  new  county 

was  erected.  (Ind.  VI  4.) 
Must  be  citizen  of  state  and  be  qualified  elector  of  state, 
and  parish  wherein  functions  of  office  to  be  performed; 
change  of  residence  from  place  thus  required  to  vacate 
office  "  any  declaration  of  retention  of  domicile  to  the 
contrary  notwithstanding".  (La.  210.) 
To  be  residents  of  the  political  subdivision  for  which  elected 

or  appointed.      (N.M.  V  13.) 

Until    otherwise    provided    by   law    and    when    not    otherwise 

provided    by    constitution,    qualifications    to    continue    as 

provided   by   laws  of  territory  for   "  like  named  officers ". 

(Okla.  Sched.   18.) 

False  swearing  in   or  violation  of  oath  of  office  disqualifies 

person    from   holding  any  office   of  trust  or   profit  within 

state.      (Okla.  XV  12;  Pa.  VII  1.) 


Index  Digest  227 


lOUNTIES   {Cont'd) 
Officers   (Cont'd) 

Qualifications  and  Disqualifications    (Cont'd) 
In  General  (Cont'd) 

Elector  of  county    (at  time  of  election).      (Ore.  VI  8.) 

Citizen  or  inhabitant  of  county  one  year  Before  appointment; 
or  if  county  established  less  than  one  year  then  citizen 
or  inhabitant  within  the  limits  of  the  counties  out  of  which 
the  new  county  was  formed.     (Pa.  XIV  3.) 

No  election  officer  to  be  eligible  to  any  office  filled  at  elec- 
tion at  which  he  serves,  except  "  such  subordinate,  munic- 
ipal or  local  officers  below  the  grade  of  city  or  county 
officers  as  shall  be  designated  by  law  *'.      (Pa.  VIII   15.) 

To  be   electors  of   counties   in   which   elected.      (S.D.   IX   7; 

W.Va.  IV  4.) 

Every  person  qualified  to  vote  to  be  eligible  to  office  in  the 
county  where  he  resides  except  as  otherwise  provided  in 
the  constitution  and  except  that  this  does  not  apply, 
as  to  residence,  to  office  elective  by  people  where  law  pro- 
vides otherwise.      (Va.  II  32.) 

Commissioners  of  county  court  to  judge  of  qualifications  of 
their  own  members  and  of  all  county  and  district  officers, 
subject  to  regulations  by  appeal  or  otherwise  as  provided 

by  law.      (W.Va.  VIII  24.) 
Dual  Office  Holding 

Xot  eligible  to  serve  as  election  officer.      (Ark.  Ill   10.) 

County  school  officers  and  commissioners  of  deeds  may  be 
elected  or  appointed  to  any  legislative,  executive  or  judicial 

office.      (Fla.  XVI  15.) 

No  state  officer  or  deputy  or  member  of  legislature  to  be 
officer  of  county;  but  notary  public  or  officer  of  militia 
not  to  be  ineligible.      (Ky.   165.) 

Not  eligible  to  hold  seat  in  legislature;  except  officers  elected 

by  townships.      (Mich.  V  6.) 

In  cities  or  counties  having  more  than  200,000  inhabitants  no 
person  to  be  at  same  time  state  officer  and  officer  of  county, 
city  or  other  municipality,  and  no  person  at  the  same 
time  to  fill  two  municipal  offices  either  in  the  same  or 
different  municipalities,  but  this  does  not  apply  to  notaries, 
justices  or  officers  of  militia.      (Mo.  IX   IS.) 

Person  holding  office  of  trust  or  profit  under  county  not 
eligible  to  legislature.      (N.M.   IV   3.) 

No  person  holding  "  office,  appointment  or  employment  "  in 
or  under  "  any  city  or  county  board,  commission,  or  trust  " 
therein  (except  justices  of  the  peace  and  aldermen)  to 
be  qualified  to  serve  as  election  officer  until  two  months 
after  expiration  of  such  office  or  appointment,      i  l'a.  VII I 

15.) 

Persons  holding  elective  office  of  trust  or  profit  not  to  be 
appointed  to  election  office.      (Va.  II  31.) 


228  State  Constitutions 

COUNTIES   (Cont'd) 
Officers   (Cont'd) 
Removal 

See  also   below,   tliis   subdivision,  Vacancy  in  Office  —  What 

Constitutes. 

All  other  county  officers  ( in  addition  to  the  tax  collector,  tax 
assessor,  treasurer,  superintendent  of  education,  coroners  and 
constables)  may  be  removed  by  circuit  or  other  court  of  like 
jurisdiction  or  criminal  court  of  county  in  which  such  officers 
hold  office  as  prescribed  by  law,  provided  that  right  to  jury 
trial  and  appeal  be  secured.  Grounds  for  removal:  "Wilful 
neglect  of  duty,  corruption  in  office,  incompetency,  or  intem- 
perance in  the  use  of  intoxicating  liquors  or  narcotics  to  such 
an  extent,  in  view  of  the  dignity  of  the  office  and  the  im- 
portance of  its  duties,  as  unfits  the  officer  for  the  discharge  of 
such  duties,  or  for  any  offense  involving  moral  turpitude  while 
in  office  or  committed  under  color  thereof  or  connected  there- 
with." Penalty  not  to  extend  beyond  removal  and  disqualifi- 
cation from  holding  office  under  authority  of  state  for  the  term 
for  which  such  officer  was  elected  or  ajmointed,  but  accused  to 
be    liable   to    indictment   or    punishment    as   described   by    law. 

(Ala.  VII  173,   175,*  176.) 

Circuit  court  to  have  jurisdiction  "  upon  information,  presenta- 
tion or  indictment  to  remove  any  county  *  *  *  officer  from 
office  for  incompetency,  corruption,  gross  immorality,  criminal 
conduct,   malfeasance,   misfeasance    or   non-feasance    in    office ". 

(Ark.  VII  27.) 

To  be  removed  on  conviction  for  malpractice  in  office.      (Ga.  XI 

Sec.    II    1.) 

May    be    impeached    or    removed    in    manner    prescribed   by    law. 

(Ind.    VI    8.) 

In  such  manner  and  for  such  cause  as  prescribed  by  law.      (Kan. 

IX  5 ;  Ohio  X  6. ) 

District  court  of  domicile,  of  officer  (in  parish  of  Orleans  civil 
district  court)  may  remove  for  high  crimes  and  misdemeanors, 
non-feasance  or  malfeasance  in  office,  for  incompetency,  cor- 
ruption, favoritism,  extortion  or  oppression  in  office,  or  for 
gross  misconduct  or  habitual  drunkenness.      (La.  222,  217.) 

The  district  attorney  may  institute  suit  and  shall  institute  such 
suit  on  written  request  of  25  resident  citizens  and  taxpayers 
who  may  enforce  request  by  mandamus;  all  parties,  including 
petitioning  taxpayers,  authorized  to  appeal;  if  officer  acquitted 
petitioning  citizens  liable  to  cost;  detailed  provisions  for 
preference  on  appeal;  pending  suit  not  to  operate  as  sus- 
pension of  accused  officer.      (La.  222.) 

Legislature  may  authorize  governor  to  remove  under  regulations  I 

prescribed  by  law.      (Miss.  V  139.) 

Legislature  to  provide  in  addition  to  other  penalties  for  removal 
of  on  conviction  of  willful,  corrupt  or  fraudulent  violation  or, 
neglect   of    official   duty.      (Mo.    XIV   7.) 


I..\ mix    Digest  229 


10UNTIES   (Cont'd) 
Officers   {Cont'd) 
Removal   (Cont'd) 

May  be  removed  by  judges  of  district  court  for  incompetency, 
official  misconduct,  habitual  drunkenness  or  other  causes  de- 
fined by  law  on  written  s'tatemeni  of  cause  "and  the  finding 
of  its  truth  by  a  jury".  (Tex.  V  24.) 
Subject  to  indictment  for  malfeasance,  misfeasance  or  neglecl  of 
official    duty,    and    conviction    therefor     renders    Office    vacant. 

(W.Va.   IX   4.) 

Governor  may  remove  on  giving  copy  of  charges  ami  opportunity 

to    be    heard.       (Does    not    apply    to    judicial    officers.)       Wis. 

VI  4.) 
Residence 

To  reside  in  county.      (Ark.   XIX  4;   Ind.  VI  ti;    Ky.  234;   Tex. 

XVI    14.) 

Xot  to  hold  office  to  which   elected  or  appointed   longer  than  he 

continues  to    reside    in    county,    unless   otherwise    provided    by 

constitution.     (Del.  Ill  11.) 
Rotation  in  Office 

Serving   two    consecutive   terms   in    county   office   to    render    in- 
eligible to  hold  "  any  county  office  "   for  two  years  thereafter. 

(N.M.  X  2.) 
Xo  county  officer  "  eligible  to  hold  his  office  more  than  two  terms 

in  succession".      (Wash.  XI  7.) 
Selection 

To  be  elected  by  qualified  voters  of  each  county.      (Ark.  VII  4u.) 
Local  or  special   laws  regulating  election,  prohibited.      (C'al.   IV 

25;  Ida.  Ill  1!);   Ind.  IV  22;  Xev.  IV  20.) 
Legislature  to  provide  by  general  and   uniform  laws  for  election 
or  appointment 'of   such   other   county   officers    (in   addition  to 
boards   of   supervisors,   sheriffs   and    county  clerks)    as   public 
convenience  requires.      (C'al.   XI   5.) 
Legislature  to  provide  for  election  or  appointment  of  such  other 
than  those  mentioned  in  constitution  as  public  convenience  re- 
quires.    Their  term  to  be  prescribed  by  law  but  not  to  exceed 
two  years.      (Colo.  XIV  12.) 
Legislature  to  provide  for  election  by  people  or  appointment   by 
governor  of  those  not  otherwise  provided   for  by   constitution. 

(Fla.    ill    27.) 
To  be  elected  by  qualified  voters  of  respective  counties  or  districts. 

(Ga.    XI    Sec.    ill.) 
Legislature   authorized   to   provide    for    filling    offices    created    by 

law.      (Ga.   XI   Sec.    1   2.i 

Such  officers  as  may  be  necessary  other  than  those  mentioned  in 

constitution  to   lie  elected  or   appointed   as  prescribed   by   law. 

(Ind.   VI    3;    X.D.   X    173:    Ore.   VI   7.) 

Officers  to   be   elected   or   appointed    in    such    \\a\    as    legislature 

prescribes.      (Applies  to  new  counties.)       (L'y.    102.) 


230  State  Constitutions 


COUNTIES   (Con I'd) 
Officers   (Cont'd) 
Selection   (Cont'd) 

Legislature  to  provide  for  election  or  appointment  of  such 
ministerial  or  executive  officers  as  may  be  necessary  other 
than  those  mentioned   by   constitution.      (Ky.    107.) 

Local  or  special  legislation  regulating  the  mode  of  election  or 
appointment   forbidden.      (Minn.  IV  33.) 

"All  other  officers  exercising  local  jurisdiction "  in  counties  to 
be  selected  in  manner  provided  by  law.  (In  addition  to 
coroner,  treasurer,  assessor,  surveyor,  clerk  of  court,  members 
of   board   of   supervisors.)       (Miss.   V    138.) 

Except  as  otherwise  provided  by  constitution  legislature  to 
provide  for  election  or  appointment  of  such  officers  as  public 
convenience  may  require.      (Mo.  IX  14.) 

Legislature  may  provide  for  election  or  appointment  of  such 
officers  other  than  those  mentioned  in  constitution  as  public 
convenience  may  require.      (Mont.   XVI   6.) 

If  not  provided  for  by  constitution  officers  shall  be  elected  by 
county  electors  or  appointed  by  board  of  supervisors  or  other 
county  authorities  as  legislature  directs.      (N.Y.  X  2.) 

To  be   elected   by   county   electors   in  manner  provided  by   law. 

(Ohio  X  2.) 

Offices  created  by  legislature  not  to  be  filled  otherwise  than  by 
the  "people  or  the  county  court".      (Tenn.  XI  17.) 

Legislature  to  provide  by  general  and  uniform  laws  for  the 
election  of  such  officers  (in  addition  to  boards  of'  county 
commissioners,  sheriff,  county  clerk,  treasurer,  prosecuting 
attorney)   as  public  convenience  may  require.      (Wash.  XI  5.) 

Vote    of    any    "  county      *      *  body "    on    elections   to    any 

office  to  be  viva  voce  and  entered  on  journals.     (W.Va.  VI  44.) 

To  be   elected  by   county   electors.      (Does   not   include   judicial 

officers.)       (Wis.  VI  4.) 

When  election  or  appointment  not  provided  for  by  constitution 
officers    shall    be    elected    by    the    electors    of    the    respective 
counties  or  appointed  by  boards  of  supervisors  or  other  county 
authorities  as  legislature  directs.      (Wis.  XIII  9.) 
Term 

Two  years.     (Ariz.  VII  11:  Minn.  VII  9;  N.M.  X  2;   Wash.  VI 

8;   Wis.  XIII  1.) 

Not  to  be  extended  beyond  period  for  which  elected  or  appointed. 
(Cal.  XI  9;   Ky.   161;   Mo.  XIV  S;   Wash.   XI  8.) 

Unless  otherwise  provided  in  the  constitution  term  begins  first 
Tuesday  in  January  next  after  election.      (Del.  Sched.  S.) 

Unless  otherwise  provided  term  begins  first  Tuesday  after  first 
Monday  January   after   election.      (Fla.   XVIII    14.) 

To  continue  in  office  until  successors  duly  qualified.      (Fla.  XVI 

H.) 

Two   years   till   January    1,    1917;    then    four   years.      (Ga.    XI 

Sec.  II  1.) 


Index  Digest  231 


COUNTIES   (Cont'd) 
Officers   (Cont'd) 
Term   (Cont'd) 

Two  years  and  until  successors  are  qualified;  except  specified 
county  commissioners.      (Kan.  IV  2.) 

Legislature  authorized  to  provide  for  election  or  appointment 
of  "  ministerial  or  executive  officers  "  other  than  those  men- 
tioned in  the  constitution  for  terms  not  exceeding  four  years. 

(Ky.  107.) 

In  New  Orleans  parochial  officers  to  begin  term  first  Monday 
in    December   following    election   until   otherwise   provided   by 

law.     (La.  207.) 

Terms  begin  January  1st,  after  election  except  as  otherwise 
provided  by  law.      (Mich.  XVI   1.) 

Except  as  otherwise  provided  by  constitution  term  to  be  as 
prescribed  by  law  but  not  to  exceed  four  years.     (Mo.  IX  14.) 

Term  to  be  prescribed  by  law  but  not  to  exceed  two  years  ex- 
cept as  otherwise  provided  by  the  constitution.      (Mont.  XVI 

6.) 

Term  begins  first  Thursday  after  first  Tuesday  in  January  next 
succeeding   election.      (Nebr.   XVI    14.) 

Term  begins  January  1st  next  after  election;  except  those 
elected  to  fill   vacancies.      (N.M.  XX   3.) 

In  New  York,  Kings  and  counties  coterminous  with  cities, 
terms  end  at  end  of  odd  numbered  year.      (N.Y.  XII  3.) 

As  provided  by  law  not  exceeding  three  years.      (Ohio  X  2.) 

Such  even  number  of  years  not  exceeding  four  as  may  be 
prescribed  by  legislature.      (Ohio  XVII   2.) 

Until  otherwise  provided  by  law  and  when  not  otherwise  pro- 
vided by  constitution  term  to  continue  as  provided  by  laws 
of   territory   for   "like   named   officers".      (Okla.    Sched.    18.) 

Four  years,  beginning  first  Monday  in  January  after  election 
and  until   successors  qualify.      (Pa.  XIV  2.) 

To  begin  January  first  next  succeeding  election;  continue  for 
four  years  except  county  clerk  who  shall  hold  office  for  eight 

years.      (Va.  VII  112.) 

Terms  to  be  fixed  by  legislature    (other  than   those  mentioned 

in  constitution).     (Wash.  XI  5.) 

Two  years.     (Does  not  apply  to  judicial  officers.)      (Wis.  VI  4.) 

In  case  of  officers  elected  at  general  election  term  begins  first 
Monday  of  January  following  election  "  or  as  soon  thereafter 
as  may  be  possible  ".      ( Wyo.  VI  Elections  5. ) 

Vacancies 

Hoiv  Filled 

In  any  office  other  than  county  commissioner  or  in  any 
precinct  office,  board  of  commissioners  to  fill  by  appoint- 
ment and  person  appointed  to  hold  until  next  general 
election   or  until  vacancy  filled  by  election   according  to 

law.     (Colo.  XIV  9.) 


232  State  Constitutions 

COUNTIES   (Cont'd) 

Officers    (Cont'd) 

Vacancies   (Con I'd) 

Jloir  Filled    (Cont'd) 

To   be   filled   in    manner    prescribed   by   law.      (Ind.   VI    9; 

Ore.  VI  9.) 
Legislature  may  authorize  governor  to  appoint  under  regu- 
lations  prescribed  by  law.      (Miss.   V    139.) 
Except    in    office    of    county    commissioner,    to    be    filled    by 
appointment  by  board  of  county  commissioners;  appointee 
to  hold   till   next  general  election.      (Mont.   XVI   5.) 
When  not  otherwise  provided   for,  to  be  filled  as  provided 

by  law.     (Pa.  XIV  2.) 

Board  of  county  commissioners  to  fill   by  appointment   and 

appointees  to  hold  until  next  general  election   and  until 

successors  qualify.      (Wash.  XI  6.) 

Filled  by  appointment  and  appointee  to  hold  for  unexpired 

portion    of    term    and    until    successor    qualifies.       (Wis. 

VI  4.) 
What  Constitutes 

Failure    to    give    bond    and    qualify    within    60    days    after 

election  renders  office  vacant.      (Fla.  VIII  7.) 
Acceptance  of  free  pass  or  reduced  rates  from  common  car- 
riers involves  forfeiture  of  office.      (Ky.  197.) 
Change  of  residence  from  place  required  as  qualification  for 

office  renders  office  vacant.      (La.  210.) 
Acceptance    of    free    or    discounted   passes    or    tickets    from 
railroad    or    other    transportation    company    to    work    for- 
feiture of  office.      (Mo.  XII  24.) 
Refusal   to  take  oath  of  office  forfeits  office.      (Okla.  XV   1, 

2;   Pa.  VII   1.) 

Failure   to   reside   in    county   of  which   he   is    an   officer   and 

keep  office  at   such  place  as  required  by  law  renders  office 

vacant.      (Tex.   XVI    14.) 

Failure  to  give  additional  security  or  to  execute  new  bond 

when  required  by  law,  office  to  be  declared  vacant.      (Va. 

VII    113.) 
Conviction  for  malfeasance,  misfeasance  or  neglect  of  official 
duty   lenders  office  vacant.      (W.Va.   IX    4.) 
Miscellaneous  Offj <  'Kits 

Aldermen,  8e;e  ('urnis  —  Justices  of  Peace. 
Elisor 

Elisors  may  be  appointed  for  each  county  and  the  city  of  Balti- 
more in  the  manner,  for  the  purpose  and  with  the  powers  now 
fixed,  or  which  may  hereafter  be  prescribed  by  law.      (Md.  IV 

Pt.  VII  45.) 
High  Bailiff 

Elected  by  freemen  of  their  respective  counties  biennially  on 
first   Tuesday   after   first   Monday   in  November.      (Vt.   Ch.   2 

Sec.  35,  45.) 


I  MM   \      I  Mi:  I  -  I  233 


COUNTIES  {Cont'd) 

Miscellaneous  Officers    (Cont'd) 
High  Bailiff  (Cont'd) 

To  give  security  to  county  treasurer  in  manner  and  sums  pro- 
vided by  legislature  before  entering  upon  duties.      (Vt.  Ch.  2 

Sec.  25.) 
Inspector  or  Measurer 

County   may    appoint    officers    for    inspection    or    measuring    of 
merchandise,  manufactures  or  commodities  whin  authorized  by 

law.      (Ala.   IV   77;    Pa.   Ill   27.) 
Jailer 

To  be  elected  in  each  county;  but  legislature  may  consolidate  in 

counties   where   it   is    deemed    expedient    with   office   of    sheriff 

and  latter  to  perform  duties  of  both  offices.      (Ky.  90.   105.) 

Before  entering  on  duties  and  as. often  as  may  be  deemed  proper, 

shall  give  bond  and  security  prescribed  by  law.     (Ky.  103.) 
In  counties  having  population  of  75,000  or  more  to  be  paid  out 
of  state  treasury  salary  fixed  by  law;  but  salary  of  jailer  and 
his   deputies   and   necessary   office   expenses   not   to   exceed   75 
per    cent,    of    fees   collected   by   him    and    paid    into   treasury. 

(Ky.  106.) 
Must   be   24   years   of   age   at   time  of   election;    citizen   of  Ken- 
tucky;  resident   of  state  two  years  and  in  county  or  districl 
in  which  he  is  candidate  one  year  next  preceding  the  election. 

(Ky.  100.) 
Term  to  commence  January   1st  next  after  election  and  to  con- 
tinue for  four  years,  and  until  successor  qualifies.      (Ky.  99.) 
Subject  to  indictment  for  misfeasance  or  malfeasance  in  office  or 
wilful  neglect  of  duties  in  manner  prescribed  by  law;   convic- 
tion  to  vacate   office;    but   officer  to   have   right   to   appeal   to 

court    of    appeals.       (Ky-    227.) 
Liner 

Private,    local    or    special    legislation    "  declaring   who    shall   be 
liners    between     precincts     or     between     counties "     forbidden. 

(Ala.  IV  104.) 
Marshal 

In  counties  having  population  of  75.000  or  more,  marshal  to  be 
paid  out  of  state  treasury  by  salary  fixed  by  law,  but  salary 
of  such  officer  and  his  deputies  and  necessary  office  expenses 
not  to  exceed  75  per  cent,  of  fees  collected  by  him  and  paid 
into  the  treasury.  (Ky.  106.) 
Ordinary 

Term   four   years   and   until    successor   qualities.      (Ga.    VI    Sec. 

VI  3.) 
President  of  County  Court 

Commissioners  of  county  court  to  elect  one  of  their  number  as 

president.      (YV.Va.    VIII    23.) 

To  be  conservator  of   peace  throughout  county.    (W.Va.    IX   7.) 

Subject  to  indictment  for  malfeasance,  misfeasance  or  neglect   of 

official    duty,    and    conviction    therefor    renders    office    vacant. 

(W.Va  1X4.) 


284  S  .  .1  b  ( '<> - rmmo 

COUNT Ih\     '„,./>/, 

MISCELLANEOUS  OFFICERS    {Cont'd) 
Ranger 

To  i>e  elected  in  each  county  \>y  justices  oi  the  peace.     (Tenn. 

VII    I. J 
J  i  rm   two  ye.'jr  ■        '  I  i  nn.    VII    1.) 

May  be  removed  for  malfeasance  or  neglect  of  duty  in  manner 
prescribed  by  law.     (Tenn.  Vff  J.j 
Commissioners  of  Revenue 

To  be  elected  by  qualified  voters  of  each  county  for  four  yeai 
number,  duties   and   compensation    to   be   prescribed    by   law. 

(Va.    VI  [    110.) 
Not  to  hold  office  of  county  treasurer,  sheriff,  attorney  for  the 
commonwealth,  county  clerk,  superintendent  of  poor,  county 
surveyed  oi  supervisor.     (Va.  VII  113.) 
Not  to  be  membei  of  legislature,  and  qualification  as  such  mem- 
ber  to  vacate  office-.     (Va.  IV  44.) 
Road  Commissioner 

Legislature  may  provide  for  appointment  or  election   of,  with 
powers  and  duties  as  prescribed  by  law.     (Mich.  VIII  20.) 
Commissioner  of  Roads  and  Revenues 

Legislature  may  provide  foi   appointment  in  any  county.     (Ga. 

XI  Sec.    Iff    I. J 

Sergeant 

N'oi,  to  be  a  member  of  legislature,  and   qualification   as  such 
member  to  vacate  office^     (Va.  iv  44.) 
Overseer  of  Poor 

To  be  appointed  by  county  court,.     (W.Va.  IX  2.) 
Superintendent  of  Poor 

One  to  be.  appointed  in  each  county  in  manner  provided  by  law. 

(Va.   Vff    110.) 
Not  to  hold  Office  of  county  treasurer,  sheriff,  attorney   for  com- 
monwealth,  county    clerk,    commissioner    of    revenue,    county 
surveyor  or  supervisor.     (Va.  VII   113.) 
Superintendent,    of   Road3 

Office  created.  To  be  elected  by  qualified  electors  in  each  organ- 
ized county  subject  to  change  by  law.    Term  tWO  yearn,   f  Ariz. 

XII  3.) 
Qualifications  and  powers  and  duties  to  be  as  prescribed  by  law. 

(Ariz.    XII    4.) 

Trustee 

One  to  be  elected   In  each  county  by  qualified  voters.     (Tenn. 

VII    1.) 

Term  two  years.     (Tenn.  VI!  I.) 

Vacancy  occurring  subsequent  to  an  election  to  be  filled  by 
justices  until  successor,  elected  by  qualified  electors  at  the 
first,  election  for  any  county  officers,  qualifies.  (Tenn.  VII  2.) 
Wreck  Master 

Qualified  roters  of  specified  county  (Worcester)  to  eled  first 
Tuesday  after  first  Monday  November,   1867,  and  every  two 


Ini>!  x    1 1  235 


COUNTIES   [Cot  fd 

MlSCKLLANBOTJS   OFFH  BBS       ' 

Wreck  Master  [Cont'< 

years;  term  to  begin  first  Monday  January,  thereafter,  with 
duties  and  compensation  provided  by  law;  vacancy  to  be  tilled 
by  county  commissioners  For  balance  of  term.     (Md.  VII  0 

ASSESSOB 

In  General 

1        e  created   in   each   organized   county,   subject    to   change   by 

law.      (Ariz.  XII  3.) 

To  be  commissioned  by  governor.     (Ark.  VII  46.  48 

••  Nil  per  centum  shall  ever  be  paid  to  as  upon  the  valua- 

tion or  assessment  of  property  by  tb  i  Ark.  VII  46.) 

Legislature   may   abolish   office   and   provide   for  isment    of 

property    1  ■•.    other  officers  or  re-establish  such  office  and   : 
scribe  its  duties.      (  Ky.  99,   104.) 

Special  or  local  legislation  granting  "indulg  rge  " 

to   assessor  or  his  es,   forbidden.      (Ky.   5 

Seven  b ors  in  the  eity  of  New  Orleans  to  compose  boai 

assessors  for  the  parish  of  Qrl  ma     [La  3 
Compensation 

To    be    paid    such    salary    or    compensation    either    from 
perquisites    and    emoluments    of   his   office,   or   from   general 
county  fund,  as  provided  by  law.   Tin-  ato-|    vern,  unless 

otherwise  expressly  provided  by  constitution.  \IV  B.) 

I     mpensation  to  1  1  by  law.     I  1'la.  VIII  6.) 

Constitution  clas        -       inties  into  those  having  1  valua- 

tion   not  .-    --  "'.   and   (hose  having   more   than 

.-_'. ,000    and    not    exceeding    $5,000,000,    and    those    having 

more  than  $5,000,000;  and  fixes  definite  limits  of  salaries  for 
each    class,   leaving   i  ilary   to   legislature.     These    pro- 

visions to  apply  to  any  officer  of  county  performing  duties 
usuallv  performed  by  those  named  regardless  of  title  to  their 

offices.     (Wyo.  XIV  3.  5.) 

Corrupt  Practices 

Not  to  hold  or  use  during  term  any  free  pass  and  not  to  accept 
any  transportation  fox  himself  or  his  family  on  terms  not 
open  to  general  public;   punishment  for  violation  prescribed. 

(N.M.  XX  14.) 
Deputies  and  Assistants 

Legislature  to  authorize  county  commissioners  to  appoint  assist- 
ants when  dei  jary  for  a merit  purposes  for  i 

tax   district    into  which   commiss  divide  county.     Com- 

pensation   and    powers    and   duties   to   ;  •  1    by    law. 

iFli.  VIII  7.) 

When   authorized  by  county  commiss 

may  appoint  such  deputies  and  assist  -  the  duties  of  his 

office   require   at    compensation    fixed   by    tl 

sioners.     (Ida  XVI 1 1 
Assessor  mav   appoint  one  or  more  assistants  with   consei 

"county  court  ".     (W.Va.   IX  2.) 


236  State  Constitutions 

COUNTIES   (  Cont'd) 
Assessor    (Cont'd) 
Election 

To  be  elected  by  qualified  electors  in  each  organized  county  sub- 
ject to  change  by  law.      (Ariz.  XII  3.) 
To    be    elected    by    qualified    electors    of    each    county.       (Ark. 

VII  46.) 
To   be   elected    in    each    county   at   the   election    for   members   of 
legislature.      This   section    to  govern   except   as   otherwise   ex- 
pressly provided  by  constitution.      (Colo.  XIV  8.) 
Legislature  to  provide  for  election  by  qualified  electors  in  each 

county.      (Fla.  VIII  6.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 

biennially  in  each  county.      (Ida.  XVIII  6.) 
To  be  elected  in  each  county.      (Ky.  99,  104.) 

One  shall  be  elected  from  each  municipal  district  in  the  city  of 
New  Orleans  at  the  election  for  parochial  officers  of  the  city 
of  New  Orleans  and  the  parish  of  Orleans.      (La.  309.) 
To  be  selected  in   each  county  in   manner   provided   by  law  for 

each  county.     (Miss.  V  135,  13S.) 

To  be  elected  by  qualified  voters  in   each  county  at  same  time 

and    under    same    law    regulating    election    state    and    county 

officers.      (Tex.  VIII  14.) 
Voters   of   each   county   to   elect   one    and   not    more   than   two. 

(W.Va.  IX  1/2.) 
Indictment 

Subject  to  for  misfeasance  or  malfeasance  in  office  or  wilful 
neglect  of  duties  in  manner  prescribed  by  law;  conviction  to 
vacate  office;   but  officer  to  have  right  to  appeal  to  court  of 

appeals.      (Ky.  227.) 
Powers  and  Duties 

To  be  as  prescribed  by  law.      (Ariz.  XII  4;   Ark.  VII  4fi;    Fla. 

VIIT  0.) 

Tax   assessors  not   to   be   relieved    from   performance   of   official 

duties  by  local  or  special  law.      (Ky.  59;  La.  48;   Mo.  IV  53; 

Okla.  V  40;  Tex.  Ill  5,  6.) 
Qualifications  and  Disqualifications 

To  be  as  prescribed  by  law.      (Ariz.  XII  4.) 

Twenty-four  years  of  age  at  time  of  election;  citizen  of  Ken- 
tucky; resident  of  state  two  years  and  in  county  or  district  in 
which  he  is  candidate  one  year  next  preceding  election.     (Ky. 

100.) 
Shall  be  resident  of  the  district  from  which  elected.      (La.  309.) 
Not  to  be  member  of  legislature,  and  qualification  as  such  mem- 
ber to  vacate  office.     (Va.  IV  44.) 
Removal 

May  be  removed  by  circuit  or  other  court  of  like  jurisdiction  or 
criminal  court  of  county  in  which  such  officer  holds  office  as 
prescribed  by  law,  provided  that  right  to  jury  trial  and  appeal 
be  secured.     Grounds  for  removal:      "  Wilful  neglect  of  duty 


Index   Digest  -'57 


COUNTIES   {Cont'd) 
Assessoe  (Cont'd) 
Removal  (Cont'd) 

corruption  in  office;  incompetency,  or  intemperance  in  the  use 

of  intoxicating  liquors  or  narcotics  to  such  an  extent,  in  view 
of  the  dignity  of  the  office  and  the  importance  of  its  duties, 
as  unfits  the  officer  for  the  discharge  of  such  duties,  or  for 
any  offense  involving  moral  turpitude  while  in  office  or  com- 
mitted under  color  thereof  or  connected  therewith".  Penalty 
not  to  extend  beyond  removal  and  disqualification  from  hold- 
ing office  under  authority  of  state  for  the  term  for  which 
such  officer  was  elected  or  appointed,  but  accused  to  be  liable 
to  indictment  or  punishment  as  prescribed  by  law.     (Ala.  VII 

173,   175,   176.) 
Residence 

To  reside  in  county  for  which  elected.      (W.Va.  IX  1,  2.) 
Rotation  in  Office 

Not  eligible  for  two  successive  terms.      (Ky.  104.) 
Term 

Two  years.      (Ariz.  XII  3;   Ark.  VII  46.) 

Four  years.     (Fla.  VIII  6;  La.  309;  W.Va.  IX  1,  2.) 

To  commence  January   1st  next   after  election   and  to  continue 

for  four  years,  and  until  successor  qualifies.     (Ky.  99.) 
Term  four  years  and  unless  removed  until  successor  duly  quali- 
fied to  enter  on  discharge  of  duties.      (Miss.  V  135,  136.) 
Two  years  and  until  successor  qualifies.      (Mont.  XVI   5;   Tex. 

VIII  14.) 
Vacancies 

To  be  filled  by  special  election  but  in  case  of  vacancy  occurring 
six   months   before   next   general   election   governor   to   fill   by 

appointment.      (Ark.  VII  50.) 
Conviction    for    misfeasance    or    malfeasance    in    office    or    wilful 
neglect  of  duties  renders  office  vacant.      (Ky.  227.) 
Auditor 

In  General 

Recorder  elected  in  each  county  to  be  ex  officio  auditor.      ( Fla. 

V  15.) 
Clerk  of  district  court  to  be  ex  officio  auditor  and  recorder  of 

county.      (Ida.   XVIII  6.) 

Legislature   to   have   power   to   "  increase,   diminish,   consolidate 

or    abolish    the    following    county   officers"    (including    county 

auditor).     (Xev.  IV  32.) 
Compensation 

Legislature  to  fix  by  law.      (Xev.  IV  32.) 
Deputies  and  Assistants 

When  authorized  by  county  commissioners  the  auditor  may 
appoint  such  deputies  and  assistants  as  the  duties  of  h» 
office  require  at  compensation  fixed  by  the  county  commis- 
sioners. (Clerk  of  district  court  is  ex  officio  auditor  and  re- 
corder.)      (Ida.  XVIII  6.) 


238  State  Constitutions 


COUNTIES  (Cont'd) 

Auditor   (Cont'd) 
Election 

Voters  of  each  county  to  elect  at  time  of  holding  general  elec- 
tion.    (Ind.  VI  2.) 
Legislature  to  provide  for  election  by  the  people.     (Nev.  IV  32.) 
To  be  elected  in  each  organized  county.     (N.D.  X  173.) 
Three  to  be  elected   in   1911   and  every   fourth  year  thereafter, 
by  qualified  electors.     Each  elector  votes  for  two  and  three 
having  highest  vote  elected.     (Pa.  XIV  7.) 
To  be  elected  in  each  organized  county  every  two  years.      (S.D. 

IX  5.) 
Powers  and  Duties 

Counties    of    less    than    1,000    "polls"    may   confer    on    auditor 

office  of  clerk  or  recorder.     (Ind.  II  9.) 
Legislature  to  fix  by  law.      (Nev.  IV  32.) 

In  counties  which  have  auditor  or  other  fiscal  officer  authorized 
to  audit  bills,  accounts,  charges,  claims  or  demands  against 
county,  legislature  may  confer  upon  such  officers  such  powers 
as  it  deems  expedient.      (N.Y.  Ill  27.) 

Qualifications  and  Disqualifications 

Auditor    (if   one   for   county)    ineligible   to   seat   in   legislature. 

(Ark.  V  7.) 
Counties    of    less   than    1,000    "polls"   may   confer    on    auditor 

office  of  clerk  or  recorder.      (Ind.  II  9.) 
To  be  elector  of  county  in  which  elected.     (N.D.  X  173.) 
Rotation  in  Office 

Not  eligible  more  than  eight  years  in  any  12.      (Ind.  VI  2.) 
Not  to  be  eligible  for  more  than  four  years  in  succession.     (S.D. 

IX  5.) 
Term 

Four  years.      (Ind.  VI  2.) 

Two  years  and  until  successor  qualifies.      (N.D.  X   173.) 

Two  years.      (S.D.  IX  5.) 

Vacancies 

Vacancy  to  be  filled  by  courts  of  common  pleas  from  among 
electors  who  voted  for  the  auditor  whose  place  is  to  be  filled. 

(Pa.  XIV  7.) 
Clerk 

In  General 

Board  of  supervisors  may  unite  office  of  county  clerk  with  office 
of  register  of  deeds  or  separate  therefrom  at  pleasure.     (Mich. 

VIII  3.) 

Legislature  to  have  power  to  "  increase,  diminish,  consolidate  or 

abolish     the     following    county     officers"    (including     county 

clerk).     (Nev.  IV  32.) 
Office  of  county  clerk  created  for  each  organized  county.     (Okla. 

XVII   2.) 


Index  Digest  239 


COUNTIES  (Cont'd) 
Clebk   (Cont'd) 

In  General    (Cont'd) 

To    procure    seal    inscribed    with    style    of    office    and    name    of 
county.     Seal  to  be  used  for  all  lawful  purposes  until  other- 
wise provided  by  law.     Signature  sufficient  without  seal  until 
seal  is  secured.      (Okla.  Sched.  22.) 
To  be  one  of  county  officers.      (Pa.  XIV  1.) 
Accounting  for  Public  Funds 

Legislature    to    provide    for    strict    accountability    as    to    fees 
collected   and   all   public   moneys  paid  to  or   which  officially 
come  into  possession  of  clerk.      (Wash.  XI  5.) 
Appointment 

Legislature  to  provide  by  general  and  uniform  laws  for  election 
or  appointment  in  the  several  counties.      (Cal.  XI  5.) 
Compensation 

Legislature  to  regulate  "  in  proportion  to  duties  ".     (Cal.  XI  5.) 
To  be  paid  such  salary  or  compensation  either  from  fees,  per- 
quisites and  emoluments  of  his  office,  or  from  general  county 
fund,  as  provided  by  law.     This  section  to  govern  unless  other- 
wise expressly  provided  by  constitution.      (Colo.  XIV  8.) 
Legislature  to  fix  by  law.      (Nev.  IV  32;  W.Va.  VIII  26.) 
Legislature   to    regulate   compensation   in   proportion   to   duties 
and  for  that  purpose  may  classify  counties  according  to  popu- 
lation.    (Wash.  XI  5.) 
Constitution  classifies  counties  into  those  having  assessed  valua- 
tion not  exceeding  $2,000,000,  those  having  more  than  $2,000,- 
000  and  not  exceeding  $5,000,000,  and  those  having  more  than 
$5,000,000,  and  fixes  definite  limits  of  salaries  for  each  class, 
leaving  exact  salary  to  legislature.  These  provisions  to  apply 
to  any  officer  of  county  performing  duties  usually  performed 
by   those  named   regardless   of   title   to   their   offices.      (Wyo. 

XIV  3,  5.) 
Election 

To  be  elected  by  qualified  electors  of  counties  having  population 

exceeding  15,000  by  last  federal  census.      (Ark.  VII  19.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 

or  appointment  in  the  several  counties.      (Cal.  XI  5.) 
To  be   elected   in   each   county   at  the   election   for   members   of 
legislature.      This   section   to  govern  except   as   otherwise  ex- 
pressly provided  by  constitution.     (Colo.  XIV  8.) 
To  be  elected  in  each  county  at  general  election  Tuesday  after 
first  Monday  in  November,  1882,  and  every  four  years  follow- 
ing.    (111.  X8.) 
To  be  elected  biennially  in  each  organized  countv.      (Mich.  VIII 

3.) 
To  be  selected  in  manner  provided  by  law.      (Miss.  V  13S.) 
Legislature   to  provide   for   election   by  the   people,      (Nev.   IV 

32.) 


240  State  Constitutions 


COUNTIES   (Cont'd) 
Clerk    (Cont'd) 

Election    (Cont'd) 

Elected  by  "  people  "  of  county  at  election  for  legislature.     (N.J. 

VII  2,  6.) 
To  be  elected  in  each  county  unless  otherwise  provided  by  law. 

(N.M.  VI  22.) 
To  be  elected  by  county  electors.     (N.Y.  XI.) 
Voters  of  each  county  to  elect  at  time  of  holding  general  elec- 
tion.     (Ore.  VI  6.) 
To  be  elected  in  each  county  by  qualified  voters.      (Tex.  V  20.; 

Va.  VII  110;  W.Va.  VIII  26.) 

In  counties  having  population  less  than  8,000  one  clerk  may  be 

elected    having    duties    of    both    district    and    county    clerks. 

(Tex.  V  20.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 

in  each  county.      (Wash.  XI  5.) 
Fees 

Legislature  to  establish  fees  to  be  collected  for  services  per- 
formed "  in  the  manner  and  for  the  uses  provided  by  law,  and 
for   this   purpose  may   classify   the   counties   by   population  ". 

(Cal.  XI  5.) 
Fees  and  perquisites  to  be  as  provided  by  law.      (Tex.  V  20.) 
Indictment 

Subject   to   indictment   for   malfeasance,   misfeasance   or   neglect 
of  official  duty  and  conviction  therefor  renders  office  vacant. 
(Clerk  of  county  court.)      (W.Va.  IX  4.) 
Place  of  Office 

To  hold  office  at  county  seat.      (Mich.  VIII  4.) 
Powers  and  Duties 

To  be  ex  officio  clerk  of  probate  court  of  county.     (Ark.  VII  19.) 
Legislature   to   prescribe   by   general   and   uniform   laws.      (Cal. 

XI  5.) 
To    be    ex    officio    clerks    of    courts    of    record    for    their    respec- 
tive counties  or  cities  and  counties.     (Cal.  VI  14.) 
To  be  ex  officio  recorder  of  deeds  and  clerk  of  board  of  county 
commissioners.      This   section   to   govern   except   as    otherwise 
expressly  provided  by  constitution.      (Colo.  XIV  8.) 
Counties   of   less   than    1,000   "  polls "   may   confer   office   of   re- 
corder or  auditor  on  clerk.      ( Ind.  II  9.) 
In   counties   "organized   for   judicial    purposes",  to   be   clerk   of 

circuit  court  for  county.      (Mich.  VII    11.) 
To  be  prescribed  by  law.      (Mich.  VIII  3;   Wash.  XI  5;   W.Va. 

VIII  26.) 
Shall  be  clerk  of  county  commissioners  and  ex  officio  recorder. 

(Mont.  XVI  5.) 
To  be  ex  officio  clerks  of  courts  of  record  and  of  boards  of  county 
commissioners    for    their    counties.      Other    duties    to    be    pre- 
scribed by  law.      (Nev.  IV  32.) 


I.XDKX      DlOKST  -11 


COUNTIES   (Cont'd) 
Clerk    (Cont'd) 

Powers  and  Duties   (Cont'd) 

Shall  be  clerk  of  the  inferior  courts  of  common  pleas  and  quarter 
sessions    of    counties,    and    perform    duties    required    by    law. 

(X.J.  X   11.) 
To  perform  all  duties  previously  performed  by  clerks  of  district 

and  probate  courts.      (N.M.  VI  22.) 
To    be   clerk    of    circuit    court    with    such    [lowers    and    duties   as 

prescribed  by  law.      (N.Y.  VI   19.) 
To   be   clerk   of   county   commissioner's  court   and   recorder,   and 

perform  other  duties  prescribed  by  law.      (Tex.  V  20.) 
To  be  clerk  of  circuit  court.      (Va,  VII  110.) 
To  have  custody  of   all  deeds   and  papers  presented   for   record 
in   county   and  same   to  be   preserved   or   disposed  of   as   pre- 
scribed by  law.      (W.Va.  VIII  24.) 
Qualifications  and  Disqualifications 

Not    to    hold    office    of    county    treasurer,    sheriff,    attorney    for 
commonwealth,    commissioner    of    revenue,    superintendent    of 
poor,  county  surveyor  or  supervisor.      (Va.  VII  113.) 
Removal 

Governor   may   remove  on  giving  copy  of   charges  and  opportu- 
nity to  be  heard.      (N.Y.  X   1.) 
Manner  of  removal  to  be  prescribed  by  law.      (W.Va.  VIII  26.) 
Term 

Two  years.      (Ark.  VII  19;  Ore.  VI  6;   Tex.  V  20.) 
Legislature   to   prescribe  by   general   and   uniform   laws.      (Cal. 

XI  5.) 

To  commence  on  first  Monday  of  December  after  election,  and  to 

continue    for    four   years    and   until    successor    qualifies.      (Ill 

X  8.) 
Two  years  and  until  successor  qualifies.      (Mont.  XVI  5.) 
Five  years.      (N.J.  VII  2,  6.) 

Three  years,  but  may  be  two  or  four  years  as  legislature  pro- 
vides   in    New    York,    Kings    and    counties    coterminous    with 

cities.     (N.Y.  XI.) 
Eight  years.      (Va.  VII   112.) 
To  be  fixed  by  legislature.      (Wash.  XI  5.) 
Six  years.      (W.Va.  VIII  26.) 
Vacancies 

To  be  filled  by  circuit  court  judges.      (Mich.  VII   11.) 
To   be    filled   by    governor    until    successor    elected    and   qualifies. 

(X.J.  V   12.) 
Filled  by  election  by  county  electors.      (N.YT.  X   1.) 
To  be  filled  by  commissioners'  court  until  next  general  election. 

(Tex.  V  20.) 
Vacancy    to   be   filled   by    county   court    until    next    general    elec- 
tion.     (Clerk  of  county  court.)       (W.Va.  VIII    30.) 
Conviction  for  malfeasance,  misfeasance  or  neglect  of  official  duty 
renders  office  vacant.     (Clerk  of  county  court.)     (W.Va.  IX    V. 


242  State  Constitutions 

COUNTIES   (Cont'd) 
Tax  Collector 
In  General 

There    shall   be    one    state  tax    collector    for    the    city   of   New 

Orleans.     (La.  309.) 
Accounting  for  Public  Funds 

Special  or  local  legislation  granting  "  indulgence  or  discharge " 

to  collector  or  his  sureties,  forbidden.  (Ky.  59.) 
Special  or  local  legislation  relieving  any  collector  from  due  per- 
formance of  his  duties  or  his  sureties  from  liability,  forbid- 
den. (La.  48;  Mo.  IV  53;  Okla.  V  46;  Tex.  Ill  56.) 
No  law  or  ordinance  to  be  passed  by  any  political  corporation 
extending  time  for  collection  or  relieving  any  collector  from 
due  performance  of  his  duties  or  his  sureties  from  liabilities. 

(La.  48.) 
Not  to  be   discharged  until   proof  made  that  legal   remedies  to 

collect  have  been  exhausted.     (La.  120.) 
Person  who  at  any  time  was  collector  of  taxes,  whether  state, 
parish  or  municipal,  not  to  be  eligible  to  legislature  or  any 
office  of  honor,  profit  or  trust  under  state  government,  or  any 
parish  or  municipality  until  he  obtains  discharge  for  amount 
of  such  collections ;   legislature  to  provide  for  suspension  such 
officers  for  failure  to  account.     (La.  1S2.) 
To   make  annual   settlement  with   county    court   to  be   made  of 
record.      (County  or  district  school  taxes.)       (W.Va.  XII   7.) 
Compensation 

To  be  prescribed  by  law.     (Fla.  VIII  6.) 

Five  thousand   dollars   per   annum,   payable  monthly.      ("State 
tax  collector  for  the  city  of  New  Orleans  ".)      (La.  309.) 
Election 

Legislature  to  provide  for  election  by  qualified  electors  in  each 

county.     (Fla.  VIII  6.) 
To  be   elected    in   counties   having    10,000    inhabitants   as   deter- 
mined by  last  preceding  United  States  census.   (Tex.  VIII  16.) 
Expenses 

The  general  assembly  sball  appropriate  such  sum  not  exceeding 
$35,000  per  year  as  may  be  necessary  for  the  payment  of 
clerical  expenses,  rent,  furniture  and  porterage  for  the  office 
of  "  state  tax  collector  for  the  city  of  New  Orleans  '';  but  such 
appropriation  shall  itemize  the  use  for  which  it  is  to  be  made. 

(La.  309.) 
Fees 

Fees  from  delinquent  tax  debtors  and  also  fees  for  tax  research 
certificates  to  be  turned  over  to  the  state  treasurer.     ("State 
tax  collector  for  the  city  of  New  Orleans".)     (La.  309.) 
Other  Officer  to  Serve 

Sheriff  io  be  ex  officio  collector  of  taxes  unless  otherwise  pro- 
vided by  law.     (Ark.  VII  46.) 
County  treasurer   to   be   tax   collector.     This   section   to   govern 
except   as   otherwise   expressly    provided   by   the    constitution. 

(Colo.  XIV  8.) 


Index  Digest  243 


COUNTIES  (Cont'd) 

Tax  Collector  (Cont'd) 

Other  Officer  to  Serve  (Cont'd) 

County   treasurer   to   be   tax   collector.      (Ida.   XVIII   6;    Mont. 

XVI  5.) 

Except  in   specified  parish  sheriff  to  be  ex  officio  collector  of 

state,  parish  and  all  other  taxes  except  municipal  taxes.    (La. 

119.) 
Sheriff  to  be  collector  of  county  taxes,  except  in  counties  having 

10,000   inhabitants.      (Tex.  VIII   16.) 
Sheriff  or   other   collector  as  law  provides   to  collect  county   or 
district  school  taxes.      (W.Va.  XII  7.) 

Powers  and  Duties 

To  be  prescribed  by  law.      (Fla.  VIII  6.) 

Not  to  be  relieved  from  performance  of  official  duties  by  local 
or  special  law.      (Ky.   59;   La.  4S;   Mo.  IV  53;   Okla.  V  46; 

Tex.  Ill  5,  6.) 
Qualifications  and  Disqualifications 

Not  to  have  seat  in  legislature.      (Collector  of  public  revenue.) 

(111.  IV  3.) 
Not  to  be  member  of  legislature,  and  qualification  as  such  mem- 
ber to  vacate  his  office.      (Va.  IV  44.) 

Removal 

May  be  removed  by  circuit  or  other  court  of  like  jurisdiction  or 
criminal  court  of  county  in  which  such  officer  holds  office  as 
prescribed  bjj  law,  provided  that  right  to  jury  trial  and  ap- 
peal be  secured.  Grounds  for  removal :  "  Wilful  neglect  of 
duty,  corruption  in  office,  incompetency,  or  intemperance  in  the 
use  of  intoxicating  liquors  or  narcotics  to  such  an  extent,  in 
view  of  the  dignity  of  the  office  and  the  importance  of  its 
duties,  as  unfits  the  officer  for  the  discharge  of  such  duties,  or 
for  any  offense  involving  moral  turpitude  while  in  office  or 
committed  under  color  thereof  or  connected  therewith ". 
Penalty  not  to  extend  beyond  removal  and  disqualification 
from  holding  office  under  authority  of  state  for  the  term  for 
which  such  officer  was  elected  or  appointed,  but  accused  to  be 
liable    to    indictment    or    punishment    as    prescribed    by    law. 

(Ala.  VII  173,  175,  176.) 
Term 

Four  years.      (Fla.  VIII  6.) 

Four  years   ("  state  tax  collector  for  the  city  of  New  Orleans"). 

(La.  309.) 

Two  years  and  until  successor  qualifies.      (Tex.  VIII  16.) 

Commissioners 
In  General 

Quorum  for  transaction  of  business  to  consist  of  two  where  board 
consists  of  three;    and  of  three  where  board  consists  of  five. 

(Colo.  XIV  6.) 
Legislature  may  provide  for  creation  of  county  commissioners  in 
such  counties  as  require  them.     (Ga.  VI  Sec.  XIX  1.) 


244  State  Constitutions 

COUNTIES   (Cont'd) 

Commissioners  (Cont'd) 
In  General  (Cont'd) 

Xot  to  hold  or  use  during  term  any  free  pass  and  hot  to  accept 
any  transportation  for  himself  or  his  family  on  terms  not  open 
to  general  publie;  punishment  for  violation  prescribed.     (N.M. 

XX  14.) 
Commissioner    not    eligible    to    hold    office    of    justice    of    peace. 

(YY.Ya.  VIII   30.) 
Accounting  for  Public  Funds 

Legislature  to  provide  for  accountability  as  to  fees  collected  and 
all   public  moneys   paid  to   or  which  officially   come   into  their 

possession.      (Wash.  XI  5.) 
Compensation 

To  be  prescribed  by  law.      ( Fla.  YJII  5.) 

Legislature  to  regulate  compensation  in  proportion  to  duties  and 
fur  that  purpose  may  classify  counties  according  to  population. 

(Wash.   XI  5.) 
Gornmissioneps  to  receive  $2  per  day  for  services  in  court,  to  he 
paid  out  of  county  treasury.      ( W.Ya.  VIII  23.) 
Number  and  Election 

In  counties  having  less  than  70,000,  three  county  commissioners 
to  be  elected  for  terms  of  four  years,  elected  biennially  —  two 
at  one  time,  one  at  the  other.  In  counties  having  70,000  or 
more  population  board  of  county  commissioners  to  consist  of 
five  members  for  terms  of  four  years;  to  be  elected  biennially 
—  two  at  one  time  and  three  at  another.  This  section  to 
govern  except  as  otherwise  expressly  provided  by 'constitution. 

(Colo.  XIV  6.) 
One  for  each  of  five  districts  into  which  each  county  required  to 
be  divided  by  county  commissioners  in  office  at  time  amend- 
ment adopted,  each  of  which  to  be  "  as  nearly  as  possible  equal 
in  proportion  to  population'';  to  be  elected  by  qualified  elec- 
tors of  the  county  at  time  and  place  of  voting  for  other  county 

officers.     (Fla.  VIII  5.) 
To  consist  of  three  members.      (Ida.  XYIII    10.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 

biennially  in   each  county.      (Ida.   XVIII    6.) 
"Board   of   county   commissioners''   consisting  of  three  members 
to  be  elected   in  each   county  not  under  township  organization. 

(111.  X  6.) 

Board  of  county  Commissioners  to  be  elected  at  first  election  of 

county   judges    under    constitution  j    one    for   one   year;    one   for 

two  a  ears;   one  for  three  yen--,  and  thereafter  one  every  year 

for  term  of  three  years.      (Til.  X  (>.) 

Allans    of    Cook    county    to    be    managed    by    board    of    15.    10 

elected    in   Chicago  and    lice  from   towns  outside  of  Chicago,   in 

manner  provided  by  law.     (111.  X  7.) 

dm'  to  be  elected  from  each  of  three  districi  i  b]    votes  of  district 

and   legislature  to  li\  time  of  election  at  some  general  election. 

(Kan.  IV  2.) 


T.XDI •  \     1  )l<!KS  I  2  1  5 


COUNTIES    (Cont'd) 

Commissioners   ( Cont'd) 

Number  and  Election  (Cont'd) 

Numbea?  in  each  couaty  to  be  as  prescribed  by  law.     (Md.  VII  1.) 

To  be  eleteted  by  qualified  voters  on  general  ticket  in  cadi  county 

on  first  Tuesday  after  firs!  Monday  November*  beginning  18&1; 

and  at  such  time  as  prescribed  by  Law.     (Md.  VII   1.) 

Three  to  be  elected  in  each  county  for  term  of  six  years.     One  to 

be  elected  at  each  general  election.      (Mont.  XVI  4.) 
Legislature  to  provide  by  law  for  election  in  each  county.      I  Xcv. 

[V  26.) 

Five  to  be  elected  by  qualified  voters  in  each  county  as  provided 

for  election  members  of  legislature;  but  legislature  may  modify 

or  abrogate.      (N.C.  VII    1,    14.) 

To  consist   of  not  less  than   three  nor  more  than   five  members. 

(X.D.  X   17-2.) 
Offices   of   three   county   commissioners   created   for   each    organ- 
ized county.     (Okla.  XVII  2.) 
Three  to  be  elected   1011   and   every  fourth  year  in  those  comities 

where  such  officers  are  chosen.      (Pa.  XIV  7.) 
Each  qualified  elector  to  vote  for  two,  and  the  three  having  the 

highest  vote  elected.      (Pa.  XIV  7.) 
County  to  be  divided  into  four  commissioners'  precincts;   quali- 
fied voters  of   each   to  elect  one   county   commissioner.      (Tex. 

V  18.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 

in  each  county.      (Board.)     (Wash.  XI  5.) 
Commissioners    to    be    elected    by    voters    of    county;    one    to    be 

elected  every  two  years.      (W.Va.  VIII  23.) 
Only  one  commissioner  to  be  elected  in  any  magisterial  district; 

details  provided  to  carry  this  out.      (W.Va.  VIII   23.) 
Commissioners  of  county  court  to  judge  of  election,  qualification 
and  returns  of  their  own  members*,      (W.Va.  VIII  24.) 
Powers  and  Duties 

To  hold  sessions  for  transaction  of  county  business  as  provided 
by  law;   this  section  to  govern  unless  otherwise  expressly   pro- 
vided by  constitution.      (Colo.  XIV  6.) 
To  be  prescribed  by  law.     (Ma.  VIII  5;  Md.  VII  1  ;  Wash.  XI  5.) 
Legislature  may   authorize  commissioners  to   divide   county    into 
taxation  districts  and  to  appoint  assistant  tax  assessor.      (  Fla. 

VIII  7.) 
To  be  defined  by  legislature.      (Ga.  V]  Sec.  XIX   1.) 
May  employ  counsel  when  necessary.      (Ida.  XYTI1   6.) 
To  hold  session  for  transaction  of  business  as   provided   by   law. 

(111.  X  6;   X.D.  X    172.) 
To  perform  jointly  and  individually  such  duties  as  prescribed  by 

law.      (Nev.    IV  26.) 

To   exercise   seneral   supervision   and    control    of   levying   oi    taxes 

and  finances  of  county,  of  roads  and  hridv.es.  schools,  and  penal 

and    charitable    institutions;    "hut    h-Nh.ture    may    modify    or 

abrogate".    (N.I  .  VII  2.  14.) 


246  State  Constitutions 

COUNTIES  (Cont'd) 

Commissioners   ( Con  t'd ) 

Powers  and  Duties  {Cont'd) 

Until  system  of  government  by  chairmen  of  township  boards  is 
adopted  by  county,  its  affairs  shall  be  transacted  by  board  of 
commissioners.      (N.D.  X   172.) 

Term 

Two  years.      (Fla.  VIII  5;  Ida.  XVIII  10.) 
Not  exceeding  six  years.      (Kan.  IV  2.) 

To  be  elected  for  such  periods,  not  exceeding  six  years,  as  pre- 
scribed by  law.     (Md.  VII  1.) 
Two  years;   "but  legislature  may  modify  or  abrogate".     (N.C. 

VII   1,  14.) 
As  prescribed  by  law.     (N.D.  X  172;  Wash.  XI  5.) 
Two  years  and  until  successor  qualifies.      (Tex.  V  IS.) 
Six  years.     (W.Va.  VIII  23.) 

Vacancies 

To  be  filled  by  governor;  appointee  to  hold  office  until  next 
general   election   or   until  vacancy   filled   by   election  according 

to  law.    (Colo.  XIV  9.) 
Vacancy  to  be  filled  by  judge  of  judicial  district  in  which  va- 
cancy occurs.      (Mont.  XVI  4.) 
To  be  filled  by  governor ;   appointee  to  hold  until  next  general 
election;   successor  to  be  elected  for  balance  of  term.      (N.M. 

XX  4.) 
To  be  filled  by  court  of  common  pleas  from  among  electors  who 
voted  for  the  commissioner  whose  place  is  to  be  filled.      (Pa. 

XIV  7.) 
Vacancy  to  be  filled  by  county  court  until  next  general  election. 

(W.Va.  VIII  30.) 
Constable,  See  Constables. 

Coeonek,  See  Coroners. 
Recorder 

Under  this  subhead  are  grouped  the  provisions  relating  to  Recorder 
of  Deeds,  Register  of  Deeds  and  Registers. 

In  General 

To  be  commissioned  by  governor.      (Del.  Ill  22.) 
Board  of  supervisors  may  unite  with  office  of  county  clerk  or 
separate  therefrom  at  pleasure.      (Register  of  deeds.)      (Mich. 

VIII  3.) 

Legislature  to  have  the  power  to  "  increase,  diminish,  consolidate 

or    abolish    the    following   county    officers "    ( including    county 

recorder).     (Nev.  IV  32.) 
To  be  sworn  to  perform  duties  faithfully.      (N.H.  II   71.) 
To  procure  seal  inscribed  with  style  of  office  and  name  of  county. 
Seal  to  be  used  for  all  lawful  purposes  until  otherwise  pro- 
vided by  law.     Signature  sufficient  without  seal  until  seal  is 
secured.      (Register  of  deeds.)      (Okla.  Sched.  22.) 


Index  Digest  247 


COUNTIES   (Cont'd) 
Recorder   (Cont'd) 

Accounting  for  Public  Funds 

Failure    to    settle    accounts    renders    ineligible    to    hold    office    <>f 
governor  or  seat   in   legislature.      (Register  of  deeds.)      (N.H. 

II  94.) 
To  "keep  accurate  and  detailed  accounts  in  hooks  to  be  used  for 
that  purpose  of  all  lees  collected  "  and  to  "  furnish  daily  to 
the  commissioner  of  public  finance  transcripts  of  the  said 
accounts  duly  certified  by  them  or  by  their  authority"  and 
to  pay  to  city  treasury  fees  collected;  fees  to  constitute 
'•judicial  expense  fund  of  the  parish  of  Orleans";  their 
salaries  and  those  of  their  deputies  and  their  office  expenses 
to  be  paid  from  this  fund  on  warrant  signed  by  presiding 
judge  of  civil  district  court;  number  of  employees  or  their 
salaries  not  to  be  increased  unless  so  ordered  by  the  court. 
(Applies  also  to  register  of  conveyances.)       (La.   154,   156.) 

Bond 

To  give  bond  in  specified  sum  approved  by  court.    (New  Orleans.) 

(Applies  also  to  register  of  conveyances.)       (La.   149.) 
To  give  bond  with  sufficient  sureties  in  reasonable  sum  for  use 
of  county  for  punctual   performance  of  duties.      (Register  of 

deeds.)      (X.H.  II  71.) 
Compensation 

In  Cook  county,  to  receive  as  only  compensation  salaries  not 
exceeding  salary  of  circuit  court  judge  in  that  county  and  to 
be  paid  only  out  of  fees  of  the  office  actually  collected. 

(111.  X  9.) 
For  recorder  of  mortgages   $4,000;    for   register  of  conveyances 

$2,500.      (Xew  Orleans.)       (La.  149.) 
Legislature  to  fix  by  law.      (Xev.  IV  32.) 

Creation  of  Office 

Office  created  for  each  organized  county.      (Ariz.  XII  3;   Okla. 

XVII  2   (Register  of  deeds). 
To  be  one  of  county  officers.     (Recorder  of  deeds.)      (Pa.  XIV  1.) 

Deputies  and  Assistants 

When  authorized  by  county  commissioners,  the  county  recorder 
may  appoint  such  deputies  and  assistants  as  the  duties  of  his 
office  require  at  compensation  fixed  by  the  county  commis- 
sioners.     (Clerk   of   district   court   is    ex   officio    auditor    and 

recorder.)      (Ida.  XVIII  6.) 
In  Cook  county,  number  of  deputies  and  assistants  to  be  deter- 
mined by  rule  of  circuit  court  and  entered  of  record  and  com- 
pensation to  be  fixed  by  county  board.      (111.  X  9.) 
May  appoint  such  deputies  at  such  salaries  as  prescribed  by  law. 
(Applies  also  to  register  of  convevances,  Xew  Orleans.)      (La. 

149.) 


LMS  State  CoNSTiTtfTiONS 


Counties  (Cont'd) 

Recorder    {Cont'd) 
Election 

To  be  elected  by  qualified  electors  in  each  organized  county,  sub- 
ject to  change  by  law.      (Ariz.  XII  3.) 
To   be   elected    by   qualified    electors   of   each   county    at   general 

elections.      (Del.  Ill  22.) 
To  be  elected  in  each  county.      (Fla.  V  15.) 

To  be  elected  in  each  county  having  60,000  or  more  inhabitants 

at  general  election  Tuesday  after  first  Monday  in  November, 

1884,   and  every   four   years   thereafter.      (Otherwise   clerk   of 

circuit  court  to  be  em  officio  recorder  of  deeds.)       (111.  X  S.) 

Voters  of  each  county  to  elect  at  time  of  holding  general  election. 

(Ind.  VI  2.) 
Voters  of  parish  of  Orleans  to  elect  a  recorder  of  mortgages; 

and  a  register  of  conveyances.      (La.   149.) 
To    be    elected    biennially    in    each    organized    county.       (Mich. 

VIII  3.) 

Legislature  to  provide  for  election  by  the  people.      (Nev.  IV  32.) 

To  be  elected  by   inhabitants   of  towns   in  the   several   counties 

"according  to  the  method  now  practiced"  and  laws  of  state; 

but  legislature  may  change  manner  but  not  deprive  people  of 

right  to  elect,      (Register  of  deeds.)      (N.H.  II  70.) 

Legislature    may,    on    application    of    majority    of    inhabitants 

of  any  county,  divide  county  into  two  districts  and  provide  for 

election    of    register    for    each    district.       (Register    of    deeds.) 

(N.H.  II  71.) 

To  be  elected  by  county  electors.      (Register.)      (X.Y.  X   1.) 

To  be  elected  by  qualified  voters  in  each  county  as  provided  for 

election  members  of  legislature;  but  legislature  may  modify  or 

abrogate.      (Register  of  deeds.)       (N.C.  VII  1,   14.) 

To   be   elected  "in    each   organized    county.       (Register    of   deeds.) 

(N.D.  X  173.) 
Legislature  may  authorize  election  in   any  county  of  over   1,200 

voters.      (Recorder  of  conveyances.)       (Ore.  VII  15.) 
To  be  elected  in  each  organized  county  every  two  years.      (Regis- 
ter of  deeds.)      (S.D.  IX  5.) 
One  to  be  elected  in  each  county  by  qualified  voters.      (Register.) 

(Tenn.  VII  1.) 
To  be   elected   by   county   electors.       (Register   of   deeds.)       (Wis. 

VI  4.) 
Fees 

Tn  Cook  county  all  fees,  perquisites  and  emoluments  in  excess  of 
amount  allowed   for  salaries  to  be  paid   into  county  treasury. 

(111.  X  0.) 
Legislature  to  provide  general  fee  bill  or  bill  of  costs  regulating 

fees  and   compensation  in   civil  matters.      (La.   129.) 
Fees  and  costs  to  continue  as  fixed  by  law  until  otherwise  pro- 
vided   by    law.       (Recorder    of    mortgages.)        (Applies    also    to 
register  of  conveyances.)       (La,    153.) 


Imh-.x    Digest  249 


COUNTIES  (Cont'd) 
Recorder   (Cont'd) 
Fees   (Cont'd) 

Legislature    not    to    enact    laws    for    one    or    more    counties    not 
applicable  to  all  counties  increasing  uniform  charge  for  regis- 
tration of  deeds.      (..Miss.   IV  91.) 
Other  Officer  to  Serve 

Clerk  of  circuit  court  to  be  ex  officio  recorder.      (Ark.  VII   19.) 
Clerk   of   district   court  to   be   ex  officio    auditor   and   recorder. 

(Ida.  .Will  6.) 
Clerk  of  circuit  court  to  be  ex  officio  recorder  of  deeds  except  in 
counties  having  60,000  or  more  inhabitants  in  which  a  recorder 
of  deeds  shall  be  elected.      (111.  X  8.) 
Clerk  of  district  court  to  be  ex  officio  parish  recorder  of  convey- 
ances, mortgages  and  other  acts;  to  give  bond  for  performance 
of  his  duties  in  amount  fixed  by  legislature.     (La.  122.) 
Clerk  of  superior  court  of  Baltimore  to  act  as  register  of  deeds. 

(Md.  IV  Pt.  IV  38.) 
Place  of  Office 

To  keep  office  in  town  or  place  within  county  in  which  superior 

court  usually  held.      (Del.  Ill  23.) 
To   hold   office    at    county    seat.      (Register    of   deeds.)       (Mich. 

VIII  4.) 
To  keep  office  in  the  county  town.      (Pa.  XIV  4.) 
Powers  and  Duties 

To  be  as  prescribed  by  law.     (Ariz.  XII  4;  Fla.  V  15;  La.  149; 

Mich.  VIII  3.) 
To  be   ex  officio   county   auditor.      (Fla.   V    15.) 
Legislature  to  fix  by  law.     (Nev.  IV  32.) 

To  be  ex  officio  clerk  of  board  of  county  commissioners ;   "  but 
legislature    may    modify    or    abrogate".       (N.C.    VII    2,    14.) 
Qualifications  and  Disqualifications 

To  be  as  prescribed  by  law.      (Ariz.  XII  4;  La.  149.)      (Applies 

also  to  register  of  conveyances.) 
Ineligible  to   seat   in    legislature.      (Ark.   V  7;    111.   IV   3;    S.D. 

Ill  3.) 
Ineligible  to  office  of  secretary  of  state,  attorney-general,  insur- 
ance commissioner,  treasurer,   auditor,  prothonotary.   clerk   of 
the  peace,  register  of  wills,  sheriff  or  coroner.     (Del.  Ill  11.) 
Counties  containing  less  than    1,000   "  polls  "  may   confer   office 

of  clerk  or  auditor  on  recorder.     (Ind.  II  9.) 
Not  to  be  justice  of  supreme  court  or  of  inferior  court ;  attorney- 
general;    county   attorney;    state  treasurer;    adjutant -general; 
judge  of  probate;  register  of  probate;  sheriff;  clerk  of  judicial 
courts.     Ineligible  to  legislature.      (Register  of  deeds.)       (Me. 

IX  2.) 

Not  to  be   at   the  same   time   judge   or   register   of   probate   or 
sheriff.     Not  to  have  seat  in  legislature.      (Register  of  deeds.) 

(Mass.  Pt.  II  Ch.  VI  2.) 


250  State  Constitutions 

COUNTIES   (Cont'd) 
Recorder   (Cont'd) 

Qualifications  and  Disqualifications   (Cont'd) 

Not  to  hold  at  same  time  office  of  sheriff  or  judge  of  probate; 
"  and  never  more  than  two  offices  of  profit  which  may  be  held 
by  appointment  of  the  governor,  or  governor  and  council,  or 
senate  and  house  of  representatives,  or  superior  or  inferior 
courts".  (Register  of  deeds.)  (N.H.  II  93.) 
Ineligible  to  office  of  governor  or  seat  in  legislature  if  he  fails  to 

settle  accounts  as  register  of  deeds.      (N.H.  II  94.) 
To  be  elector  of  county  in  which  elected.      (Register  of  deeds.) 

(N.D.  X  173.) 
Not  to  hold  any  office  in  or  be  member  of  either  house  of  legis- 
lature.     (Register  of  deeds.)      (N.D.  II  37.) 
Not  eligible  to  membership  in  legislature.      (Register  of  deeds,) 

(Tenn.  II  26.) 
Removal 

Governor  may  remove  on  giving  copy  of  charges  and  opportunity 
to  be  heard.      (Register  of  deeds.)      (N.Y.  X  1;  Wis.  VI  4.) 

Rotation  in  Office 

Not  eligible  more  than  eight  years  in  any  12.      (Ind.  VI  2.) 
Not  eligible  more  that  four  years  in  succession.      (Register  of 

deeds.)      (S.D.  IX  5.) 
Term 

Two  years.     (Ariz.  XII  3;  S.D.  IX  5;  Wis.  VI  4.) 

Four  years.      (Del.  Ill  22;  Fla.  V  15;  111.  X  8;  Ind.  VI  2;  La. 

149   (also  register  of  conveyances)  ;  Tenn.  VII  1.) 
To  commence  on  first  Monday  of  December  after  election,  and  to 
continue   for   four   years   and   until   successor   qualifies.      (111. 

X  8.) 
Three  years;   except  that  two  or  four  years  as  legislature  pro- 
vides in  New  York,  Kings  and  counties  coterminous  with  cities. 

(Register.)      (N.Y.  XI.) 
Two  years,  ""but  legislature  may  modify  or  abrogate".      (Regis- 
ter of  deeds.)      (N.C.  VII  1,  14.) 
Two  years   and  until   successor  qualifies.      (Register   of   deeds.) 

(N.D.  X  173.) 
Vacancies 

If  unexpired  term  is  more  than  one  year,  to  be  filled  by  special 
election  called  by  "  proper  legal  authority "  held  within  60 
days  under  general  state  election  laws;  where  unexpired  term 
is  less  than  one  year  governor  to  fill  with  consent  of  senate 
for  balance  of  term.  (Recorder  of  mortgages  in  New  Orleans.) 
(Applies  also  to  register  of  conveyances.)  (La.  157.) 
Acceptance  of  seat  in  Congress  renders  office  vacant.      (Register 

of  deeds.)      (Me.  IX  2;  Mass.  Amend.  VIII.) 
Filled  by  election  by  county  electors.      (Register.)      (N.Y.  X  1.) 
Vacancy    occurring    subsequent   to    an    election    to    be    filled    by 


Index  Digest  251 


COUNTIES   (Cont'd) 
Recorder   (Cont'd) 
Vacancies  (Cont'd) 

justices   until   successor,   elected   by   qualified   electors   at   the 
first   election   for   any   county   officers,   qualifies.      (Register.) 

(Tenn.  VII  2.) 

Filled    by    appointment    and    appointee    to    hold    for    unexpired 

portion  of  term   and   until   successor   qualifies.      ( Register   of 

deeds.)      (Wis.  VI  4.) 
Register  of  Wills,  See  Courts. 
Sheriff,  See  Sheriffs. 
Supervisors   (Board  of). 
Creation 

To  be  established  in  each  county.     (Mich.  VIII  7.) 
Each  county,  except  one  wholly  included  in  a  city,  to  have  a 
board  of  supervisors.      (X.Y.  Ill  26.) 
Appointment 

Legislature  to  provide  by  general  and  uniform  laws  for  election 

or  appointment  in  the  several  counties.      (Cal.  XI  5.) 
Local  or  special  laws  for  the  election   or   appointment  of,  pro- 
hibited.    (Ind.  IV  22;  Ore.  IV  23.) 
Compensation 

Legislature  to  regulate  "  in  proportion  to  duties  ".     (Cal.  XI  5.) 
Election 

Members   to  be  elected  by  qualified  .electors   of   each   organized 

county,  subject  to  change  by  law.     (Ariz.  XII  3.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 

or  appointment  in  the  several  counties.     (Cal.  XI  5.) 
Local  or  special  laws  for  the  election  or   appointment  of,   pro- 
hibited.    (Ind.  IV  22;  Ore.  IV  23.) 
To  be  selected  in  manner  provided  by  law.      (Miss.  V   138,  VI 

170.) 

Elected  in  such  manner  as  provided  by  law.      (N.Y.  Ill  26.) 

Private  or  local  legislation  concerning  election  forbidden,  except 

bills  reported  by  revision  commissioners.      (N.Y.  Ill   18,  23.) 

Those  representing  a  city  or  part  of  a  city  to  be  elected  Tuesday 

succeeding  first  Monday  in  November  in  odd  numbered  years, 

but  this  does  not  apply  to   filling  vacancies  nor  to  cities   of 

third  class.     (N.Y.  XII  3.) 
In  each  "  magisterial  district  "  one  supervisor  to  be  elected  by 
qualified  voters  thereof.      (Va.  VII  111.) 
Fees 

Legislature  to  establish  fees  to  be  collected  for  services  per- 
formed "  in  the  manner  and  for  the  uses  provided  by  law,  and 
for   this   purpose   may   classify   the   counties  by   population  ". 

(Cal.   XI   5.) 

Number 

Three  members.      (Ariz.  XTI  3.) 

Cities    to    have    such    representation    as    may    be    provided    by 

law.     (Mich.  VIII  7.) 


252  State  Constitutions 


COUNTIES   (Cont'd) 

Supervisors   (Board  of)    (Cont'd) 
Number  (dm I'd) 

One  member  from  each  township.      (Midi.  VIII    7.) 
One  member  from  each  of  five  districts  into  which  county  is  to 
be  divided.     Clerk  of  chancery  court  of  each  county  to  be  clerk 

of  board.     (Miss.  VI  170.) 
Sueli  members  as  provided  by  law.      (N.Y.  Ill  26.) 
One  supervisor  elected  in  each  magisterial  district,  to  be  member 
of  county  board  of  supervisors.      (Va.  VII  111.) 

Powers  and  Duties 

To  be  prescribed  by  law.      (Ariz.  XII  4;   Micb.  VIII  7.) 
Legislature   to   prescribe  by   general    and   uniform   laws.      (Cal. 

XI  5.) 

Legislature  may  confer  "  such  powers  of  a  local,  legislative  and 

administrative  character  "  not   inconsistent  with  constitution 

as  it  deems  proper.     (Mich.  VIII  8.) 

To  have  exclusive  power  to  fix  salaries  of  all  county  officers  not 

otherwise  provided  for  by  law.      (Mich.  VIII  9.) 
Board  of  supervisors  or  county  auditors  if  any  shall  adjust  all 
claims    against    their    respective    counties.      Appeals    may    be 
taken   to   circuit    court    in    manner    provided   by   law.      (Mich. 

VIII  9.) 

Legislature  to  provide  for  powers  and  duties  by  general  law  in 

relation  to  highways,  bridges  and  culverts.      (Mich.  VIII  26.) 

To  have  control  of  building  of  bridges  or  dams  over  navigable 

streams.      (Mich.  XI   14.) 
Board  to  have  "  fidl  jurisdiction  over  roads,  ferries  and  bridges 
to  be  exercised  in  accordance  with  such  regulations  "  as  legis- 
lature  prescribes   and   perform   other   duties    required    by    law. 
Majority    of  board    of    five    members    may    transact    business. 

(Miss.  VI  170.) 

Legislature   by  general    law   to   confer   "such   further    powers   of 

local    legislation   and   administration"   as  it   deems   expedient. 

(X.Y.  Ill  27.) 
To  make  apportionment  of  assembly  districts  pending  legislative 

apportionment.      (N.Y.  Ill  5.) 
Not   to  grant   extra   compensation   to    "  public   officer  ",    servant, 

agent  or  contractor.      (.N.Y,  Ill  28.) 
To  meet  at  stated  intervals  and  as  often  as  necessary,  and  per- 
form such  duties  as  required  by  law.      (Va.  VII  111.) 
Legislature  may  by  general   laws   confer  upon   boards  of   super- 
visors such  powers  of  local  and  special  legislation  as  it  deems 
expedient  not  inconsistent  with  constitution.      (Va.  IV  65.) 
Board  of  supervisors  to  pass  upon  all  claims  against  county  sub- 
ject to  such  appeal  as  provided  by  law.      (Va.  VII   111.) 
"  Such    powers   of    a    local,    legislative   and   administrative    char- 
acter "   as   it    shall   prescribe   may   be   conferred   by   the  legis- 
lature.     (Wis.  IV  22.) 


[mux    Mh.kst  ^S'o 

COUNTIES   (Cont'd) 

Supervisors  (Boabd  of)    (Cont'd) 

Qualifications  and  Disqualifications 

To  be  as  prescribed  by  law.  (Ariz.  XII  4.) 
No  person  to  be  member  unless  resident  freeholder  in  districl 
for  which  chosen.  Value  of  real  estate  necessary  to  qualify 
persons  in  the  several  counties  to  membership  on  board  to  be 
fixed  by  law.  (Miss.  VI  170,  176.) 
Member  not  to  hold  office  of  county  treasurer,  sheriff,  attorney 
for  the  commonwealth,  county  clerk,  commissioner  of  revenue. 
superintendent  of  poor,  or  county  surveyor.      (Va.  VII    113.) 

Term 

To  lie  approved  by  law.      (Ariz.  XII  3.) 

Legislature    to    prescribe   by   general    and    uniform    laws.       (Cal. 

XI  5.) 
Such  period  as  provided  by  law.      (X.Y.  Ill  26.) 
Term  expires  end  of  odd  numbered  year,  but   this  does  not  apply 
to  cities  of  third  class.      (Applies  to  supervisors  representing 

cities.)       (X.Y.  XII   3.) 

Surveyor 

In  General 

To  be  commissioned  by  governor.      (Ark.  Y1I  46.  4S.) 
Before   entering   on   duties,   and   as   often    thereafter    as   may    be 
deemed  proper,  to  give  bond   and  security   prescribed  by  law. 

(Ky.  103.) 
Subject   to   indictment    for   misfeasance  or   malfeasance   in   office 
or  wilful  neglect  of  duties  in  manner  prescribed  by  law;  con- 
viction to  vacate  office;   but  officer  to  have  right  to  appeal  to 

court  of  appeals.      (Ky.  227.) 
Legislature  to  have  power  to  "  increase,  diminish,  consolidate  or 
abolish  the  following  county  officers'*    (including  county   sur- 
veyor) .      (Xev.  IY  32.) 
To  procure  seal  inscribed  with  style  of  office  and  name  of  county. 
Seal  to  be  used   for  all   lawful   purposes   until   otherwise   pro- 
vided by  law.     Signature  sufficient   without    seal   until   seal    is 

secured.     (Okla.  Schcd.  22.) 

Appointment 

One  to  be  appointed  in  each  count  v  in  maimer  provided  by  law. 

(Va.  VII   110.) 

To  be  appointed  by  county  court.      (Surveyor  of  roads.)      (W.Va. 

.  1X2.) 

Compensation 

To  be  paid  such  salary  or  compensation  either  from   fees,  per- 
quisites and  emoluments  of  his  office,  or  from  general  county 
fund,  as  provided  by  law.     Thia  section  to  govern,  unless  other- 
wise  expresslv   provided  by  constitution.      (Colo.    \1\ 
To  be  prescribed  by  law.      I  Fla.  VIII  6:   Md.  VII  2:  Nev.   W    32; 

Tex.   XVI   44.) 


254  State  Constitutions 

COUNTIES    {Confd) 

Surveyor  (Cont'd) 

Creation  of  Office 

Office   of   surveyor   created   for   each   organized   county.      (Ariz. 

XII  3;  Okla.  XVII  2.) 
To  be  one  of  county  officers.     ( Pa.  XIV  1 . ) 
Election 

To  be  elected  by  qualified  electors  in  each  organized  county,  sub- 
ject to  change  by  law.      (Ariz.  XII  3.) 
To  be  elected  by  qualified  electors  of  each  county.      (Ark.  VII 

46;   Tex.  XVI  44;   W.Va.  IX   1,  2.) 
To   be   elected   in   each   county   at  the   election   for   members   of 
legislature.      This   section  to   govern   except   as   otherwise   ex- 
pressly provided  by  constitution.      (Colo.   XIV   8.) 
Legislature  to   provide   for   election   of   by   qualified   electors   in 

each  county.      (Fla.  VIII   6.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 

biennially  in  each  county.      (Ida.  XVIII  6.) 
Voters  of  each  county  to  elect  at  time  of  holding  general  election. 

(Ind.  VI  2;  Ore.  VI  0.) 
To  be  elected  in  each  county.      (Ky.  99.) 

To  be  elected  in  each  county  and  city  of  Baltimore;  on  first 
Tuesday  after   first  Monday  November,   1867,   and  every  two 

years.      (Md.  VII  2.) 
To  be  elected  in  each  county  in  manner  provided  by  law  for  each 

county.      (Miss.  V  135,  138.) 

Legislature  to  provide  for  election  by  the  people.     (Nev.  IV  32.) 

To  be  elected  by  qualified  voters  in  each  county  as  provided  for 

election  members  of  legislature;  "but  legislature  may  modify 

or  abrogate".     (N.C.  VII  1,  14.) 
To  be  elected  in  each  organized  county  every  two  years.      (S.D. 

IX  5.) 

Place  of  Office 

To  keep  office  in  the  county  town.      (Pa.  XIV  4.) 
To  have  office  at  county  seat.      (Tex.  XVI  44.) 
Powers  and  Duties 

To   be   prescribed   by   law.      (Ariz.    XII   4;    Ark.   VII    46;    Fla. 
VIII  6;  Md.  VII  2;  Xev.  IV  32;  Tex.  XVI  44.) 
Qualifications  and  Disqualifications 

To  be  as  prescribed  by  law.     (Ariz.  XTT  4.) 

Twenty-four  years  of  age  at  time  of  election;  citizen  of  Ken- 
tucky; resident  of  state  two  years  and  in  county  or  district 
in   which   he   is   candidate   one  vear   next   preceding   election. 

(Ky.  100.) 
Not  to  hold  office  of  county  treasurer,  sheriff,  attorney  for  com- 
monwealth,   county   clerk,   commissioner   of    revenue,   superin- 
tendent of  poor,  or  supervisor.      (Va.  VII  113.) 

Residence 

Must  reside  in  county  for  which  elected.      (Surveyor  of  lands.) 

(W.Va.  IX  1,  2.) 

-  -  -  - 


Index  Digest  255 


COUNTIES    [Cont'd) 
Surveyor  (Cont'd) 
Rotation  in  Office 

Not  to  be  eligible  for  more  than  four  years  in  succession.     (S.I). 

EX  5.) 
Term 

Two  years.      (Ariz.   XII   3;    Ark.   VII   46;    Ida.    Will    6;    Ind. 

VI  2;  Md.  VII  2;  Ore.  VI  6;  S.D.  IX  5.) 
Four  years.      (Fla.  VIII  0;   W.Va.  IX  1,  2.) 
To  commence  January  1st  next  after  election  and  to  continue  for 

four  years,  and  until  successor  qualities.      (  Ky.  99.) 
To  begin  first  Monday  January  after  election.      (Md.  VII  2.) 
Four  years  and  unless  removed  until  successor  duly  qualified  to 

enter  on  discharge  of  duties.      (Miss.  V  135,  136.) 
Two  years  and  until   successor  qualifies.      (Mont.   XVI   5;    Tex. 

XVI  44.) 
Two  years;   "but  legislature  may  modify  or  abrogate".      (N.C. 

VII  1,  14.) 

Vacancies 

To  be  filled  by  special  election  but  in  case  of  vacancy  occurring 
six   months   before  next   general   election   governor   to   fill   by 

appointment.      (Ark.  VII  50.) 
Conviction    for   misfeasance   or   malfeasance   in    office   or   wilful 

neglect  of  duties  renders  office  vacant.      (Ky.  227.) 
Vacancy  to  be  filled  by  county  commissioners  or  by  mayor  and 
eoimcil  of  Baltimore  for  balance  of  term.      ( Md.  VII  2.) 
Treasurer 

In  General 

Legislature  may  abolish   office  of  treasurer  in  any  county.      (Ga. 

XI   Sec.  Ill   1.) 
Office   created   in    each    organized   county.      (Ariz.   XII    3;    Okla. 

XVII  2;   Pa.  XIV  1.) 
To  be  commissioned   by  governor.      (Ark.  VII  46,  48.) 
To  have  oitice  at  county  seat.     (.Midi.  VIII  4;  Tex.  XV]  44.) 
Governor  to   suspend   treasurer   for  alleged  default   pending  in- 
vestigation of  his  accounts.      (Miss.  V   125.) 
To  procure  seal  inscribed  witli  style  of  office  and  name  of  county. 
Seal  to  ff  used   for  all   lawful  purposes  until   otherwise   pro- 
vided by  law.     Signature  sufficient   without   seal  until   seal    is 

secured.      (Ok hi.  Sched.  22.1 

Accounting  for  Public  Funds 

District  court  of  each  coUnty  at  each  term  to  charge  grand  jury 
as  to  laws  regulating  accountability  county  treasurer  and  to 
appoint  committee  of  grand  jury  or  other  reputable  persons 
not  exceeding  live  to  investigate  accounts  and  affairs  of 
treasurer  and  report  condition  thereof  to  court:  judge  of  court 
to  appoint  like  committee  in  vacation  at  any  time  not  exceeding 
once   in  three  months.      (Colo.   XII   5.) 

State  examiner  and  inspector  to  prescribe  uniform  system  of 
bookkeeping  for  treasurer.      (Okla.  VI   19.) 


iLMi  State  ( 'oxstitctioxs 

COUNTIES    (Cont'd) 
Treasurer  (Cont'd) 

Accounting  for  Public  Funds  {Cont'd) 

Clerk  of  circuit  court  to  forward   to  auditor  of  public  accounts 
certified   copy   of   county   treasurer's  list   of   persons   who  have 
paid  poll  tax  and  auditor  to  charge  full  amount  of  such  list 
to  treasurer  unless  previously  accounted   for.      (Va.  II   3S.) 
Legislature  to  provide  for  accountability  as  to  fees  collected  and 
all    public    moneys    paid    to    or    which    officially    come    into 
possession  of  treasurer.      (Wash.  XI  5.) 
State  examiner  to  examine  accounts  and  report  at  least  once  in 
each  year  to  officer  prescribed  by  law.      (Wyoj  IV  14.) 
Compensation 

To  be  paid  such  salary  or  compensation  either  from  fees,  per- 
quisites and  emoluments  of  his  office,  or  from  general  county 
fund,  as  provided  by  law.  This  section  to  govern  unless 
otherwise  expressly  provided  by  constitution.  (Colo.  XIV  8.) 
Legislature  may  fix  compensation  without  regard  to  uniformity 
of   such  compensation   in    the   various  counties.      (Ga.   XI   See. 

Ill    1.) 

To  receive  only  salary  fixed  by  law,  in  no  case  to  exceed  **  lawful 

compensation  "  of  circuit  court   judges  of  county  and  payable 

out   of    fees    of   his   office    actually    collected.       (Cook    county.) 

(111.    X  9.) 
To  be  provided  by   law.      (Tex.  XVI  44.) 

Legislature    to    regulate    compensation    in    proportion    to    duties 
and    for    that    purpose    may    classify    counties    according    to 

population.  (Wash.  XI  5.1 
'  onstitution  classifies  counties  into  those  having  assessed  valua- 
tion not  exceeding  $2,000,000,  those  having  more  than  $2,000,- 
000  and  not  exceeding  $5,000,000,  and  those  having  more  than 
$5,000,000, -and  fixes  definite  limits  of  salaries  for  each  class, 
leaving  exact  salary  to  legislature.  These  provisions  to  apply 
to  any  officer  of  county  performing  duties  usually  performed 
by  those  named  regardless  of  title  to  office.  (Wyo.  XIV  3,  5.) 
Deputies  and  Assistants 

When   authorized  by  county  commissioners  the  county  treasurer 
may  appoint  such  deputies  and  assistants  as  the  duties  of  his 
office    require    at    compensation    fixed    by    the    county    commis- 
sioners.     (Ida.   XVI II   6.) 
In    Cook    county    number    of    deputies    and    assistants    to    be    de- 
termined  by   rule   of  circuit   court   and   entered   of   record   and 
compensation  to  be  fixed   by  county  board.      (111.  X  !).) 
Election 

Id  be  elected  by  qualified  electors  in  each  organized  county  sub- 
ject   to  change  by   law.      (Ariz.   XII    3.) 
To  be  elected  by  qualified  electors  of  each  county.     (Ark.  VII  46; 

Tex.  XVI  44:   Va.  VII   110.) 
To  lie  fleeted  in  each  county  at  the  election  for  members  of  legis- 
lature.    This  section  to  govern   except  as  otherwise  expressly 
provided  by  constitution.      (Colo.  XIV  8.) 


I.xDk.x    Digest  257 


OUNTIES   (Cont'd) 
Treasurer  [Cont'd) 
Election  (Cont'd) 

Voters  of  each  county  to  elect  at  time  of  holding  genera]  election. 

(Ind.  VI  2;  Ore.  VI  6.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 

biennially  in  each  county.      (Ida.  XVIII  6.) 
To  be  elected  in  each  county  at  general  election  Tuesday  after 
first  Monday  in  November,   1882,  and  every  four  years  follow- 
ing.     (111.  X  8.) 
To  be  elected  in  each  organized  county  every  two  years.      (Mich. 

VIII   3;    S.D.   IX  5.) 
To  be   selected   in   each   county    in  manner   provided   by   law    for 

each  county.  (Miss.  V  135,  138.) 
To  be  elected  by  inhabitants  of  towns  in  the  several  counties 
"according  to  the  method  now  practiced"  and  laws  of  state; 
but  legislature  may  change  manner  but  not  deprive  people 
of  right  to  elect.  (N.H.  II  70.) 
To  be  elected  by  qualified  voters  in  each  county  as  provided  for 
election  members   of   legislature;   but   legislature   may   modify 

or  abrogate.      (NX).  VII  1,  14.) 
To  be  elected  in  each  organized  county.      (X.D.  X  173.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 

in  each  county.      (Wash.  XI  5.) 
Fees 

Fees,  perquisites  and  emoluments  in  excess  of  salary  authorized 
to   be   paid  therefrom,   to   be   paid   into   the  county  treasury. 

(Cook  county.)    (111.  X  9.) 
Powers  and  Duties 

To  be  prescribed  by  law.      (Ariz.  XII  4;  Ark.  VII  46;  Mich.  VIII 

3;  Tex,  XVI  44;  Wash.  XI  5.) 
To    be    ex-offieio    treasurer    of    common    school    fund    of    county. 

(Ark.  VII  46.) 
To  be  collector  of  taxes.     This  section  to  govern  except  as  other- 
wise expressly  provided  by  the  constitution.      (Colo.  XIV  8.) 
To  be   ex-offieio   public   administrator   and   tax   collector.      (Ida. 

XVIII   6.) 

Shall  be  collector  of  taxes.      (Mont.  XVI  5.) 
Qualifications  and  Disqualifications 

To  be  prescribed  by  law.      (Ariz.  XII  4.) 

Treasurer  ineligible  to  seat  in  legislature.      (Ark.  V  7.) 

To  be  elector  of  county  in  which  elected.      (N.D.  X  173.) 

Not    to    be    member    of    legislature,    and    qualification    as    «b^ 

member  to  vacate  office.     (Va.  IV  44.) 
Not  to  hold  office  of  sheriff,  attorney  for  commonwealth,  county 

clerk,  commissioner  of  revenue,  superintendent  of  poor,  county 

surveyor,  or  supervisor.      (Va.  VII    113.) 
Removal 

May  be  removed  by  circuit  or  other  court  of  like  jurisdiction  or 

criminal  court  of  county  in  which  such  officer  holds  office  as 

9 


258  State  Constitutions 


COUNTIES   {Cont'd) 

Treasurer  [Cont'd) 
Removal    (Cont'd) 

prescribed  by  law,  provided  that  right  to  jury  trial  and 
appeal  be  secured.  Grounds  for  removal :  "  Wilful  neglect 
of  duty,  corruption  in  office,  incompetency,  or  intemperance 
in  the  use  of  intoxicating  liquors  or  narcotics  to  such  an 
extent,  in  view  of  the  dignity  of  the  office  and  the  importance 
of  its  duties,  as  unfits  the  officer  for  the  discharge  of  such 
duties,  or  for  any  offense  involving  moral  turpitude  while 
in  office  or  committed  under  color  thereof  or  connected 
therewith."  Penalty  not  to  extend  beyond  removal  and  dis- 
qualification from  holding  office  under  authority  of  state 
for  term  for  which  such  officer  was  elected  or  appointed,  but 
accused  to  be  liable  to  indictment  or  punishment  as  pre- 
scribed by   law.      (Ala.   VII    173,    175,    176.) 

Rotation  in  Office 

Xot  eligible  more  than  four  years  in  any  six.      (Ind.  VI  2;  Ohio 

X  3.) 
Not    eligible   for   re-election    for    four   years   after   expiration   of 

term  for  which  elected.      (111.  X  8.) 
Xot  'to  hold  office  for  more  than  two  consecutive  terms.      (Kan. 

IV  2;   Mont.  XVI  5.) 
Xot   eligible   to   "  immediately   succeed "   himself   or   the   county 

sheriff.      (Miss.   V   135.) 
Xot  to  hold  office  for  more  than  four  years  in  succession.     (X.D. 

X    173;    S.D.   IX   5.) 
Xot  eligible  for  next  succeeding  term.      (Pa.  XIV  1.) 

Term  of  Office 

Two  years/     (Ariz.  XII  3;   Ark.  VII  46;   Ind.  VI  2;  Ore.  VI  6; 

S.D.   IX   5.) 

To  commence  on   first  Monday  of  December   after   election,   and 

to  continue  for  four  years  and  until  successor  qualifies.      (111. 

X  8.) 
Term    four    years    and    unless    removed    until    successors    duly 

qualified  to  enter  on  discharge  of  duties.     (Miss.  V  135,  136.) 
Two  years  and  until   successor  qualifies.      (Mont.  XVI   5;   XT.D. 

X   173;    Tex.   XVI   44.) 
Two  years,   "but  legislature  may  modify   or  abrogate".      (X.C. 

VII  1,  14.) 
To  be  fixed  by  legislature.      (Wash.  XI  5.) 

Vacancies 

To  be  filled  by  special  election  but  in  case  of  vacancy  occurring 
six   months   before   next  general   election   governor   to   fill   by 

appointment.      (Ark.  VII  50.) 
Governor  to  make  temporary  appointments  during  such  time  as 
treasurer  is  suspended  for  alleged  default  in  accounts.      (Miss. 

V  125.) 


IiNDKX     D[(il'.ST  259 


)UNTIES   (Cont'd) 
Employees 

See  also  Labor  —  Public  Work. 

Employees   of   county   officers   not   eligible   to    serve   as   election   of- 
ficers.    (Ark.  Ill   10.) 
No  state  officer  or  deputy  or  member  of  legislature  to  be  employee 
of  county;  but  notary,  public  or  officer  of  militia  not  to  be  ineligi- 
ble   (Ky.  165.) 
Legislature  may  regulate  and  fix  wages  and  salaries  and  hours  of 
work,   and   make   provision   for   protection,   welfare   and   safety   of 
county  employees.      (N.Y.  XII   1.) 
"  Appointments  and  promotions  in  the  civil  service     *     *     *     shall 
be  made  according  to  merit  and  fitness,  to  be  ascertained,  as  far 
as  practicable,  by  competitive  examinations."     (Ohio  XV  10.) 
Corrupt  Practices 

See    also    above,    this    title,   Officers  —  Accounting    for    Public 

Funds. 
See  also  above,  this  title,  Officers  —  Vacancy  in  Office  —  What 

Constitutes. 
In  General 

Officer  not  to  receive  during  term  any  fee,  money,  office,  em- 
ployment, thing  of  value  or  personal  advantage,  or  the  promise 
thereof,  to  lobby  for  or  against  measures  pending  in  legisla- 
ture or  to  give  or  withhold  his  influence  to  secure  passage  or 

defeat  thereof.     (Ala.  IV  101.) 
Making  a  profit  out  of  funds  or  using  for  purpose  not  author- 
ized by  law  by  any  officer  having  possession  or  control  thereof 
to  be  felony;   prosecuted  and  punished  as  prescribed  by  law. 

(Cal.  XI  17.) 
Receiving  by  officer  of  county  or  member  or  officer  of  legislature 
of  interest,  profit  or  perquisite  arising  from  use  or  loan  of 
public  funds  in  his  hands  or  moneys  to  be  raised  through 
his  agency  for  county  purposes  to  be  felony  punishable  as 
prescribed    by    law,    including    disqualification    from    holding 

office.  (Ga.  VII  Sec.  IX  1.) 
Receiving  any  interest,  profit  or  perquisite  arising  from  use 
or  loan  of  public  funds  in  his  hands  or  moneys  to  be  raised 
through  his  agency  for  state,  city,  town,  district  or  county 
purposes  to  be  felony,  punished  as  prescribed  by  law,  in- 
cluding disqualification  to  hold  office.  (Ky.  173;  Okla.  X  11.) 
If  any  person  offers  or  gives  any  sum  of  money,  bribe,  present, 
reward,  promise  or  any  other  thing  to  any  parochial  officer 
with  intent  to  induce  or  influence  him  to  appoint  any  person 
to  office,  to  vote,  or  exercise  any  power  in  him  vested,  or  to 
perform  any  duty  of  him  required,  the  person  giving  or  offer- 
ing to  give  and  the  officer  so  receiving  any  money,  bribe, 
present,  reward,  promise,  contract,  obligation  or  security  with 
intent  aforesaid  shall  be  guilty  of  bribery,  and  on  conviction. 
be  disqualified  from  holding  any  state,  parochial  or  municipal 
office,  and  be  forever  ineligible  to  seat  in  legislature;  legis- 
lature may  enact  additional  penalties.      (La.   183.) 


::    ::      ■ 


COUNIIZS 

In  General 

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XV   - 
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Tnkkx   Digest  -,;1 

UNTIES   IConrd) 
Powers  and  Rights    [Cont'd) 
In  General  (Cont'd) 

May  make  and  enforce  within  its  limits  such  local,  police,  sani- 
tary and  other  regulations  as  are  not  in  conflict  with  its 
charter  or  general  laws.  (Ida.  XII  - 
"  Legislature  may  confer  upon  tribunals  transacting  the  county 
business  of  the  several  counties,  such  powers  of  local  legisla- 
tion and  administration  as   it  shall  deem  expedient."      (Kan. 

II  21.) 
To  have  such  powers  as  may  be  prescribed  by  law.     (La.  277.) 

Restrictions  Upon 

stock  and  Bond  Holding 

See  also  beloic,  this  title,  Finances  —  Expenditures. 
Legislature  not   to  authorize  to  become  stockholder   in  any 
corporation,  association,  or  company  by  issuing  bonds  or 

otherwise.      (Ala.  IV  94.) 
Not  to  become  subscriber  to  or  shareholder  in  any  company 

or  corporation.      (Ariz.  IX  7:   Colo.  XI  2.) 
Not  to  become  stockholder  in  company,   association  or  cor- 
poration.    (Ark.  XII  5.) 
Not  to   become   shareholder   in   any   private  corporation   or 

company.      (Del.  VIII  8.) 
Legislature   not   to   authorize  becoming   stockholder   in   for- 
eign association  or  corporation.      (  Fla.  IX  10.) 
Legislature  not  to  authorize  to  become  stockholder  in  com- 
pany, association  or  corporation  except  for  purely  chari- 
table purpose.      (Ga.  VII  Sec.  VI  1.) 
County  not  to  become  by  vote  of  its  citizens  or  otherwise 
stockholder    in   any   joint   stock   company,   corporation   or 

association.      (Ida.  XII  4.) 
Nut   to   subscribe   for   unless   paid   at    time   of   subscript  inn. 

(Ind.  X  6.) 
Legislature    not    to    authorize    any    county    or    subdivision 
thereof   to  become   stockholder   in   any   company,   associa- 
tion or  corporation.      (Ky.  179;  Okla.  X  17.) 
Not  to  become  subscriber  to  or  owner  of  stock  or  interest 
therein  of  any  railroad,  private  corporation  or  association. 

iXebr.  XI A  1.) 
Not  to  become  stockholder  in  joint  stock  company,  corpora- 
tion or  association  except  railroad  corporation,  companies 
or  associations.      (Nev.  VIII  10.) 
Not   to    be    directly    or    indirectly    owner    of    any    stock    or 
bonds    of    any    association   or    corporation.      (N.J.    I    19; 

Wash.  VIII  7.) 

Not  to  become  directly  or  indirectly  owner  of  stock  or  bonds 

of  association  or  corporation;   but  this  does  not  prevent 

making  such  provision  for  aid  in  support  of  its  poor  as 

may  be  provided  by  law.      (N.V.  VIII  10.) 


262  State  Constitutions 


COUNTIES   [Cont'd) 

Powers  axd  Rights    {Cont'd) 
Restrictions   Upon    (Cont'd) 

Stock  and  Bond  Holding    (Cont'd) 

Xot  to  sub&cribe  to  or  become  owner  of  capital  stock  of  any 
association  or  corporation.      (N.D.  XII  185.) 

Xot  to  become  holder  of  corporate  stock  by  vote  of  citizens 
or  otherwise!     (Ore.  XI  9.) 

Legislature  not  to  authorize  becoming  stockholder  in  com- 
pany,  association   or   corporation.      (Pa.   IX,  7;    Tex.   Ill 

52.) 

Legislature  not  to  authorize  county  to  subscribe  to  stock  or 
bond  in  aid  of  any  railroad,  telegraph,  or  other  private 
individual  or  corporate  enterprise  or  undertaking.      (Utah 

VI  31.) 

Xot  to  become  owner  of  corporate  stock  in  any  association 
or  corporation.      (Wyo.  XVI  6.) 

Not  to  subscribe  to  stock  or  purchase  bonds  or  make  dona- 
tion to  any  railroad  corporation;  but  this  does  not 
affect  validity  of  bonds  or  debts  incurred  under  laws 
existing  prior  to  constitution.      (Conn.  Amend.  XXV.) 

Subscription  to  capital  stock  of  any  railroad  or  private  cor- 
poration forbidden,  but  this  not  to  affect  right  to  make 
such  subscriptions  when  authorized  under  existing  laws 
by  vote  of  people  prior  to  adoption  of  this  amendment. 
(111.  Amend.  1870  —  Municipal  subscriptions  to  corpor- 
ations separately  submitted.) 

Xot  to  become  subscriber  to  stock  of  railroad  or  other  cor- 
poration or  association.  Authority  granted  prior  to  con- 
stitution for  such  purpose  by  legislature  or  corporate 
charter  hereby  repealed.  This  not  to  affect  right  to  make 
subscription  authorized  by  vote  of  people  prior  to  consti- 
tution in  pursuance  of  law  then  existing  and  where  terms 
of  submission  and  subscription  have  been  or  shall  be  com- 
plied with;  or  to  prevent  issue  of  renewal  bonds  or  other 
means  prescribed  by  law  for  payment  of  such  subscrip- 
tion or  of  any  indebtednass  prior  to  constitution.      (Miss. 

VII    183.) 

Xot  to  become  subscriber  to  stock  of  railroad  or  other  cor- 
poration or  association;  authority  previously  conferred 
by  legislature  or  by  charter  of  any  corporation  repealed; 
but  this  not  to  prevent  such  subscription  where  author- 
ized by  vote  of  people  prior  to  constitution  or  to  prevent 
renewal  bonds  or  other  means  prescribed  by  law  for  pay- 
ment of   such  subscription  or  of   any   indebtedness  prior 

to  constitution.      (Mo.  IX  6.) 

Not  to  become  subscriber  to  stock  of  private  corporation  or 
association ;  this  not  to  affect  obligations  undertaken 
pursuant    to    law    prior    adoption     constitution.       (Tex. 


XI   3.) 


Index  Digest  2G3 


COUNTIES    (Cont'd) 

Powers  and  Rights    (Cont'd) 
Restrictions   Upon    (Cont'd) 

Stock  and  Bond  Holding    (Cont'd) 

Not  to  subscribe  to  or  become  interested  in  "stock  or  obli- 
gations "  of  company,  association  or  corporation  "  for 
the  purpose  of  aiding  in  the  construction  or  maintenance 
of  its  work ",  but  this  not  to  prevent  county  perfecting 
subscription  to  capital  stock  of  railroad  company  author- 
ized by  exising  charter  provided  vote  of  freeholders  of 
such  county  in  favor  of  such  subscription  is  had  prior 
to  July    1,    1903.      (Constitution  effective  July    10,    1902.) 

(Va."  XIII   185.) 
Joint  Ouvership 

Not  to  become  "  joint  owner  with  any  person,  company  or 
corporation,  except  as  to  such  ownerships  as  may  accrue 
to  the  state  by  operation  or  provision   of   law".      (Ariz'. 

IX  7.) 

Xot  to  become  joint  owner  with  any  person  or  corporation, 
"  public  or  private "  "  in  or  out  of  state "  except  such 
ownership  as  may  accrue  to  county  jointly  with  any  per- 
son, company  or  corporation  by  forfeiture  or  Bale  of  real 
estate  for  non-payment  of  taxes,  or  by  donation  or  de- 
vise for  public  use,  or  by  purchase  by  or  on  behalf  of  any 
or  either  of  them  jointly  with  any  or  either  of  them 
under  execution  in  cases  of  crimes,  penalties  or  forfeiture 
or  recognizance,  breach  of  condition  of  official  bonds,  or 
of  bond  to,  secure  public  money,  or  the  performance  of 
any  contract  in  which  they  or  any  of  them  may  be  jointly 
or  severally    interested.      (Colo.   XI   2.) 

Not  to  become  joint  owner  with  any  private  corporation, 
person  or  company.      (Del.  VIII  S.) 

No  law  to  authorize  becoming  joint  owner  or  stockholder  in 
any  company  by  vote  of  citizens  or  otherwise;  but  this 
does  not  prevent  insuring  public  buildings  in  mutual  in- 
surance companies.      (Ohio  VIII  6.) 

Xot  to  become  "  stockholder  with  others  "  in  company,  asso- 
ciation or  corporation,  except  on  assent  of  three-fourths 
qualified    voters   voting    at   election    thereon.       (Tenn.    II 

29.) 

Coin-tbol  by  State 
In  General 

Local  and  private  acts  passed  for  the  benefit  of  counties  not  in- 
consistent with  supreme  law  or  this  constitution  and  not  ex- 
pired or  repealed  prior  to  its  adoption  to  have  force  of  statute 
law  subject  to  judicial  decision  as  to  validity  when  passed  and 
to   limitations    imposed  bv    their    own    terms.      (Ga.   XII    Sec. 

I    4.) 

Power  of  initiative  and  referendum  reserved  to  legal  voters  of 

every  county  and  district  "  as  to  all  local  legislation  or  action 


264  State  C<>.\si  i  n  tioxs 


COUNTIES    (Confd) 

Contbox  by  State   {Cont'd) 
In  General  (Cont'd) 

in  the  administration  of  .county  and  district  government ". 
Manner  of  exercising  these  powers  to  be  prescribed  by  gen- 
eral laws,  but  boards  of  county  commissioners  may  provide 
for  time  of  exercising  such  powers  as  to  local  legislation. 
Number  of  petitioners   required  provided   for.      (Okla.   V  5.) 

Restrictions  Upon 

Legislature  not  to  delegate  to  any  special  commission,  private 
corporation,  company,  association  or  individual  "  any  power 
to  make,  control,  appropriate,  supervise  or  in  any  way  inter- 
fere with  any  county  "  improvement,  money,  property  or  effects 
whether  held  in  trust  or  otherwise,  or  to  levy  taxes  or  assess- 
ments or  perform  any  municipal  functions  whatever,  but  legis- 
lature may  provide  for  supervision  and  conduct  of  affairs  of 
irrigation  districts,  reclamation  districts  or  drainage  districts. 

(Cal.  XI  13.) 

Special  and  local  legislation  regulating  affairs  of  counties  for- 
bidden. (Cal.  IV  25;  Colo.  V  25;  Ida.  Ill  19;  111.  IV  22; 
Ind.  IV  22;  Minn.  IV  33;  Mo.  IV  53;  Mont.  V  26;  N.M.  IV 
24;   N.D.   II   69;    Okla.  V  46;    Pa.   Ill   7;    S.D.   Ill   23;    Tex. 

III  56;   YV.Va.  VI  39;   Wyo.  Ill  27.) 

Legislature  not  to  pass  law  for  benefit  railroad  or  other  corpora- 
tion or  any  individual  or  association  retrospective  in  its  opera- 
tion or  which  imposes  on  people  of  county  new  obligation  in 
respect    to    transactions     or    considerations    already     passed. 

•      (Colo.  XV  12;  Mo.  XII  19.) 

Legislature  not  to  pass  law  for  benefit  of  railroad  or  other  cor- 
poration, or  any  individual  or  association,  which  imposes  on 
people  of. any  county  a  newT  liability  in  respect  to  transactions 
or  considerations  already  passed.     (Ida.  XI  12;  Mont.  XV  13.) 

Legislature  not  to  enact  indirectly  any  special  or  local  act  by 
exempting  from  the  operation  of  a  general  act.      (Ky.  60.) 

Local  and  special  legislation  regulating  county  affairs  forbidden; 
but  this  does  not  restrict  power  of  legislature  to  establish 
and  regulate  compensation  and  fees  of  county  officers.      (Nev. 

IV  20;  Utah  VI,  26,  11.) 

Private,   local   and   special   laws   regulating   internal   affairs  pro- 
hibited.    (X.J.  IV  7,  11.) 
Finances 

For  provisions  incidentally  relating  to  finances,  See  also  above,  this 
title,  •' Powers  and  Rights  "  and  "  Control  by  State". 

In  General 

For  provisions  tespepting  r<  i mbursement  of  state  for  payment  of 

judges'  salaries,  See  Courts. 
Legislature  not  to  require  counties  to  pay  any  charges  which  at 
time  adoption  constitution  were  payable  out  of  state  treasury. 

(Ala.  XI  218.) 


I  \IiKX     1  )]<.!.-  I  265 


OUNTIES   (Cont'd) 
Finances   ( Cont'd ) 

In  General    (Cont'd  i 

Any  citizen  may  institute  suit    in  behalf  of  himself  and  others 
interested  to  protect  inhabitants  of  county  against    "  enforce- 
ment of  any  illegal  exactions  whatever".     (Ark.  XVI  3.) 
Legislature  to  provide  by  law  ■■  for  the  care  and  custody  of  all 
county  "  funds,  and  "  the  method  of  reporting  and  paying  out" 

thereof.  (Fla.  VII]  6.) 
Legislature  to  provide  by  law  "  such  a  system  of  county  finances 
as  shall  cause  the  business  of  the  several  counties  to  he  con- 
ducted on  a  cash  basis  ".  Legislature  to  provide  that  when- 
ever county  has  outstanding  unpaid  warrants  for  payment  of 
which  there  are  no  funds  in  county  treasury,  county  commis- 
sioners to  levy  special  tax  of  10  mills  for  creation  of  special 
fund  for  redemption  such  warrants.  All  warrants  issued 
before  such  levy  to  be  paid  exclusively  from  said  fund;  all 
moneys  in  county  treasury  end  of  each  fiscal  year  not  needed 
for  current  expenses  to  be  transferred  to  said  redemption  fund. 

(Ida.  VII  15.) 
Control   of    excess    in   "  judicial   expense    fund   of   the   parish   of 
Orleans  "   made  up   of   fees  by   clerks   of   specified   courts   and 
registers   of   conveyances   and   recorder   of   deeds   after   paying 
salaries  and  office  expenses  to  be  vested  in  judges  of  civil  dis- 
trict court.      (La.  155.) 
Local  or   special   legislation   refunding  money   paid   into   county 

treasury  forbidden.      (Nev.  IV  20.) 
Legislature  to  pass  suitable  laws  for  transfer  and  disbursement 
of  funds;   officers  charged  therewith  shall  keep  accurate  entry 
of  each  sum  received  and  of  each   payment  and  transfer,  and 

give  bond.      (S.C.  X  12.) 

Claims  By  and  Against 

'"In  all  cases  of  allowances  made  for  or  against  "  county  appeal 
to  lie  to  circuit  court  at  .instance  of  party  aggrieved  or  on 
intervention  of  citizen  or  resident  and  taxpayer  of  county  on 
terms  and  conditions. on  which  appeals  granted  to  that  court 
in  other  cases.  Matter  to  be  tried  de  novo.  Citizen  appealing 
to  give  bond  payable  to  county,  conditioned  to  prosecute  appeal 
and  save  county  from  costs  thereon.     (Ark.  VII  51.) 

Legislature  not  to  pay  or  authorize  payment  of  claim  under  con- 
tract made  without  express  authority  of  law.      (Cal.  IV  32.) 

Counties  not  to  be  authorized  or  permitted  to  pay  claim  under 
contract  made  without   express  authority  of  law.      (Ky.   162.) 

Legislature  not  to  pay  or  authorize  payment  of  claim  against 
parish  under  contract  made  without  express  authority   of  law. 

(La.  47.) 

County  not  to  be  made  responsible  for  acts  of  sheriff.  (Mich. 
VIII  5;  X.V.  X  1;  Va.  VII    114;  Wis.  VI  4.) 


266  State  Constitutions 


COUNTIES   (Cont'd) 
Finances    ( Cont'd ) 

Claims  By  and  Against    (Cont'd) 

Legislature  not  to  authorize  payment  of  claim  hereafter  created 
against  county  under  contract  made  without  express  authority 

of  law.  (Mo.  IV  48.) 
Execution  not  to  issue  on  judgment  against  board  of  county  com- 
missioners or  against  any  officer  of  county  in  his  official 
capacity  and  for  which- the  county  is  liabh,  but  such  judgment 
shall  be  paid  out  of  the  proceeds  of  a  tax  levy  and  when  so 
collected  shall  be  paid  by  "  county  treasurer  "  to  the  judgment 

creditor.  (N.M.  VIII  7.) 
No  bills,  claims,  accounts  or  demands  to  be  audited,  allowed  or 
paid  until  full  itemized  written  statement  shall  be  filed  with 
the  auditing  officer.  (N.D.  XII  186.) 
If  death  ensues,  county  where  lynching  takes  place  to  be  liable 
without  regard  to  conduct  of  officers  "  in  exemplary  damages  " 
not  less  than  $2,000  to  legal  representatives  of  person  lynched; 
and  county  against  which  judgment  may  be  recovered  in  such 
case  may  recover  from  "  parties  engaged  in   said   lynching ". 

(S.C.  VI  6.) 

Legislature  not  to  authorize  payment  of  claims  created  against 

county  under  contract  made  without  authority  of  Jaw.      (Tex. 

Ill  53.) 
Legislature  not  to  authorize  payment  of  any  claim  hereafter 
created  against  the  county  under  contract  "  made  without 
authority  of  law  ",  but  this  does  not  apply  to  claims  incurred 
by  public  officers  in  execution  of  state  laws.  (Utah  VI  30.) 
All  claims  against  county  to  be  passed  on  by  board  of  super- 
visors   subject    to    such    appeal    as    provided    by    law.       (Va. 

VII  111.) 

"  No  bills,  claims,  accounts  or  demands  against  the  county  "  shall 

be  audited,  allowed  or  paid  until  a  full  itemized  statement  in 

writing  verified  by  affidavit  shall  be  filed  with  the  officer  or 

officers  whose  duty  it  may  be  to  audit  same.     (Wyo.  XVI  7.) 

Release  of  Obligations 

No  obligation  or  liability  of  person,  association  or  corporation 
held  or  owned  by  county  to  be  remitted,  released  or  postponed 
or  in  any  way  diminished  by  legislature  nor  extinguished 
except  by  payment,  nor  exchanged  or  transferred  except  upon 
payment  of  face  value;  but  this  does  not  prevent  legislature 
providing  by  general  law  for  compromise  of  doubtful   claim. 

(Ala.  IV  100.) 

Legislature  not  to  release,  diminish  or  authorize  release  or 
diminution  in  whole  or  in  part  indebtedness  or  liability  of  any 
corporation  or  individual  to  county.     (Ky.  52.) 

Legislature  not  to  release  or  extinguish  or  authorize  releasing 
or  extinguishing  any  part  of  indebtedness  or  obligation  of  cor- 


Index   Digest  207 


:OUNTIES   (Cont'd) 
Fi  NANCES    ( Cont'd ) 

Release  of  Obligations    [Cont'd) 

poration  or  individual  to  parish,  but  heirs  to  confiscated  prop- 
erty may  be  released  from  taxes  due  thereon  at  date  of  its  re- 
version to  them.      (La.  59.) 
Obligation  due  county  not  to  be  remitted,  released  or  postponed 
or    in    any   way    diminished    except   by    payment    into    proper 
treasury;  not  to  be  exchanged  or  transferred  except  upon  pay- 
ment of  its  face  value;  but  legislature  may  provide  by  law  for 
the  compromise  of  doubtful  claims.      (Miss.  IV  100.) 
Legislature  not  to  release  or  extinguish  in  whole  or  in  part  in- 
debtedness, liability  or  obligation  of  corporation  or  individual 

to  the  county.     (Mo.  IV  51.) 

Local   or   special  legislation   releasing  indebtedness,   liability  or 

obligation  of  person  or  corporation  to  county  forbidden.     (New 

IV  20.) 

Legislature  not  to  release  or  extinguish  or  authorize  releasing  or 

extinguishing  in  whole  or  in  part  the  indebtedness,  liabilities 

or  obligations  of  corporation  or  individual  to  county.     (Okla. 

V  53;   Tex.  Ill  55.) 
Deposit  of  Funds 

"  All  moneys,  assessments  and  taxes  belonging  to  or  collected  for 
the  use  of  "  county  coming  into  hands  of  officer  thereof  to  be 
immediately  deposited  with  treasurer  or  other  legal  depositary 
to  its  credit  for  benefit  of  funds  to  which  they  belong.      (Cal. 

XI  16;  Wash.  XI  15.) 

All  moneys  belonging  to  county  may  be  deposited  in  any  national 
bank  within  county  or  in  any  bank  organized  under  laws  of 
state  in  manner  and  under  conditions  provided  by  law.      (Cal. 

XI  16%.) 

Banks  of  deposit  to  furnish  as  security  for  deposits  bonds  of 
United  States,  California  or  any  county,  municipality  or 
school  district  or  irrigation  district  within  county,  to  be  ap- 
proved by  officer  designated  by  law,  to  an  amount  in  value  at 
least    10    per    cent,    in    excess   of    amount    of    deposit.       (Cal. 

XI  16%.) 

Banks  to  pay  reasonable  rate  of  interest  not'less  than  2  per  cent, 
per  annum  on  daily  balances.     (Cal.  XI  16%.) 

Deposit  in  banks  not  at  any  one  time  to  exceed  50  per  cent,  of 
paid-up  capital  stock  of  depository  bank,  and  no  officer  to 
deposit  at  one  time  more  than  20  per  cent,  of  public  moneys 
available  for  deposit  in  any  bank  while  there  are  other 
qualified  banks  requesting  such  deposits.     (Cal.  XI  16%.) 

All  county  money  except  as  otherwise  provided  in  constitution 
shall  whenever  practicable  be  deposited  in  a  national  bank  <>r 
bank  incorporated  under  laws  qf  state;  bank  to  furnish  secu- 
rity approved  as  provided  by  law  and  to  pay  reasonable  rate  of 
interest,  such  interest  to  accrue  to  the  fund  from  which  it   is 

derived.      (Wyo.  XV  7.) 


268  State  Constitutions 


COUNTIES  (Cont'd) 
Finances    (Cont'd) 
Expenditures 
In  General 

Legislature  to  empower  board  of  supervisors  of  each  county 
to  aid  in  supporting  company  of  national  guard  within 
county  borders  under  regulations  and  restrictions  pre- 
scribed by  law.  (Miss.  IX  222.) 
"  The  expenses  of  criminal  prosecutions  except  those  before 
justices  of  the  peace  shall  be  borne  by  the  county  in 
which  such  prosecution  shall  be  begun."  Defendants  in 
case    of    conviction    may    be    taxed    with    costs.       (Miss. 

XIV  261.) 
Donations  in  aid  of  internal  improvements  in  aggregate  with 
similar  donations  of  subdivisions  of  count}'  not  to  exceed 
10  per  cent,  of  assessed  valuation  of  county.  Not  to  be 
made  unless  proposition  has  first  been  submitted  to  quali- 
fied electors  at  an  election  authorized  by  law.  On  two- 
thirds  vote  limit  may  be  increased  to  5  per  cent,  in  addi- 
tion to  10  per  cent,  of  assessed  valuation.  (Nebr.  XII  2.) 
Not  to  pay  any  debt  or  interest  thereon  contracted  directly 

or  indirectly  in  aid  of  the  Rebellion.     (N.C.  VII  13.) 
Not  to  pay  any  debt  or  obligation  created  by  county  in  aid 
of  Civil  War.     (Va.  XIII  186.) 
Aid  to  Private  Enterprise 

For  provisions  relating  to  power  of  county  to  lend  its  credit 
to  or  incur  dehts  to  or  in  aid  of  private  enterprise,  See 
below,  this  title,  Debt  —  Purpose. 
Legislature  not  to  authorize  counties  to  grant  public  money 
or  thing  of  value  to  or  in  aid  of  individual,  association  or 
corporation  by  issuing  bonds  or  otherwise.  (Ala.  IV  94.) 
Not  to  make  any  donation  by  subsidy  or  otherwise  to  indi- 
vidual,  association   or   corporation.      (Ariz.   IX   7;    Mont. 

XIII  1.) 
Not  to  appropriate  or  obtain  money  for  any  company,  asso- 
ciation or  corporation.      (Ark.  XII  5.) 
Not  to  make  donation  or  grant  to  or  in  aid  of  any  person, 
company  or  corporation  "  public  or  private  "  in  or  out  of 

county.     (Colo.  XI  2.) 
Not  to  appropriate  money  to  any  private  corporation,  person 

or  company.     (Del.  VIII  8.) 
Legislature    not    to    authorize    obtaining    or    appropriating 
money    for    corporation,    association,    institution    or    indi- 
vidual.     (Fla.  IX  10.) 
Not  to  make  by  vote  of  citizens  or  otherwise  donation  to  or 
in  aid  of  any  joint-stock  company,  corporation  or  associa- 
tion.    (Ida.  XII  4.) 
Donations    to    railroad    or    private    corporation    prohibited. 
(111.    Amend.    1870    Municipal    subscriptions    to    corpora- 
tions separately  submitted.) 


r.Mux    Digest  200 


COUNTIES   (Cont'd) 
Finances   ( Cont'd ) 

Expenditures    (Cont'd) 

Aid  to  Private  En f&mpriae   (t'uni'd) 

Not  to  make  appropriation  in  aid  of  any  railroad  or  other 

corporation  or  association.      (Miss.  VII  183.) 
Legislature  not  to  authorize  to  grant  public  money  or  thing 
of  value  to  or  in  aid  of  individual,  association  or  corpora- 
tion.    (Mo.  IV  47;  Tex.  Ill  52.) 
Appropriation  or  donation  to  or  in  aid  of  railroad  or  other 
corporation     or     association     forbidden.       Authority     pre- 
viously   conferred    by    legislature    or    by    any    corporate 
charter  repealed.      (Mo.  IX  6.) 
Forbidden  to  give  or  loan  money  to  or  in  aid  of  any  indi- 
vidual, association  or  corporation.      (N.J.  I  10.) 
Legislature  not  to  authorize  county  or  subdivision  thereof  to 
obtain  or  appropriate  money  for  or  levy  tax  for  any  cor- 
poration, association  or  individual.      (Okla.  X  17.) 
Legislature  not  to  authorize  appropriation  of  money  to  "  any 
corporation,  association,  institution  or  individual".     (Pa. 

IX  7.) 
Not  to  make  appropriation  or  donation  to  private  corpora- 
tion or  association;   this  not  to  affect  obligations  under- 
taken pursuant  to  law  prior  adoption  constitution.     (Tex. 

XI  3.) 

Donations    to    aid    railroad    or    telegraph    lines    forbidden. 

(Wyo.  X  Railroads  5.) 

County  not  to  make  appropriation  or  pay  from  any  public 
fund  or  grant  anything  to  or  in  aid  of  religious  sect, 
church,  creed  or  sectarian  purpose  or  help  to  support  or 
sustain  any  school,  college,  university,  hospital  or  other  in- 
stitution controlled  by  any  religious  creed,  church  or  sec- 
tarian denomination ;  but  this  does  not  prevent  legislature 
granting  aid  to  institutions,  for  the  support  and  mainte- 
nance of  dependent  children  and  indigent  aged  persons, 
authorized  by  constitution.      (Cal.  IV  30.) 

Legislature  not  to  authorize  counties  to  appropriate  money 
for  corporation,  association,  company,  institution  or  in- 
dividual, except  for  purely  charitable  purposes.      (Ga.  VII 

Sec.  VI  1.) 

Legislature  not  to  authorize  county  to  appropriate  money 
to  any  corporation,  association  or  individual  except  for 
purpose  of  constructing  or  maintaining  bridges,  turnpike 
roads   or  gravel   roads.    (Applies   also   to   subdivisions   of 

counties.)       (Ky.    170.) 

Not  to  loan  credit  to  any  "  college  or  institution  of  learning 
or  other  institution  whether  created  for  or  to  be  con- 
trolled by  state  or  others".  Authority  previously  con- 
ferred by  legislature  or  by  corporate  charters   repealed. 


270  State  Constitutions 


COUNTIES   {Cont'd) 
Finances    ( Cont'd ) 

Expenditures     (Cont'd) 

Aid  to  Private  Enterprise  (Confd) 

This  does  not  prevent  issue  of  bonds  or  other  means  of 
payment  of  subscription  to  corporate  stock  authorized  by 
people   prior   to   constitution    or   of   other   existing   debt. 

(Mo.  IX  6.) 
Except  as  otherwise  provided  in  constitution  county  not  to 
make  donation  to  or  in  aid  of,  directly  or  indirectly,  any 
person,  association  or  corporation  or  to  any  private  enter- 
prise  for    construction    of    railroad;    but   this   not   to   be 
construed  to  prohibit  provision  for  care  of  sick  and  indi- 
gent persons.     (N.M.  IX  14.) 
Not  to  give  money  or  property  or  lend  money  to  or  in  aid 
of   any   individual,    association    or   corporation;    but    this 
not  to  prevent  making  such  provisions  for  aid  and  sup- 
port of  its  poor   as  may  be  authorized  by  law.      (N.Y. 

VIII  10.) 

Not  to  make  donation  to  or  in  aid  of  individual,  association 

or    corporation,    except    for    necessary    support    of    poor. 

(N.D.  XII  185;  Wyo.  XVI  6.) 
Not  to  make  donations  to  or  in  aid  of,  or  pay  the  debt  or 
liability  of,  individual,  association  or  corporation,  except 
for  necessary  support  of  poor.      (S.D.  XIII  1.) 
Not  to  give  money  to  or  in  aid  of  individual,  association, 
company  or  corporation,  "  except  for  the  necessary  sup- 
port of  the  poor  and  infirm  ".     (Wash.  VIII  7.) 
Donations    in    aid   of    railroads   in    aggregate   with    similar 
donations  of  subdivisions  of  county  not  to  exceed  10  per 
cent,   of   assessed  valuation  of   county.     Not  to  be  made 
unless   proposition  has  been   first   submitted   to   qualified 
electors  at  an  election  authorized  by  law.     On  two-thirds 
vote  may  be  increased  5  per  cent,  in  addition  to  10  per 
cent,  of  assessed  valuation.      (Nebr.  XII  2.) 
Aid  to  Public  Corporation 

County  not  to  make  donation  or  grant  to  or  in  aid  of  any 
public  corporation  in  or  out  of  the  county.  (Colo.  XI  2.) 
Except  as  otherwise  provided  in  constitution,  county  not  to 
make  donation,  directly  or  indirectly,  to  or  in  aid  of  pub- 
lic corporation;  but  this  not  to  be  construed  to  prohibit 
provision   for  care  of  sick  and  indigent  persons.      (N.M. 

IX  14.) 
Extra  Compensation  to  Officers,  Agents  or  Contractors 

Legislature  not  to  authorize  or  require,  nor  county  to  have 
authority  to  grant,  extra  compensation,  fee  or  allowance 
to  public  officer,  servant  or  employee  or  agent  after  serv- 
ice rendered.  This  does  not  apply  to  allowances  by  com- 
missioners' court  or  boards  of  revenue  to  county  officers 
for  ex  officio  services.     (Ala.  IV  68.) 


Index    Digest  271 


COUNTIES   [Cont'd) 

Finances   ( Con t'd ) 

Expenditures    {Cont'd) 

Extra  Compensation  to  Officers,  Agents  or  Contractors  [Cont'd) 
Legislature  not  to  authorize  any  enmity  authority  t<>  grant 
extra   compensation    or    allowance    to    any    public    officer, 
agent  or   servant   after    service    rendered.      (Cal.    IV"   32; 
Mo.  IV  48;   Tex.  Ill  53;  Utah  VI  .'30.) 
Not  to  .grant  extra  compensation  to  public  officer,  employee, 
agent    or    servant,    or    increase    compensation    of    public 
officer  or   employee  to  take  effect   during  continuance   in 
office   of   any   person  whose   salary  might   be   thereby   in- 
creased.    (Conn.  Amend.  XXIV.) 
Legislature  not  to  authorize  any  parish  authority  to  grant 
extra    compensation,    fee   or    allowance    to    public    officer, 

agent    or    servant.       (La.    47.) 
Board   of   supervisors   not  to  grant  extra  compensation   to 

"public  officer",  servant  or  agent.      (N.Y.  Ill  28.) 
Legislature  not  to  authorize  or  require,  nor  county  to  have 
authority  to  grant  extra  compensation,  fee  or  allowance  to 
contractors  after  service  rendered  or  contract  made.     (Ala. 

IV  68.) 

Legislature  not  to  authorize  any  county  authority  to  grant 

extra   allowance   after   contract    entered   into   and   partly 

performed.      (Cal.  IV  32;  Mo.  IV  4S;   Tex.  Ill  53;   Utah 

VI  30.) 

Not  to  increase  pay  or  compensation  of  any  public  contractor 

above  amount  specified  in   the   contract.      (Conn.   Amend. 

XXIV.) 

Legislature  not  to  authorize  any  parish   authority  to  grant 

extra   compensation    fee   or   allowance   to   contractor.    (La. 

47.) 
Board   of   supervisors  not   to   grant   extra    compensation    to 

contractor.     (N.Y.  Ill  28.) 

Warrants 

No  money  to  be  drawn  from  county  treasury  except  on  warrant 
of  duly   authorized   officer  in  manner  and   form  prescribed  by 

legislature.     (Ida.  VII  14.) 
No  money  to  be  drawn  from  treasury  except  by  authority  of  law. 

(  Minn.  XI  6";   Ohio  X  5.) 

No   money  to   be   drawn    from    treasury   except    by    authority    of 

law;     "but    legislature    may    modify    or    abrogate".       (N.C. 

VII   S,   14.) 

Debt,  See  below,  this  title.  Debt. 
Taxation,  See  Taxation. 
Debt 

Existing  Time  Adoption  Constitution 

People  or  legislature  not  to  pass  law  validating  if  invalid  at 
time  state  admitted.  This  irrevocable  without  consent  of 
United  States.      (Ariz.  XX  Sixth.) 


272  State  Co.xsrrnTioNS 

COUNTIES  {Cont'd) 

Debt    (Cont'd) 

Existing  Time  Adoption  Constitution    (Cont'd) 

Nothing  in  this  article  to  be  construed  to  impair  or  add  to 
obligation  of  debts  contracted  in  accordance  with  territorial 
law;  or  to  prevent  contracting  any  debt  or  issuing  bonds 
therefor  in  accordance  with  laws  of  territory  upon  proposition 
which  according  to  such  laws  was  submitted  to  qualified  elec- 
tors before  constitution  took  effect.  (Colo.  XI  9.) 
Validity  of  not  affected  by  prohibition  of  loans  of  credit  in  aid 
of  private  or  corporate  enterprise.      (Conn.  Amend  XXV;  Tex. 

XI  3;  W'yo.  X  Railroads  5.) 
Territorial  county  debts  not  assumed  by  state  to  remain  valid 
and  unaffected  until  paid  or  refunded  according  to  law;  no 
county  to  be  required  to  pay  any  portion  of  debt  of  any  other 
county  assumed  by  state;  amounts  contributed  by  other 
counties  to  general  levy  to  meet  deficiencies  in  fund  for  pay- 
ment of  debts  of  specified  counties  to  be  returned  to  such 
counties  out  of  such  fund.  (N.M.  IX  2,  4,  XXII  12.) 
Debts  existing  at  time  of  adoption  of  constitution  in  excess  of 
constitutional  limitation  of  amount  of  county  debts  not  to  be 

void.  '  (X.Y.  VIII  10.) 
Authorized  to  pay  either  by  tax  levy  or  by  issuing  bonds  under 
provisions  of  laws  extended  in  force  in  state;  but  nothing  in 
constitution  to  legalize  any  invalid  debt  or  impair  any  defense 
against  payment  thereof.  (Okla.  Sched.  25,  37.) 
Nothing  in  this  article  to  impair  or  add  to  obligation  of  any 
debt  contracted  prior  to  constitution  under  laws  of  territory. 

(Utah  XIV  7.) 

May   be    bonded   by    county    or    subdivision    thereof    in    sum   not 

exceeding  4  per   cent,   on   assessed  value  of   taxable   property 

in  county* as  shown  by  last  general  assessment.     (Wyo.  XVI  3.) 

Power  to  Incur  Generally 

County's  power  to  incur  debt  to  cease  where  county  boundaries 
are   same  as   city,   or   county   is  wholly   included  within   city. 

(N.Y.  VIII   10.) 
Purpose 

In  General 

Limited  to  "county  purposes";   but  county  may  make  pro- 
vision as  authorized  by  law  "  for  the  aid  or  support  of  its 

poor".     (N.Y.  VIII  10.) 
To  be  incurred   solely  for  county  purposes.      (Utah  XIV  4; 

Wash.  VIII  6.) 
No  county  to  contract  debt  by  loan  in  any  form  except  for 
'"  electing  necessary  public  buildings  and  making  or  re- 
pairing public  roads  and  bridges".  (Colo.  XI  6.) 
No  bonds  to  l.c  issued  for  any  purpose  other  than  that 
stated  in  proposition  submitted  to  taxpayers  nor  for  a 
greater  amount  than  therein  stated,  nor  shall  such  bonds 
be  issued  for  any  purpose  other  than  "  for  constructing, 


I.\i»r.\    Digest  27.3 


COUNTIES   {Cont'd) 

Debt    (Cont'd) 

Purpose    (Cont'd) 

In  General    (Condi) 

improving  and  maintaining  public  roads  and  highways, 
paving  mid  improving  streets,  toads  and  alleys,  purchasing 
and  constructing  systems  of  water  works,  sewerage,  drain- 
age, navigation,  lights',  public  parks  and  buildings,  to- 
gether with  all  necessary  equipment  and  furnishings, 
bridges  and  other  works  of  public  improvement,  the  title 
to  which  shall  rest  in  the  subdivision  creating  the  debl 
as  the  case  may  be".      (La.  2S1    (1).) 

Police  juries  of  parishes  "  for  the  purpose  of  constructing 
highways  and  public  buildings  for  the  parish     *  and 

for  all  municipal  improvements,  after  making  provision 
for  the  payment  of  all  statutory  and  ordinary  charges 
may  fund  into  bonds".      (La.  281    (4).) 

No  county  to  borrow  money  except  for  erection  of  necessary 
public  buildings  or  construction  or  repair  of  public  roads 
and   bridges.      (X.M.   IX   10.) 

Legislature  not  to  authorize  counties  to  issue  bonds  for  any 
purpose  "  except  educational  purposes,  to  build  and  repair 
public  roads,  buildings  and  bridges,  to  maintain  and  sup- 
port prisoners,  pay  jurors,  county  officers  and  for  liti- 
gation, quarantine  and  court  expenses  and  for  ordinary 
county  purposes  to  support  paupers  and  pay  past  in- 
debtedness".  (S.C.  X  6.) 

When  any  county  or  "  city  and  county  "  adopts  voting 
machines  governing  body  may  provide  for  payment  thereof 
by  issuing  interest-bearing  bonds,  certificates  of  indebted- 
ness or  other  obligations;  not  to  be  sold  for  less  than 
par  and  payable  at  such  times  not  exceeding  10  years 
as  may  be   determined.      (Colo.  VII   8.) 

Legislature  may  authorize  county  or  political  subdivision 
thereof  or  any  number  of  adjoining  counties  to  issue  bonds 
or  otherwise  lend  credit  in  limited  amount  when  approved 
on  referendum  for  irrigation,  drainage  or  navigation 
improvements  or  for  construction,  maintenance  and  opera- 
tion of  paved  roads  and  turnpikes.      (Tex.  Ill  52.) 

Counties  bordering  on  gulf  may  issue  bonds  for  sea  walls. 
breakwaters  or  sanitary  purposes.      (Tex.  XI  7.) 

Counties  other  than  Philadelphia  may  contract  debts  to  pro- 
vide for  interest  and  sinking  fund  charges  during  con- 
struction and  until  completion  and  operation  for  one  year, 
of  waterworks,  subways,  underground  or  streel  railways 
and  appurtenances  built  by  proceeds  of  county's  obliga- 
tions.     (Pa.  IX  15.) 

Not  to  assume  to  pay  any  debt  contracted  directly  or  in- 
directly in  aid  of  the  Rebellion.      (N..C.   VII  13.) 

Legislature  not  to  authorize  county  to  contract  debt  for 
construction  of  railroad.      (YYyo.  Ill  39.) 


274  State  Constitutions 

COUNTIES   (Cont'd) 
Debt    (Cont'd) 

Purpose    (Cont'd) 

Aid  to  Private  or  Corporate  Enterprise 

For  prohibition  on  ownership  of  securities  of  private  cor- 
poration,   or    donations    or    appropriations    to    such    cor- 
porations, Sec  above,  this  title,  "  Powers  and  Rights  — 
Restrictions   upon  —  Stock   and    Bond   Holding  "    and 
"  Finances  —  Expenditures  — ■  Aid    to    Private    Enter- 
prise ". 
Legislature  not  to  authorize  to  lend  credit  to  or  in  aid  of 
individual,    association    or    corporation    by    issuing    bonds 
or   otherwise.       (Ala.    IV   94.) 
Not  to  give  or  lend  credit  in  aid  of  individual,  association 

or  corporation.  (Ariz.  IX  7.) 
Not  to  lend  credit  for  any  purpose  whatever;  and  no  munic- 
ipality to  grant  financial  aid  toward  construction  of  rail- 
roads or  other  private  enterprises  operated  by  any  private 
person  or  corporation.  Not  to  obtain  money  for  or  lend 
credit  to  corporation,  association,  institution  or  individual. 

(Ark.  XVI  1,  XII  5.) 
Legislature  not  to  authorize  giving  or  lending  credit  of 
county  or  of  "  city  and  county  "  in  aid  of  any  person, 
association  or  corporation  or  pledge  credit  thereof  for 
payment  of  liabilities  of  any  individual,  association  or 
corporation.  But  city  and  county  of  San  Francisco  author- 
ized to  incur  not  exceeding  $5,000,000  debt  in  aid  of 
Panama    Exposition,    proceeds    to    be    paid    to    exposition 

company.      (Cal.  IV  31.) 

Alameda   county   authorized    on   vote    of   two-thirds   electors 

to  incur  not  exceeding  $1,000,000  debt  in  aid  of  Panama 

Exposition.       (Cal.    XI    18.) 
Not  to  lend  or  pledge  credit  or  faith   in   any  manner  to  or 
in    aid    of    any    person,    company    or    corporation    for    any 
amount  or   for   any  purpose,   "  public  or  private  ",  or  be- 
come responsible  for  any  debt,  contract  or  liability  of  any 
person,   company   or  corporation.   "  public   or  private ",   in 
or   out   of   state.      (Colo.   XI    1.) 
Not  to  lend  credit  directly  or  indirectly  in  aid  of  any  rail- 
road corporation;  but  this  not  to  affect  validity  of  bonds 
or   debts   incurred   under    laws  existing  prior   to  constitu- 
tion.     (Conn.  Amend.  XXV.) 
Not  to  lend  credit  or  assume  debt  of  any  private  corporation, 

person  or  company.      (Del.  VI  IT  8.) 
Legislature  no1    to  authorize  loan   of  credit  to  any  corpora- 
tion, association,  institution  or  individual.      ( Fla.  IX   10; 

Pa.  IX  7.) 
Legislature  not  to  authorize   loans  of  credit  to  individual, 
association  or  corporation.      (Mo.  IV  47;  Okla.  X  17.) 


Tndkx    Dk.kst  275 


COUNTIES   (Cont'd) 
Debt    (Cont'd) 

Purpose    (Cont'd) 

Aid  to  Private  or  Corporate  Enterprise    [Cont'd) 

Legislature  not  to  authorize  to  lend  credit  to  corporation, 
company,  association,  institution  or  individual,  except  for 
purely  charitable  purposes.      (Ga.  VII   Sec.  VI   1.) 

Not  to  lend  or  pledge  credit  or  faith  in  any  manner  to  or  in 
aid  of  any  individual,  association  or  corporation  for  any 
amount  or  any  purpose  or  become  responsible  for  the 
debt,  contract  or  liability  of  any  individual,  association 
or  corporation  in  or  out  of  state.  Not  to  raise  money 
for  or  lend  credit,  by  vote  of  citizens  or  otherwise,  to  or 
in  aid  of  any  joint-stock  company,  corporation  or  associa- 
tion.     (Ida.  VIII  4,  XII  4.) 

Loan  of  credit  in  aid  of  railroad  or  private  corporation  for- 
bidden. (111.  Amend.  1870.  Municipal  subscriptions  to 
corporations,  separately  submitted.) 

Not  to  lend  credit  to  nor  borrow  money  for  purpose  of 
taking  stock  in  any  incorporated  company.      (Ind.  X  6.) 

Legislature  not  to  authorize  county  or  subdivision  thereof 
to  obtain  money  for  or  lend  its  credit  to  any  corporation, 
association  or  individual  except  for  purpose  of  contract- 
ing   or    maintaining    bridges,    turnpike    roads    or    gravel 

roads.      (Ky.  179.) 

No  county  to  give  or  lend  credit  to  or  in  aid  of  association 
or  corporation,  unless  authorized  by  act  of  legislature 
published  two  months  before  next  election  of  lower  house, 
in  newspapers  of  county,  and  approved  by  majority  of 
all  members  elected  to  each  house  at  next  session  after 

said  election.      (Md.  Ill  54.) 

Debt  "  to  aid  in  the  construction  or  equipment  of  any  or  all 
railroads  "  limited  in  amount  to  5  per  cent,  of  value  of 
taxable  property  in  county.      (Minn.  IX  15.) 

Not  to  lend  credit  in  aid  of  railroad  or  other  corporation 

or  association.      (Miss.  VII   183.) 

Not  to  lend  credit  to  railroad  or  other  corporation  or  as- 
sociation or  to  any  "  college  or  institution  of  learning  or 
other  institution,  whether  created  for  or  to  be  controlled 
by  the  state  or  others  ".  Authority  previously  conferred 
by  legislature  or  by  corporate  charter  repealed ;  but  this 
does  not  prevent  issue  of  renewal  bonds  or  other  means 
of  paying  subscription  to  corporate  stock  approved  by 
people  prior  to  constitution  or  other  means  to  pay  such 
subscription  or  then  existing  debt.      (Mo.  IX  6.) 

Not  to  give  or  lend  credit  in  aid  of  individual,  association  or 
corporation.  Legislature  not  to  authorize  county  to  con- 
tract debt  or  obligation  for  or  give  or  lend  credit  to  or 
in  aid  of  construction  of  railroad.      (Mont.  V  38.) 


%%%  State  Constitutions 


COUNTIES  (Cont'd) 
Debt    [Cont'd) 

Purpose    (Cont'd) 

Aid   lo   Private   or   Corporate    Enterprise    (Cont'd) 

Not  to  make  "  donations  "  to  "  railroad  or  other  works  of 
internal  improvement",  unless  proposition  therefor  first 
submitted  to  qualified  electors  at  election  by  authority 
of  law;  such  donations  of  a  county,  together  with  dona- 
tions of  subdivisions  in  the  county  not  to  exceed  in  the 
aggregate  10  per  cent,  of  assessed  valuation  of  county; 
county  may  by  two-thirds  vote  increase  such  debt  5  per 
cent,  in  addition  to  such  10  per  cent.;  no  bonds  or  other 
evidences  of  such  debt  to  be  valid  unless  indorsed  with 
certificate  signed  by  secretary  and  auditor  of  state,  show- 
ing that  same  is  issued  pursuant  to  law.      (Xebr.  XII  2.) 

Xot  to  lend  credit  in  aid  of  any  joint-stock  company, 
corporation  or  association  except  railroad  corporations, 
companies  or  associations.      (Xev.  VIII   10.) 

Xot  to  lend  credit  to  any  individual,  association  or  cor- 
poration,   or    become    security    for    any    association    or 

corporation.      (X.J.  I   19.) 

Except  as  otherwise  provided  in  constitution,  county  not 
to  lend  or  pledge  its  credit  directly  or  indirectly  in  aid 
of  any  person,  association  or  corporation  or  of  any 
private  enterprise  for  construction  of  railroad;  this  not 
to  be  construed  to  prohibit  care  of  sick  and  indigent 
persons;  and  not  to  prevent  issue  of  bonds  to  pay  or 
refund  valid  bonds  of  county.      (X.M.  IX  14,  1,5.) 

Xot  to  lend  its  credit  to  or  in  aid  of  any  individual,  as- 
sociation or  corporation;  but  this  not  to  prevent  making 
such  provision  for  aid  and  support  of  its  poor  as  may 
be  authorized  by  law.      (X.Y.  VIII  10.) 

Credit  not  to  be  given  or  loaned  to  or  in  aid  of  any  in- 
dividual, association  or  corporation,  except  for  necessary 
support  of  poor.      (X.D.  XII  1S5.) 

Xo  law  to  authorize  raising  money  for  or  lending  credit 
to  any  company  or  association  by  vote  of  citizens  or 
otherwise:  but  this  does  not  prevent  insuring  public 
buildings  in  mutual  insurance  companies.     (Ohio  VIII  0.) 

Xot  to  raise  money  for  or  lend  credit  to  or  in  aid  of  any 
company,   corporation    or    association,   by   vote   of  citizens 

or  otherwise.     (Ore.  XI  9.) 

County  not  to  lend  or  give  credit  to  or  in  aid  of,  or  become 
responsible  for  debt  or  liability  of,  individual,  association 
or    corporation,    except    for    necessary    support    of    poor. 

(S.D.   XIII    1.) 

Credit  not  to  be  loaned  or  given  to  or  in  aid  of  any  person, 
company,  association  or  corporation,  except  on  assent  of 
three-fourths  of  qualified  voters  voting  at  election  thereon. 

(Tenn.  II  29.) 


r.\i)i:x   Digest  277 


COUNTIES   [Cont'd) 
Debt    (Cont'd) 

Purpose   (Cont'd) 

Aid  to  Private  or  Corporate  Enterprise    (Cont'd) 

Not  to  lend  credit  to  any  private  corporation  or  association; 
but  this  not  to  affect  obligations  undertaken  pursuant  to 
law  prior  to  adoption  constitution.  Legislature  not  to 
authorize  county  to  lend  credit  to  any  individual,  associa- 
tion or  corporation;  but  legislature  may  authorize  county 
or  political  subdivision  thereof,  or  any  number  of  adjoining 
counties,  to  issue  bonds  or  otherwise  lend  credit  in  any 
amount  not  exceeding  one-fourth  of  assessed  valuation 
of  real  property  thereof  when  approved  on  referendum  by 
two-thirds  resident  property  taxpayers  voting  on  question, 
who  are  qualified  electors,  in  aid  of  irrigation,  drainage 
or  navigation  improvements  or  in  aid  of  the  construction, 
maintenance  and  operation  of  paved  roads  and  turnpikes. 

(Tex.  Ill  52.) 
Legislature   not   to    authorize  county   to    lend   credit   in  aid 
of  any  railroad,  telegraph  or  other  private  individual  or 
corporate   enterprise  or   undertaking.      (Utah   VI   31.) 
Xot  to  grant  credit  "  under  any  devise  or  pretense  whatso- 
ever "    to    or    in    aid    of    any    person,    association    or    cor- 
poration.     ('Va.   XI 11    1S5.) 
Not  to  lend  money  or  credit  to  or  in  aid  of  individual,  asso- 
ciation, company  or  corporation  "  except  for  the  necessary 
support  of  the  poor  and  infirm".      (Wash.  VIII   7.) 
Not    to    give    or    lend    credit    to    individual,    association    or 
corporation  except  for  necessary  support  of  poor.      (Wyo. 

XV]  o.) 

Credit  not  to  be  given  or  loaned  in  aid  of  "construction" 
of  railroad  or  in  aid  of  railroad  or  telegraph  lines;  but 
this  does  not  affect  obligations  contracted  prior  to  adoption 
of  constitution.      (Wyo.   Ill  39,  X  Railroads  5.) 

Aid  to  Municipal  or  Public  Corporation 

Legislature  not  to  authorize  giving  or  lending  credit  of 
county  or  of  "city  and  county"  in  aid  of  any  municipal 
corporation  or  to  pledge  credit  thereof  for  payment  of  lia- 
bilities  of  any  municipal   corporation.      (Cal.    IV    31.) 

Not  to  become  responsible  for  any  debt,  contract  or  liability 
of  any  corporation  "public  or  private"  in  or  out  of  state. 

(Colo.    XI    1.) 

Except  as  otherwise  provided  in  constitution,  county  not  to 
lend  or  pledge  credit,  directly  or  indirectly,  to  or  in  aid 
of  any  public  corporation;  but  this  not  to  prohibit  county 
making  provision  for  care  of  sick  and  Indigent  persons; 
and  not  to  prevent  issue  of  bonds  to  pay  or  refund  valid 
bonds  of  county.      ('M;M.   IX   U.  15.) 


278  State  Constitutions 

COUNTIES   (Cont'd) 
Debt    (Cont'd) 

Referendum  on  Proposition  to  Incur 

Private,  local  or  special  legislation  authorizing  issuance  of  bonds 
or  other  securities  forbidden  unless  authorized  before  enact- 
ment such  law  by  vote  qualified  electors  thereof  at  election 
held  for  purpose  in  manner  prescribed  by  law;  but  legislature 
may  without  such  election  pass  special  laws  to  refund  bonds 
issued  before  ratification  constitution.      (Ala.  IV  104.) 

Legislature  may  pass  general  laws  authorizing  counties  to  issue 
bonds;  but  none  to  be  issued  under  such  general  laws  unless 
first  authorized  by  majority  vote  by  ballot  of  qualified  voters 
thereof  voting  on  proposition.  Special  provision  for  form  of 
ballot.  This  not  to  apply  to  renewal,  refunding  or  reissuing' 
of  bonds  lawfully  issued  or  authorized  by  law  enacted  prior 
to  ratification  constitution ;  and  not  to  apply  to  obligations, 
incurred  or  bonds  to  be  issued  to  pay  for  street  and  sidewalk 
improvements  or  sanitary  or  storm  water  sewers,  the  cost 
of  which  is  assessed  in  whole  or  part  against  property  abutting 
said  improvements  or  drained  by  such  sewers.     (Ala.  XII  222.) 

Not  to  incur  debt  in  excess  of  4  per  cent,  of  taxable  property 
without  assent  of  majority  of  property  taxpayers  Avho  are 
also  qualified  electors  voting  at  election  provided  by  law  to  be 
held  for  the  purpose.      (Ariz.  IX  8.) 

Xot  to  incur  in  any  manner  or  for  any  purpose  indebtedness  or 
liability  "  exceeding  in  any  year  the  income  and  revenue  pro- 
vided for  such  year  ",  unless  proposition  to  incur  such  debt  is 
approved  by  two-thirds  of  qualified  electors  voting  at  election 
held  for  that  purpose.  Except  as  provided  in  constitution, 
indebtedness   incurred   contrary    to   this   provision   to   be  void. 

(Cal.  XI   18.) 

Aggregate  debt  limited  to  twice  the  amount  of  "  rates  upon  the 
taxable  property",  unless  in  manner  provided  by  law  question 
of  incurring  such  debt  is  submitted  at  general  election  to 
qualified  voters  of  county  who  in  year  last  preceding  election 
paid  a  tax  on  property  assessed  for  such  county  and  unless 
majority  of  those  voting  thereon  shall  approve  incurring  such 

debt.      (Colo.  XI  6.)- 

Counties  having  outstanding  warrants  or  bonds  for  specified 
purposes  on  December  31,  1886,  authorized  to  issue  refunding 
bonds  provided  majority  of  tuxpaying  qualified  electors  voting 
on  proposition  at  general  or  special  election  approve.  Such 
election  to  be  held  and  bonds  issued  in  manner  provided  by 
laws  of  state  for  issuance  of  road,  property  and  public  build- 
ing bonds.      (Colo.  XI  6.) 

Xot  to  incur  new  debt  except  for  temporary  loan  to  supply 
casual  deficiencies  of  revenue,  which  shall  not  exceed  one-filth 
of  1  per  cent,  of  assessed  value  of  taxable  property  therein, 
without  assent  two-thirds  qualified  voters  at  election  for  pur- 
pose held  as  prescribed  by  law.      (Ga.  VII  Sec.  VII  1.) 


I.mhx  Digest  279 


COUNTIES   (Cont'd) 
Debt    (Cont'd) 

Referendum  on  Proposition  to  Incur    (Cont'd \ 

Not  to  incur  any  debt  or  liability  in  any  manner,  for  any  pur- 
pose, "exceeding  in  that  year"  Income  and  revenue  provided 
for  it  for  such  year  without  assent  two-thirds  qualified  electors 
thereof  voting  at  election  held  for  purpose.  Any  debt  or 
liability  incurred  contrary  to  this  provision  to  bo  void,  but 
this  not  to  be  construed  "  to  apply  to  the  ordinary  and  neces- 
sary expenses  authorized  by  the  general  laws  of  the  state  ". 

(Ida.  VIII   3.) 

Not  to  become  indebted  in  any  manner  or  for  any  purpose  to 
amount  exceeding  in  any  year  income  and  revenue  for  that 
year  without  consent  of  two-thirds  voters  voting  at  election 
held  for  the  purpose.  Indebtedness  contracted  in  violation  of 
this  provision  to  be  void  and  not  to  be  assumed  by  municipality 
or  enforcible  against  persons  contracting.      (Ky.   157.) 

No  bonds  to  he  issued  unless  authorized  by  vote  of  majority  "  in 
number  and  amount  of  the  property  taxpayers "  qualified  to 
vote  and  who  vote  at  election  held  for  purpose  after  due  notice 
by  newspaper  publication  as  specified.  Similar  and  detailed 
provisions  for   renewal  and  refunding  bonds.      (La.   281    (1), 

(6).) 

Xo  county  to  contract  debt  or  obligation  for  construction  of 
railroad,  canal  or  other  work  of  internal  improvement,  unless 
authorized  by  act  of  legislature  published  for  two  months 
before  next  election  of  members  lower  house,  in  newspapers 
of  county,  and  approved  by  majority  of  all  members  elected  to 
each  house  at  next  session  after  said  election.      (Md.  Ill  54.) 

Debts  for  construction  or  repair  of  public  buildings  or  bridges  in 
excess  of  one-tenth  of  a  mill  on  assessed  valuation  not  to  be 
incurred  without  submission  to  voters  and  approval  of  majority 
of  those  voting  thereon.      (Mich.  VIII  10.) 

Not  to  be  allowed  to  become  indebted  in  any  manner  or  for  any 
purpose  to  amount  exceeding  in  any  year  income  and  revenue 
provided  in  such  year  without  assent  two-thirds  voters  thereof, 
voting  at  election  held  for  purpose.  This  not  to  apply  to 
counties  having  cities  of  100,000  or  more  inhabitants.      (Mo. 

X   12.) 

Xot  to  incur  any  debt  or  liability  for  a  single  purpose  to  an 
amount  exceeding  $10,000  without  approval  of  majority  of 
electors   voting   at   election   to   be   provided    by    law.      (Mont. 

XIII  5.) 

Xo  debt  in  aid  of  railroad  or  other  works  of  internal  improvement 
to  be  incurred  unless  proposition  first  submitted  to  qualified 
electors  at  election   by  authority  of  law.      (Nebr.  XII   2.) 

Xo  county  to  borrow  money  until  proposition  has  been  approver! 
by  qualified  electors  of  county  who  paid  a  property  tax  therein 
durino-  nrecedino-  year  voting  at  election   to  which   submitted 


280  State  Constitutions 

COUNTIES   I  Cont'd) 
Debt    (Cont'd) 

Referendum  on  Proposition  to  Incur    (Coni'd) 

This    not    to    prevent    issue    without    submission    to    voters    of 
bonds  to  pay  or  refund  valid  bonds  of  county.      (N.M.  IX  10, 

15.) 

Xo  debt  to  be  contracted  nor  faith  or  credit  pledged  unless 
"by  a  vote"  of  majority  of  qualified  voters.      (X.C.  VII  7.) 

Xot  to  be  allowed  to  become  indebted  in  any  manner,  for  any 
purpose,  to  amount  exceeding  in  any  year  income  and  revenue 
provided  in  such  year  without  assent  three-fifths  voters  thereof 
voting  at  election  held  for  purpose.      (Okla.  X  26.) 

Debts  for  building  and  maintaining  permanent  roads  to  be  ap- 
proved by  majority  of  those  voting  on  question.      (Ore.  XI  10.) 

Xot  to  incur  any  new  debt  or  increase  its  indebtedness  to  amount 
exceeding  2  per  cent,  on  assessed  valuation  of  taxable  property 
without  assent  of  electors  thereof  at  public  election  in  manner 
pro-vidsd  by  law.      (Pa.  IX  8.) 

Debts  may  be  incurred  "  for  the  purpose  of  providing  water  and 
sewerage  for  irrigation,  domestic  uses,  sewerage,  and  other  pur- 
poses " ;  but  no  debt  to  be  incurred  "  for  any  of  the  purposes 
in  this  section  provided "  unless  authorized  by  vote  of  ma- 
jority of  electors.  County  not  to  be  included  in  district  or 
subdivision  by  which  debt  is  incurred  without  majority  vote 
of  electors  of  such  county  in  favor  thereof.      (S.D.  XIII  4.) 

Legislature  may  authorize  county  or  political  subdivision  thereof 
or  any  number  of  adjoining  counties  to  issue  bonds  or  other- 
wise lend  its  credit  in  any  amount  not  exceeding  one-quarter 
of  assessed  valuation  of  real  property  of  said  district  or  ter- 
ritory when  approved  by  two-tbirds  resident  property  tax- 
payers voting  on  question  who  are  qualified  electors  of  such 
district  or  territory  for   purposes  specified.      (Tex.   Ill  52.) 

Xo  county  or  subdivision  thereof  to  incur  debt  in  excess  of  taxa- 
tion for  current  year  unless  majority  of  such  qualified  electors 
as  shall  have  paid  a  property  tax  in  the  preceding  year  shall 
approve  proposition  to  create  such  a  debt.      (Utah  XIV  3.) 

Not  to  become  indebted  in  excess  of  1%  per  cent,  of  taxable 
property  in  county  without  assent  of  three-fifths  voters  voting 
at  election  held  for  that  purpose.      (Wash.  VIII  6.) 

Xo  debt  to  be  contracted  unless  all  questions  connected  there- 
with shall  have  been  approved  by  three-fifths  of  votes  cast  for 
and  against  on  submission  to  people.      (W.Va.  X  8.) 

Xo  debt  in  excess  of  taxes  for  current  year  to  be  created  by 
county  or  "  subdivision  thereof "  in  any  manner  unless  ap- 
proved   by   vote   of    people    on    proposition    submitted.       (Wyo. 

XVI  4.) 
Limit  of  Amount 

Xot  to  become  indebted  in  amount  including  present  indebtedness 
exceeding  3%  per  cent,  of  assessed  value  of  property  therein. 
This  not  to  affeci    <IebI    in  excess  of  3%    per  cent,  created   or 


I.MiKX    Di<;kst  281 


.   COUNTIES   (Cont'd) 
Debt    (Cont'd) 

Limit  of  Amount    (Cont'd) 

authorized  by  law  prior  to  adoption  constitution;  county, 
which  at  such  time  has  incurred  debt  exceeding  3^  per  cent. 
authorized  to  incur  l1/^  per  cent,  in  addition;  this  section  not 
to  prevent  county  issuing  bonds  or  other  obligations  to  refund 
indebtedness  existing  or  authorized  time  adoption  constitution. 

(Ala.  XII  224.) 

Xot  to  become  indebted  for  any  purpose  in  any  manner  to  amount 
exceeding  4  per  cent,  of  value  of  taxable  property,  ascertained 
by  last  assessment  for  state  and  county  purposes  previous 
to  incurring  debt,  without  referendum;  but  under  no  cir- 
cumstances to  become  indebted  to  amount  exceeding  10  per 
cent,   of  taxable  property  shown  by  the  last  assessment   roll. 

(Ariz.  IX  8.) 

Amount  of  debts  contracted  in  any  one  year  for  buildings,  roads 
and  bridges,  not  to  exceed  "  the  rates  upon  the  taxable  prop- 
erty in  such  countyr  "  as  follows:  $1.50  on  each  $1,000  in  any 
counties  where  assessed  valuation  of  taxable  property  exceeds 
$5,000,000;  $3  on  each  $1,000  in  counties  having  less  than 
$5,000,000  assessed  valuation.      (Colo.  XI  6.) 

Aggregate  debt  of  any  county7  for  all  purposes  exclusive  debts 
contracted  prior  adoption  constitution  not  at  any  time  to 
exceed  twice  amount  of  "  rates  upon  the  taxable  property " 
which  are  limited  as  follows:  $1.50  per  $1,000  in  counties 
having  assessed  valuation  exceeding  $5,000,000;  $3  per  $1,000 
in  counties  having  less  than  $5,000,000;  unless  in  manner  pro- 
vided by  law  question  of  incurring  such  debt  is  approved  on 
referendum.      ( Colo.  XI  6. ) 

Debt  authorized  on  referendum  to  taxpaying  qualified  electors 
not  to  be  contracted  at  any  one  time  in  an  amount  exceeding 
twice  the  following  limited  rates:  $1.50  in  county  having  over 
$5,000,000  taxable  assessed  valuation  and  $3  in  counties  having 
less  than  $5,000,000.      (Colo.  XI  6.) 

Except  as  otherwise  provided  in  constitution,  not  to  exceed  7  per 
cent,  assessed  value  taxable  property  therein,      i  Ga.   VII  Seo. 

VII  1.) 

Not  to  be  allowed  to  become  indebted  in  anyT  manner  or  for  any 
purpose  to  an  amount  including  existing  debt  in  aggregate 
exceeding  5  per  cent,  of  value  of  taxable  property  therein, 
to  be  ascertained  by  last  assessment  for  state  and  county 
taxes  previous  to  incurring  debt.      (Iowa  XI  3;   Wis.  XI  3.) 

Same;  with  addition  of  provision  excepting  bonds  already  au- 
thorized   from    operation    of    this    limitation.       (111.    XI     12; 

W.Va.  X  8.) 

Xot  to  be  authorized  or  permitted  to  incur  debt  to  amount  in- 
cluding existing  debt  in  aggregate  exceeding  2  per  cent,  of 
value  of  taxable  property  therein,  ascertained  by  assessment 
next  before  last  assessment  previous  to  incurring  debt.     Debts 


282  State  Constitutions 

COUNTIES   (Cont'd) 
Debt    ( Cont'd ) 

Limit  of  Amount    (Cont'd) 

in  excess  of  this  limit  may  be  contracted  when  authorized  by 
laws  in  force  prior  to  adoption  of  constitution  or  when  neces- 
sary for  completion  and  payment  for  public  improvement 
undertaken  and  not  completed  and  paid  for  at  time  of  adop- 
tion; any  county  debt  which  exceeds  limit  at  time  adoption 
constitution  not  to  increase  debt  more  than  1  per  cent,  in 
aggregate  of  value  of  taxable  property  therein  until  debt  re- 
duced within  limit  and  thereafter  not  to  exceed  limit  "  unless 
in  case  of  emergency,  the  public  health  or  safety  should  so  re- 
quire ".  Renewal  bonds  or  bonds  e to  fund  floating  indebted- 
ness not  prevented  by  this   limitation.      (Ky.    158.) 

Board  of  supervisors  may  borrow  one-tenth  of  mill  on  assessed 
valuation  for  construction  or  repair  of  public  buildings  or 
bridges;  if  assessed  valuation  less  than  $10,000,000  board 
may  borrow  $1,000;  but  not  to  borrow  greater  sum  for  such 
purposes  without  submission  to  voters  and  approval  of  ma- 
jority  of   those  voting  thereon.      (Mich.  VIII    10.) 

No  indebtedness  to  be  incurred  which  will  increase  total  beyond 
3  per  cent,  of  assessed  valuation  except  that  counties  having 
$5,000,000  or  less  of  assessed  valuation  may  increase  their 
total  to  5  per  cent,   thereof.      (Mich.  VIII  12.) 

Legislature  not  to  authorize  issue  of  bonds  or  incurring  in- 
debtedness in  any  manner  "  to  aid  in  the  construction  or 
equipment  of  any  or  all  railroads  "  to  an  amount  exceeding 
5  per  cent,  of  value  of  its  taxable  property;  such  value  to  be 
ascertained  by  last  assessment  for  state  and  county  taxes 
previous  to  incurring  debt.      (Minn.  IX   15.) 

Not  to  be  allowed  to  incur  debt,  even  when  approved  by  voters 
on  referendum,  to  an  amount,  including  existing  debt  in 
aggregate  exceeding  5  per  cent,  of  value  of  taxable  property 
therein;  value  of  such  property  to  be  ascertained  by  assess- 
ment next  before  last  assessment  for  state  and  county  pur- 
poses previous  to  incurring  debt;  this  not  to  apply  to  countiee 
having  100,000  or  more  inhabitants.  With  same  assent  of 
voters  county  may  be  allowed  to  become  indebted  in  excess 
of  the  limit  stated  for  erection  of  courthouse  or  jail,  or  for 
grading,  constructing,  paving  or  maintaining  paved,  gravel, 
macadamized  or  rock  roads  and  necessary  bridges  and  culverts 

therein.      (Mo.  X  12.) 

Corporate  authority  of  any  county  having  more  than  200,000 
inhabitants  which  has  exceeded  its  limit  of  debt  not  to  incur 
further  bonded  debt  except  for  renewal  of  other  bonds  "  until 
such  excess  of  indebtedness  ceases  ".  But  corporate  authori- 
ties of  such  county  "may,  in  anticipation  of  the  customary 
annual  revenue  thereof,  appropriate,  during  any  fiscal  year 
toward  the  general  governmental  expenses  thereof  a  sum  not 
exceeding   seven-eighths    of   the    entire    revenue    applicable   to 


.  Index   Digest  283 


COUNTIES  (Cont'd) 
Debt    (Cont'd) 

Limit  of  Amount    (Cont'd) 

general  governmental  purposes  (exclusive  of  the  payment  of 
the  bonded  debt  of  such  county)  thai  was  actually  raised  by 
taxes  alone  during  the  preceding   fiscal   year".      (Mo.    IX    1!'.) 

No  county  to  be  allowed  to  be  indebted  in  any  manner  or  for 
any  purpose  to  amount  including  existing  indebtedness  in 
aggregate  exceeding  5  per  cent,  of  value  of  taxable  property 
therein;  to  be  ascertained  by  last  assessment,  for  state  and 
county  taxes  previous  to  incurring  debt;  bonds  or  obligations 
in  excess  of  such  amount  to  be  void;  and  no  county  to  incur 
any  indebtedness  or  liability  for  a  single  purpose  to  amount 
exceeding   $10,000   without   referendum.      (.Mont,    X1I1    5.) 

Debt  in  aid  of  railroad  or  other  works  of  internal  improve- 
ment together  ^jith  similar  debt  of  subdivisions  of  county 
not  to  exceed  in  aggregate  10  per  cent,  of  assessed  valuation 
of  county;  county  may  by  two-thirds  vote  increase  such  debt 
5  per  cent,  in  addition  to  said  10  per  cent.      (Nebr.  XII  2.) 

Not  to  become  indebted  to  amount  in  aggregate  including  exist- 
ing debt  exceeding  4  per  cent,  of  value  of  taxable  property 
within  county,  ascertained  by  last  preceding  assessment  for 
state  or  county  purposes.  Bonds  or  obligations  issued  in 
excess  of  this  limit  to  be  void,  but  this  not  to  prevent  issue 
of  bonds  to  pay  or  refund  valid  bonds  of  county.      (N.M.  IX 

13,   15.) 

Not  to  be  allowed  to  become  indebted  for  any  purpose  or  in  any 
manner  to  an  amount  which  including  existing  indebtedness 
shall  exceed  10  per  cent,  of  assessed  value  of  real  estate 
therein  subject  to  taxation  as  it  appeared  on  assessment  rolls 
thereof  on  last  assessment  for  state  and  county  taxes  prior  to 
incurring  debt;  debts  in  excess  of  this  limit  to  be  "  absolutely 
void"    except    as   otherwise    provided    in    constitution.       (N.Y. 

VIII  10.) 

Debts  existing  time  adoption  constitution  in  excess  of  limit 
of  amount  lixed  by  constitution  not  to  be  void;  but  no  further 
debt  to  be  incurred   until   indebtedness   reduced   within   limit. 

(N.Y.  VIII   10.) 

Prohibition  of  debt  in  excess  of  limit  not  to  prevent  issuing 
"certificates  of  indebtedness  or  revenue  bonds  issued  in  an- 
ticipation of  the  collection  of  taxes  for  amounts  actually  con- 
tained or  to  be  contained  in  the  taxes  for  the  year  when 
such  certificates  or  revenue  bonds  are  issued  and  payable  out 

of   such  taxes".      (N.Y.   VIII    10.) 

Prohibition  of  debt  in  excess  of  limit  not  to  prevent  issue  of 
bonds  "  to  provide  for  the  supply  of  water  ",  but  such  bonds 
issued  in  excess  of  the  debt  limit  shall  be  for  a  term  not 
exceeding  20  years;  and  a  sinking  fund  for  their  redemp- 
tion shall  be  created  on  issuance  by  raising  an  annual  sum 
which  will  produce  an  amount  equal  to  principal  and  interest 

on  maturity.      (N.Y.  VIII  10.) 


284  State  Constitutions 


COUNTIES   (Cont'd) 
Debt    ( Cont'd ) 

Limit  of  Amount    (Cont'd) 

•'Donations"  in  aid  of  railroads  or  other  works  of  internal  im- 
provement by  county  together  with  like  "donations"  by  other 
"  subdivisions "  not  in  aggregate  to  exceed  10  per  cent,  of 
assessed  valuation  of  county;  but  county  may  by  two-thirds 
vote  increase  "  such  indebtedness "  5  per  cent,  in  addition 
to   such    10   per   cent.      (Xebr.   XII   2.) 

Shall  never  exceed  5  per  cent,  of  assessed  value  of  taxable 
property  therein,  and  bonds  or  obligations  in  excess  of  the 
limit  to  be  void.  In  estimating  existing  debt  its  entire 
amount  whether  contracted  prior  or  subsequent  to  adoption 
of  constitution  to  be  included.      (X.D.  XII  183.) 

Xot  to  be  allowed  to  incur  debt  to  amount  including  existing 
debt  in  aggregate  exceeding, 5  per  cent,  valuation  taxable 
property  therein  to  be  ascertained  from  last  assessment  for 
state  and  county  purposes  previous  to  incurring  debt.  This 
not  to  "  apply  "  to  debt  created  or  bonds  issued  to  pay  exist- 
ing debt  under  territory.      (Okla.  X  20,  Sched.  25.) 

Xo  debt  to  be.  contracted  which  singly  or  in  aggregate  exceeds 
$5,000  except  to  suppress  insurrection  or  repel  invasion  or 
to  build  and  maintain  permanent  roads  within  county;  debts 
for  such  roads  must  be  approved  by  majority  of  those  voting 
on  question  and  in  aggregate  with  other  debts  for  same  pur- 
pose shall  not  exceed  2  per  cent,  of  assessed  valuation  of  all 
property  in  county.      (Ore.  XI  10.) 

Except  as  provided  in  constitution,  never  to  exceed  7  per  cent, 
upon  assessed  value  taxable  property  therein.  In  computing 
debt  for  the  purpose  of  determining  the  right  to  become 
further  indebted,  debts  incurred  by  "  city  and  county "  of 
Philadelphia  after  adoption  constitutional  provision  for  con- 
struction and  development  of  subways  or  for  authorized  pur- 
poses or  construction  of  wharves  and  docks  or  reclamation  of 
land  for  construction  of  wharves  and  docks  *  as  public  im- 
provements owned  or  to  be  owned  "  by  the  city  and  county 
and  which  yields  to  it  current  net  revenue  in  excess  of  in- 
terest on  such  debt  and  the  annual  instalments  necessary 
for  its  cancellation,  may  be  excluded  providing  a  sinking 
fund  for  the  redemption  of  such  debt  be  created  and  main- 
tained.     (Pa,  IX  8.) 

Any  county  other  than  Philadelphia  may  incur  debt  in  excess 
of  the  constitutional  limit  of  7  per  cent,  but  not  exceeding 
10  per  cent,  of  the  assessed  valuation  of  taxable  property 
therein  if  such  increase  assented  to  by  three-fifths  of  electors 
voting     at     public     election     in     manner     provided     by     law. 

(Pa.  IX  15.) 

In  computing  existing  debt  in  order  to  determine  right  to 
become  further  indebted  obligations  issued  prior  to  adoption 
constitutional   provision   or   thereafter   issued   by   any   county 


Indkx     !)|(!Ksi  "_'s"> 


COUNTIES   (Cont'd) 
Debt    (Cont'd) 

Limit  of  Amount    (Cont'd) 

other  than  Philadelphia,  to  provide  for  construction  or  ac- 
quisition of  waterworks,  subways,  underground  railways  or 
street  railways  or  appurtenances  thereof  not  to  be  con- 
sidered as  "a  debt  within  meaning  of  constitutional  limita- 
tion on  amount"  if  no  revenue  derived  from  said  property 
for  period  of  live  years  either  before  or  after  acquisition 
thereof  or  where  constructed  by  county,  for  period  of  five 
years  after  completion  thereof  shall  have  been  sufficient  to 
pay  interest  and  sinking  fund  charges  during  said  period  upon 
said  obligations,  or  if  said  obligations  be  secured  by  lien 
upon  the  respective  properties  and  shall  impose  no  municipal 

liability.     (Pa.  IX  15.) 

Not  to  exceed  S  per  cent,  assessed  value  taxable  property  therein 
and  not  to  be  authorized  to  increase  bonded  debt  if  existing 
bonded  debt  amounts  to  8  per  cent,  of  taxable  property  as 
ascertained  by  valuation  of  state  taxes.  When  several 
political  divisions  or  municipal  corporations  cover  same  terri- 
tory each  of  such  divisions  or  corporations  to  "  so  exercise  its 
power  to  increase  its  debt "  that  aggregate  debt  upon  any 
territory  of  state  shall  never  exceed  15  per  cent,  of  taxable 
property  in  such  territory  as  valued  for  state  taxes,  but  this 
not  to  prevent  issue  of  bonds  to  refund  valid  municipal  debt 
contracted   in   excess   of  the   8   per   cent,   limit   prior   adoption 

of   constitution.      (S.C.   X   5.) 

Never  to  exceed  5  per  cent,  of  assessed  valuation  of  taxable 
property  therein  for  year  preceding  that  in  which  debt  is 
incurred;  "in  estimating  amount  of  the  indebtedness  which 
a  municipal  subdivision  may  incur  amount  of  indebtedness 
contracted  prior  to  the  adoption  of  the  constitution  shall  be 
included  ".  Additional  debt  not  exceeding  10  per  cent,  upon 
assessed  valution  of  taxable  property  for  year  preceding  that 
in  which  debt  incurred  may  be  incurred  "  for  the  purpose  of 
providing  water  and  sewerage  for  irrigation,  domestic  uses, 
sewerage  and  other  purposes  ".      (S.D.  XIII  4.) 

Legislature  may  authorize  county  or  political  subdivision 
thereof  or  any  number  of  adjoining  counties  to  issue  bonds  or 
otherwise  lend  its  credit  in  any  amount  not  exceeding  one- 
fourth  of  assessed  valuation  of  real  property  of  said  district 
or  territory  when  approved  by  two-thirds  resident  property 
taxpayers  voting  on  question  who  are  qualified  electors  of 
such  district  or  territory  for  purposes  specified:  for  irrigation, 
drainage  or  navigation  improvements  or  in  aid  thereof,  or 
for  construction,  maintenance  and  operation  of  paved  roads 
and  turnpikes  or  in  aid  thereof.  This  authorization  to  be  in 
addition  to  all  other  county  debts.      (Tex.   Ill  52.) 

Even  when  authorized  by  vote  of  taxpaying  electors,  county 
not  to  become  indebted  "to  an   amount    including  existing  in- 


286  State  Constitutions 


COUNTIES   (Cont'd) 
Debt    (Cont'd) 

Limit  of  Amount    (Cont'd) 

debtedness  exceeding  2  per  centum  ".  This  does  not  prevent 
contracting  debt  or  issuing  bonds  under  proposition  sub- 
mitted under  laws  of  territory  to  qualified  electors  before 
constitution  took  effect;  and  not  to  impair  obligation  of  debt 
contracted  under  laws  of  territory  prior  to  adoption  of  con- 
stitution.     (Utah  XIV   4,   7.) 

Not  to  become  indebted  for  any  purpose  in  any  manner  to 
amount  exceeding  1%  per  cent,  of  taxable  property  in  county 
without  assent  of  three-fifths  voters  voting  at  election  held 
for  that  purpose.  Even  with  such  assent  total  indebtedness 
at  any  time  not  to  exceed  5  per  cent,  on  value  of  taxable 
property  therein.  Value  of  taxable  property  to  be  ascertained 
from  last  assessment  for  state  and  count}'  purj)oses  previous 
to   incurring  debt.      ( Wash.   VIII   6. ) 

No  county  or  subdivision  thereof  to  create  in  any  manner  debt 
exceeding  2  per  cent,  on  assessed  value  taxable  property 
therein  as  shown  by  last  preceding  general  assessment;  but 
county  or  any  subdivision  thereof  may  bond  its  public  debt 
existing  at  time  adoption  constitution  in  sum  not  exceeding 
4  per  cent,  on  assessed  value  of  taxable  property  in  county 
as  shown  by  last  general  assessment.      (Wyo.  XVI  3,  5.) 

Bonds 

For  exemption  of  from  taxation,  See  Taxation  —  Exemptions. 

Any  county  or  "  city  and  county  "  issuing  bonds  under  laws  of 
state  may  make  such  bonds  and  interest  thereon  payable  at 
any  place  or  places  within  or  outside  of  United  States  in 
any    money,    domestic   or    foreign,   designated    in    said    bonds. 

(Cal.  XI   13V2.) 

Bonds  issued  in  pursuance  of  approval  on  referendum  of  pro- 
position to  incur  debts  fur  specified  county  purposes  not  to 
"run  less  than  ten  years".      (Colo.  XI  6.) 

Bonds  not  to  run  for  longer  period  than  40  years  from  their 
date  and  not  to  bear  interest  at  a  greater  rate  than  5  per 
cent,  per  annum  and  not  to  be  sold  for  less  than  par.  Similar 
provision  for  renewal  or  refunding  bonds.     (La.  281   (1),  (6).) 

No  bonds  or  other  evidence  of  indebtedness  in  aid  of  railroad 
or  other  works  of  internal  improvement  to  be  valid  unless 
indorsed  with  certificate  signed  by  secretary  and  auditor  of 
state  showing  that   same  is   issued  pursuant  to  law.      (Nebr. 

XII  2.) 

Bonds  for  buildings,  roads  and  bridges  not  to  be  issued  for  term 
exceeding  50  years.      (N.M.  IX  10.) 

No  bond  or  evidence  of  debt  to  be  valid  unless  indorsed  with 
certificate  of  county  auditor  or  other  officer  authorized  by  law 
that  it  is  issued  pursuant  to  law  and  within  debt  limit.      (N.D. 

XII  187;  Wyo.  XVI  8.) 


[mux   Digest  -sT 


COUNTIES  (Cont'd) 
Debt    (Cont'd) 

Bonds    {Cont'd ) 

Xo  bond  or  evidence  of  debt  of  county  or  political  subdivision 
thereof  to  be  valid  unless  indorsed  with  certificate  signed  by 
county  clerk  or  other  duly  authorized  officer  and  the  count v 
attorney,  stating  that  it  is  issued  pursuant  to  law  and  is 
within  debt  limit.  (Okla.  X  2!).) 
Application  of  Proceeds 

Moneys   borrowed   to   be   used  only  for  purposes  specified    in   law 

authorizing  loan.      (Ky.   ITS;   Mont.  XIII  3;  Okla.  X   1(5.) 
Money  borrowed  to  be  applied  to  purpose  for  which  obtained  or 
to  repay  debt  created  therefor.      (Mo.  X  2U;  X.M.  IX  9.) 
Redemption  and  Interest 

Xo  debt  in  excess  of  revenue  to  be  incurred  unless  at  or  before 
time  of  incurring  provision  be  made  for  collection  of  annual 
tax  sufficient  to  pay  interest  as  it  falls  due  ami  to  constitute 
sinking  fund  for  payment  of  principal  on  or  before  maturity. 
Except  as  provided  in  constitution,  debt  incurred  contrary  to 
this  provision  to  be  void;  but  city  and  county  of  San  Fran- 
cisco may  make  sinking  fund  provision  to  commence  at  a 
time  after  incurring  debt  not  more  than  a  period  of  one-fourth 
of  time  of  maturity.  (Cal.  XI  IS.) 
Any  county  or  "  city  and  county  "  issuing  bonds  under  laws  of 
state  may  make  such  bonds  and  interest  thereon  payable  at 
any  place  or  places  within  or  outside  of  United  States  and  in 
any    money,    domestic    or    foreign,    designated    in    said    bonds. 

(Cal.  XI  13%.) 
Provision  to  be  made  at  time  of  incurring  any  debt  under  pro- 
visions of  constitution  for  assessment  and  collection  of  annual 
tax   sufficient   to   pay   principal   and   interest   within    30   years 
from  daie  of  incurring  debt.      (Ga.  VII  Sec.  VII  2.) 
Xot    to   incur   any  debt   or   liability  unless  at   time  of  incurring 
such  debt  provision  be  made  for  collection  of  annual  tax  suffi- 
cient to  pay  interest  and  to  constitute  sinking  fund  for  pay- 
ment   of    principal    within    20    years    from    time    of    contract- 
ing.     (Ma.  VIII  3.) 
Provision  to  be  made  at  or  before  time  of  incurring  indebtedness 
for  collection  direct  annual  tax  sufficient  to  pay  interest  and 
discharge   principal   within   20   years   from    time   of   contract- 
ing,     (111.  XI  12.) 
Whenever  authorized  to  create  debt,  county  shall  be  at  same  time 
required  to  provide    for  collection  of  annual   tax  sufficient    to 
pay  interest  and  to  create  sinking  fund  for  payment  of  princi- 
pal within  not   more   than    40  years   from   time   of   contract- 
ing.     (Ky.   I.".!).) 
Each  year  while  bonds  are  outstanding  "governing  authorities" 
to  impose  and   collect    in   excess  of  other   taxes  a    tax   siilli. -i.-nt 
to  pay  interest  annually  or  semi-annually  and  principal  falling 


28  S  State  Constitutions 


COUNTIES   (Cont'd) 
Debt    {Cont'd) 

Redemption  and  Interest    (Cont'd) 

due  each  year,  or  such  amount  as  may  be  required  for  any 
sinking  fund  necessary  to  retire  said  bonds  at  maturity,  but 
such  special  tax  not  to  exceed  in  any  year  10  mills  on  dollar 
of  assessed  valuation  of  property  therein.  Similar  and  de- 
tailed provisions  for  refunding  and  renewal  bonds.  Any  person 
in  interest  may  by  summary  proceeding  in  district  court  en- 
force imposition  and  collection  of  such  taxes;  such  proceeding 
to  be   tried   without  cost   ''to   the   litigant".      (La.   281    (1), 

(5),  (6).) 

Before  incurring  debt  requiring  assent  of  voters,  provision  to  be 
made  for  collection  of  annual  tax  sufficient  to  pay  interest 
as  due  and  to  constitute  sinking  fund  for  discharge  of  princi- 
pal within  20  years  from  time  of  contracting.      (Mo.  X  12.) 

Provision  to  be  made  at  or  before  incurring  of  debt  for  collection 
of  annual  tax  sufficient  to  pay  interest  and  principal  when  due. 
Law  or  ordinance  making  such  provision  to  be  irrepealable 
until  debt  paid.      (X.D.  XII   1S4.) 

Before  or  at  time  of  incurring  debt  in  excess  of  income  and 
revenue  provision  to  be  made  for  collection  of  annual  tax  suffi- 
cient to  pay  interest  and  to  constitute  sinking  fund  for  pay- 
ment of  principal  within  25  years  from  date  of  contracting. 

(Okla.  X  26.) 

County  to  levy  "  sufficient  additional  revenue  "  to  create  sinking 
fund  to  be  used  first,  for  payment  of  interest  coupons;  second, 
for  payment  of  bonds;  third,  for  payment  of  such  parts  of 
judgments   as   such  municipality   may   by   law  be   required   to 

pay.      (Okla,  X  28.) 

Provision  to  bo  .made  at  or  before  incurring  debt  for  collection 
of  annual  tax  sufficient  to  pay  interest  and  discharge  principal 

within  30  years.      (Pa.  IX  10.) 

Counties  other  than  Philadelphia  not  required  to  levy  tax  for 
payment  of  interest  and  discharge  of  principal  during  con- 
struction and  one  year  after  on  obligations  issued  for  construc- 
tion or  acquisition  of  waterworks,  subways,  underground  rail- 
ways or  street  railways  or  appurtenances.      (Pa.  IX  15.) 

At  or  before  time  of  incurring  debt,  provision  to  be  made  for  col- 
lection of  annual  tax  sufficient  to  pay  interest  and  principal 
when  due;  and  all  ordinances  containing  such  provision  to  be 
irrepealable  until  debt  paid.      (S.I).  XIII  5.) 

No  debt  for  any  purpose  to  be  incurred  in  any  manner  unless 
provision  made  at  time  creating  for  levying  and  collecting 
sufficient  tax  to  pay  interest  and  provide  at  least  2  per  cent, 
as  sinking  fund.  County  or  combination  of  counties  or  other 
subdivision  incurring  debts  for  purposes  specified  to  levy  and 
collect  taxes  to  pay  interest  and  provide  sinking  fund  for  their 
redemption.  Special  provision  for  taxes  for  interest  and 
smiting  fund  for  debts  contracted  prior  adoption  of  constitu- 
tion.    (Tex.  XI  7,  III  52,  XI  6.) 


I  \  I )  ]•;  X     I  )|..KST  ->'■' 


COUNTIES  (Cont'd) 
Debt   (Cont'd) 

Redemption  and  Interest    (Vowi'd) 

Not  to  be  allowed  to  become  indebted  without  at  same  time  pro- 
viding for  collection  of  direct  annual  tax  sufficient  to  pay 
annual  interest  on  such  debt  and  principal  thereof  within  not 
exceeding  thirty  four  years.  (W.Va.  X  8.) 
Before  or  at  time  of  incurring  debt,  provision  required  to  he 
made  "for  the  collection  of  a  direcl  annual  tax  sufficient  to 
pay  the  interest  on  such  debt  as  it  falls  due  and  also  to  pay 
and  discharge  the  principal  thereof  within  20  years  from 
the  date  of  contracting  Hie  same";  but  indebtedness  incurred 
by  counties  of  150,000  or  more  population  for  the  acquisition  of 
land  "  for  public  municipal  purposes  or  for  the  permanent 
improvement  thereof  ",  the  tax  to  be  sufficient  to  pay  principal 
within  a  period  not  exceeding  50  years.  (Wis.  XI  3.) 
Method  of  Collecting  —  Execution 

County  property  held  only  for  public  purposes,  such  as  buildings 
and  sites  therefor,  fire  equipments,  public  grounds  and  prop- 
erty devoted  exclusively  to  use  of  public  exempt  from  "  forced 
sale ".  This  not  to  prevent  enforcement  of  vendor's  lien, 
mechanic's  and  builder's  lien  or  other  liens  existing  time  adop- 
tion constitution.  (Tex.  XI  9.) 
Public  Utilities 

See  also  above,  this  title,  "Powers  and  Rights—  Restrictions  upon 
—  Stock  and  Bond  Holding  ",  and  "  Finances  —  Expenditures  ". 
Right  to  collect  rates  or  compensation  for  use  of  water  supplied  to 
county  or  inhabitants  thereof  "  is  a  franchise  and  cannot  be  ex- 
ercised   except    by    authority    of    and    in    the    manner    prescribed 
by  law".      (Cal.  XIV  2;   Ida.  XV  2.) 
Powers  of  board  of  supervisors  or  other  governing  bodies  of  county 
respecting   public   utilities   to   cease   so   far   as  they   conflict   with 
powers  conferred   on   state  railroad   commission  by  legislation   en- 
acted   in  pursuance  of  constitutional  authorization.     (Cal.  XII  23.) 
Railroad  commission  to  have  such  jurisdiction  as  legislature  confers 
on   it  to  fix  compensation  to  be  paid  for   public  utility   property 
taken  by  county,  and  legislature  to  have  plenary  right  "  unlimited 
by    any    provision    of    this    constitution  "    to    confer    such    powers 
on  commission.     Previous  legislation  in  accordance  with  Ibis  pro- 
vision confirmed.      ( Cal.   XII  23a. ) 
Legislature  to  provide  by   law  that  board   of   county   commissioners 
in    respective    counties    may,    when    application    is    made    by    other 
party  interested,  establish  reasonable  maximum  rales  to  be  charged 
for  use  of  water  whether  furnished  by  individuals  or  corporations. 

(Colo.  XVI  8.) 
Before  granting  franchise,  bids  to  be  received  after  due  advertise- 
ment and  award  to  be  to  highest  and  best  bidder;  but  all  bid- 
may  be  rejected.  Not  to  be  permitted  to  grant  franchise  or 
privilege  or  make  any  contract  in  reference  thereto  for  n 
than  20  years.     This  does  not  apply  to  trunk  railway.     |  Ky.  104.) 

10 


290  State  Constitutions 

COUNTIES   (Cont'd) 

Public  Utilities    (Cont'd) 

Nothing  in  provision  relating  to  powers  of  state  corporation  com- 
mission to  impair  rights  conferred  by  law  on  authorities  of  county 
to  prescribe  rules,  regulations  or  rates  of  charges  by  public  serv- 
ice corporation  in  connection  with  services  performed  under 
county  franchise  so  far  as  such  services  may  be  wholly  within 
the  limits  of  county  granting  franchises.      (Okla.  IX  18;  Va.  XII 

156    (h).) 
Roads  and  Bridges 

For  provisions  respecting  debts  incurred  for  road  purposes,  See 
above,   this   title,  Debt  —  Purpose. 

Legislature   may   extend    aid    for    construction    and   maintenance   of 

county  highways.      (Cal.  IV  36.) 

Legislature  may  provide  by  law  for  submitting  question  of  adopting 
county  road  system  but  not  to  go  into  effect  until  approved  by 
majority  of  electors  of  county  voting  thereon.     (Mich.  VIII  26.) 

Legislature  may  provide  by  general  law  for  laying  out,  construction 
and  improvement  of  highways,  bridges  and  culverts,  and  for  such 
purpose  counties  to  take  charge  and  control  of  any  highways 
within  their  limits.      (Mich.  VIII  26.) 

Legislature  not  to  vacate  or  alter  any  road  laid  out  by  commis- 
sioners of  highways.      (Mich.  VIII  27.) 

Legislature  to  provide  for  working  public  roads  by  contract  or  by 
county  prisoners,  or  both,  such  law  only  to  be  put  into  operation 
by  vote  of  board  of  supervisors  in  those  counties  where  desirable. 

(Miss.   IV   85.) 

Legislature  may  require  payment  of  proportionate  part  of  cost  of 
highway  within  county  boundaries  and  proportionate  part  of 
interest  thereon  not  exceeding  thirty-five  one  hundredths  of  sink- 
ing fund  for  redemption  highway  debt.     (N.Y.  VII  12.) 

Construction  of  bridges  and  laying  out,  construction  and  repair 
county  roads  to  be  provided  for  by  general  laws.      (Tex.  XI   2.) 

CHARITABLE,    CORRECTIONAL    AND    EDUCATIONAL    INSTITUTIONS 

See  also  above,  this  title,  Finances  —  Expenditures. 

Legislature    to    require    counties    to    make    adequate    provision    for 

maintenance  of  poor.        (Ala.  IV  88.) 

When  county  maintains  institution  for  support  dependent  children 
and  aged  persons  it  is  entitled  to  receive  same  pro  rata  appro- 
priations   as    state   grants    to    similar    institutions    under    church 

or    other    control.       ( Cal.    IV    22. ) 

County  boards  may  provide  farms  as  asylums  to  those  who  from 
"  age,  infirmity  or  other  misfortune  have  claims  upon  the  sym- 
pathy and  aid  of  society  ".      ( Ind.  IX  3. ) 

County  to  provide  as  may  be  prescribed  by  law  for  those  inhabitants 
who  by  reason  of  age  and  infirmity  or  misfortune  may  have 
claim  upon  sympathy  and  aid  of  society.  ( Fla.  XIII  3;  Kan.  VII 
3;  Mont.  X  5;  Xev.  XIII  3;  Okla.  XVII  3;  S.C.  XII  3.) 

Legislature  to  "  make  it  obligatory  upon  every  parish  to  support  its 
infirm,  sick  and  disabled  paupers  residing  within  its  limits,  pro- 


Index   Digest  291 


COUNTIES   (Cont'd) 

Charitable,  Correctional  and  Educational  Institutions    {Cont'd) 

vided  that  every  municipal  corporation  to  which  the  powers  of  the 
police  jury  do  not  extend  shall  support   its  own  infirm,  sick   and 

disabled  paupers".     (La.  174.) 
Each  county   may   maintain   infirmary    for   care   and  support  of   its 

indigent  poor  and  unfortunate.      (Mich.   VIII   11.) 
County   poorhouses   to  be   "  designated   and   maintained  "    as   county 

infirmaries.      (Mich.   VUI    11.) 

May    appropriate    money    separately    or    in    conjunction    with    other 

counties  for  construction  and  maintenance  "  or  assistance  of  public 

and    charitable    hospitals,    sanitoria    and    other    institutions    for 

the  treatment  of  persons  suffering  from  contagious  or   infections 

diseases".      (Mich.  VIII  11.) 
"  Board  of  supervisors  shall  have  power  to  provide  homes  or  farms 
as  asylums  for  those  persons  who  by  reason  of  age,  infirmity  or 
misfortune    may    have    claims    upon    the    sympathy    and    aid    of 
society".     Legislature  to  enact  laws  to   prevent  abuses  by   those 
having  care  of  suet  persons.     (Miss.  XIV  262.) 
Nothing    in   constitution    to    prevent   provision    for    "  care,    support, 
maintenance  and  secular  education  of  inmates  of  orphan  asylums, 
homes  for  dependent  children  or  correctional  institutions  whether 
under  public  or  private  control".      (X.Y.  VIII   14.) 
Legislature  may  authorize  but  not  require  payments  to  "  charitable, 
eleemosynary,    correctional    and  reformatory    institutions    wholly 
or    partly    under    private    control,    for    care,    support    and    main- 
tenance";   but   only   for   inmates    received    and    retained    pursuant 
to   rules   of   state  board   of   charities,   which   rules   are   subject   to 
legislative   control  by  general  laws.      (N.Y.   VIII    14.) 
State   board   of   charities   to   visit   and    inspect    charitable    and    cor- 
rectional institutions;  but  this  not  to  be  exclusive  of  other  visita- 
tion   and    inspection   authorized   by   law    at    time    of    adoption    of 
constitution.     Existing  laws  relating  to  such  institutions  and  their 
supervision    and    inspection    not    inconsistent    with   constitution    to 
remain  in  force  until  amended  or  repealed  by  legislature.      (N.Y. 

VIII  11,  13.) 
State  commissioner  of  charities  and  corrections  to  investigate  and 
examine  condition  and  management  of  prisons,  jails,  almshouses, 
reformatories,  reform  and  industrial  schools,  hospitals,  infirmaries, 
dispensaries,  orphanages  and  all  public  and  private  retreats  and 
asylums  which  derive  support  from  county;  officers  of  such  in- 
stitutions to  give  the  information  demanded  by  commissioner. 
Commissioner  has  full  power  to  summon  witnesses  and  administer 
oaths;    commissioner's    report    to    governor    to    be    transmitted    to 

legislature.      (Okla.  VI   28.) 
Establishment   of   county   poorhouses   and   farms   to  be   provided    for 

by  general   law.      (Tex.   XI   2.) 

May  provide  in  manner  prescribed  by  law  a  manual  labor  poorhouse 

and  farm  "for  taking  care  of,  managing,  employing  and  supplying 

the   wants"   of   indigent    and   poor    inhabitants.      (Tex.    XVI    8.) 


i;,.H  State  (  oxsttittions 

COUNTIES   (Cont'd) 
Boards  of  Health 

Legislature    to    establish    in    all    counties    when    necessary.       (Fla. 

XV  1.) 
To  have  powers  such  as  legislature  prescribes  and  in  be  under  super- 
vision   of    state    board    to    such    extent    as    legislature    prescribes. 

(Fla.  XV  3.) 
COUNTY  ATTORNEYS,  See  Prosecuting  Attorneys. 

COURTS 

See  also  Distribution  of  Powers. 
Abolish  mext 

Of  a  particular  class  of  courts.  See  throughout  this  title. 
Any  court   inferior  to  highest  court    (except  probate  court),  may  be 
abolished   whenever    its   jurisdiction   and   functions  have  been   con- 
ferred  upon   some   other   court.      (Ala.    VI    171.) 
Separate  criminal  courts  abolished.     (Ark.  VII  4.3.) 
All   courts   not   specially   mentioned  by  name   in   first   section  of  this 
article     (those    mentioned    are    supreme    court,    court    of    appeals, 
superior  courts,  courts  of  ordinary,  justices  of  peace,  and  commis- 
sioned notaries  public ).  may  be  abolished  in  any  county.      (Ga.  VI 

Sec.  XX  1.) 
Supreme  court  at  St.  Louis  and  St.  Joseph  abolished.  (Mo.  VI  21.) 
Legislature    may    abolish    inferior    courts    established   by    it.       (Miss. 

VI   172.) 
Legislature  may  alter  or  abolish  such  inferior  courts  as  now  exist. 

(X.  J.  VI  Sec.  II.) 

Circuit   courts   and   courts   of   oyer   and  terminer;    superior   court   of 

city  of  Xew  York,  court  of  common  pleas  for  the  city  and  count}-  of 

New  York,  superior  court  of  Buffalo  and  city  court  of  Brooklyn; 

courts  of  session  except  in  county  of  Xew  York.      (X.Y.  VI  5.) 

Courts  of  nisi  prius,  presided  over  by  judge  of  highest  court,  abolished. 

(Pa.  V  21.) 

Actions 

By  or  against  corporations.  See  Corporations. 

For  injuries.  See  Injuries,  and  cross  references  there  given. 

For  death.  See  Death. 

Suits  against  state.  See  Suits  Against  State. 

Limitation  of,  See  below,  this  title,   Limitation-  of  Actions. 

Pleading,  See  below,  this  title.  Pleading. 

Procedure.  See  below,  tins  title,  Procedure. 

Survival  id'.  See  below,  this  title,  Procedure. 

Trials.  See   below,  this  title,  Trials. 

Venue,  See  below,  this  title,  Trials. 

Xo  person  to  be  barred  from  prosecuting  or  defending  before  any 
tribunal,  by  himself  or  counsel,  any  civil  cause  to  which  he  is 
party.      (Ala.  1    10;   Ga.   I   Sec.  I  4;   .Miss.  Ill  25;  Utah  I  11.) 

Suitor  to  have  right  to  prosecute  or  defend  suit  personally  or  by 
attorney  or  agent  of  his  choice.      (.Mich.  II   12;   Wis.  VII  20.) 


Index   Digest  293 


COURTS    {Cont'd) 
Actions    (Cont'd) 

Distinctions  between  actions  at  law  and  suits  in  equity,  and  forms  of 
all  such  actions  and  suits  prohibited;  to  be  1  n"t  one  form  of  action 
for  enforcement  or  protection  of  private  rights  and  redress  of 
private  wrongs,  called  a  civil  action.      (Ida.  V   1;   N.C  IV   1.) 

Commission  provided  for  to,  as  far  as  practical,  abolish  distinct  forma 
of  action  at  law  and  provide  uniform  mode  of  proceeding  without 
any  distinction  between  law  and  equity.      (Ind.  VII  20;   Ohio  XIV 

1,   2,    3.) 

To  be.  l>ut  one  form  of  civil  action,  and  law  and  equity  to  be  admin- 
istered in  same  action.      (Mont.  VIII  28.;   Xev.  VI   14;    Utah  VIII 

19.) 

Justice  to  he  administered  in  uniform  mode  of  pleading  without  dis- 
tinction  between    law   and   equity,      (S.C.   VI   3.) 

Distinction  between  law  and  equity  to  be  abolished  by  legislature 
as  far  as  practicable.      (Mich.  VII  5.) 

Xo  judgment  or  decree  in  any  chancery  or  general  trial  court 
rendered  in  civil  case  to  he  reversed  or  annulled  on  ground  of 
want  of  jurisdiction  to  render  such  judgment  or  decree,  from  error 
or  mistake  as  to  whether  cause  in  which  rendered  was  in  equity 
or  common-law  jurisdiction,  but  if  highest  court  finds  error  in 
proceedings  other  than  as  to  jurisdiction,  and  it  is  necessary  to 
remand  case,  it  may  remand  it  to  any  court  which,  in  its  opinion, 
can  best  determine  controversy.      (Miss.  VI    147.) 

Act  of  legislature  not  to   affect   right  or   remedy  of  either  party   in 

pending  case.      (N.M.   IV   34.) 

After  suit  commenced  on  cause  of  action  legislature  to  have  no  power 
to   take   away   such   cause   of   action   or   destroy   existing   defense. 

(Ala.  IV  95.) 

Any  provision  of  express  or  implied  contract  stipulating  for  notice 
or  demand,  other  than  such  as  provided  by  law.  as  a  condition 
precedent   for  any  claim,  demand  or   liability,  to  be  void.      (Okla. 

xxin  9.) 

Local  or  special   law  prohibited.      (La.   48.) 

Xo  religious  or  political  test  oath  to  be  required  as  prerequisite  to 

sue.      (W.Va.    HI    11.) 

Grants  of  land  within  state  made  by  king  of  Great   Britain  or  person 

acting  under  bis  authority,  after  October  14,  177o.  to  be  null  and 

void,    but    ""  nothing   contained    in   this   constitution  "    shall    impair 

any    suits,   actions   or   rights   of   actions,    or   other    proceedings   in 

courts  of   justice.      (X.V.  I    17.) 
Nothing   contained   in   constitution   to   affect   suits,    actions,    rights   of 
actions,  or  other  proceedings  in  courts  of    justice.      (Tenn.   X 1    2.) 
Administration  of  Jr-.n<  :•:.  See  Administration  oi    Justicb. 
Aldermen,  See  bdoir.  this  title.  Justices  of  Peact.. 
Appeals 

For  organization  and  jn ricdirt ion  of  court*  of  general  appellate 
jurisdiction  [other  than  highest  court).  Sec  below,  this  title.  •' IN- 
TERMEDIATE Courts  of  Appeal";  for  appeals  to  or  from  a  par- 
ticular class  of  courts,  See  throughout   this  title. 


294  State  Constitutions 


COURTS    (Cont'd) 

Appeals    (Cont'd) 
Right  to 

Conclusiveness  of  fact  found  by  jury,  See  Juries  —  Verdict. 
Writs  of  error  never  to  be  prohibited  by  law.      (Wis.  I  21.) 
Writ  of  error  to  be  writ  of  right  in  all  cases  of  felony.      (Nebr. 

I  23.) 
Accused  to  have  right  of  appeal  in  all  cases.     (Ariz.  II  24;  Utah 

I   12;   Wash.  I  22.) 
Political  or  religious  test  oath  not  to  be  required  as  perquisite 

to  appeal.      (W.Va.  Ill  11.) 
In  cases  prescribed  by  legislature.      (Xev.  VI  8.) 
To  be  preserved  in  trials  of  petty  crimes  without  jury.      (N.C. 

I  13;Va  I  8.) 

Judges   of   inferior   courts   of   law   or   equity   may   in   civil   cases 

issue  writs  of  certiorari  to  remove  cause  or  transcript  thereof 

from   any   inferior   jurisdiction    into   such   "  court   of   law "   on 

sufficient  cause,  supported  by  oath  or  affirmation.      (Tenn.  VI 

10.) 
Either  party  to  have  right  of  appeal  to  court  of  record  prose- 
cuted by  law  in  all  cases  of  summary  conviction  or  of  judg- 
ment in  suit  for  a  penalty  before  a  magistrate  or  court  not  of 
record,    upon    allowance    of    appellate   court    or   judge    thereof 
upon   cause  shown.      (Pa.  V   14.) 
State  to  have  no  right  of  appeal  in  criminal  cases.     (Tex.  V  26.) 
State    to    have   right    of    appeal    in    all   cases    relating   to    state 
revenue.      (Va.  I  8;   W.Va.  VIII  3.) 

Procedure 

To  be  regulated  by  legislature.      (Nev.  VI  8.) 
Legislature  to  provide  proper   system  of  appeals.      (Ida.  V   13; 

N.C.  IV  12.) 
Appeal   to   act   as   supersedeas   to   stay  sentence  of   death   until 

further  order  of  supreme  court.      (Nebr.  I  23.) 
Appeal   from  judgment  on   reconventional  or   incidental   demand 
lies  to  court  having  jurisdiction  of  main  demand.      (La.  95.) 

In  Condemnation  Proceedings,  See  Eminent  Domain  —  Assessment 

of  Compensation  —  Appeal. 

Appointments  by 

Legislature  not   to  confer   on   court   power  of  appointing,   except   as 
provided  in  constitution.      (W.Va.  VI  40.) 

Arbitration  Courts 

See  also  Arbitration. 

Hay  be  established  with  powers  and  duties  as  prescribed  by  law;  or 
jiower  and  duties  of  same  may  be  conferred  upon  other  courts. 
Judgments  of  such  tribunals  or  other  courts  shall  not  be  obligatory 
on  parties  unless  they  voluntarily  submit  matters  of  difference 
and  agree  to  abide  by  judgment.  (Ind.  VII  19;  N.D.  IV  12.) 
Legislature  may  establish  with  powers  and  duties  prescribed  by  law. 

(Mich.  XVI  7.) 


Index  Did  est  295 


COURTS    (Cont'd) 

Arbitration  Courts   (Cont'd) 

Legislature  may  establish  and  prescribe  powers  and  duties;  judgment 
not  final  in  any  case  except  upon  submission  by  parties  of  matter 
in  dispute  and  their  agreement  to  abide  by  judgment.      (Ohio  IV 

19.) 

Legislature    shall    pass    laws    for    regulation    of    arbitration    courts, 

defining  their  powers  and   duties;   may  be  established   in  and   for 

any  township;  power  to  render  judgment  obligatory  on  parties  when 

they  voluntarily  submit  differences  and  agree   in  writing  to  abide 

by   judgment.      (Wis.    VII    16.) 
Legislature  to  establish  courts  of  arbitration  to  hear  and  determine 
differences  and  controversies  between  organizations  of  laborers  and 
their  employers,  which  shall  be  submitted  to  them  in  manner  pre- 
scribed by  law;    appeals   from  decisions  of   compulsory  boards  of 
arbitration  to  be  allowed  to  highest  court;   manner  of  taking  ap- 
peals to  be  prescribed  by  law.      (Wyo.  XIX  Boards  of  Arbitra- 
tion 1,  V  28.) 
Arbitrators 

Legislature  not  to  pass  local  or  special  law  regulating  jurisdiction 
or  practice  of,  or  changing  rules  of  evidence  in  any  judicial  pro- 
ceeding or   inquiry  before.      (Mo.   IV  53;    Okla.  V  46;    Pa.  Ill   7; 

Tex.  Ill  56.) 
Associate  Judges  of  State 

Applies  to  Delaware  only;  judges  are  not  judges  of  any  one  court. 
For  provisions  dealing  with,  associate  judges  generally,  See  below, 
this  title,  "  Judges  ",  and  the  subhead  "  Judges  "  under  the  various 
classes  of  courts  throughout  this  title. 
Four  judges  to  be  appointed  from  any  part  of  state.  One  may  reside 
in  any  part  of  state;  each  of  others  to  reside  in  each  of  three 
counties  of  state;  appointed  by  governor  with  consent  of  majority 
of  members  elected  to  senate,  for  term  of  12  years.  If  two  or 
more  are  commissioned  on  same  date,  seniority  determined  by  lot; 
result  certified  to  governor.  Oath  must  be  taken  as  prescribed  by 
amended  constitution.  Compensation  as  provided  by  law;  not  less 
than  $3,000 ;  payable  quarterly  by  state ;  fees  or  perquisites  in 
addition  to  salary  provided  by  law,  prohibited.  Vacancies  filled 
by  appointment  of  governor  with  consent  of  senate,  if  not  in  session, 
governor  shall,  within  30  days  after  happening  of  vacancy,  con- 
vene same  for  confirmation  of  appointment;  vacancy  filled  for 
full  term.  Judges  to  hold  no  other  office  of  profit;  to  exercise 
all  powers  which  any  law  vests  in  judges  singly  of  general  trial 
courts  for  civil  cases  only.  (Del.  IV  2,  3,  4,  21.) 
Auditors 

Legislature  not  to  pass  local  or  special  law  regulating  jurisdiction  or 
practice  of,  or  changing  rules  of  evidence  in  any  judicial  proceed- 
ing or  inquiry  before.      (Pa.  Ill  7.) 
Bailiffs 

"High  bailiff"  elected  in  same  manner  as  senators;  term  of  office 
to    commence    first    day    of    February    next    after    election,    serving 


■2\H]  State  Constitutions 

COURTS    (Cont'd) 

Bailiffs    (Cont'd) 

for  two  years.  Before  entering  on  duties  must  give  bond  of  suffi- 
cient security  to  treasurer  of  respective  counties,  before  one  judge 
of  highest  court  or  two  assistant  judges  of  county  court  in  their 
respective  counties  in  such  sum  and  manner  as  provided  by   law. 

(Vt.    H    25,   48,   49.) 
Baltimore  Conns 

Detailed  provisions  for.      (Md.  IV  27  ct  seq.) 
To  Be  Open 

Courts  t<>  be  (.pen  to  every  person.      (Colo.  II  0;   Ida.  I   18;   Mo.  II 

10;   Mont.  Ill  6;   Okla.  II  6.) 

Courts  to  be  open.      (Ala.  I   13;   Conn.  I   12;   Del.  I  9;  Fla.  D.K.  4; 

Ind.  I    12;    Ky.   11;    .Miss.  Ill  24;   Xcbr.  I   13;   X.C.  I  35;    X.D.  I 

22;  Ohio  I  16;  Pa.  I  11;  S.D.  VI  20;  Tenn.  I  17;  Tex.  I  13;  Utah 

I    11;   W.Va.  Ill    17;    Wyo.   I   8.) 
Courts  to  be  public.      (S.C.  I    15.) 
Courts  not  to  be  secret.      (Ore.  I  10.)* 
Chancellor  of  State 

Applies  to  Delaware  only.     In   that  slate  the  chancellor  is  appointed 

as  such   and  not  as  judge  of  any  particular  court. 
/See  also  below,  this  title,  Chancery  Courts. 

For  provisions  referring  to  all  judges,  See  below,  this  title,  Judges. 
Appointed  by  governor  by  and  with  consent  of  majority  of  all  mem- 
bers elected  to  senate;    may  be  appointed  from  and  reside  in  any 
part    of    state;    term  T)f    office    12    years;    in    case   vacancy    occurs 
when    senate    shall    not   be    in    session    governor    shall   convene   the 
senate   within    30   days    for   confirming   appointment.     Vacancy   to 
be    filled    for    full    term.      Compensation    fixed    by    law    and    paid 
quarterly,  not  less  than  $3,000  annually.     Fees  and  perquisites  in 
addition    to    salaries    prohibited   for   business  done   except   as  pro- 
vided by  law.  and  prohibition   against  holding  any  other  office  for 
profit.      Chancellor    to    hold    court    of    chancery,      To   exercise    all 
powers  which  any  law  vests  in  chancellor,  also  powers  of  court  of 
chancery.      (Del.  IV  2,  3,  4,   10,  21.) 
Cham'ery  Courts 
Clerks 

j$eje  also  below,  this  title,  Clerks 
Compensation 

As  provided  by  law,  to  be  uniform  throughout  stale.      (Ala. 

VI    163.) 
uuttes 

As  provided  by  law  for  duties  to  be  performed  during  vaca- 
tion ;   subject  to  approval  of  court.      (Miss.  VI  16"S. ) 
'loir   Selected 

Appointed   as  provided  by  law.      (Miss.  VI  168.) 
Appointed   by  chancellor.      (Tenn.  VI   13.) 
Appointed  by  governor  with  consent  of  senate.      (X.J.  VII 

Sec.  II  4.) 
Appointed  by  judge  of  respective  districts.  (Ala.  VI  163.) 
Elected  by  qualified  electors  of  respective  counties  at  general 

election.     (Del.  Ill  22.) 


I.M)i:x    Dii.Ksr  20  Y 


COURTS    {Cont'd) 

Chancery  Courts    (Cont'd) 
Clerks    (Cont'd) 

Location  of  Offict 

To  keep  office  in  town  or  place  in  each  county  in  which  gen- 
eral trial  court  is  held.     (Del.   Ill  23.) 
Qualifications 

Residents   of   district    for   at   least    12   months    prior    to   ap- 
pointment.     (Ala.   VI    163.) 
Removal 

By  judges  for  cause;   to  be  entered  at  length  upon  mini 

of  court.     (Ala.  VI  163.) 
Residence 

In   respective  districts.      (Ala.  VI   163.) 

Term  of  Office 

Four  years.      (Del.  Ill  22;   Miss.  VI  168.) 
Five  years.     (X.J.  VII  Sec.  II  4.) 

For  term  for  which  judge  making  appointment  was  elected 
or  appointed.      (Ala.  VI    163.) 

Establishment,  See  below,  litis  title,  Establishment. 
Judges 

Sec  also  above,  this  title,  ChAjstcellob  of  State. 
See  also  below,  this  Utile,  Judges; 
Ad  Litem  Appointees 

If  judge  incompetent  to  act,  parties  or  their  attorneys  to 
agree  on  practicing  lawyer  to  act;  if  parties  cannot  a.f,rree. 
or  one  of  their,  is  not  represented  in  court,  clerk  to  appoint 
special  judge  who  shall  preside,  try  and  render  judgment; 
legislature  may  prescribe  other  methods  for  supplying 
special  judges.      (Ala.  VI  16(1.) 

If  judge  unable  or  disqualified  to  preside,  or  if  attorneys 
engaged  in  case  cannot  agree  upon  member  of  bar  to 
preside  ad  litem,  governor  to  commission  another  of  law 
knowledge  to  preside.     (Miss.  VI  165.) 

If  chancellor  interested  or  disqualified,  chief  justice  of  state 
to  have   jurisdiction.      (Del.   IV   16.) 

If  chancellor  absent  from  state,  or  in  case  of  his  bemporary 
disability,  chief  justice  of  state,  or  in  hi-  ab  ence,  senior 
associate  judge,  may  grant  restraining  orders  and  pre- 
liminary injunctions  according  to  rules  of  chancery  court, 
provided  that  nothing  herein  contained  construed  1"  confer 
jurisdiction   over  Case.      (Del.  IV  17.) 

Legislature  to  provide  for  holding  court  when  judges  fail 
to  attend  regular  terms.      (Ala.  VI   161.) 

Compensation 

As  provided  by  law;  not  to  he  increased  or  diminished  'lur- 
ing continuance  in  office.     (Miss.  VI   166.) 

To  receive  at  stated  times:  not  to  he  diminished  during 
term.      (X.J.  VII  Sec.  II  1.) 


298  State  Constitutions 


COURTS    (Cont'd) 

Chancery  Courts    (Cont'd) 
Judges    (Cont'd) 

Dual  Office  Holding 

Not  to  hold  any  other  office  under  state  or  United  States. 

(N.J.  VII  Sec.  II  1.) 
Duties 

To  be  ordinary  or  surrogate-general.      (N.J.  VI  Sec.  IV  2.) 
Hoio  Select i d 

Appointed  by  governor  with  consent  of  senate.      (Miss.  VI 

153;  N.J.  VII  Sec.  II  1.) 
Elected  by  qualified  electors  of  chancery  divisions  at  times 
prescribed  by  law,  except  where  new  chancery  division 
created  in  which  case  judge  to  be  elected  at  next  general 
election  for  state  officers  for  term  to  expire  at  next  gen- 
eral election  for  judge,  but  if  division  created  more  than 
six  months  before  such  election  of  state  officer,  governor 
to  make  appointment  until  election.  Right  of  judge  to 
hold  office  for  full  term  not  to  be  affected  by  change  made 
by  law  in  mode  or  time  of  election.      (Ala.  VI  152,  159, 

155.) 
Chancellor  of  state  to  hold  court  of  chancery.     (Del.  IV  10.) 
If  court  established,  legislature  not  to  constitute  themselves 
judges  of  court.     (Vt.  II  29.) 
Impeachment,  See  Impeachment. 
Number 

One  for  each  division    (state  to  be  divided  into  convenient 

divisions).     (Ala.  VI  145.) 
Power  to  Act  in  Other  Courts 

May  hold  court  for  each  other  when  deemed  necessary  and 

shall  do  so  when  directed  by  law.      (Ala.  VI  146.) 
To  be  judge  of  prerogative  courts.     (N.J.  VI  Sec.  IV  2.) 
Prohibition  of  Practice  of  Law 

During  continuance  in  office  in  any  court,  state  or  federal, 

within  state.     (Ark.  VII  25.) 
Qualifications 

Twenty-six  years  of  age.      (Miss.  VI  154.) 

Thirty  years  of  age.      (Tenn.  VI  4.) 

Attorney  five  years.     (Miss.  VI  154.) 

Citizen  of  state  five  years.      (Miss.  VI  154.) 

Resident   of    division   one   year   next   preceding   election    or 

appointment.      (Ala.  VI    145.) 
Resident  of  state  for  five  years;  circuit  for  one  year.     (Tenn. 

VI  4.) 
Removal 

By  governor  upon   joint  address   of  two-thirds  of  members 
elected  to  both  houses;  for  good  cause.     (Ark.  XV  3.) 
Residence 

Within  division  for  which  he  is  elected  or  appointed  during 
continuance  in  office.      (Ala.  VI  145.) 


Index   I)k;est  299 


COURTS    (Cont'd) 

Chancery  Courts    (Cont'd) 
Judges    (Cont'd) 
Term  of  Office 

Four  years.      (Miss.  VI   153.) 

Six  years  and  until  successor  is  qualified.     (Ala.  VI   155.) 
Seven  years.      (N.J.  VII  Sec.  II  1.) 
Eight  years.      (Tenn.  VI  4.) 
Vacancies 

Filled  by  appointment  by  governor  during  recess  until  end 
of  next  session  of  senate;  governor  no  power  to  remove 
appointee  or  power  to  withhold  his  name  from  senate  for 
their  action.  (Miss.  VI  177.) 
Filled  by  appointment  by  governor  until  successor  elected 
and  qualified;  successor  elected  for  unexpired  term  at  gen- 
eral election  which  shall  occur  at  least  six  months  after 

vacancy.     (Ala.  VI  158.) 
Judicial  Districts 

State  to  be  divided  into  convenient.  (Miss.  VI  152.) 
State  to  be  divided  into  convenient ;  each  division  to  be  subdi- 
vided; county  having  a  population  of  20,000  or  more  according 
to  next  preceding  federal  census  and  taxable  property  of 
$3,500,000  or  more  according  to  next  preceding  assessment  of 
property  for  state  and  county  taxation,  need  not  be  included 
in  district;  but  if  property  or  population  reduced  below  these 
figures  legislature  shall  include  such  county  in  a  district  em- 
bracing more  than  one  county;  no  district  shall  contain  less 
than  three  counties  unless  there  be  embraced  therein  a  county 
having  a  population  of  20,000  or  more  and  taxable  property 
of  $3,500,000  or  more  in  value.  (Ala.  VI  147.) 
Jurisdiction 

Legislature  may  confer  the  jurisdiction  of  a  general  trial  court 

on.     (Ala.  VI  148.) 
As  conferred  by  law,  legislature  may  repeal  or  alter  act  of  legis- 
lature giving  jurisdiction,  and  may  add  to  jurisdiction  given 
by  constitution.      (Del.  IV  10,  20.) 
As  now  established  by  law  until  changed  by  legislature.     (Tenn. 

VI  8.) 
Legislature  may  confer  that  usually  exercised  by  such  court  or 
as  shall  appear  for  interest  of  commonwealth.  (Vt.  II  29.) 
As  established  by  law  when  this  constitution  is  put  in  operation; 
jurisdiction  over  idiots,  lunatics  and  persons  of  unsound  mind: 
cases  of  divorce  and  alimony;  cases  in  equity;  matters  testa- 
mentary and  of  administration;  and  business  affecting  minors. 
In  addition  to  jurisdiction  heretofore  exercised  in  suits  to 
try  title  and  to  cancel  deeds  and  other  clouds  upon  real  estate, 
it  shall  have  jurisdiction  to  decree  possession  and  to  displace 
possession;  to  decree  rents  and  compensation  for  employment 
and  taxes;  and  in  all  cases  where  said  court  heretofore  exer- 
cised jurisdiction,  auxiliary  to  courts  of  common   law,  it    may 


300  State  Constitutions 


COURTS    (Cont'd) 

Chancery  Courts    (Cont'd) 
Jurisdiction    (Cont'd) 

exercise  such  jurisdiction  to  grant  the  relief  sought,  although 
the  legal  remedy  may  not  have  been  exhausted  or  the  legal 
title  established  by  a  suit  at  law.  Jurisdiction  concurrent 
with  general  trial  courts  of  suits  on  bonds  of  fiduciaries  and 
public  officers  for  failure  to  account  for  money  or  property 
received,  or  wasted  and  lost  by  neglect  or  failure  to  collect, 
and  all  suits  involving  inquiry  into  matters  of  mutual  ac- 
counts. (Miss.  VI  159,  160,  161.) 
No  judgment  or  decree  in  any  chancery  or  general  trial  court 
rendered  in  civil  case  to  be  reversed  of  annulled  on  ground  of 
want  of  jurisdiction  to  render  such  judgment  or  decree,  from 
error  Or  mistake  as  to  whether  cause  in  which  rendered  was 
in  equity  or  common-law  jurisdiction;  but  if  highest  court 
finds  error  in  proceedings  other  than  as  to  jurisdiction,  and 
it  is  necessary  to  remand  case,  it  may  remand  it  to  any  court 
which,  in  its  opinion,  can  best  determine  controversy.      (Miss. 

VI  147.) 
Masters 

Abolished.      (Mich.  VII  5;  Wis.  VII  10.) 

Jurisdiction  and  practice  not  to  be  regulated  nor  rules  of  evi- 
dence in  proceedings  before  changed,  by  local,  private  or  special 

law.      (Pa.  Ill  7.) 
Appointed  by  chancellor.      (Tenn.  VI   13.) 
Term  of  office  six  years.      (Tenn.   VI   13.) 

Reporter 

To  be  appointed  by  chancellor  for  term  of  five  years.     (N.J.  VII 

Sec.  II  5.) 

Special  Regulations  for  Particular  Counties 

The  Pulaski  chancery  court  to  continue  in  existence  until  abol- 
ished  by  law  or  the  business,  pending  at  the  adoption  of  this 
constitution  shall  be  disposed  of,  or  the  pending  business  be 
transferred  to  other  courts;  judge  and  clerk  to  hold  office  for 
two  years;  elected  by  qualified  electors  of  state;  special  pro- 
vision for  suits  concerning  lands  in  the  suits  and  proceedings 
which  relate  to  the  sixteenth  section.  Vacancies  in  offices  of 
[judge  and  clerk  filled  by  special  election  unless  occurring  nine, 
months  before  next  general  election  when  filled  by  appointment 

by  governor.      (Ark.  VII  44,  50.) 

Time  and  Place  of  Holding 

At   least   two  I'aili  year   at  place  prescribed  by  law.      (Ala.  VI 

146.) 
At  least  two  each  year  in  each  county.      (Miss.  VI   164.) 

Transfer  of  Cases 

fifce  also  below,  litis  fitb\  Trials  —  ChAtjGe  of  Venue. 
Cases   whereof  general   trial  court  has  exclusive  jurisdiction,  to 
be  transferred  to  that  court.      (Miss.  VI  162.) 


Imu'.x  Digest  .  301 


COURTS    (Cont'd) 

Chancer?  Courts    (Cont'd) 
Transfer  of  Cases    (Cont'd) 

Legislature  to  provide  for  due  certification  of  causes  transferred 
to  general  trial  courts  and  for  such  reformation  of  pleadings 
therein   as  necessary,   and    adjudication   of   costs   of   transfer. 

(Miss.  \  I    if.:;.) 

Character 

Legislature  may  provide  that  any  court,  except  justices'  courts,  shall 
be  courts  of  record.     (Cal.  VTI  12;  Wash.  IV   11.) 
Charging  Juries,  See  below,  this  title,  Trials. 

ClITEF  JUSTICE  OF  STATE 

Apj'Jirx  lo  Delaware  only.  In  tlial  slate  chief  jnslire  is  elected  as 
sn'-!i  imd  not  as  judge  of  any  particular  court.  For  other  pro- 
visions in  regard  to  chief,  justices  of  highest  court,  See  Highest 

Court  —  Chief  Justice. 

Appointed  from  and  may  reside  in  any  part  of  state.  Appointed  by 
governor  with  consent  of  majority  of  members  elected  to  senate 
for  term  of  12  years.  Oath  must  be  taken  as  prescribed  by 
amended  constitution.  Compensation  as  provided  by  law;  no1 
less  than  $3,000;  payable  quarterly  by  state;  fees  or  perquisites  in 
addition  to  salary  provided  by  law  prohibited.  Vacancies  rilled  by 
appointment  of  governor  witli  consent  of  senate,  if  not  in  session, 
governor  shall,  within  30  days  after  happening  of  vacancy,  con- 
vene same  for  confirmation  of  appointment.  Vacancy  filled  for 
full  term.  Chief  justice  not  to  hold  other  office  of  profit.  To 
exercise  all  powers  which  any  law  vests  in  judges  singly  or 
general  trial  courts  for  civil  cases  only.      (Del.  IV  3,  4,  21.) 

Clerks 

See  also  below,  this  title,  Officers. 

For  clerk  of  a  particular  court.  See  throughout   this   title. 

Dual  Office   Holding 

Not  to  hold  seat  in  legislature.      (Me.  IX  2;  W.Va.  VI  13.) 
Not    to   hold    seat    in    legislature;    election    and    taking    -cat    in 

legislature  vacates  office.      (Va.  IV  44.) 
Ineligible  for  any  office  in  either  branch  of  legislature  or  mem- 
bership  therein.      (N.D.    II    37.) 
Clerks  of  courts  of  record  ineligible  for  legislature  during  term 

for  which  elected.  (Ark.  V  7;  Tex.  Ill  lit.) 
Not  to  hold  office  of  judge  of  highest  court  or  an\  inferior 
court,  attorney-general,  county  attorney,  treasurer  of  state, 
adjutant-general,  judge  of  probate,  register  of  probate,  register 
of  deeds,  sheriff  or  deputy  sheriff;  acceptance  of  -cat  m  Con- 
gress vacates   office.      (Me.   IX  2.) 

Duties  in  General 

To  attest  all  writs.     (S.C.  V  31.) 

To   have   charge    and    custody    of   records    and    other    papers;    to 
perform   such   duties   a-   are  now   or  to  be  provided   by   law. 

i  \!d.  IV  10.) 


302  State  Constitutions 

COURTS    (Cont'd) 
Clerks   (Cont'd) 
Fees 

To  be  allowed  fees  which  appertain  to  office.      (Md.  IV  10.) 
Fees  in  civil  actions  to  be  accounted  for.     (Nev.  VI  16.) 
How  Selected 

As  provided  by  law.     (Ala.  VI  164.) 
As  provided  by  law  for  each  county.      (Miss.  V  138.) 
Appointed  by  judges,  except  in  probate  courts.     (N.H.  II  81.) 
Elected  until  otherwise  provided  by  law    (then  follows  minute 

procedure  set  forth).      (Ohio  Sched.,  1851,  15.) 
Clerks  of  courts  of  record  except  St.  Louis  court  of  appeals  and 
highest   court,   elected   in   manner   prescribed  by  law;    tie   or 
contest  determined  as  prescribed  by  law.     (Mo.  VI  39,  40.) 
Clerks  of  inferior  courts  elected  by  qualified  voters  of  respective 
counties   or   districts    (does  not   apply   to   clerks  of   courts  of 

chancery).     (Tenn.  VI  13.) 
Clerks   of    inferior   courts   established   by    legislature   elected   as 

provided  by  law.  (N.C.  IV  30.) 
In  case  of  contested  election  governor  to  send  returns  to  lower 
house  which  shall  judge  the  election  and  qualification  of  candi- 
date; if  judgment  shall  be  against  one  who  has  been  returned 
elected  or  one  commissioned  by  governor,  lower  house  to  order 
new   election   within   30   clays;    in   case   of   a  tie,  governor  to 

order  new  election.      (Md.  IV  12.) 
To  be  county  officers  and  elected  as  such   (See  Counties  —  Offi- 
cers.)      (Pa.  XIV  1,  2.) 
County  clerks  to  be  clerks  of  courts  of  record  in  respective  coun- 
ties.    (Xev.  IV  32.) 
County  clerks  to  be  ex  officio  clerks  of  courts  of  record  in  re- 
spective counties  or  cities.      (Cal.   VI   14.) 
Clerk  of  court  of  common  pleas  to  be  clerk  of  all  other  courts  of 
record    in    county,    hut    legislature    may    provide    by    law    for 
election   of  a  clerk  for  any  of  the  courts  of  record  and  may 
authorize   judge   of   probate   court   to   perform   duties   of   clerk 
for    his    court    under    regulations    prescribed    by    law.      (S.C. 

V  27.) 
Prohibition  on  Practice  of  Law 

Not   to   act   as   attorney   or   counsel   in   any   causes   in   court  in 
which  clerk,  nor  to  draw  any  writ  originating  a  civil  action. 

(N.H.  II  81.) 
Removal 

For  causes  and   in  manner  provided  by  law.      (Ohio  IV  16;   S.C. 

V  27.) 
For   malfeasance,   incompetency   or   neglect  of  duties   in   manner 

provided  by  law.     (Tenn.  VI  13.) 
By  judgment  of  general  trial  court  for  high  crimes  and  misde- 
meanors,  non-feasance  or   malfeasance   in   office,   incompetency, 
corruption,    favoritism,    extortion    or    oppression    in    office,    or 
for  gross  misconduct  or  habitual  drunkenness;   district  attor- 


Index  Digest  303 


COURTS    (Cont'd) 
Clerks   (Cont'd) 

Removal  (Cont'd) 

ney  may  institute  suit;   duty  to  do  so  on  written  request  and 
information    of   25    resident   citizens    and   taxpayers    (detailed 

provisions).      (La.  222.) 
Clerks  of  inferior  courts  not  of  record  removed  for  cause,  after 
due  notice  and  opportunity  of  being  heard  by  such  courts  as 
may  be  prescribed  by  law.      (N.Y.  VI  17.) 
Supervision  of 

Judges  to  make  rules  and  regulations  for  government  of  clerks 
and  performance  of  their  duties;  said  rules  to  have  force 
and  effect  of  law  until  repealed  or  modified  by  legislature; 
subject    to    visitorial    power    of    judges    of    respective    courts. 

(Md.  IV  10.) 
Term  of  Office 

During  pleasure  of  judge,  except  in  case  of  probate  court.      (X.H. 

II  81.) 
As  provided  by  law  in  case  of  courts  of  record  except  St.  Louis 

court  of  appeals   and  highest  court.      (Mo.  VI   39.) 
Not  to  exceed  eight  years,  in  case  of  inferior  courts  established 

by  legislature.     (N.C.  IV  30.) 
Four   years    in   case   of   inferior   courts    except   chancery   courts. 

(Term.  VI  13.) 
Vacancies 

Filled  by  election ;  but  where  unexpired  term  does  not  exceed 
one  year,  vacancy  to  be  filled  by  appointment  by  court.      (111. 

VI  32.) 
Commissioners 

Legislature  not  to  pass  local  or  special  law  regulating  jurisdiction 
or  practice  of,  or  changing  rules  of  evidence  in  any  judicial  pro- 
ceeding or  inquiry  before.      (Mo.   IV  53;   Okla.  V  46;   Pa.  Ill  7; 

Tex.   Ill  56.) 
Of  general  trial  courts,  See  below,  this  title,  General  Trial  Courts 

—  Court  Commissioners. 
Judges  of  county  court,  See  below,  this  title,  County  Courts. 
Commissioners'   courts,   See   Counties. 

Commissioners'    court    of    appeals,    See    below,    this    title,    Highest 

Court. 
Commitments.   See   belov,    this   title,   Trials  —  Preliminary    Examina- 
tions. 
o       Common  Pleas,   Courts  of 

See  also  below,  this  title.  Corvrv  Conns. 

For  courts  of  this  name  having   the  jurisdiction   of  a   general   trial 

court,  Sec  below,  this  title.  General  Trial  Courts. 
Legislature  may  authorize  judges  of  county  court  of  any  one  or  more 
counties  to  hold  severally  a  quarterly  court  of  common  pleas  in 
their  respective  counties,  to  be  a  court  of  record,  with  jurisdiction 
in  contract  and  other  civil  matters  not  involving  title  to  real 
estate  as  may  be  vested.  Judges  to  receive  compensation  as  pro- 
vided by  law.      (Ark.  VII  32,  37.) 


304  State  Constitutions 

COURTS    (Cont'd) 

Common  Pleas,  Courts  of  {Cont'd) 

Judges   to   be   appointed   for   terms   of    four   years.      (Conn.   Amend. 

XX.) 
Judges  not   to  hold   other   office  under  government   of   state,  except 

justice  of  peace   or   militia   office.      (Mass.   Amend.   VIII.) 
To  be  no  more  than  five  judges  of  inferior  courts  of  common  pleas 
in  each  county;   one  judge  for  each  county  to  be  appointed  every 
year,   and   no   more   except   to   fill   vacancies   which   shall   be   only 
for  unexpired  term.     Commissions  for   first   appointments  to  take 
effect   April    1st   next;    and   subsequent   commissions    to   bear   date 
and    take    effect    April    1st,    except    commissions    to    fill    vacancies, 
which  shall  bear  date  and  take  effect  when  issued.     Judges  to  be 
nominated  by  governor  and  appointed  by  him  with  advice  and  con- 
sent of  senate.      (X.J.  VI  Sec.  VI   1,  2,  VII  Sec.  II   1.) 
Legislature  may  vest  in  courts  of  common  pleas  in  counties  chancery 
powers  in  relation  to  foreclosure  of  mortgages  and  sale  of  mort- 
gaged premises.      (X.J.  IV  See.  VII  10.) 
Judges  to  be  appointed  by  senate  and  lower  house  in  joint  meeting; 
to  hold  office  for  five  years  unless  appointed  to  fill  vacancies,  then 
for  unexpired  term  only.      (X.J.  VII  Sec.  II  2.) 
Conciliation,  Courts   of,  See. above,   this  title,  Arbitration  Courts. 
Consolidation  of 

Legislature  may  provide  for  consolidation  of  any  two  or  more  courts 
of  record  in  county  with  or  without  separate  divisions  and  pro- 
vide sufficient  number  of  judges  for  transaction  of  business  of  such 
consolidated   courts;    probate   court   must   remain   separate.      (Ala. 

VI    148.) 
Contempt  of,  See  Contempts. 
Cook  County  Courts 

Detailed  provisions  for.      (111.  VI  23  ct  scq.)  ' 

Creation,  See  below,  this  title,  Establishment. 
Costs  and  Fees 

In  a  particular  class  of  courts,  See  throughout  this  title. 
Default  in  payment  discharged  by  labor,  See  Convict  Labor. 
Person   not   compelled  to  pay   costs  before   conviction   on   final   trial. 

(Fla.  D.R.  14;  Ga.  I  Sec.  I  10.) 
Xo  man  compelled  to  pay  costs,  jail  fees  or  necessary  witness's  fees 

unless  found  guilty.      (X.C.  I  11.) 
In   no  case  shall  accused,  before  final  judgment,  be  compelled  to  ad- 
vance money   or   fees  to  secure  rights  guaranteed  by   constitution. 
(Ariz.   II   21;   Utah  I    12;   Wash.  I  22.) 
Defendants  in  cases  of  conviction  may  be  taxed  with  costs.      (Miss. 

XIV  261.) 
In  criminal  casi  >  prosecuted  in  name  of  state  when  defendant  is  in- 
solvent  or  discharged,  costs  and  expenses,  including  fees  of  officers, 
-  11  he  p'aid  1a  counties  where  crime  is  committed,  under  regula- 
ii.:i-  prescribed  by  law ;  hut  fines  and  forfeitures  collected  under 
penal  laws  of  state  to  be  paid  into  county  treasury  as  general 
county    fund    to    be    applied    to    legal    costs    and    expenses.      (Fla. 

XVI    9.) 


Index  Digest  305 


COURTS    {Cont'd) 

Costs  and  Fees   (Cont'd) 

Expenses  of  criminal  prosecutions,  except  those  before  justices  of  the 
peace,  to  be  borne  by  county  in  which  prosecution  begun,  and  all 
net  fines  and  forfeitures  to  be  paid  into  treasury  of  such  county. 

(Miss.  XIV  261.) 
Expenses  incurred  by  counties  in  investigating  and  prosecuting  brib- 
ery of  or  receiving  bribes  by  any  person  holding  office  under  laws 
of  state  shall  be  charged  against  state  and  their  payment  by  state 
to  be  provided  by  law.  (N.Y.  XIII  6.) 
Legislature  to  impose  tax  on  all  civil  suits  in  inferior  courts;  to 
constitute   fund  toward   payment   of   salary  of  judges.      (Wis.  VII 

18.) 
Legislature   to   provide   by    law   that   upon   institution   of   each   civil 
action   and  other   proceedings   and  upon   perfecting  each   appeal   in 
civil  action  or  proceeding  in  courts  of  record,  a  special  fee  or  tax  Vie 
paid  to  clerk   of   court,  to  be  accounted   for   by  clerk  and  to  con- 
stitute a   fund  toward   payment  of  compensation   of  judges   as  di- 
rected by  law.      (Xev.  VI    16.) 
From  time  to  time  judges  to  investigate  expenses,  costs  and  charges 
of    their    respective    courts   with    a    view    to    change    or    reduction 
thereof   and    report    result    of    investigation    to    legislature.      (Md. 

IV  9.) 
At  any  time  pending  action  for  debt  or  damages  defendant  may  bring 
into  court  money  for  discharging  same,  together  with  costs,  and 
plaintiff  not  accepting  same,  if  upon  final  decision  he  shall  not  re- 
cover greater  sum  than  so  paid  into  court,  shall  not  recover  any 
costs  accruing  after  such  payment  except  where  plaintiff  is  execu- 
tor or  administrator.  (Del.  IV  25.) 
Xo  costs  awarded  against  party  because  suit  brought  in  county  other 
than  that  in  which  defendant  may  reside  at  time  of  bringing  suit. 

(Del.  IV  10.) 
Legislature  not  to  enact  law  not  applicable  to  all  counties,  regulat- 
ing costs  and  charges  of  courts    (provision  not  applicable  to   Jef- 
ferson  county).      (Ala.    IV    06,   Amend.    1912.) 
Counsel,  Right  to 

Suitors    may    prosecute    or    defend    cases    personally    or    by    counsel. 

(Mich.  II   12;   Wis.  VII  20.) 

All  persons  have  right,  in  civil  cases,  to  prosecute  or  defend  in  person 

or  by  counsel.        (Ala.  I    10;    Ga.  I   Sec.  I  4;   Miss.  Ill  25;    Utah 

I   11.1 

Accused   to  have   assistance  of   in   his   defense.      (Ala.   I   6;    Ariz.   II 

24;   Ark.  II   10;   Cal.  I   13;   Colo.  II   16:  Conn.  I  0:   Del.  1  7:    Fla. 

D.R.  11;  Ga.  I  Sec.  I  5;  Ida.  I  13;  Ind.  I  13;  111.  II  9;   Iowa  I  10: 

Kan.   R.R.    10;    Ky.    11;    Me.   I    6;    Md.   D.R.   21;    Mass.    Pt.   I    12: 

Mich.  IT   10;   Minn.  I  6:   Miss.  Ill  26:   Mo.  II  22;   Mont.   Ill    16: 

Xebr.  I  11;  Xev.  I  8;  X.TI.  I  15:   X.J.  I  8;  X.M.  II  14:  X.Y.  I  6: 

X.C.  I  11;  X.D.  I  13;  Ohio  I  10;  Okla.  II  20;   Ore.  I  11;  Fa.  I  9 : 

R.I.  I  10:  S.C.  I  IS;  S.D.  VI  7;  Tenn.  I  9;  Tex.  I  10:  Utah  I  12; 

Wash.  I  22;  W.Va.  Ill  14;  Wis.  I  7:  Wyo.  I  10.) 


306  State  Constitutions 

COURTS    (Cont'd) 

Counsel,  Right  to   (Cont'd) 

Any  person  has  right  to  be  heard  by  in  criminal  cases.      (Vt.  I  10.) 
Accused  to  have  "  such  reasonable  assistance  "  of  in  prosecuting  an 

appeal,  as  may  be  necessary.      (Mich.  II   19.) 
Accused    to    have    opportunity    to    be    present    in    person    and    with 

counsel  at  taking  of  deposition.      (Ohio  1  10.) 
Accused  to  have  right  to  appear  in  person  and  by  counsel  in  taking 
depositions   of   witnesses;    if   he    has   no   counsel    judge   to   assign 
him  one  in  that  behalf  only.      (Colo.  II  17.) 
In  capital  cases  accused  has  right  to  see  counsel  at  proper  seasons. 

(Del.  I  12.) 
County    Courts 

Under  this  subhead  are  included  all  courts,  inferior  to  general  trial 
courts  and  called  in  the  constitution  "county  courts".  For  ex- 
planation  of   term    "  general   trial  courts  ",  See  below,   this   title, 

General  Trial  Courts. 
See  also  above,  this  title,  Common  Pleas,  Courts  of. 
Abolishment 

Legislature  may  abolish.      (Fla.  V  18.) 
Administration  of  County  Affairs,  See  Counties. 
Appeals  from 

Appeals  and  writs  of  error  to  be  allowed  from  final  determina- 
tion  as   provided   by   law.      (111.   VI    19.) 
In   cases   and   under   regulations   prescribed   by   law.      (N.D.   IV 

114.) 
Appeals  to 

See   below,   this  subdivision,  Jurisdiction. 
Sec  below,  this  subdivision,  Procedure. 
Character 

Court  of  record,     (Colo.  VI  23 ;  111.  VI  18;  Mo.  VI  36;  Nebr.  VI 
16;  N.D.  IV  110;  Okla.  VII  11;  S.D.  V  20;  Tex.  V  15.) 
Chief  Justice,  See  below,  this  subdivision,  Judges. 
Clerks 

See  also  above,  this  title,  Clerks. 
Bond 

As  prescribed  by  law.      (Ky.  103.) 
Compensation 

As   prescribed   by   law.      (111.   VI   32;    W.Va.   VIII  26.) 
I'.\    salary  as   provided  by  law;   not  to  exceed   75  per  cent, 
of  fees;   payable  out  of  state  treasury.      (Ky.   103,  106.) 
Puties 

As  provide^  by  law.  (111.  VI  32;  W.Va.  VIII  26.) 
I  util  otherwise  provided  by  law,  exercise  power  and  dis- 
tribute duties  heretofore  conferred  on  any  court  or  tri- 
bunal established  for  police  and  fiscal  purposes  under  sec- 
tion 31  of  article  VIII  of  constitution  of  1872;  clerk  of 
such  court  or  tribunal  respectively  to  record  and  preserve 
deeds  and  other  papers  presented  for  record;    matters  of 


Index  Digest  307 


COURTS    (Cont'd) 

County  Courts   (Cont'd) 
Clerks   (Cont'd) 

Duties    (Cont'd) 

probate;  appointment  and  qualification  of  personal  repre- 
sentatives,  guardians,   committees,   curators   and   the   set- 
tlement of  their  accounts  and  in  matters  relating  to  ap- 
prentices.     (W.Va.  \III  24.) 
How  Selected 

Elected.      (111.  VI  18 j  Ky.  99;  W.Va.  VIII  26.) 
Elected  by   voters   of   county.      (W.Va.   VIII   26.) 
Elected   in  counties  over   15,000.      (Ark.  VII   19.) 
Clerk   of   general   trial   court   acts   in   counties   of   less  than 

15,000.      (Ark.  VII    19.) 
Clerk  of  general  trial  court  in  county  acts.      (iS.D.  V  32.) 
Nximber 

One  for  each  county.      (Ky.  99.) 

One  for  each  county,  but  legislature  may  create  districts  of 
two  or  more  contiguous  counties,   each  of  which  to  have 

one  clerk.      (111.  VI  18.) 
Qualifications 

Citizen  of  state;  21  years  of  age;  resident  two  years  in 
state  and  one  year  next  preceding  election  in  county  and 
district  in  which  candidate;  procured  from  judge  of 
highest  court  or  of  general  trial  court  certificate  that  he 
has  been  examined  "  by  the  clerk  of  his  court  under  hie 
supervision  "  and  he  is  qualified  for  office  for  which  can- 
didate. (Ky.  100.) 
Removal 

As  provided  by  law.      (W.Va.  VIII  26.) 

By  judges  of  district  or  general  trial  court  for  incompetency, 
official  misconduct,  habitual  drunkenness,  other  causes 
defined  by  law;  cause  set  forth  in  writing  and  finding  of 
its  truth  by  jury.  (Tex.  V  24.) 
By  highest  court  upon  information  and  good  cause  shown ; 
two-thirds   of   members   present   must   concur   in   sentence. 

(Ky.   124.) 
To  be  removed  on  prosecution  and  final  conviction  for  mis- 
demeanor in  office.      (111.  VI  IS,  30.) 
Residence 

In  county  for  which  elected.      (111.  VI   IS,  32.) 
Term  of  Office 

Four  years  and  until  successor  qualified.      (111.  VI   IS,  32; 

Ky.    99.) 
Six   years.      (W.Va.    VIII    26.) 
Vacancies 

Filled    by    appointment    of    county    court;    appointee    serves 

until  next   election.      (W.Va.  VIII   30.) 
Filled   by   election,    if   unexpired   term    does   not    exceed    one 
year,  to  be  filled* by  appointment  of  judge.      (111.  VI  18, 

32.) 


308  State  Constitutions 


COURTS    (Cont'd) 

County  Courts   ( Cont'd  i 

Establishment,  See  below,  this  title,  Establishment. 
Judges 

See  <<lso  below,  this  title,  Judges. 
Ad  Litem   Appointees 

If  judge  is  disqualified  in  any  ca.se,  judge  pro  tempore  se- 
lected in  same  manner  as  like  case  in  general  trial  court. 

(Okia.  VII  12.) 
If  judge  disqualified  parties  interested  may,  by  consent,  ap- 
point  proper  person  to  try  case,   or  upon  their   failure  to 
do  so,  competent  person  may  be  appointed  to  try  same  in 
county     where    pending,    in    manner    prescribed    by.    law. 

(Tex.  V    1G.) 
If  judge  disqualified,  to  certify  facts  to  governor;  governor 
to  commission  special  judge  to  preside  during  disqualifica- 
tion.     (Ark.  VII  36.) 
If   judge   disqualified,    parties   may    agree  upon    attorney-at- 
law,   who   shall   be  judge  ad  litem   and   shall  preside  over 
the   trial   and  make  orders   as  if  he   were   judge;    parties, 
however,   may   transfer   cause  to   another   county   court   or 
have  case  submitted  to  referee.      ( Fla.  V  19.) 
In    absence    of    county    judge    majority    of   justices  of   peace 
may  constitute  the  court;  these  to  elect  one  of  their  num- 
ber to  preside;   legislature  to  regulate  by   law  manner  of 
compelling  attendance   of   quorum.      (Ark.   VII    30.) 
Legislature    may.    on    application    of    board    of    supervisors, 
provide  for  election  of  local  officers  not  to  exceed  two  in 
any   county   to   discharge   duties   of  judge   in   case   of   ina- 
bility   or   vacancy    and    in   other   cases   prescribed   by    law, 
and    to    exercise    other    powers    in    special    cases    as    pre- 
scribed  by   law.      (X.Y.   VI    16.) 

Bonds 

Before  entering  upon  duties  of  office  and  as  often  thereafter 
as  may  be  deemed  proper,  shall  <^ive  such  bond  and  secu- 
rity as  may  be  prescribed  by   law.      (Ivy.    103.) 

Chief  Justice 

President  elected  annually  by  judges  from  their  number. 
To   be   conservator   of   peace   throughout    county.      (W.Va. 

\  III  23;   IX  7.) 
Commissions 

Shall   be  commissioned   by  governor.      (  Ky.    140.) 

( 'ompensation 

Amount  as  provided  by  law.      (Ark.  VII   37;    Ky.   140;   X.Y. 

VI    14;    X.J).    IV    111;    111.   VI    IS,   32.) 
Xo  salary  shall  be  j  aid  to  any  county  judge.      (Xebr.  VI  14.) 
Two    dollars    pgr    day    for    his    services    in    eourt.      (W.Va. 

VIII   23.) 


Index  Digest  309 


COURTS    (Cont'd) 

County  Covkts   (Cont'd) 
Judges    (Cont'd) 

Compensation    ( Cont'd ) 

Such   salary   or   compensation,   either   from    fees   and    emolu- 
ments of  office,  or   from  general  county   fund,  as  shall   be 
provided  by  law.      (Colo.  VI  22.) 
Until   otherwise   provided   by   law,   compensation   of   probate 
judge   under   laws   of   territory   to   devolve    upon    judge   of 
county    court,    provided    that    judges    of    counties    having 
population  over  20,000  paid  salary  of  $2.00(1;   of  counties 
over  30,000,  $2,500;   of  counties  over  40,000.  $3,000;   such 
salaries   payable   in    same   manner   as   provided   by    law    in 
force  in  territory  for  payment  of  salaries  of  county  attor- 
neys.     (Okla.    Sched.    IS.) 
Fees   and   perquisites   as  provided  by   law.      (Tex.   V    15.) 
Fees    and    perquisites    prohibited,    except    may    receive    such 
fees  as  may  be  allowed  under  land  laws  of  United  States. 

(S.D.  V  30.) 
Increase    or    decrease    prohibited    during    term    for    which 

elected.      (N.Y.  VI  15.) 
Payable    out    of    county    treasury.      (N.Y.    VI     14;     W.Va. 

VIII   23.) 
Conservators  of  Peace 

To  be.      (Ky.   140;   Tex.  V   15.) 
Dual  Office  Holding 

Cannot   be    justice   of   peace.      (W.Va.   VIII   30.) 
Duties 

As  provided  by  law.      (111.  VI  18,  32;  N.Y.  VI  14.) 
Election,  Time  of 

At  general  election.      (Colo.  VI  22.) 
At  each  biennial  general  election.      (Okla.  VII   11.) 
First  Tuesday  after  first  Monday  in  November.      (111.  X  S.) 
At   general   election    next   preceding   time   of   termination    of 
term,  but  no  office  vacated  thereby,  but  incumbent  to  hold 
over    until    successor    elected    and   qualified.      (Nebr.    XVI 

13.) 
Additional  judges  in  Kings  county  elected  at  general  elec- 
tion in  first  odd  numbered  year  after  adoption  of  pro- 
vision (1913)  ;  additional  judges  for  other  counties  whose 
office  created  by  legislature  elected  at  general  election 
held   in   first   odd   numbered   year   after   creation   of   office. 

(N.Y.  VI  14.) 
As  provided   by  law.      (S.D.  V  20.) 

Legislature  may  provide  for  election  on  different  day  from 
that  on  which  election  is  held  for  any  other  purpose,  and 
for  that  purpose  may  extend  or  abridge  term  of  office  of 
any  such  officers  then  bedding,  but  not  in  any  case  more 
than  six  months.      (Colo.  VI  15;  S.D.  V  26.) 


310  S  I       stitui  - 

COURTS      (       • 

\  J  J     COTJB  '  I'd 

Judges    [Cont'd) 
Ho      -        led 

ted  in  each  county.      I  Ark.  VII  29;  Ky.  99;   111.  VI  18, 
X   <>:   X.V.  VI   14:   NT.D.   IV   110;  Okla.  VII   11;    SJ).  V  19; 
1.x.   V    15;    W.Va.   XIII    23.  j 
■t«-d  in  each  organized  county.      (Colo.  VI  22;  Xebr.  VI 

15.) 

|  -  -•  oi   more  judges,  not  exceeding  three, 

probate  judge  may  he  one,  as  prescribed  by  law. 

[Mo.  VI  36.) 
-  •"  counties;  no  two  of  the  three  elected 
from  same  magisterial  district;  if  two  resided  in  same 
district  receive  the  greater  number  of  votes,  then  only 
one  receiving  highest  number  shall  be  elected  and  person 
in  another  d.  .  ing  next  highest  number  elected. 

I  W.Va.  VIII   23.) 

nty  judge  to  be  judge  of  county  court.     (Fla.  V  18.) 

Ejislature  may,  on  application  of  board  of  supervisors,  pro- 

vi  tion  of  local  officers  not  to  exceed  two  in  any 

inty  to  discharge  duties  of  judge  in  case  of  inability  or 

vacancy    and    in    other   cases    prescribed   by   law,    and   to 

■  :  s   in   special   cases    as   prescribed   by 

law.      (X.V.   VI    16.) 

Number 

h  county.      (Colo.  VI  22:  Ky.  140:  Xehr.  VI  15; 

X.D.   IV   110;   8.D.  V   19:  Tex.  V     j 

One  for  each  county,  but  legislature  may  create  districts  of 

two  or  more  contiguous  counties  in  each  of  which  shall 

ted  one  judge,     i  111.  VI  18.) 

One  for  ea<h  county,  except  in  cases  provided  in   constitu- 

:k.  VII  28 
One  or  more  judges,  not  exceeding  three,  of  whom  probate 

jn  !1  be  oi  '   .  VI  3-' 

Three  in  each  court.      'W.Va.  VIII  22.^ 

h>n  legislature  provides  for  township 
organization  in  county:  question  of  township  organization 
to  be  referred  to  electors.      I  Mo.   IX  8.) 
Existing  ffiee   till   expiration   of   term;    in 

K :•  .-        :nry  to  )>e  four  judges;   number  in   any  county 
may   be    i  1    from    time    to    time    by    legislature   to 

-    -h   number   that   total   in   one  county   shall    not   exceed 

or  major  fraction  thereof  of  popula- 
tion of  county.      (X.Y.  VI  14.) 
Poircr  to  Aei   in  'our/.? 

May  hold  .  rts  in  any  other  county  when  requested 

by  judge     -    -  ich  other  county.       X.Y.  VI   14.) 
Prohibitions  on  Praci  f.atr 

In   a   county  having  a   population   exceeding    120.000,   shall 
not    practice   as    attorney   or   counsellor   in   any   court   of 


l.xi'Kx  Digest  3]  1 


COURTS    (Confd) 

Count*  Cotjbts  (Cont'd) 
Judges    [Cont'd) 

Prohibitions  on  Practice  of  Lav    [Cont'd) 

record   in   this  state  or   act   as   referee;   legislature  may 
impose  a  similar  prohibition  on  judges  of  courts  in  other 

counties        \  Y.  VI   20.) 
shall  not  act   as   attorney  or  counsellor-at-law  in  any 
which  is  or  may  be  brought  into  his  court,  or  which  may 
be  appealed  therefrom,     t  s.I).  V  31.) 

Qualifications 

Ace:    at    least    24   years.      (Ky.    loo. 

\^o:    at   least   25   year-.      i  Ark.  V1T   29;    S.D.   V   2." 
Attorney  admitted  to  practice   in  court   <<i  record  of  state. 

(Okla.  VII  11.) 
Attorney  admitted  to  practice  in  state,  except  in  county  of 

Hamilton.      i  N'.Y.   VI    20.] 
Character  to  be  upright.      (Ark.  Vll  2:>. 
Citizen  of  state.      (Ky.  10< 

Citizen  oi  United  States.     (Ark.  VII  2;>:  s.n.  V  25.) 
Good  business  education.     (Ark.  YU  2!>A 
Must  l>o  learned  in  law.     (SJX  V  25.) 
Well  informed  in  the  law  of  the  state.      (Tex.  Y   15.) 
Mu>t   he  qualified  voter.      |  Okla.  VII    11.) 
Resided  in  county  at  time  of  ejection.     (Okla.  VII  11.) 
Resided  in  state  one  year  next   preceding  election;   resident 

of  district  for  which  elected,     i  S.D.  Y  25.) 
Resided  in  >;ate  two  years:   one  year  next   preceding  election 
in  county  and  district   in  which  he  is  a  candidate,      i  Ky. 

loo.) 
Resided    in    state   two   years;    resided    in   county   at    time  of 

election,  i  Ark.  Yll  29.) 
Where  jurisdiction  of  court  is  more  than  court  of  probate 
and  over  civil  matters  under  $1,000,  and  criminal  matters 
less  than  felony,  qualifications  same  as  judge  of  district 
court.  |  Twenty-five  year-:  United  States  citizen:  two 
years  resident   of  state  next   preceding  election:    elector  of 

district.  \  D.  1Y  111.) 

Quorum 

Two   (out  of  three).     (W.Va.  \  III  22.) 

Femoral 

By  judge  of  general  trial  court  for  incompetency,  official 
misconduct,  habitual  drunkenness  or  other  causes  defined 
by  law.  upon  cause  thereof  set  forth  in  writing  and  finding 
of  its  truth  by  jury.      (Tex.  Y  24.) 

Tower  to  indict  or  prosecute  for  misdemeanor  or  malfeasance 
in  office  or  willful  neglect  in  discharge  oi  official  duties  in 
such  mode  as  may  he  prescribed  by  law;  upon  conviction 
office  vacated,  hut  right  of  appeal  to  highest  court.     (Ky. 

227 


312  State  Constitutions 

COURTS    (Cont'd) 

County  Courts   (Cont'd) 
Judges    (Cont'd) 
Residence 

In   county  for  which  elected.      (Ark.  VII   29;    Colo.  VI  29; 

111.  VI  18.  32;  Nebr.  VI  20;   S.D.  V  19,  37.) 
Office   vacated   by    removal    from    county    in   which   elected. 

(Ky.  140.) 
Retirement  on  Account  of  Age 

On    last    day    of    December    next    after    he    shall    reach    70 
years  of  age.      (N.Y.  VI   15.) 
Term   of   Office 

Two  years.      (Ark.  VII  29;  N.D.  IV  100;   Okla.  VII   11.) 
Two  years,  until  otherwise  prescribed  by  law.      (S.D.  V  19.) 
Two  years  and  until  successors  elected  and  qualified.     (Tex. 

V  15.) 
Two  years  from  first  Thursday  after  first  Tuesday  in  Janu- 
ary after  election,   and  until  successor  qualified.      (Nebr. 

VI  16,  20,  XVI  14.) 
Four  years.      (Colo.  VI  22.) 

Four  years   from  first  Monday   of  December   after  election 

and  until  successor  is  elected  and  qualified.      (111.  X  8.) 

Four  years  from  first  Monday  in  January  after  election,  and 

until  successors  are  elected  and  qualified.  (Ky.  99.) 
Six  years  from  January  1st  after  election.  (N.Y.  VI  14.) 
Six  years;  at  first  meeting  designate  by  lot  or  otherwise  in 
such  manner  as  they  may  determine,  one  of  their  number 
to  hold  office  for  two  years,  one  for  four,  and  one  for  six 
years  so  that  one  shall  be  elected  every  two  years.     (W.Va. 

VIII  23.) 
Vacancies 

Filled  by  appointment  by  governor  until  next  general  elec- 
tion.     (S.D.  V  37.) 
To  be  filled  by  election  but  if  unexpired  term  does  not  exceed 

one  year  by  appointment  by  governor.     (111.  VI  IS,  32.) 
To  be  tilled  by  special  election  unless  occurring  six  months 
before  next  general   election   when   filled   by   appointment 
by  governor.      (Ark.  VII  29,  50.) 
Filled  by  board    of   county   commissioners   of   county  where 

occurring.      (Colo.  VI  29.) 
Filled  by   appointment   of   commissioners'    court   until   next 

general  election  for  such  officers.      (Tex.  V  28.) 
Filled   by   appointment   of   county   court:    appointee    serves 

until   next  election.      (W.Va.  VIII  30.) 
To  be  filled  by  election,  if  unexpired  term  does  not  exceed 
one  year   may   be  filled  by   appointment   as   provided   by 

legislature.      (Nebr.  VI  21.) 

Filled  in  same  manner  as  like  vacancy  occurring  in  general 

trial    court    (i.    p..    appointed    by    governor    by    and    with 

consent    of    senate    until    vacancy    can    be    filled    for    full 


Imikx  Digest  313 


COURTS    (Cont'd) 

County  Courts   (Cont'd) 
Judges    (Cont'd) 

Vacancies    (Cont'd) 

term  by  election  at  next  general  election  held  not  less 
than  three  months  after  vacancy  occurs.  Person  appointed 
holds  until  December  31st  after  election  of  successor; 
governor   appoints   if  senate  not  in   session).      (N.Y.  VI 

15.) 
Legislature  may,  on  application  of  board  of  supervisors, 
provide  for  election  of  local  officers  not  to  exceed  two  in 
any  county  to  discharge  duties  of  judge  in  case  of  vacancy 
and  in  other  cases  prescribed  by  law,  and  to  exercise  other 
powers  in  special  cases  as  prescribed  by  law.      (N.Y.  VI 

16.) 
Writs,  Power  to  Issue 

See  also  below,  this  subdivision.  Writs,  Power  to  Issue. 
Injunction,  mandamus  and  all  other  writs  necessary  to  the 
enforcement  of  the  jurisdiction  of  the  court.     (Tex.  V  16.) 
Habeas  corpus   under   such  regulations  and   restrictions   as 

shall  be  provided  by  law.  (Ark.  VII  37.) 
Habeas  corpus  in  cases  where  offense  charged  is  within 
jurisdiction  of  county  court  or  of  any  other  court  or 
tribunal  inferior  to  said  court.  (Tex.  V  16.) 
In  absence  of  judge  of  general  trial  court,  may  issue  orders 
for  injunctions  and  other  provisional  writs  in  counties, 
returnable  to  court  having  jurisdiction;  either  party  may 
have  order  reviewed  by  superior  judge  in  vacation  in  man- 
ner provided  by  law.      (Ark.  VII  37.) 

Jurisdiction 
In  General 

Such  as  they  now  possess.      (X.Y.  VI  14.) 

To  transact  all  county  and  such  other  business  as  prescribed 

by  law.      (Mo.  VI  36.) 

Uniform  throughout  state;  regulated  by  law;  until  changed 
same  as  now  vested  in  county  courts  by  law.      (Ky.  141.) 

Legislature  power  by  local  or  general  law  to  increase  or 
diminish  or  change  civil  and  criminal;  in  cases  of  change 
of,  legislature  to  conform  jurisdiction   of  other  courts  to 

such  change.     (Tex.  V  22.) 

Legislature  upon  application  of  any  county  may  reform, 
alter  or  modify  county  court  and  in  lieu  thereof,  with 
consent  of  majority  of  voters,  voting  at  an  election, 
create  another  tribunal  for  the  transaction  of  business 
required  to  be  performed  by  county  court  created  by  this 
article  and  in  such  case  provisions  of  article  in  relation 
to  county  court  shall  be  applicable,  and  such  tribunals 
when  established  shall  continue  to  act  in  lieu  of  county 
court  until  otherwise  provided  by  law.      (W.Va.  VII]  29.) 


314  State  Coxstiti'tions 

COURTS    [Cont'd) 

County  Courts   (Cont'd) 
Jurisdiction    {Cont'd) 
Appellate 

From  justices"  courts  in  civil  and  criminal  cases  as  provided 
bv   law   or  constitution   until   otherwise  provided  by  law. 

(Okla.  VII  12,  14.) 

From  justices"  courts;  in  civil  and  criminal  cases,  in  civil 
cases  judgment  appealed  from  to  exceed  $20  exclusive  of 

costs.      (Tex.  V  16.) 

From   justices'   courts.      (Via.   V   18.) 
Original 

Exclusive  original  jurisdiction  in  all  matters  relating  to 
county  taxes,  roads,  bridges,  ferries,  paupers,  bastardy, 
vagrants,  apprenticeship  of  minors,  disbursement  of  money 
for  county  purposes,  and  in  every  other  case  that  may 
be  necessary  to  internal  improvement  and  local  concerns 
of  respective  counties.      (Ark.  VII  28.) 

To  have  original  jurisdiction  in  all  matters  of  probate, 
settlement  of  estates  of  deceased  persons,  appointment  of 
guardians,  conservators  and  administrators,  and  settle- 
ment of  their  accounts,  and  such  other  civil  and  criminal 
jurisdiction  as  may  be  conferred  by  law;  not  to  have 
jurisdiction  in  any  case  where  debt,  damage  or  claim  or 
value  of  property  involved  exceeds  $2,000,  except  in  cases 
relating  to  estates  of  deceased  persons.      (Colo.  VI  23.) 

To  have  jurisdiction  of  all  cases  at  law  in  which  demand  or 
value  of  property  involved  shall  not  exceed  $500;  of 
proceedings  relating  to  forcible  entry  or  unlawful  deten- 
tion of  lands  and  tenements,  and  of  misdemeanors;  they 
shall  have  no  criminal  jurisdiction  in  counties  where 
criminal  courts  are  established.      (Fla.  V  18,  20.) 

Probate,  settlement  of  estates  of  deceased  persons,  appoint- 
ment of  guardians  and  conservators,  settlement  of  their 
accounts,  apfuentices,  collection  of  taxes  and  assessments'; 
such  other  as  provided  by  law.      (111.  VI   IS.) 

To  have  original  jurisdiction  in  all  matters  of  probate, 
settlements  of  estates  of  deceased  persons,  appointment 
of  guardians  and  settlement  of  their  accounts;  in  all 
matters  relating  to  apprentices  and  such  other  jurisdic- 
tion as  may  be  given  by  general  law;  to  have  no  jurisdic- 
tion in  criminal  cases  in  which  punishment  may  exceed 
six  months'  imprisonment  or  fine  of  over  $500  nor  in 
actions  in  which  title  to  real  estate  sought  to  be  recov- 
ered or  may  be  drawn  in  question;  nor  in  actions  on 
mortgages  or  contracts  for  conveyance  of  real  estate; 
nor  in  civil  actions  where  debt  or  sum  claimed  shall 
exceed  $1,000.      (Xebr.   VI   16.) 

Actions  for  recovery  of  money  only  where  defendants  reside 
in  county  and  in  which  complaint  demands  judgment  for 
not  over  $2,000.     Legislature  may  enlarge  or  restrict,  but 


Indtcx  Digest  : >  1  -"» 


COURTS    (Cont'd) 

County  Courts    (Cont'd) 
Jurisdiction    (Cont'd) 
Original    (Cont'd) 

not  so  as  to  authorize  actions  for  recoverj  of  money  only 
in  which  demand  exceeds  $2,000  or  in  which  defendanl 
does  not  reside  in  county;  all  of  court  of  sessions,  excepl 
in  New  York  county;  court  of  sessions  abolished  excepl 
in  New  York  county.      (NY.  VI   14.) 

To  have  exclusive  original  jurisdiction  in  probate  and  testa- 
mentary matters,  appointment  of  administrators  and 
guardians,  settlement  of  accounts  of  executors,  administra- 
tors  and  guardians,  sale  of  lands  by  same,  and  such  other 
probate  jurisdiction  as  may  be  conferred  bj  law.  Whenever 
voters  of  any  county  having  population  of  2,000  or  over, 
decide  by  majority  vote"  to  increase  jurisdiction,  county 
court  shall  have  concurrent  jurisdiction  with  district  courts 
in  all  civil  actions  where  amount  does  not  exceed  $1,000,  and 
in  all  criminal  actions  below  grade  of  felony  and  jurisdic- 
tion of  magistrates'  courts  in  cases  of  misdemeanors 
arising  under  state  laws  to  cease;  in  case  of  such  increase, 
jurisdiction  as  thus  increased  to  remain  until  otherwise 
provided  by  law.  Legislature  may  confer  jurisdiction  of 
justice's  court  upon  county  courts  if  it  abolishes  offices  of 
justices  of  peace.      (N.I).  IV   111,  112.) 

To  have  original  jurisdiction  in  all  pTobate  matters  and 
until  otherwise  provided  by  law.  shall  have  concurrent 
jurisdiction  with  district  court  in  civil  cases  in  any 
amount  not  exceeding  $1,000  exclusive  of  interest;  not  to 
have  jurisdiction  in  any  action  for  malicious  prosecution 
or  divorce,  alimony,  against  officers  for  misconduct  in 
office,  for  slander  or  libel,  for  specific  performance  of 
contracts  for  sale  of  real  estate  or  in  any  matter  wherein 
title  or  boundaries  of  land  may  be  in  dispute  or  called 
in  question;  nor  to  order  or  decree  partition  or  sale  of 
real  estate  not  arising  under  its  probate  jurisdiction;  con- 
current jurisdiction  with  justices  of  peace  in  misdemeanor 
cases,  and  exclusive'  jurisdiction  in  all  misdemeanor  ca 
where  justices  of  peace  have  no  jurisdiction;  to  have 
general  jurisdiction  of  a  probate  court  to  probate  wills, 
appoint  guardians  of  minors,  idiots,  lunatics,  persons 
non  compos  mentis  and  common  drunkards;  grant  letters 
testamentary  and  of  administration,  settle  accounts  of 
executors,  administrators  and  guardians,  transact  all 
business  of  minors,  idiots,  lunatics,  persons  non  compos 
mentis  and  common  drunkards,  including  sale,  settlement. 
partition  and  distribution  of  estates:  duties  of  probate 
judge,  upon  organization  of  state,  to  devolve  upon  judge 
of  county  court;  jurisdiction  of  examining  and  committing 
magistrates  in  all  criminal  cases.      (Okla.  VII  12,  13,  17, 

Schcd.   18.) 


316  State  Constitutions 

COURTS    (Cont'd) 

County  Courts   (Cont'd) 
'  Jurisdiction    [Cont'd) 
Original    (Cont'd) 

To  have  original  jurisdiction  in  all  matters  of  probate, 
guardianship  and  settlements  of  estates  of  deceased  per- 
sons and  such  other  civil  and  criminal  jurisdiction  as 
may  be  conferred  by  law;  not  to  have  jurisdiction  in 
any  case  where  death,  damage,  claim  or  value  of  property 
involved  shall  exceed  $1,000,  except  in  matters  of  pro- 
bate, guardianship  and  estates  of  deceased  persons;  nor 
in  cases  of  felony,  but  they  may  have  such  jurisdiction  in 
criminal  matters  not  of  grade  of  felony,  as  legislature 
may  prescribe.  (S.D.  V  20,  21.) 
To  have  original  jurisdiction  of  all  misdemeane  s  of  which 
exclusive  original  jurisdiction  is  not  given  to  justice's 
court,  when  fine  to  be  imposed  shall  exceed  $200;  exclu- 
sive jurisdiction  in  all  civil  cases  when  matter  of  con- 
troversy shall  exceed  $200  and  not  exceed  $500  exclusive 
of  interest;  concurrent  jurisdiction  with  district  court 
when  matter  in  controversy  shall  exceed  $500  and  not 
exceed  $1,000  exclusive  of  interest;  not  to  have  juris- 
diction in  suit  for  recovery  of  land.  To  have  general 
jurisdiction  of  a  probate  court  to  probate  wills,  appoint 
guardians  of  minors,  idiots,  lunatics,  persons  non  compos 
mentis  and  common  drunkards;  to  grant  letters  testa- 
mentary and  of  administration;  settle  accounts  of  execu- 
tors; transact  all  business  appertaining  to  estates  of 
deceased  persons,  minors,  idiots,  lunatics,  persons  non 
compos  mentis  and  common  drunkards,  including  settle- 
ment, partition  and  distribution  of  estates  of  deceased 
persons;  and  to  apprentice  minors  as  provided  by  law; 
not  to  have  criminal  jurisdiction  in  any  county  where 
there  is  a  criminal  district  court  unless  expressly  con- 
ferred by  law.  (Tex.  V  1(5.) 
To  have  jurisdiction  in  all  matters  of  probate,  appointment 
and  qualification  of  personal  representatives,  guardians, 
committees,  curators  and  settlement  of  their  accounts,  and 
in  all  matters  relating  to  apprentices.  (W.Va.  V11I  24.) 
Number 

One  in   each  county.      (  Ky.   140;    Mo.  VI   .3(5;   X.l).   IV   110;    Tex. 

V  15;  W.Va.  VIII  22.) 
One  in  each  organized  county.      (Colo.  VI  22;  S.D.  V  19.) 
Procedure 

Appeals  from   justices  of  peace  to  be  allowed  in  manner  provided 
by   law   for   territory   of   Oklahoma   for  appeals    from   justices' 
courts  to  district  courts.      (Okla.  VII  18.) 
Xcw  trial  allowed  on  appeals  from  justices  of  peace.     (Okla.  VII 

14;   Tex.  V  16.) 
New  trial  allowed  at  option  of  appellant  in  civil  cases  appealed 
from  justices  of  peace  court.     (Fla.  V  18.) 


\I»KX 


hn.K.sT  -"'IT 


COURTS    (Cont'd) 

County  Courts   {Cont'd) 
Procedure    (Cont'd) 

Provisions  to  be  made  by  courts  under  regulations  prescribed 
by  law  for  probate  of  wills  and  for  appointment  and  qualifica- 
tions of  personal  representatives,  guardians,  committees  and 
curators  during  recess  of  regular  sessions  of  court.      (W.Ya. 

VIII   24.) 
Quarterly  Courts,  See  below,  'this  title,  Quarterly  Courts. 
Time  and  Place  of  Holding 

As   now   prescribed    for   holding  higher   courts   until   otherwise 

prescribed  by  law.      (Ark.  VII  31.) 
To  be  open  at  all  times.      (NT).  IV  110.) 

County  seat;  legislature  may  provide  for  holding  sessions  at  not 
more  tban  two  additional  places  in  county;  alternate  sessions 
of  the  county  court  of   LaFlore  county  shall  be  held  at  Tali- 

hina.  (Okla.  VII  13.) 
As  provided  by  law.  until  otherwise  provided  judges  shall  fix 
time;  special  terms  may  be  held  under  regulations  prescribed 
by  law.  (S.D.  V  27,  28,  33.) 
At  least  four  for  both  civil  and  criminal  business  as  may  be 
provided  by  legislature  or  by  commissioners'  court  of  county 
under  authority  of  law  and  such  other  terms  as  may  be  fixed 
by  commissioners'  court;  if  commissioners'  court  lias  fixed 
times  and  number  of  terms  not  to  change  same  until  expira- 
tion of  one  year ;  at  least  one  term  every  two  months  for  civil 
and  one  term  every  month  for  criminal  business;  probate 
business  to  be  disposed  of  in  term  time  or  vacation  under  regu- 
lations prescribed  by  law;  terms  to  be  held,  until  otherwise 
provided,  on  first .  Mondays  in  February,  May,  August  and 
November,  and  may  remain  in  session  three  weeks.      (Tex.  V 

17,  29.) 

Four  regular   sessions  each  year  at  time  entered  on   record  by 

court;    provision   may    be   made   for   holding    special    sessions. 

(W.Ya.   \  III  22.) 

Transfer  of  Cases 

See  also  below,  this  title.  Trials  —  Change  of  Venue. 
If    judge    disqualified,    parties    may    transfer    cause    to    another 
county  court  or  have  case  submitted  to  referee.      (Fla.  V   10.) 

Uniformity  of  Provisions  Relating  to 

All  courts  of  the  same  class  or  grade  must  be  uniform  provided 
that  legislature  may  classify  county  courts  according  to  the 
population  of  the  respective  counties  and  fix  the  jurisdiction 
and  salary  of  the  judges  thereof  accordingly.      (S.I).  V  34.) 

Writs,  Power  to  Issue 

Injunction,    mandamus;    habeas    corpus    in    cases    where    offense 
charged    is    within    jurisdiction    of    the    county    court    or    any 
other  court  or  tribunal  inferior  to  said  court;  writ-  necessary 
to  enforce  jurisdiction.      (Okla.  VII  12;  Tex.  V  16.) 
As  to  power  of  judges,  See  above,  this  subdivision.  Judges, 


318  State  Constitutions 

COURTS    {Cont'd) 

County  Judge  (as  a  Court) 

In  Florida  the  legislature  may  organize  county  courts.  For  organi- 
zation and  jui isdiction  of  these  courts,  See  above,  tJtis  title, 
County  Courts.  The  subject  of  ttiis  subliead  is  an  inferior  court 
distinct  from  the  county  court. 
Judge  elected  by  qualified  electors  of  comity  at  time  and  place  of 
voting  for  other  county  officers;  to  hold  office  for  four  years; 
compensation  as  provided  by  law;  original  jurisdiction  in  all  cases 
at  law  where  demand  or  value  of  property  involved  does  not 
exceed  $100,  in  forcible  entry  and  detainer,  in  settlement  of  estates 
of  decedents  and  minors  and  other  jurisdiction  pertaining  to 
courts  of  probate;  such  criminal  jurisdiction  as  conferred  by  law; 
power   of   a   committing  magistrate,   and  to  issue   all   licenses   in 

county.      (Fla.  V  16,  17.) 
Criminal  Courts 

Subliead   covers   court    of    thai   name,    being   minor   criminal   courts. 
For  criminal  jurisdiction  of  other  courts,  See  throughout  this  title. 
Abolishment 

Legislature  may  abolish.     (Fla.  V  32.) 
Clerks 

Elected   by  electors  of   the   county  in   which   court   is   held   for 
term  of  four  years;  compensation  as  fixed  by  law;  to  be  clerk 
of  county  court.      (Fla.  V  30,  31.) 
Establishment,  See  below)  this  title,  Establishment. 
Judges 

One  for  each  court  appointed  by  governor  with  consent  of  senate 
for  terms  of  four  years;  must  be  at  least  20  years  of  age 
and  an  attorhey-at-Iaw;  compensation  $1,000,  payable  by 
county;  in  Escambia  county  $2,500,  may  be  increased  as  pro- 
vided by  law.  (Fla.  V  3,  24,  41.) 
Jurisdiction 

Concurrent  jurisdiction  with  general  trial  court  in  all  criminal 

cases  not  capital.      (Colo.  VI  24.) 
Original   in    all   cases   not   capital   in   their   respective   counties. 

(Fla.  V  25.) 

Courts  of  special  sessions  to  have  such  jurisdiction  of  offenses  of 

grade  of  misdemeanors  as  may  be  prescribed  by  law.      (N.Y. 

VI  23.) 
Special  Organization  for  Baltimore 

Detailed    provisions.       (vid.    IV    27    rt    seq.) 
Special  Organization  for  Cook  County 
Detailed  provisions.      (111.  VI  2G.) 
Special  Organization  for  Escambia  County 

Detailed   provisions.      (Fla.  V  30.) 
Special  Organization  for  New  Orleans 

Detailed  provisions.      (La.  140  et  scq.) 
Times  of  Holding 

Six  terms  per  annum.      (Fla.  V  25.) 
Terms  as  provided  by  law.     (Colo.  VI  24.) 


Index  Digest  310 


COURTS    (Cont'd) 
Decisions 

See  also  below,  this  title,  Judgments; 
Of  a  particular  class  of  courts,  Sec  throughout  this  title. 
Legislature   to   provide    for   speedy    publication    of    such    as   deemed 

expedient     (Wis.  VII  21.) 
Legislature  to  provide  for  speedy  publication  if  such  deemed  expedi- 
ent; to  be  free  for  publication  by  any  person.      (Mich.  V  39.) 
Legislature  to  regulate  reporting  of;    to  be   free  for  publication  by 

any  person.      (X.Y.  VI  21.) 

Shall   refer   to   law  by   virtue   of   which   every   definite   judgment    is 

rendered  and  in  every  case  shall  adduce  reasons  on  which  judgment 

founded.  (La.  91.) 
Power  to  declare  law  or  city  charters  or  amendments  thereto  adopted 
by  people  in  cities  acting  under  article  XX  of  constitution,  in 
violation  of  constitution  of  state  or  of  United  States,  confined  to 
highest  court;  decision  filed  with  clerk  of  highest  court  within 
10  days;  decision  not  binding  until  60  days  after  tiling;  if 
within  period  of  60  days  petition  signed  by  5  per  cent,  of  quali- 
fied electors  of  state,  or  in  case  of  charter,  or  amendment  thereto, 
by  5  per  cent,  of  qualified  electors  of  city  or  city  ami  county,  shall 
be  filed  with  secretary  of  state,  or,  in  case  of  city,  with  legislative 
body  of  said  city  or  city  and  county,  requesting  measure  to  be 
submitted  to  people,  measure  to  be  so  submitted;  if  law  approved 
by  majority  of  votes  cast  thereon  to  take  effect  from  and  after 
date  of  declaration  of  vote  thereon  by  proclamation  by  governor 
not  less  than  30  days  after  vote  canvassed ;  if  charter  or 
amendment  approved  by  majority  of  votes  cast  thereon,  to  take 
effect  from  and  after  date  of  declaration  id'  vote  thereon  by 
proclamation  of  legislative  body  of  city  or  city  and  county;  not 
less  than  30  days  after  vote  canvassed.  (Detailed  provisions  for 
petition,    time    of    election    and,    canvassing    of    vole,    character    of 

ballot,  etc.)  (Colo.  VI  1.) 
Equity  and  Law,  Distinction  Abolished,  See  above,  this  title.  Actions. 
Establishment 

Existing  Courts  Continued 

Highest  court    (court  of  appeals).      (X.Y.  VI  7.) 
Supreme  court    (general   trial   court).      (X.Y.  VI    1.) 
Surrogate  courts    (probate  courts) :      (X.Y.  YT  1.1.) 
County    courts.       (N.Y.    YT    14.) 

Criminal  district  court  of  Galveston  and  Harris  counties  to 
continue  with  district  jurisdiction  ami  organization  now  exist- 
ing by  law.  until  otherwise  provided  by  law.  (Tex.  \  1.) 
Probate  court  as  established  in  county  of  Charleston;  probate 
courts  in  all  counties  other  than  county  of  Charleston  in  all 
matters  testamentary  and  of  administration',  in  business  apper- 
taining to  minors  and  the  allotmenl  of  dower,  in  cases  of 
idiocy  and  lunacy,  and  persons  kon  cdtrtpos  mentis,  until  Legis- 
lature provides  otherwise.      (S.C.   V    10.) 


•  !2(>  State  Constitutions 

COURTS    (Cont'd) 

Establishment   (Cont'd) 

Existing  Courts  Continued  (Cont'd) 

Pulaski  chancery  court  to  continue  in  existence  till  abolished  by 
law  or  business  pending  at  adoption  of  constitution  disposed 
of    or    pending   business    transferred    to    other    courts.       (Ark. 

VII  44.) 
Such  inferior  courts  as  now  exist,  but  legislature  may  alter  or 

abolish.  (N.J.  VI  Sec.  fl.) 
In  every  city  of  second  class  (less  than  10,000  inhabitants) 
corporation  court  existing  at  time  constitution  goes  into  effect 
to  continue  under  name  of  corporation  court ;  may  be  abolished 
by  majority  vote  and  will  be  abolished  if  judge  is  paid  less 
than  $800  and  vacancy  not  filled  for  90  consecutive  days; 
to  have  concurrent  jurisdiction  with  circuit  court  of  county 
in  all  actions  at  law  and  suits  in  equity.  (Va.  VI  98.) 
All  courts  of  limited  jurisdiction  heretofore  established  in  any 
county,  incorporated  city,  town  or  village,  until  otherwise  pro- 
vided by  law;  municipal  court  of  Wheeling,  until  otherwise 
provided  by  law,  court  and  judges  to  exercise  powers  and 
jurisdiction  heretofore  conferred  on  them;  such  tribunals  as 
heretofore  establishes  under  thirty-fourth  section  of  eighth 
article  of  constitution  of  1872  for  police  and  fiscal  purposes, 
until  otherwise  provided  by  law;  such  courts  to  act  in  police 
and  fiscal  matters  in  lieu  of  the  county  court  created  by  con- 
stitution, until  otherwise  created  by  law.  (W.Va.  VIII  19,24.) 
By  Constitution 

See  also  above,   this  subdivision,   Existing  Courts  Continued. 
Appellate  Courts 

Intermediate  court  of  appeals.     (Cal.  VI  1;  Ga.  VI  Sec.  I  1: 

La.   84;   N.J.  VI  Sec.  I   1;   Ohio  IV   1.) 
Intermediate  court  of  appeals  for  civil   cases  only.      (Tex. 

V  I.) 
Intermediate    court    of    appeals    for    criminal    cases    only. 

(Tex,  VI.) 
Kansas  City  court  of  appeals.     (Mo.  VI  2  [Amend.]) 
St.  Louis  court  of  appeals.     (Mo.  VI  1.) 
Arbitration  Courts 

General  provision.      (Wyo.  V   1.) 
Chancery  Courts 

General  provision.      (Ala.  VI  139;  Del.  IV  1;   Miss.  VT  152; 

N.J.  VI  Sec.  T  1.) 
Comm issioners'  Courts 

General  provision.      (Tex.  V  1.) 
County  Courts 

General  provision.      (Ark.  VII   1;   Fla.  V  1;   Ky.   1.19.   140; 
111.  VI   1;  Mo.  VI  1;  Nebr.  VI  1;  N.D.  IV  85;  Okla.  VII 
1;    S.D.   V    1;    Tex.   V    1.) 
Corporation  Commission 

Has  powers  of  court  of  record  for  specified  purposes.     (Okla. 
|  IX  19;  Va.  XII  156c.) 


Index  Digest  k-V>\ 


COURTS  (Cont'd) 

Establishment  ( Cont'd) 

By  Constitution    (Cont'd) 
Criminal  Courts 

General  provision.      (Mo.  VI   1.) 
Court  of  general  sessions.      (Del.  IV  1.) 
Court  of  oyer  and  terminer.      (Del.  IV  1.) 
Criminal  court  for  Escambia  county.      (Fla.  V   24.) 
Fiscal  Courts 

General  provision.      (Ky.   144.) 
General  Trial  Courts 

General  provision.      (Ala.  VI  139;  Ariz.  VI  1;  Ark.  VII  1; 
Conn.  V  1;   Del.  IV  1;   Fla.  V  1;   Ga.  VI  Sec.  I   1;   Ida. 

V  2;  111.  VI  1;  Ind.  VII  1;  Iowa  V  1;  Kan.  Ill  1;  Ky. 
125;   La.  84;  Md.  IV  1;  Mich.  VII  1;  Minn.  VI   1;   Mis<. 

VI  152;  Mo.  VI  1;  Mont.  VIII  1;  Xebr.  VI  1:  Xev.  VI  1; 
X.J.  VI  Sec.  I  1;  X.M.  VI  1;  X.C.  IV  2;  X.D.  IV  85; 
Ohio  IV  1 ;  Okla.  VII  1 ;  Pa.  V  1 ;  S.D.  V  1 ;  Tex.  V  1 ; 
Utah  VIII  1;  Va.  VI  S7;  Wash.  IV  1;  W.Va.  VIII  1  ;  Wis. 

VII  2;  Wyo.  VI.) 
For  civil  cases  only.      (S.C.  VI.) 
For  criminal  cases  only.      (Fla.  V   1:    S.C.  V   1.) 
For   criminal   cases  only,   courts  of  oyer  and   terminer,   Gen- 
eral jail  delivery,  quarter  sessions.      (Pa.  V   1.) 
Highest  Court 

General  provision.  (Ala.  VI  139;  Ariz.  VI  1:  Ark.  VII  1 ; 
Cal.  VI  1 ;  Colo.  VI  1 ;  Conn.  V  1 ;  Del.  IV  1  ;  Fla.  V  1 ; 
Ga.  VI  Sec.  I  1;  Ida.  V  2;  111.  VI  1;  Ind.  VII  1  ;  Iowa  V 
1;  Kan.  Ill  1;  Ky.  109;  La.  84;  Me.  Vl'l;  Md.  IV  1; 
Mich.  VII  1;  Minn.  VI  1;  Miss.  VI  144;  Mo.  VI  1;  Mont. 
VIII  1 ;  Xebr.  VI  1 ;  Xev.  VI  1 ;  X..T.  VI  Sec.  I  1 ;  X.M. 
VI  1;  X.C.  IV  2;  X.D.  IV  85;  Ohio  IV  1;  Okla.  VII  1; 
Ore.  VII  1;  Pa.  V  1;  R.I.  XI  1;  S.C.  V  1;  S.D.  V  1; 
Tenn.  VI  1;  Tex.  V  1;  Utah  VIII  1;  Vt.  II  42;  Va.  VI 
87;  Wash.  IV  L;  W.Va.  VIII  1;  Wis.  VII  2;  Wyo.  V  1.) 
Justices  of  Peace 

General  provision.  (Ariz.  VI  1;  Ark.  VII  1;  Del.  IV  1; 
Fla.  V  1;  Ga.  VI  Sec.  I  1;  Ida.  V  2:  111.  VI  1;  Kan.  Ill 
1;  Ky.  142;  La.  84;  Md.  IV  1;  Mich.  VII  1;  Minn.  VI  1: 
Miss.  VI  152;  Mont.  VIII  1;  Xebr.  VI  1;  Xev.  VI  1: 
X.C.  IV  2;  X.D.  IV  85;  Okla.  VII  1;  S.D.  V  1  ;  Tex.  V  1  ; 
Utah   VIII    1;    Wash.  IV   1;    W.Va.  VTTI    1:    Wis.   VII 

Wyo.  VI.) 
Juvenile  Courts 

General  provision.     (La.  118.) 
Municipal  Courts 

General  provision.      (Mo.  VI  1:  Va.  VI  87.) 
In  cities,  corporation  courts.      (Va.  VI  98.) 
Police  Courts 

General  provision.      (Nebr.  VI  1;  111.  VI  1;  Pa.  V  1.) 

11 


322  State  Constitutions 

COURTS  (Cont'd) 

Establishment  (Cont'd) 

By  Constitution    (Cont'd) 
Prerogative  Court 

Genera]  provision.     ( X...T.  VI  Sec.  I  1.) 
Probate  Courts 

General  provision.  (Ala.  VI  139;  Ark.  VII  1;  Del.  IV  1: 
Ga.  VI  Sec.  I  1;  Ida.  V  2;  Kan.  Ill  1:  Md.  IV  1;  Mich. 
VII  1  ;  Minn.  VI  1;  Mo.  VI  1;  X.M.  VI  1,  23;  Ohio  IV  1; 

Pa.  V  1;  Wis.  VII  2.) 
Register's  Courts 

General  provision.      (Del.  IV  1.) 
Special  Courts 

Six  courts  for  city  of  Baltimore.      (  Md.  IV   1,  27.) 
Courts  for  parish  of  Orleans.      (La.  130  et  seq.) 
Courts  for  Cook  county.      (111.  VI    23   et  svq.) 
By  Legislature 
In  General 

May  constitute  judiciaries  and  courts  of  record  or  other 
courts  to  be  holden  in  the  name  of  the  state,  for  the 
hearing,  trying  and  determining  of  all  manner  of  crimes, 
offenses,  hills,  processes,  complaints,  causes,  actions,  mat- 
ters and  things,  whatever  arising  or  happening  within  the 
state,  whether  civil  or  criminal,  to  which  courts  is  hereby 
granted  the  power  to  administer  oaths,  and  affirmations 
for  the  better  discovery  of  truth  in  any  matter  in  con- 
troversy depending  upon  them.  (X.H.  II  4.) 
May  establish  such  other  courts  as  necessary  and  prescribe 
the  jurisdiction  and  organization  thereof  and  conform  the 
jurisdiction  of  general  trial  court  and  other  inferior  courts 

thereto.      (Tex.   VI.) 
Legislature  'may   establish    such   courts  other  than   those  es- 
tablished   in    constitution    as   it   may    deem   necessary   and 
prescribe    organization    and   jurisdiction    thereof   and   may 
conform   jurisdiction   of  district  and  other   inferior  courts 

thereto.      (Tex.  V  1.) 
Other    courts    than    those    established    in    constitution    may 
from  time  to  time  be  established  by  legislature,  with  con- 
currence of  two-thirds  of  all  members  elected  to  each  house. 

(Del.    TV    1.) 

Other  courts  than   those  established  in   constitution   may  be 

established.      (Colo.  VI   1;   Ga.  VIT   Sec.  I   1;   Ind.  VII   1; 

Pa.  V  1.) 
Courts  other  than  highest  court  may  be  provided  for  by  law. 

(Ore.  VII  1:  K.I.  XL) 
Other   courts  inferior   to   highest   court.      (Iowa   V    1;    Kan. 

Ill    1:   X.C.   IV  2:   Tenn.  VI   7;   Utah  VIII   1.) 
Courts  of  law  and  equity  inferior  to  highest  court  and  to  con- 
sist of  not  more  than  five  members.      (Ala.  VI   130.) 
Other    courts,    commissioners    or    boards    inferior    to    highest 

court.     (Okla.  VIII.) 


Index  Digest  323 


COURTS  {Cont'd) 

Establishment  ( Cont'd  I 
By  Legislature   (Cont'd) 
In  General  (Cont'd) 

Other  courts  inferior  to  highest  court  by  two-thirds  vote  of 

legislature.     (Minn.  VI  1.) 

Other   courts  of   civil   and   criminal   jurisdiction    inferior   to 

highest    court    by    two-thirds    vote    of    members    elected    to 

each  house  by  general  law.      (Mich.  VII   1.) 

Other    courts    inferior    to    intermediate    court    of     appeals. 

(Ohio  IV  1.) 
Courts  inferior  to  general  trial  courts  may  be  provided  by 

law.       (Ariz.   VI    1.) 

Legislature    may    ordain    and    establish    courts    inferior    to 

general  trial  court;  powers  and  jurisdiction  to  be  defined 

by  law.     (Conn.  V  1.) 
Courts  inferior  to  general  trial  court  in  any  county  of  the 

state*     (N.M.  VI  1.) 

Such   courts   in    any   or    all   of   the    counties   of   the    state, 

inferior   to   circuit    courts   as   may   be  deemed    necessary. 

(S.C.  V  lj 
Courts  of  record  may  be  established  by  law.  ( Ariz.  VI  10. ) 
Inferior  courts   may  be  established.      (Miss.   VI    172;    N.J. 

VI  Sec.  I  1.) 
Legislature  may   establish   inferior  courts   and   provide   for 

their   jurisdiction   and   powers.      (Wash.   IV   1,   12.) 
In  counties  inferior  courts  with  limited  civil  and  criminal 

jurisdiction.      (Wis.   VII   2.) 
Legislature    may    establish    courts    of    limited    jurisdiction 

within  any  county.  (W.Va.  VIII  19.) 
Inferior  local  courts  of  civil  and  criminal  jurisdiction  not 
to  have  equity  jurisdiction  or  greater  jurisdiction  than 
conferred  on  county  courts  by  constitution,  not  to  be 
courts  of  record.  (N.Y.  VI  18.) 
Inferior  courts  may  be  established  by  legislature  in  town- 
ship, county,  city  or  county.  Number  to  be  determined 
by  legislature  according  to  population ;  to  have  such 
jurisdiction  as  provided  by  law  but  in  no  case  to  trench 
upon  jurisdiction  of  several  courts  of  record,  except  that 
legislature  shall  provide  that  said  courts  shall  have  the 
concurrent  jurisdiction  with  general  trial  court  in  cases 
of  forcible  entry  and  detainer  where  rental  value  does 
not  exceed  $25  per  month,  and  where  whole  amount  of 
damages  claimed  does  not  exceed  $200,  and  in  cases  to 
enforce  and  foreclose  liens  when  value  of  property  amounts 

to  $300.  (Cal.  VII,  11.  13.) 
May  give  to  inferior  courts  established  by  them  original 
jurisdiction  in  criminal  cases  for  disturbing  meetings  held 
for  religious  worship;  nuisances;  assaults  and  battery; 
in  cases  of  retailing  and  selling,  without  license  or  on 
Sunday,  or  to  minors,  wine,  rum,  brandy,  gin,  whiskey  or 


324  State  Constitutions 


COURTS  (Cont'd) 

Establishment  ( Cont'd) 
By  Legislature  (Cont'd) 
In  General  (Cont'd) 

spirituous  or  mixed  liquors  contrary  to  law;  in  cases  of 
keeping  without  license  a  public  house  of  entertainment, 
tavern,  inn,  ale  house,  ordinary  or  victualing  house;  and 
in  criminal  cases  for  carrying  concealed  a  deadly  weapon; 
and  in  other  misdemeanors,  two-thirds  of  the  members 
elected  to  each  house  concurring.  (Del.  IV  1,  30.) 
Appellate  Courts 

May  be  created  in  districts  formed  for  that  purpose.      (111. 

VI  11.) 
One  additional  intermediate  court  of  appeals  with  new  dis- 
trict.    (Mo.  VI   (Amend.  1884)   3.) 
Arbitration  Courts 

General  provision.      (Mich.  XVI  7;   N.D.  IV   120;   Ohio  IV 

19;  Wis.  VII  16.) 
Chancery  Courts 

General  provision.      (Ark.  VII  1;  Tenn.  VI  1.) 
Legislature  may  create  court,  but  may  not  constitute  them- 
selves  judges  of  court.      (Vt.  II  29.) 
A  court  or  courts  of  chancery  with  original  and  appellate 
jurisdiction  except  as  otherwise  authorized  in  this  article. 

(Ala.  VI  145.) 
Circuit  Courts 

To  be  established  by  legislature.      (Tenn.  VI   1.) 
Common  Pleas  Courts 

Legislature  may  authorize  judge  of  county  court  of  any  one 
or  more  counties  to  hold  quarterly  court  of  common  pleas 
in  respective  counties,  to  be  a  court  of  record  with  such 
jurisdiction  in  matters  of  contract  and  other  civil  matters 
not    involving   title   to   real   estate   as   may   be   vested    in 

such  court.     (Ark.  VII  32.) 
County  Courts 

General  provision.     (Colo.  VI  1.) 

Legislature  may  organize  in  such  counties  as  it  may  think 

proper,  and  may  abolish.  (Fla.  V  18.) 
Legislature  may  in  lieu  of  county  court  abolished  by  it, 
with  consent  of  majority  of  voters,  voting  at  an  election, 
create  another  tribunal  for  the  transaction  of  business 
required  to  be  performed  by  county  court  created  by 
article  and  in  such  case  provisions  of  article  in  relation 
to  county  court  applicable,  and  such  tribunals  when 
established  to  continue  to  act  in  lieu  of  county  court 
until  otherwise  provided  by  law.  ( W.Va.  VIII  29.) 
May  be  established,  but  question  of  establishment  to  be 
submitted  to  qualified  electors  of  county  and  be  approved 
by  majority  of  those  voting.      (S.C.  VI.) 


Index  Digest  325 


COURTS  {Cont'd) 

Establishment  (Cont'd) 
By  Legislature  (Cont'd) 
Criminal  Courts 

To  be  established  in  any  county  when  a  majority  of  regis- 
tered voters  make   application   and  legislature  deems  ex- 
pedient; to  be  a  court  of  record   (Escambia  county  court 
established  by  constitution).     (Fla.  V  24.) 
In  each  county  having  a  population  exceeding  15,000.     (Colo. 

VI  24.) 

Legislature  may  provide  for  establishment  of  special  courts 

for    trial    of    misdemeanors    in    incorporated    cities    and 

towns.     (Ida.  V  14.) 
In  incorporated  cities  and  towns.     (Ida.  V  14.) 
No  power  to  establish  except  in  counties  having  population 
exceeding  50,000.      (Mo.  VI  31.) 
General  Trial  Courts 

May  be  ordained  and  established  from  time  to  time.     (Tenn. 

VI  1.) 
Justices  of  Peace 

May  be  established.     (Tenn.  VI  1.) 
Juvenile  Courts 

In  counties  and  cities  and  counties  having  population  ex- 
ceeding 100,000,  exclusive  original  jurisdiction  in  cases 
involving  minors  and  persons  whose  offenses  concern 
minors,  may  be  vested  in  a  separate  court  now  or  here- 
after established  by  law.  (Colo.  VI  1.) 
Legislature  may  establish  in  any  county  or  municipality  of 

state.     (N.M.  VI  1.) 
Land  Registration 

Court  or  courts  of  land  registration  as  it  may  deem  proper 
for  administration  of  any  law  it  may  adopt  for  purpose 
of  settlement,  registration,  transfer  or  assurance  of  titles 
to  land  in  state  or  any  part  thereof.     (Va.  VI  100.) 
Municipal  Courts 

May  be  established.      (Ark.  VII  1;   N.M.  VI   1;   S.C.  V  1.) 
Inferior  to  highest  court  for  any  incorporated  city  or  town. 

(Ida.  V  2.) 

Courts  other  than  those  enumerated  may  be  created  by  law 

for  cities,  incorporated  towns  and  villages.     (N.D.  IV  85.) 

In  lieu  of  all  justices  of  peace  in  a  precinct  partly  or  wholly 

in  a  city  or  incorporated  town  of  over  1,500  inhabitants. 

(Ala.  VI  168.) 
May  be  created  in  towns  of  more  than  5,000.  (La.  96.) 
In  lieu  of  police  magistrates  in  cities  with  over  5.000  popu- 
lation to  have  same  jurisdiction  as  justices  of  peace  in 
cases  in  which  process  served  in  city,  and  jurisdiction 
co-extensive  with  county  in  which  city  is  situated  in  cas 
as  provided  by  law.      (S.D.  V  23.) 


326  State  Constitutions 


COURTS  [Cont'd) 

Establishmext   (Cont'd) 
By  Legislature  (Cont'd) 

Municipal  Courts   (Cont'd} 

May  create  instead  of  justices  of  peace  courts  abolished  by  it 
in  wards  of  cities  containing  more  than  5,000  inhabitants, 
courts  with  such  civil  jurisdiction  as  now  vested  in  justices 
of  peace,  and  with  criminal  jurisdiction  not  extending  be- 
yond the  trial  of  offenses  not  punishable  by  imprisonment 
and  hard  labor,  the  laws  of  the  state  and  the  violation  of 
municipal   and   parochial   ordinances   and   the   holding   of 
preliminary  examinations  in  cases  not  capital.     (La.  96.) 
May  establish  in  lieu  of  justices'  courts  abolished  by  it  in 
any   city   having   population   over   20,000,   except   city   of 
Savannah,  such  court  or  courts  as  deemed  necessary,  con- 
ferring upon  such  new  courts  jurisdiction  now  exercised 
by  justices  of  peace,  notaries  public  and  ex  officio  justices 
of  the  peace,  together   with  such  additional   jurisdiction 
either  as  to  amount  or  to  subject-matter  as  may  be  pro- 
vided by  law,  whereof  some  other  court  has  not  exclusive 
jurisdiction   under   constitution,  together   also   with   such 
provisions  as  to  rules  and  procedure,  new  trials  and  cor- 
rection of  errors  and  with  such  further  provisions  for  cor- 
rection of  errors  by   general  trial  court   or  intermediate 
court    of    appeals    or    highest    court    as    legislature    may 
desire.      (Ga.  VI  Sec.  VII  1    (1914).) 
In  cities  of  30,000  or  more,  legislature  may  provide  addi- 
tional courts.      (Va.  VI  98.) 
Courts  for  the  punishment  of  offenses  against  municipal  ordi- 
nances  in   incorporated   towns  and   cities.      (Fla.  V   34.) 
Inferior  to  general  trial   court  for  cities  and  incorporated 

towns.      (Nebr.  VI   1.) 
For  cities  and  incorporated  towns.     ( 111.  VI  1 ;  Mont.  VIII 

24;  S.D.  V  1.) 
Courts   for   incorporated   cities   and   towns   by   general   law. 

(Wyo.  VI.) 

Legislature    may    establish    courts    of    limited    jurisdiction 

within   any   incorporated    city,   town   or  village.      (W.Va. 

VIII  19.) 
Municipal  courts  may  be  established  by  legislature  in  incor- 
porated city  or  town.  Number  to  be  determined  by  legis- 
lature according  to  population;  to  have  such  jurisdiction 
as  provided'  by  law,  but  in  no  case  to  trench  upon  juris- 
diction of  several  courts  of  record,  except  that  legislature 
shall  provide  that  said  courts  shall  have  the  concurrent 
jurisdiction  with  general  trial  court  in  cases  of  forcible 
entry  and  detainer  where  rental  value  does  not  exceed 
$25  per  month  and  where  whole  amount  of  damages 
claimed  does  not  exceed  $200,  and  in  cases  to  enforce  and 
foreclose  liens  when  value  of  property  amounts  to  $300. 

*(Cal.  VI  1,  11,  13.) 


Index  J  Digest  327 


COURTS  (Cont'd) 

Establishment  (Cont'd) 
By  Legislature    (Cont'd  i 

Municipal  Courts   (Cont'd) 

Courts   for  municipal  purposes  only   in   incorporated   cirie? 

and  towns.      (Nev.  VI  1.) 
With  such  jurisdiction  as  it  may  deem  necessary.      (Wis. 

VII  2.) 
May  vest  such  jurisdiction  in  corporation  courts  as  deemed 

necessary.     (Tenn.  VI  1.) 
Police  Courts 

For  cities  and  towns.      (Colo.  VI  26;  Ky.  143;  Mont,  VIII 

24;  S.D.  V  23.) 
Special  courts  for  trial  of  misdemeanors  in  cities  and  towns. 

(N.C.  IV  14.) 
Probate  Courts 

May  be  established  in  each  county.      (Ala.  VI  149.) 
May  provide  for  surrogate  in  counties  with  population  ex- 
ceeding  40,000   in   which   no    separate    surrogate.      (N.Y. 

VI  15.) 
Legislature  to  establish  in   every  county,  to  be  a  court  of 

record,  to  consist  of  one  judge.      (Mo.  VI  34.) 
Legislature  may  provide  for  in  each  county  having  a  popu- 
lation of  50.000  and  over.      (111.  VI  20.) 
In  county  over  150,000,  legislature  shall,  and  in  other  coun- 
ties  may,   establish   separate  court   consisting  of   one   or 
more  judges  learned  in  the  law.      (Pa.  V  22.) 
Railroad  Commission 

May   clothe  any  railroad   commission  with   judicial  powers 
in  all  matters  connected  with  the  functions  of  their  office. 

(Fla.  V  35.) 
By  Legislature  Prohibited 

Legislature  not  to  create  other  courts  to  exercise  powers  vested 
by  constitution  in  courts  of  common  pleas  and  orphans'  courts. 

(Pa.  V  26.) 
None  except  those  provided  for  in  constitution  shall  be  estab- 
lished.    (Ky.  135.) 
By  Municipality 

City  charter  may  provide  for  establishment,  constitution,  regula- 
tion, government   and   jurisdiction   of   municipal   courts,   with 
such  civil  and   criminal  jurisdiction  as  by   law   may  be  con- 
ferred upon  inferior  courts.      (Cal.  XI  8%.) 
Evidence,  See  Evidence. 

Execution.  Exemption  from.  Sec  Exemptions  from  Forced  Sale. 
Fiscal  Courts,   See  Counties  —  Internal   Organization   and   Admin- 
istration. 

General  Sessions,  Court  of 

See   also   below,    this   title,   General   Trial   Courts   for   Criminal 

Cases  Only. 

Chief  justice  and  four  associate  justices  to  constitute.     To  designate 

those  to  hold  court  in  several  counties,  no  more  than  three  to  sit 


328  State  Constitutions 


COURTS    {Cont'd) 

General  Sessions,  Court  of   (Cont'd) 

together  in  any  court.  In  each  court  chief  justice,  when  present, 
to  preside;  in  absence,  senior  associate  judge  present  to  preside. 
One  to  constitute  quorum,  except  in  cases  of  prosecutions  under 
section  S  of  article  V,  or  to  hear  contested  applications  for  license 
to  sell  intoxicating  liquors,  when  two  shall  constitute  quorum.  One 
judge  may  open  and  adjourn.  Two  or  more  sessions  or  one  or 
more  sessions  may  be  held  at  same  time  in  same  county  or  in 
different  counties,  and  business  in  several  counties  may  be  dis- 
tributed and  apportioned  in  such  manner  as  shall  be  provided  by 
rules  of  said  courts.  To  have  all  jurisdiction  and  powers  vested 
in  court  of  general  sessions  of  the  peace  and  jail  delivery;  co- 
extensive with  state,  legislature  to  have  power  to  confer  additional 
power.  Process  may  be  issued  out  of  each  court  in  either  county, 
into  every  county.  Legislature  may  give  certain  criminal  juris- 
diction to  inferior  courts,  established  by  it  in  case  of  misdemeanors 
and  grant  or  deny  privilege  of  appeal  to  general  sessions  if  sen- 
tence is  not  imprisonment  exceeding  one  month  or  fine  exceeding 
$100.  Must  be  appeal  in  these  latter  cases.  Governor  to  have 
power  to  commission  judge  ad  Litem  to  constitute  a  quorum,  com- 
mission to  confine  office  to  cause  and  to  expire  on  determination 
of  same.  To  receive  reasonable  compensation  to  be  fixed  by  legis- 
lature. Member  of  Congress  or  person  holding  or  exercising  office 
under  United  States  is  not  disqualified.  Court  to  have  power  to 
direct  question  of  law  to  be  heard  by  court  en  banc  upon  applica- 
tion of  either  party;  this  court  to  consist  of  five  judges.  Chief 
justice  to  preside  when  present,  senior  associate  in  absence.  Four 
to  constitute  a  quorum;   one  may  open  and  adjourn  court.      (Del. 

IV  5,  6,  8,  15,  18,  19,  20,  30.) 
General  Trial  Courts 

Under  this  subhead  drc  grouped  provisions  relating  to  the  principal 
trial  courts  of  the  states,  where  such  courts  have  substantially  the 
civil  and  criminal  jurisdiction  of  the  old  courts  of  common  picas 
and  king's  bench  in  England.  The  name  given  to  these  courts  in 
each  state  will  be  found  under  the  subdivision  "  Name  ".  Where 
the  stale  separates  its  principal  trial  courts  into  distinct  civil  and 
criminal  courts,  See  below,  this  title,  "  General  Trial  Courts  for 
Civil  Cases  Only  ",  and  "  General  Trial  Courts  for  Criminal 
Cases  Only  ". 
Character 

To   be   court  of   record.      (Ariz.  VI    10;   Cal.  VI   12;    Md.   IV   1; 
Mich.  VII  17;  Mont.  VIII  25;  Nev.  VI  8;  Utah  VIII  17;  Wash. 

IV  11.) 
Chief  Justice,  See  below,  this  subdivision,  Judges. 
Clerks 

See  also  above,  this  title,  Clerks. 
Bond 

To  give  bond  and  security  for  faithful  performance  of  duties; 
amount   as  provided  by   law.      (La.    122.) 


Index  Digest?  329 


COURTS  {Cont'd) 

General  Trial  Courts   (Con I'd) 
Clerks   (Cont'd) 
Compensation 

As  provided  by  law.  (Cal.  VI  21  ;  Minn.  VI  7;  Mont.  VII 1 
18;    N.C.   IV    18:    N.D.   IV    108:    S.C.   V   25;    S.D.   V    32: 

\V.\a.  VIII  18;  Wyo.  V  13.) 
As  provided  by  law  and  regulated  by  rules  of  court.      ((  olo. 

VI   19.) 
As  provided  by  law  but  until  so  provided,  by  hoard  of  super- 
visors.     (  Ariz.  VI   IS.  i 
Deputies;     as    provided    by    county     commissioners.       (Ida. 

XVIII  6,  Amend.  XL) 
Deputies;   as  provided  by  law.      (Md.  IV  25.) 
Fees  and  perquisites  prohibited.      (Ariz.  VI   18.) 
Fees  as  provided  by  law  for  all  civil  matters.      (La.  129.) 
None  from  state  or  parish  for  services  in  criminal  matters. 

(La.  122.) 
Salaries  as  provided  by  law  not  to  exceed  75  per  cent. 'of  fees 

collected.      (Ky.   106.) 

Duties  in   General 

As  provided  by  law.  (Ariz.  VI  IS:  Colo.  VI  19;  Fla,  V  15; 
Kan.    Ill    7:    Minn.   VI    7:    Mont.   VIII    18;    N.Y.   VI    19; 

W.Va.  VIII  18;  Wyo.  V  13.) 

As  prescribed  by  law  or  by  rules  of  his  court.     (Cal.  VI  21.) 

As  provided  by  law  and  regulated  by  rules  of  court  con- 
sistent therewith.      (S.D.  V  32., 

As  regulated  by  rules  of  court.      (Colo.  VI   lit.) 

Legislature  to  provide  authority  to  make  such  orders  and 
do  acts  necessary  for  furtherance  of  justice  in  all  cases: 
powers  are  specified  and  determined.      (La.    123.1 

Legislature  to  provide  duties  to  be  performed  during  vaca- 
tion, subject  to  approval  of  court.      (Miss.  VI   168.) 

Legislature  to  provide  jurisdiction  in  matters  of  admission 
of  wills  to  probate,,  of  appointment  and  qualification  of 
guardians,  personal  representatives,  executors,  appraisers 
and  committees  of  the  estates  of  persons  adjudged  insane 
or    convicted    of    felony    or    in    matter    of    substitution    of 

trustees.      (  Ya.  VI   101.  I 

May  issue  process,  take  recognizance  of  bail,  and  enter  judg- 
ment according  to  law  and  practice.      (  Del.  IV  29.  i 

To  be  ex  officio  parish  reporter  of  conveyances,  mortgages 
and  other  acts  and  notary   public.      (La.    122.) 

To  be  ex  officio  county  recorder.      (Ark.   VII    19.) 

To  be  ex  officio  recorder  of  deeds,  except  in  counties  Inning 
60,000   or   more    inhabitants    in    which    recorder    of    deeds 

-hall    he   elected.       (111.    \    S.I 

To  be   ex  officio   auditor   and    recorder   for   counties.      (Ida. 

XVIII  6.) 


S3:0  State  Constitutions 


COURTS  {Cont'd) 

Genebal    Trial  Cotjbts   (Cont'd) 
Clerks   (Cont'd) 

Duties  in  Connection  with  Other  Courts 

May  act  a*  clerk  of  chancery  when  appointed  by  them.     (Ala. 

VI  165.) 
To  act  as  clerk  of  county  court.      (S.D.  V  32.) 
To  be  ex  officio  clerk  of  all  other  courts  of  record  in  county 
unless  by   law   election   of  a   clerk   is  provided.      (Ohio  IV 

10;   S.C.  V  27.) 
To  be  ex  officio  clerk  of  intermediate  courts  of  appeal.      (La. 

122.) 
Clerk    of    general    trial    court    of    parish    where    sessions   of 
intermediate  courts  of  appeal   are  held,  to   serve  as  clerk 
and   attend   sessions   either   in   person   or   by   deputy   until 
otherwise  provided  by   law.      (La.   106.) 
To  be  ex  officio  clerk  of  probate  and  county  courts  provided 
county  has  less  than   15,000.      (Ark.  VII   10.) 
Ho ir  Selected 

As  provided   by   law.      (Miss.  VI   168.) 

Elected.      (Fla.  V  15:  Ohio  IV  16;   Ida.  V  16;  Md.  IV  25.) 
Elected  in  manner  prescribed  by  law.      (Wyo.  V   13.) 
Elected  by  qualified  electors  of  county.      (Ala.  VI  165;  Ark. 
VII   10;   La.   122;   X.D.  IV    108;    Ohio  IV   16:    S.C.  V  27: 
S.D.  V  32:   W.Va.  VIII  18;  Wis.  VII  12.) 
Elected   by   qualified   electors  of  county   at  general   election. 

(Del.  Ill  22.) 
Elected    by   qualified  electors   for   state   and   county   officers. 

(Tex.  V  9.) 

Elected  by  qualified  electors  of  county  at  time  provided  by 

law  for  election  of  members  of  legislature.      (X.C.  IV  16.) 

Election  by  qualified  electors  of  county  at  election  of  judges 

of  general  trial  term.      (Ariz.  VI  IS.) 
Elected  by  qualified  electors  of  county  at  election  of  district 

judge.      (Mont.  VIII  IS.) 

Elected    in    each    county    on    Tuesday    after   first    Monday    in 

November.      (For   special   provisions  in    Cook   count;/,   See 

below,  this  subdivision,  Special  Organization  fob  Cook 

County.)      (111.  X  8.) 
To  be  county  officers,  and  elected  as  such.     (See  Counties  — 

Officers.)      (Pa.  XIV  1.  2.) 
County  clerks  shall  be.      (X.V.  VI  10;   Wash.  IV  26.) 
Clerk   of  each   county   organized    for  judicial   purposes  to  be 
clerk   of  general   trial  court   of  such   county.      (Mich.  VII 

11.) 
Until  otherwise  provided  by  law  county  clerk  shall  perform 
duties   now   performed.      (X.M.   VI  22:    Utah  VIII    14.) 
Location  of  Office 

In  town   or  place  where  general  trial  court  is  usually  held. 

(Del.  Ill  23.) 


Index  Digest  331 


COURTS  {Cont'd) 

General  Trial  Courth  (Cont'd) 
Clerks   (Cont'd) 

A  (/  in  < 

Clerk  or  register  of  probate,     i  Minn.  VI  7.  i 

Prothonotary.      (Del.  IV  29;  Pa.  V  7.) 
Number 

One   in  eacli   county.      (bla.   V    15;   Ida.  A"    L6;    Md.   IV   25; 

Mont.  VIII  18;  ST-JO".  IV  L6;  S.C.  V  27;  Tex.  V  9.) 
One  in  each  court.      (Ariz.   VI    IS.  | 

One  in  each  court    (one  court    in  each   county  I .      (Minn.   \I 

13.) 
One  in  each  county  where  term  is  held.      (Colo.  VI    19.) 
One  in  each  organized  county.      (Kan.  Ill  7:    S.D.   V  32.1 
One  in  each  organized  county  in  which  a  court  is  held.     (N.D. 

IV   LOS;  Wyo.  V   13.) 
One    in    each    county    or    circuit    organized    for   judicial    pur- 
poses.     (Wis.  VII    12.) 
One  in  each  parish;   parish  of  Orleans  excepted.      (La.   122.) 
Counties  having  population  of   150,000  or  over,  to  have  one 

clerk.      (Ky.   137.) 
Poorer  of  Appointment 

County  commissioners  to  empower  clerk  to  appoint  deputies 
and  clerical  assistants  as  business  requires.      ( Ida.  XVIII 

6,  Amend.  XL) 
May  appoint  coroner  for  special  cases  where  there  is  none  in 

county.      (X.C.  IV  24.) 
With   approval   of  judges,   to   appoint   as  many   deputies   as 

judges  deem  necessary.      (Md.  IV  26.) 
With  approval  of  judge  to  appoint  deputies  with  such  powers 

as  provided  by  law.      (La.  124.  i 
Prohibition    nt>   Practice  of   Law 

In   any   court  of  state.      (Mont.  VIII   31.) 
Qualifications 

General  provisions  as  prescribed  by  law.      (Minn.  IV  13.) 
Removal 

At  pleasure  of  court.      (Cal.  VI  21.) 

By  information  on  good  cause  shown ;   highest  court  to  be 
judge  of  facts:  two-thirds  of  member-  present  to  concur  in 

sentence.      I  Ky.    124.  ) 
By   information  or  indictment  of  grand  jury  and  conviction 

of  trial  jury.      (Tex.  V  9.) 
By   judges   of   general    trial    court    for    incompetency,    official 
misconduct,    habitual    drunkenness:    other    cause-    a-    pro- 
vided by  law  to  be  set  forth  in  writing  and  finding  of  truth 

by  jury.     (Tex.  V  25. 
Deputies  mav  be  removed  for  incompetency,  negleci  of  duties, 

etc.      i  Md.   IV  25.1 
Manner  provided  by  law.      (W.Va.  VIII  18.) 


I  State  Constitutions 


COURTS  (Coni  d) 

General  Trial  Courts  (Con I'd) 
Clerks   {Cont'd) 

Removal   (Cont'd) 

May  remove  for  wilful  neglect  of  duty  or  other  misdemeanor 
in  office  or  oil  ;  mivietion  in  a  court  of  law.  (Md.  IV  25.) 
For  specified  causes  by  general  trial  court,  courts  of  like 
jurisdiction,  or  by  criminal  court  of  county  in  which  clerk 
holds  office;  provided,  right  of  trial  by  jury  and  appeal 
be  secured.  (Ala.  VII  175.) 
Residence 

In  respective  county  for  which  elected.      (S.D.  V  32.  37.) 
In  respective  counties  during  term  of  office.      (Kan.  Ill  11.) 
Within    district    for    which    elected    during    term    of    office. 

(Mont.  VIII  33.) 
Special    Provisions  far  Particular  Courts 

For  Philadelphia  one  clerk's  office  and  one  clerk  for  all  gen- 
eral trial  courts,  appointed  by  judges  for  three  years, 
sub.je.et  to  removal  by  majority  of  them;  prothonotary  to 
appoint  assistants  as  authorized  by  general  trial  court; 
he  and  assistants  to  receive  salary  as  provided  by  law 
and  paid  by  county:  all  fees  due  commonwealth  paid  to 
county  treasurer  (applies  only  to  civil  cases).  (Pa.  V  7.) 
Term  of  Office 

As  prescribed  by  law.      (Minn.  VI   7.) 
At  pleasure  of  court.      U'al.  VI  21.) 

Two   years.      (Ark.   VII    10:    Kan.    Ill    7:    S.D.   IX   5;    Tex. 

V  9.) 
Four  years.      (Ariz.   VI    18;    Del.    Ill   22;    Fla.   V    15;    Ida. 

V   10;   La.   122;   Minn.  VI  G;   Miss.  VI   168.) 
Four   years;    and   until    successors  are   qualified.       (X.C.    IV 

17.  24.) 
Four  years  and  until  successors  elected  and  qualified.      (S.C. 

V  27.) 

Four  years  from  first  Monday  of  December  after  election  and 

until  successor  elected  and  qualified;   special  provisions  in 

Cook  county.      (111.  X  8,  VI  27.) 

Six  years.      (Ala.  VI  105:  W.Va.  VIII  18.) 

Six   years   and    until   successor   elected   and   qualified.      (Md. 

IV  25.) 
Same  as  district  judge.      (Mont.  VIIT   IS.) 
Same  as  other  county  officers.      (X.D.  IV  108.) 
Vacancies 

Filled  by  judge  for  unexpired  term.  (Ala.  VI  105.) 
To  be  filled  by  special  election  unless  occurring  nine  months 
before  next  general  election  when  filled  by  appointment 
by  governor.  If  elected  from  county  the  vacancy  is  filled 
by  special  election  unless  occurring  six  months  before 
next  general  election  when  filled  by  governor.      (Ark.  All 

19.  50.) 
To  be  filled  as  provided  by  law.      ( Ida.  V   19. ) 


Index  I  'm.i.st  -  333 


COURTS  (Cont'd) 

General  Trial  Courts  (Cont'd) 
Clerks  \  Cont'd) 

Vacancies  (Cont'd) 

Court  shall  have  power  to  appoint  deputj  clerk  until  sue- 
cessor  is  appointed  by  governor  or  elected  and  qualified; 
election  to  till  must  be  held  within  GO  days  from  date 
of  vacancy  provided  that  if  unexpired  term  is  for  shorter 
period   than    one   ,var,    appointee   of  governor    shall    hold 

office  for  term,      i  La.    124.) 
Judges  may  till  until  general  election  for  delegates  to  legis- 
lature to  be  held  next  thereafter  when  successor  shall  be 
elected  for  the  term  of  six  years.      (Md.  IV  25.) 
By   appointment   of   judges   within    respective   jurisdictions. 

(.Mich.  VII  U.) 
Filled  by  appointment  by  hoard  of  county  commissioners  ol 
county  where  vacancy  occurs;  to  hold  office  until  his 
successor  is  elected  and  qualified;  If  elected  to  till  vacancy, 
shall  hold  office  for  unexpired  term.  (Mont.  Vdll  34.) 
Filled  by  appointment  of  judge  in  case  of  vacancy  other- 
wise than  by  expiration  of  term  and  in  case  of  failure  by 
people  to  elect  until  election  can  be  regularly  held.      (N.C. 

IV  29.) 
To  be  filled  by  appointment  by  county  board  where  it  occurs 

until  next  general  election.      (S.D.  V  32,  37.) 
Filled  by  appointment  of  judge  of  general  trial  court  until 

office  can  be  rilled  by  election.      (Tex.  V  9.1 
Court  or  judge  of  court,  in  vacation  to  fill  until  next  gen- 
eral election.      If   clerk   is   so  situated   as  to  make   it  im- 
proper for  him  to  act,  court  shall  appoint  a   clerk  to  act. 

(W.Ya.  VIII    IS.  i 
By  appointment  as  prescribed  by  law.      (Wyp.  V    13.) 

Costs  and  Fees 

Legislature  to  impose  tax  on  all  civil  suits  in  the  municipal, 
inferior  or  general  trial  courts;  tax  to  constitute  a  fund  to  be 
applied  toward   the   payment  of  the  salary  of  judges.      (Wis. 

VI]   18.) 
All  fees,  fines  and  penalties  td  be  paid  into  the  county  treasury. 

('■Pa.  V  13.) 
Court  Commissioners 

Judges  to  appoint  in  their  respective  counties  as  may  be  deemed 
necessary:     Powers,  duties  and   compensation   as   provided  by 

law.  (Ariz.  V]  19.) 
Judge  may  appoint  in  cadi  county  in  his  district  one  or  more 
attorneys  with  power  to  allow  writs  of  injunction,  issue  writs 
of  habeas  corpus,  returnable  before  himself  or  the  judge. 
Orders  may  be  reviewed  by  general  trial  judge  and  confirmed, 
qualified  or  vacated.  .May  be  removed  by  judge  legislature 
may   confer  upon   them   further   powers,   not  judicial,   and    shall 

fix    compensation.       ( Fla.    V    14.) 


334  State  Constitutions 

COURTS  (Cont'd) 

General  Trial  Coukts   (Cont'd) 
Court  Commissioners  (Cont'd) 

May  be  appointed  in  each  county  by  judges  of  general  trial  court 
having  jurisdiction,  one  or  more,  not  exceeding  three  who  shall 
have  authority  to  perform  like  duties  as  judge  of  general  trial 
court  at  chambers,  subject  to  revision  by  such  judge,  to  take 
depositions  and  perform  such  other  business  connected  with 
administration  of  justice  as  prescribed  by  law.  (Wash.  IV  23.) 
Legislature  may  provide  for  appointment  of  one  or  more  in  their 
respective  counties  or  cities  and  counties  with  authority  to 
perform  chamber  business  of  judges  of  general  trial  courts, 
to  take  depositions  and  perform  such  other  business  connected 
with  administration  of  justice  as  may  be  prescribed  by  law. 
May  receive  fees  or  perquisites  of  office.  (Cal.  VI  14,  15.) 
Legislature  may  provide  for  election  of  one  or  more  in  each 
organized  county  who  may  be  vested  with  judicial  powers  not 
exceeding  those  of  judge   of  general   trial  court   at  chambers. 

(Mich.  VII  21.) 
Legislature  may  provide  for  election  of  one  person  in  each  or- 
ganized county  with  judicial  power  and  jurisdiction  not  ex- 
ceeding power  and  jurisdiction  of  judge  of  general  trial  court 
at  chambers:  or  legislature  may,  instead  of  election,  confer 
such   power  and  jurisdiction  upon  judges  of  probate.      (Minn. 

VI   15.) 
Legislature   may   provide    for   appointment   of    one   or   more   in 
each    organized   county,    and    may   vest    in    them    such    judicial 
powers  as  shall  be  prescribed  by  law.    Said  power  not  to  exceed 
judge  of  general  trial  court  at  chambers.      (Wis.  VII  23.) 
Legislature  to  provide  for  appointment  by  several  district  courts 
of    one    or    more    district    court    commissioners    ( who    shall    be 
persons    learned    in    law)     in    each    organized    county    in    which 
district    court    is   held.      To   have   authority    to    perform   such 
chamber  business  in   absence  of  district  judge  from  county  or 
upon   his   written    statement   tiled   with    papers,   that   it  is  im- 
proper for  him  to  act,  as  may  be  prescribed  by   law,  to  take 
depositions    and    perform    such   other   duties    and    receive    such 
compensation  as  shall  be  prescribed  by  law.      ( \\  yo.  V   14.) 
Decisions 

Sec  aluo  below,  this  subdivision,  Judgments. 
Reasons  to  be  Set  Forth 

To  be  in  writing:  grounds  of  decision  stated.      (Cal.  \T  24.) 
Time  Given  for 

Musi    be   made    60   days    from    the   rising   of   the   last    courl 
of   the   district    being   held   at    time   of   submission.      (S.C. 

V  17.1 
Must    be   made   within    90   days    from   day   of   hearing,   pro- 
vided  that   if   within    90   days   a    rehearing   ordered,   the 
period    within    which    judge    must    decide    shall    begin    at 
time  case  is  submitted  upon   rehearing.      (Wash.   IV  20.) 


I  \i)EX  Digest  335 


COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Decisions   {Cont'd) 

Time  Given  for   (Cont'd) 

Must  be  made  within  60  days   from  submission;    provided, 
that   if   within   60   days   a    rehearing  ordered   the   period 
within  which  judge  must   decide  shall  begin  at  time  case 
is   resubmitted.      (Ariz.   VI    IS:) 
Must    be    made    within   two    months   after   argument   or    sub- 
mission.     (Md.     IV    23.) 
Xo  judge  to  receive  salary   unless  lie  make-  and   subscribes 
affidavit  that  no  cause  in   his  court   remains  pending  un- 
decided that  has  not  been  submitted  for  decision  for  a  pe- 
riod of  30  days.      (Ida.  V  17.) 
Same;   90  days.      (Cal.  VI  24.) 

Divisions,  See  below,  tli'is  subdivision,  Sessions. 
Establishment,  See  above,  this  title.  Establishment. 

Judges 

Sec  also  below,  litis  title.  Judges. 

In  Delaware,  See  abore.  this  title.  Associate  Judges  of  State. 

Ad  Litem  Appointees 

•  For  power  of  judges  to  hold  court  for  eqcli  other.  Sec  below. 

this    subdivision,    Judges  —  Power    to    Act    in    Other 

Districts. 

Absence   of   judge,   a   reason   for.      (Kan.    Ill    20;    Ky.    136; 

Okla.   VII  9;    Tex.   V   7;    W.Va.  VIII    15.) 
Disqualification  of  one  or  more  judges  to  sit  in  case,  a  reason 

for.      (Kan.  Ill  20;  X.M.  VI  15;  Tex.  V  11.) 
Illness   of    judge,   a   reason    for.      (Ind.    VII    in.) 
inability  of  judge  to  sit  in  case,  a  reason  for.      (Ind.  VII  10; 

Kan.  Ill  20.) 
Recusation  of  judge,  a   reason   for.      (La.   112.1 
Appointed  by  bar.      (Ga.  VI   See.  IV  9:   Kan.   Ill  20.) 
Appointed   by  bar;   detail  of  method  given.      (Ark.   VII   21.1 
Legislature  to   provide   for   appointment    by   b:ir.      (Kan.    Ill 

20.) 
Appointed  by  parties.      (Fla.   V    19;    Mont.   VIII   36.) 
Appointed    by    parties    by    consent;    if    parties    fail,    as    pre- 
scribed by  law.      (Tex.  V   11.) 
Appointed  by  parties;  if  parties  cannot  agree,  at  request  of 
either    party    by    members    of    bar    of    district    present    at 
term;    if    no   election,    by    assignment    by    chief    justice    of 
highest  court  of  another  general  trial  court   judge.     (Okla. 

VII    9.) 

Appointed    by    parties;    if   parties   cannot    agree,   court   clerk 

appoints;    legislature   may   provide   other   methods.      (Ala. 

VI  160.) 
t 

Appointed  by   parties;    if   parties   cannot    agree  governor   to 
appoint.      (Miss.  VI  16.5.) 


336  State  Constitutions 

COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Judges   (Cont'd) 

Ad  Litem  Appointees    (Cont'd) 

Appointed  by  parties,  or  their  attorneys  of  record.      (N.M. 

VI  15;  Utah  VIII  5.) 

Appointed  by  parties,  of  their  attorneys  of  record,  agreed  on 
in  writing.      (Cal.  VI  8;   Ida.  V  12;   Wash.  IV  7.) 

Legislature  to  provide  for  trial  of  recused  cases  by  selec- 
tion of  licensed  attorneys  having  qualifications  required 
for  judges  except  that  of  residence  in  district,  or  by  inter- 
change of  judges,  or  otherwise.      (La.   112.) 

Legislature  may  provide  for  selection  or  election  of  suitable 
person  to  preside  in  special  cases.     (Colo.  VI  12.) 

Legislature  may  provide  for  temporary  appointment  of  per- 
sons learned  in  law  to  hold  special  or  regular  terms  in 
case  of  necessity.      (S.C.  V  6.) 

Legislature  may  provide  for  holding  court.  (Ala.  VI  161; 
Ind.  VII  10;  Ky.  136;  Tex.  V  7;  W.Va.  VIII  15.) 

Legislature  to  provide  for  holding  court.      (W.Va.  VIII   15.) 

Legislature  to  provide  for  holding  court  in  cases  of  disability 
or  disqualification  of  judge.     (Tex.  V  7.) 

Commission   to   expire  on  termination  of   cause.      (Ala.   Vl 

160;  Fla.  V  19.) 

Appointee  to  be  learned  in  law.      (Ala.  VI   160.) 

Appointee  to  be  member  of  bar.  (Ala.  VI  160;  Ida.  V  12; 
N.M.  VI   15;   Utah  VIII   5;   Wash.  IV  7.) 

Appointee  to  have  law  knowledge.      (Miss.  VI  165.) 

Appointee  to  have  same  power  as  regular  judge  of  court. 
(Ala.  V  160;   Cal.  VI  8;   Mont.  VIII  36.) 

In  case  of  absence  of  judge  of  general  trial  court  from 
county,  or  in  case  of  his  disqualification  for  any  reason, 
the  county  court  judge  shall  have  power  to  issue  writs  of 
injunction  in  matters  about  to  be  brought  or  pending  in 
general  trial  court.  (Okla.  VII  12.) 
Assistant  Judges 

Elected  by  freemen  of  respective  counties,  biennially  on  first 
Tuesday  after  first  Monday  of  November  in  same  manner 
as  senators.  Term  of  office  two  years  from  first  day  of 
February  next  after  election.     (Vt.  II  35.  45,  4S,  49.) 

Associate  Judges  Not  Learned  in  the  Law 

Office    abolished    in    counties    forming    a    separate    district. 

(Pa.  V  5.) 
Chief  Justice 

To  be  chosen  from  their  own  pujnber  bv  members  of  court. 
designated  "  presiding  judge  ".  ami  removable  at  pleasure 
of  fellow  judges.  To  distribute  business  of  court  among 
judges    thereof    and    prescribe    order    of    business.       (Cal. 

VI  6.) 


Iadex  Digest  337 


COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Judges   (Cont'd) 

Chief  Justice    (Con I'd) 

To  preside  when  present  and  in  absence  senior  associate 
judge  present  to  preside.  To  preside  in  court  en  banc 
when  present  and  in  absence  senior  associate  judge  present 

to  preside.      (Del.  IV  5,  15.) 
Commissions 

Shall  be  commissioned  by  governor.      (Kv.   129.) 
Compensation 

As  prescribed  by  law.  (Ark.  VII  IS;  Cal.  VI  17;  Iowa  V  9; 
Mo.  VI  33;  Minn.  VI  6;  Miss.  VI  166;  N.C.  IV  IS; 
N.D.  IV  99;   Ohio  IV   14;   S.C.  V  9;   Wis.  VII   10;   Wyo. 

V  17.) 

As  provided  by  law,  to  be  adequate;  to  be  equal  and  uniform 

throughout   state   so   far    as    same   is   paid    out   of    state 

treasury.      (Ky.   133.) 
Not  less  than  $1,500  per  annum.    (Kan.  Ill  13;  Wis.  VII  10.) 
$1,800  per  annum  in  constitution;  now  $3,300;  Ohio  county 
may  pay  an  additional  sum  per  annum  but  such  allowance 
not  to  be  increased  or   diminished   during  term  of  office 
of  judges  to  whom  made.      (W.Va.  VIII  16.) 
Xot  more  than  $2,000  per  annum,  until  increased  by  legis- 
lature on  two-thirds   vote   of  each  house.      (Ga.   VI   Sec. 

XIII   1,  2.) 
Xot  less  than  $2,000.      (Va.  VI   103.) 
$2,500  per  annum.      (Tex.  V  7.) 

Xot  more  than  $2,500  per  annum.     (S.D.  V  30,  XXI  2.) 
$2,750  per  annum.      (Fla.  V  S.) 

$2,800  per  annum  in  constitution;  now  $3,600.    (Md.  IV  24.) 
$3,000  per  annum.      (La.   10S;   Xebr.  VI   13.) 
$3,000  per  annum  until  otherwise  provided  by  law.     Ida.  V 

17;  111.  VI  16;  Utah  VIII  20.) 
Xot  less  than  $3,000  per  annum.      (Wash.  IV  14.) 
$3,500  per  annum  until  otherwise  provided  by  law.      (Mont. 

VIII  29.) 
$4,000  per  annum  until  otherwise  provided  by  law.      (Colo. 

V  30,  VI  18.) 
$4,500  per  annum.      (X.M.  VI   17.) 
From  $6,000  to  $3,600  per  annum  until  otherwise  provided 

by  law.      (Xev.  XVII  16,  17.) 
$7,000   per   annum    for   first   term    succeeding   formation   of 

state  government.  (Xev.  XVII  5.) 
$1.0,000  per  annuna,  Those  assigned  to  intermediate  court 
of  appeals  in  third  and  fourth  departments,  additional 
$2,000,  and  presiding  judge  of  said  courts  .^l'.^oo  addi- 
tional; those  elected  in  the  first  and  second  judicial 
departments  shall  continue  to  receive  from  their  re 
spective  cities,  counties  or  districts,  as  now  provided  by 


>38  State  Constitutions 


COURTS  {Cont'd) 

General  Trial  Courts   (Cont'd) 
Judges   (Cont'd) 

Compensation    (Cont'd) 

law,  such  additional  compensation  as  will  make  their 
compensation  what  they  are  now  receiving.  Those  judges 
elected  in  any  judicial  department  other  than  the  first  or 
second  assigned  to  the  appellate  division  of  the  tirst  or 
second  departments,  shall,  while  so  assigned,  receive  from 
those  departments,  respectively,  as  now  provided  by  law, 
such  additional  sum  as  is  paid  to  judges  of  those  depart- 
ments; judges  in  third  and  fourth  department  assigned  to 
appellate  division  or  designated  by  governor  to  hold  a  trial 
or  special  term  in  judicial  district  other  than  that  in 
which  elected  shall  receive  in  addition  $10  per  day  for 
expenses  while1  actually  so  engaged,  which  shall  be  paid 
by  state  and  charged  upon  judicial  district  where  service 
is  rendered.      (N.Y.  VI   12.) 

To  receive  a  salary,  and  in  addition  to  salary  paid  from 
state  treasury,  each  judge  may  receive  from  county  in 
which  he  regularly  holds  court  such  additional  salary  as 
may  be  determined  from  time  to  time  by  board  of  super- 
visors of  county;  in  any  county  where  such  additional 
salary  is  granted  it  shall  be  paid  at  same  rate  to  all 
circuit    judges    regularly    holding    court    therein.      (Mich. 

VII  12.) 

Xo  additional  compensation  for  serving  as  judge  of  inter- 
mediate court  of  appeals.     (111.  VI  11.) 

Mileage  paid.      (Utah  VIII  20.) 

Mileage,  same  as  members  of  legislature.      (W.Ya.  VIII  16.) 

Compensation  to  be  in  lieu  of  all  other  compensation  and 
allowances  for  expenses.      (N.Y.  VI  12.) 

Fees  and  perquisites  prohibited.  (Ark.  VII  IS;  Colo.  VI  18; 
Kan.  Ill  13;  La.  96;  Minn.  VI  6;  Mont.  VIII  30;  Xebr. 
VI   14;   Xev.  XVII  5;    Ohio   IV    14;    S.C.  V  9;    S.D.  V   30. 

XXI  2;   Wis.  VII   10.) 

Increase  prohibited  during  continuance  in  office.      (Miss.  VI 

166.) 

Increase  prohibited  during  term  for  which  elected.  (Ida.  V 
27;  111.  VI  16;  Kan.  Ill  13;  Mo.  VI  33;  X.D.  IV  9!); 
Ohio  IV  14;  Utah  VIII  12;  Wyo.  V  17.) 

Increase  prohibited  after  election  and  during  term  for  which 

elected.      (Wash.  IV  13.) 

Increase  or  decrease  prohibited  during  term  for  which 
elected,  unless  a  vacancy  occurs;  successor  of  former 
incumbent  to  receive  only  salary  provided  by  law  at  time 
of  election  or  appointment.      (Xev.  VI  15.) 

l)e. irea's'e  prohibited  during  continuance  in  office.  (Ind.  VI 1 
13;   Md.  IV  24;   Minn.  VI  6;    Miss.   VI   166;    Mont.  VIII 

29.) 


Index  Digest  -'I'!'-1 


COURTS  (Confd) 

General  Trial  Conns  (Cont'd) 
Judges   (Con I'd) 

Compensation    ( Cont'd) 

Decrease  prohibited  during  term  for  which  elected.  (Ark. 
VII  IS:  (.'a.  VI  See.  Mil  1.  2;  Ida.  Y  27;  ill.  VI  Hi;  Mo. 
VI  33;  X.l).  IV  99 ',  Ohio  IV  II:  S.< '.  V  !>;   Utah  \  III    12; 

Wyo.  V  7. ) 

Decrease   prohibited   'luring  term    for   which   elected    in   all 

counties    having    but    one    judge    and    in    all    counties    in 

which  terms  of  judges  expire  at  same  time.     (Cal.  VI  17.) 

Payable  by  state.      (Mont.  VIII  2!> ;  X..U.  VI   17.) 

Payable  out  of  state  treasury.      (Oh.  V I   Sec.  MM    1;    Utah 

VIII   20.) 
Payable    one-half    by    state;    one-half    by    county    in    which 

elected.     (Cal.  V  1   17.) 
Payable   one-half   by    state,    one-half   by    counties    for    which 
elected;  amount  paid  by  counties  to  be  apportioned  accord- 
ing  to  their  respective   populations.     Salary  of   judge  of 
Richmond  court  paid  by  state.     (Va.  VI  103.) 
Payable   one-half   by    state,    one-half    by    counties    in    which 
elected;  amount  paid  by  counties  to  be  apportioned  accord- 
ing to  assessed  value  of  taxable  property  determined  by 
next  preceding  assessment.      (Wash.  IV  13.) 
Payable  out  of  county  treasury  in  counties  composing  their 

respective  districts.     (Xev.  VI  15.) 
Provisions  to  be  made  for   setting   apart    from    each  year's 

revenue  enough  to  pay.      ( Xev.  VI  15.) 
Payable  at  stated  times.      (Ind.  VII  13;   Kan.  Ill    13;   Ky. 
133:  Minn.  VI  6;  Mo.  VI  33;  Mont.  VIII  2ft;  Ohio  IV  14: 
Utah  VIII  12;  Wash.  IV  13.) 
Payable  monthly.      (Mich:  VII  12.) 
Payable  monthly,  on  their  own  warrant.     (La.  108.) 
Payable  cpiarterly.      (111.  VI  lfi:  Mont.  VIII  29;  X..M.  VI  17; 

Xev.  VI  15;  Utah  VIII  20.) 
Xo   judge   to   receive   salary  until   he  makes   and    subscribes 
affidavit  that  no  cause  in  his  court  remain-  pending  unde- 
cided  that  has  been   submitted   for  decision  for  period  of 
90  days.      (Cal.  VI  24.) 
Same;   30  days.      (Ida.  V   17. 
Conservators  of  P&Ace 

To  be  within  their  respective  districts.      (Ark.  VII   13;   Mo. 

VI  25;  N.M.  VI   21.) 
Dual  Office  Holding 

Not  to  bold  seal   in  legislature:     (Ark.  V  7:  Conn.  X    I 
Not   to   hold    any    office    of    trust    or    profit    under    state   or 

United  States.     (Ark.  YIT  1,9.) 
Xot    to   hold    any    Office    or    public1    emp'loymeni    other    than 
judicial  office  during  term  for  which  elected.     (Cal.  VI   1S: 

Wash.  IV  15.) 


34Q  State  Constitutions 

COURTS  (Confd) 

General  Trial  Covets   (Cont'd) 
Judges   (Cont'd) 

Dual  Office  Holding   (Cont'd) 

Not  to  hold  any  office  during  term  for  which  elected  except 

that  of  judge  of  highest  court.     (Iowa  V  5.) 
Xot   to   hold    any   office   of   trust   or   profit   under   state   or 
United  States,  during  term  for  which  elected.      (Kan.  Ill 

13.) 

Not  to  hold  other  office  under  government  of  state;   except 

justice  of  peace,  or  militia  office.      (Mass.  Amend.  VIII.) 

Not   to   hold   any   office   in   state   other   than    judicial   office 

during  term  for  which  elected  and  for  one  year  thereafter. 

(Mich.  VII  9.) 

Not   to   hold   any   office   under   state  or   United   States;    all 

such  elections  or   appointments  by  people,  legislature  or 

otherwise,  void.     (Minn.  VI  11.) 

Not  to  hold  any  office  while  he  remains  in  office.      (Mont. 

VIII   35.) 
Not   to   hold   any   office  in   state  other   than   judicial   office. 

(N.M.  VI  19.) 
Not  to  hold  any  office  or  public  trust;  votes  for  them  for 
any  other  than  a  judicial  office,  by  legislature  or  people, 
to  be  void.  (N.Y.  VI  10.) 
Not  to  hold  any  office  other  than  judicial  office  during  term 
for  which  elected  or  appointed;  all  such  elections  or 
appointments   by   people,    legislature    or    otherwise,    void. 

(N.D.  IV  119.) 

Not   to   hold   any   office    or   trust   or   profit   under   state   or 

United  States;  all  such  elections  by  people  or  legislature, 

void.     (Ohio  IV  14.) 
Not  to  hold  any  .office  under  state  or  United  States  or  any 

other  power.      (S.C.  V  9.) 
Not  to  hold  any  office  or  public  trust  during  continuance  in 

office.     (Va.  VI  105.) 
Not  to  hold  any  office  or  public  trust   other  than   judicial 
office  during  term  for  which  elected;  all  such  elections  by 
legislature  or  people,  void.      (Wis.  VII   10.) 
Election,  Time  of 

As   to   whether;   elected   or   appointed,   <b'cc   below,    tJiis   sub- 
division, Judges  —  How  Selected. 
As  prescribed  by  law,  but  change  in  time  of  election  not  to 
affect   right    to   hold   office   for   fall   term.      (Ala.   VI    152, 

155.) 
As  prescribed  by  law.  legislature  may  provide  for  elect  inn 
on  different  day  from  that  on  which  an  election  is  held 
for  any  oilier  purpose,  and  for  this  purpose  may  extend 
or  abridge  term  of  office  of  any  judge  then  holding  office, 
but  in  no  case  more  than  six  month-.      ((  olo.  VI   15;  Tnd. 

II  14;  S.D.  V  26.) 


Im>ex  Digest  ■ '■'•  I  I 


COURTS  {Cont'd ) 

General  Trial  Courts  (Cont'd) 
Judges    (Cont'd) 

Election,  Time  of   (Cont'd) 

At    general    state   election.      (Ariz.    VI    ;"» :    Iowa    V    11;    Ky. 

129;   Wash.  IV   15;   Wyo.  V    19.) 
At  general  state  election  next   preceding  expiration  of  their 
respective   terms.      (Ga.   VI   Sec.    Ill    2;    Nebr.   XVI    13; 

Okla.   VII   9.) 
At  time  of  election  of  representatives  in  Congress.     (N.M.  VI 

12.) 
First  Monday  in  April.     (Mich.  VII  9.) 
First  Monday  in  June.      (111.  VI  14.) 

To  be  held  on  the  municipal  election  day,  Tuesday  next  fol- 
lowing first  Monday  of  November  in  each  odd  numbered 
year,  but  legislature  may  fix  a  different  day.  two-thirds  of 
all  members  of  each  house  consenting,  provided  that  such 
election    shall    be    held    in    odd    numbered    years.       (Pa. 

VIII  3.) 
Tuesday  after   first  Monday  in  November,   1914,   and  bien- 
nially thereafter.     (Vt.  II  35.) 
Tuesday  after  first  Monday  in  November,   1916,   and  every 
four  years  thereafter.      (La.  109   (1914).) 

Free  Passes 

During  term  of  office  not  to  accept,  hold  or  use  free  pass  nor 
purchase,  receive  or  accept  transportation  over  railroad 
within  state  for  himself  or  family  on  terms  not  open  to 
general  public,  and  on  conviction  to  forfeit  office,  be  guilty 
of  felony,  and  punished  by  fine  of  not  more  than  $1,000  or 
by  imprisonment  in  penitentiary  not  less  than  one  nor 
more  than  five  years.     (X.M.  XX  14.) 

How  Selected 

Appointed  by  governor;    confirmed  by   senate.      (Fla.  V   8; 

Miss.  VI   153.) 
Appointed   by   legislature   upon   nomination   of   governor    in 

manner  prescribed  by  law.      (Conn.  Amend.  26.) 
Appointed  by  governor  until  next   general  election   in   new 
district  if  court  is  created  more  than  six  months  before  a 
general  election  for  general  trial  court  judges.      (Ala.   VI 

159.) 
Elected  by  legislature  on  joint  vote  of  both  houses.     (S.C.  V 

13;  Va.  VI  96.) 

Elected  by  legislature  on  joint  vote  of  both  houses;  presiding 

officer  of  senate  to  preside  and  have  casting  vote,  hut   no 

other.     (N't.  11  42.) 
Elected  at  large  on  non-partisan  ballot.     (Ariz.  VI  5.) 
Elected  by  qualified  voters  of  state  at  large;  legislature  may 
provide  for  election  bv  qualified  voters  of  district.      (N.( 

IV  21.) 


3&2  Statu  Constitutions 


COURTS  {Cont'd) 

General  Trial  Courts  (Von I'd) 
Judges   (Cont'd) 

How   Selected    (Cont'd) 

Elected  by  electors  qualified  to  vote  for  members  of  legisla- 
ture of  whole  state;  additional  judges  elected  or  appointed 
as  prescribed  by  law.      (Ca.  VI  Sec.  Ill  2.) 
Elected  in  each  judicial  circuit.      (Mich.  VII  9.) 
Elected  by  qualified  voters  of  county.     (Ariz.  VI  5;  Ohio  IV 

3;  Wash.  IV  5.) 
Elected  by  qualified  voters  of  county,  or   city  and  county. 

'  (Cal.  VI  6.) 
Elected  by  qualified  voters  of  district.  (Ala.  VI  152;  Ark. 
VII  13."  17;  Colo.  VI  12;  Ida.  V  11;  Ind.  VII  9;  Iowa  V 
5;  Kan.  Ill  5;  Ky.  120;  La.  (1914)  109;  Minn.  VI  4; 
Mo.  VI  25;  Nebr.  VI  10;  Nev.  VI  5;  N.M.  VI  12;  N.Y. 
VI  1;  Okla.  YU  9;  S.D.  V  15;  Tenn.  V  7;  Tex.  V  7; 
Utah  VIII  5;  YY.Ya.  VIII  10;  Wis.  VII  7;  Wyo.  V  19.) 
Elected  by  electors  of  districts.     If  more  than  one  judge  in 

district,  severally  by  general  ticket.       (111.  VI  13,  15.) 
Circuit  courts  to  be  field  by  one  or  more  of  judges  of  inter- 
mediate  court  of   appeal,   or   a   judge  appointed  for  that 
purpose.      (X.J.  VI  Sec.  V  2.) 
The  five  state  judges  shall  designate  those  of  their  number 
who  shall  hold  said  court;   no  more  than  three  of  them 
shall  sit  together.     (Del.  IV  1.) 
In  case  court  of  common  pleas  heretofore  established  is  abol- 
ished, legislature  may  constitute  judge  one  of   judges  of 
general  trial  court   of  district  wherein  common  pleas  was 
established,  for  a  period  not  exceeding  unexpired  term  for 
which  he  was  elected.     (Minn.  VI  4.) 
Time  of  election,  See  above,  this  subdivision,  Judges  —  Elec- 
tion. Time  of. 
Impeachment,  See  Impeachment. 
Non-Judicial   Duties 

Not  to  perform  any  to  which  may  belong  any  emoluments. 

*  (111.  VI   16.) 
Not  to  be  imposed  except   as  provided  in  constitution.      (La. 

96.) 

Number 

One  for  each  district.      (Ala.  VI   142;   Ark.  VII  13;   Ida.  V 
11;    Ind.  VII   8;    Nebr.   VI    10;    N.C.   IV   10;    S.C.  V    13; 
Tex.  V  7;  Va.  VI  90;  Wyo.  V  19.) 
At   least   one  for  each  county.      (Wash.  IV  5.) 
One  or  more  for  each  district   as  may  be  prescribed  by  legis- 
lature.     (Minn.  VI  4.) 
One  for  each  district;    legislature  may  increase.      (N.D.   IV 

104.  106.) 
One  for  each  district:   may  lie  increased  in  any  district  by 
legislature.      (Mich.  VII  8.) 


Index  Digest  3  l  ! 


COURTS  [Cont'd) 

General  Trial  Courts  (Cont'd) 
Judges    {Cont'd) 

A  umbt  r   i  Cont'd) 

One  for  each  district;  may  be  increased  in  anj  districl  bj 
legislature;  special  organization  for  particular  counties 
[as  to  irliidi.  Se§  below,  this  m/<  .  General  Trial  Coi  bts 
for  Civil  Cases  Only),,  (Pa.  \"  5,  6.) 
One  for  each  district;  may  be  increased  in  any  district  bj 
two-thirds  vote  of  members  of  each   house.      (S.I).    V    1.1, 

17.) 

One   for   each   district;    may   lie    increased    or   decreased    by 

legislature;   provided  at   least   one  judge  for  each  district. 

(Mont.   VIII    1  1. 
One  for   each   district;    may   be   increased    or   diminished    in 
any  district,  provided  at   least  one   for  district.      (Ga.  VI 

Sec.  Ill   1.) 
One  for -each  district;   number  may  be  increased  or  dimin- 
ished by  legislature  at  any  regular  session,  but  change  not 
to  have  effect  of  removing  judge  from  office.     (Iowa  V  5, 

10.) 
One  for  each  district;  legislature  may  increase  or  diminish, 
but  change  not  to  affect  removal  of  judge  from  office  dur- 
ing term  for  which  elected  or  appointed;  total  number  of 
judges  in  all  districts  not  to  exceed  four  until  taxable 
value  of  property  in  state  over  sUmi.i .000.     (Wyo.  V  19, 

21.) 

One  or  more  for  each  district;  may  be  increased  or  dimin- 
ished in  any  district  by  two-thirds  vote  of  members  of 
each  house.     (Colo.  VI  12.  14.) 

One  judge  elected  from  each  district  unless  legislature 
divides  state  into  districts  of  greater  population  and 
territory,  then  limit  is  four  judges;  special  provision  for 
Cook  county.      (111.  VI  13,  15,  23.) 

One  for  each  county  of  more  than  30,000  by  census  enumera- 
tion; one  judge  for  every  additional  30.000  or  a  majority 
fraction  thereof.      (Ariz.  VI  5.) 

One  for  each  district  in  counties  having  a  city  of  20,000 
inhabitants  and  a  population  including  city  of  10,000,  con- 
stituting a  separate  district,  legislature  may  provide  an 
additional  judge  when  population  reaches  75,000  and  judge 
for  each  additional  50,000  population  above  100,000. 
County  having  population  of  150,000  or  over  to  be 
entitled  to  four  judges.  Legislature  may  authorize  addi- 
tional judges  not  to  exceed  one  for  each  increase  of  40,000, 
to  be  ascertained  by  last  enumeration.      (Ky.  137.  L'is.i 

One   for   each   district   except   first;    two    for    first.      (W.Va. 

VIII    in.) 

One  for  each  district   except   thirteenth;   two  for  thirteenth. 

(Okla.  VII   9.) 


;J44  State  Constitutions 

COURTS  (Cont'd) 

Genebal  Trial  Courts   (Cont'd) 
Judges    (Cont'd) 

Number   (Cont'd) 

One   for    each   district   except   first;    three    in    first    district. 

(Xev.  VI  5.) 
One  for  each  district;  where  district  composed  of  one  county 
legislature  may  increase  to  five;  St.  Louis  county  to  have 
five  and  such  additional  number  as  may  be  prescribed  by 
legislature.  (Mo.  VI  24,  27,  28.) 
One  or  two  judges  as  specifically  designated  for  each  county; 
San  Francisco,  12;  legislature  may  by  two-thirds  vote 
of  members  of  each  house  increase  or  decrease  number,  but 
reduction  not  to  affect  judge  who  has  been  elected.      (Cal. 

VI  6,9.) 

One  for  each  district,  except  those  specified  as   having  two 

and   those   specified    as   having    three;    legislature  not   to 

increase  number  in  any  district.      (La.  109   (1914).  110.) 

One  to  three  for  each  district  as  may  be  jirescribed  by  law. 

(Utah  VIII  5,  6.) 
Three  for  each  district  except  fourth;  four  in  fourth  district. 

(Md.  IV  81.) 
Eight,  one  judge  assigned  to  each  district.  (Fla.  V  8.) 
One  resident  judge  and  such  additional  judges  as  may  be 
provided  in  each  county.  Laws  may  increase  beyond  one 
or  diminish  to  one  number  of  judges  whenever  two-thirds 
of  members  elected  to  each  house  concur ;  but  no  change 
addition   or   diminution   shall   vacate   office  of   any   judge. 

(Ohio  IV  3,  15.) 
Judges  now  in  office,  judges  transferred  from  trial  courts 
abolished  by  article  VI,  section  5  of  constitution,  and 
12  additional  judges;  legislature  may  from  time  to  time 
increase  number  of  judges  in  any  judicial  district  except 
that  in  first  and  second  districts,  or  in  any  of  districts 
into  which  second  district  may  be  divided,  number  not 
to  be  increased  to  exceed  one  judge  for  each  80,000  or 
fraction  over  40,000  of  population  as  shown  by  last  state 
or  federal  census  or  enumeration,  and  in  any  other 
district  not  to  be  increased  to  exceed  one  judge  for  each 
60.000  or  fraction  over  35,000  of  population  as  shown  by 
last  state  or  federal  census  or  enumeration.  Legislature 
may  provide  for  election  of  additional  judges  in  new  dis- 
trict, if  created  out  of  second  district,  not  exceeding  limit 
herein  provided.  (N.Y.  VI  1.) 
Ad  litem   appointees,  8ee  above,  this  subdivision,  JUDGES  — 

Ad  Litem  Appotxtees. 
Oath  of  Office 

Take    and    subscribe;    substance   set    forth;    oath   filed    with 

secretary  of  state.      (Ariz.  VI  21;   Wash.  IV  28.) 
Filed  with  secretary  of  state.      (Colo.  XII  9.) 


Index  Digest  :i  \:> 


COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Judges   (Cont'd) 

Power  of  Appointment 

None    except    to    appoint    court    clerk    in    case    of    vacancy. 

(Mich.  VII  2.1 
Power  to  Act  in  Other  Districts 

May  act  in  other  districts  as  prescribed  by  law.      (Ark.  VII 
22;  Ga.  VI  Sec.  Ill  1;   Miss.  VI  15S;  N.D.  IV  116;  S.D. 

V  29.) 
May  act  in  other  districts  at  request  of  judge  of  other  dis- 
trict.     (Ariz.  VI   7;   Cal.   VI   8;    Ida.   V   12;   Mo.  VI  29; 
N.M.  VI  15;   Utah  VIII  5;  Wash.  IV  7.) 

May  hold  court  for  each  other.      (Ala.  VI  144;  Colo.  VI  12; 

Mont.  VIII  12;  Kebr.  VI  12;  Ohio  IV  3;  W.Va.  VIII  11; 

Wis.   VII    11;    Wyo.    V    11.) 
May  exchange  districts  or  hold  courts  for  each  other  when- 
ever deemed  by  them  expedient.      (Tex.  V   11.) 
If  vacancy  occurs  in  office  of  judge  of  any  circuit,  his  term 

of   court   or   any    unexpired   portion   thereof,   may  be  held 

by  judge  of  any   other  circuit.      (Mo.  VI  29.) 
If    judge    of    district    is    sick,    his    term    of    court,    or    part 

thereof  unfinished,  may  be  held  by  a  judge  of  any  other 

circuit.     (Mo.  VI  29.) 
If  judge  of  any   circuit   be  absent  or  from  any  other  cause 

unable  to  hold  term  or  part  of  term  of  court,  a  judge  of 

any  other  circuit   may  hold  same.      (Mo.   VI   29.) 
Until  legislature  makes  provision  therefor,  chief  justice  of 

highest    court    may    assign    any    judge   to    any    county    to 

hold  court  therein.      (Ohio  IV  3.) 
Legislature  may  provide,  by  law,  that  judges  of  one  circuit 

may  hold  court  of  another  circuit,  in  cases  of  necessity 

or  convenience.      (Ind.  VII   10.) 
Judge  of  one  circuit  may  be  required  or  authorized  to  hold 

court  in  any  other.      (Va.  VI  97.) 
Legislature  to  provide  by  law  for  interchange  of  judges  and 

for    trial    of    recused    cases   by    interchange   of   judges   or 

otherwise.      (La.    112.) 
If  for  illness  or  other  cause  judge  elected  in  any  district  be 

unable    to    preside    therein,    chief    justice    may    designate 

another  to  hold  any  term  of  court  in   his  place.      (Okla. 

VII   9.) 
Judges    of    circuit    courts    shall    interchange    circuits    witli 

each   other   and   legislature   shall   provide   therefor.      (S.C. 

V  14.) 
When   business    requires,   chief  justice  may    appoint    any    dis- 
trict judge  to  hold  court   in   any  district    and   two  or  more 
may  sit  in  any  district  separately.      (Okla.  VII  9.) 

Obliged    to   act    when    directed    by    chief    justice    of    highest 

court.      (Okla.  VII   9.  i 


346  State  Constitutions 

COURTS  {Cont'd) 

General  Trial  Courts   (Cont'd) 
Judges   (Cont'd) 

Power  to  Act  in  Other  Districts   (Cont'd) 

Obliged  to  act   when   required.      (Wyo.  A'   11.) 
Obliged    to   act    when    required   by    governor.      (Ida.    V    12.) 
In    case    of   disqualification    or    inability    of   judge,    judge    of 
another    county    shall     serve    upon    request    of    governor. 

(Ariz.  VI  7.) 
In  case  of  protracted  illness  of  judge  or  of  other  unavoida- 
ble accident  by  reason  of  which  he  is  unable  to  preside, 
governor  may  require  judge  to  hold  one  or  more  specified 
terms  in  district.  (X.C.  IV  11.) 
If  judge  prevented  by  disability  or  other  cause  from  holding 
court,  or  in  case  of  vacancy,  on  certificate  of  clerk  under 
seal  to  highest  court,  or  any  judge  thereof,  if.  in  judg- 
ment of  court  or  any  judge,  public  interest  so  requires, 
court  or  judge  to  appoint  judge  of  another  district  to 
hold  court  and  discharge  duties  of  disabled  judge;  such1 
appointment  filed  in  clerk's  office  and  entered  on  min- 
utes of  general  trial  court,  and  certified  copy  under  seal 
of    court    transmitted    by    clerk    to    judge    so    appointed. 

(La.  112.) 
Obliged  to  act  when  required  by  law.      (Ala.  VI   144;   Mich. 
VII   S:    Mont.  VIII   12;    Xebr.   VI    12.) 

Power  to  Hold  Preliminary  Examinations,  See  below,   this  title, 

Trials  —  Preliminary   Examinations. 
Prohibited  from    Sitting 

Until    legislature   makes   provision    therefor   chief   justice   of 
highest    court   to    pass  upon    disqualification    or    disability 
of    any    judge.      (Ohio    IV    3.) 
No  more  than  three  of  the  five  stated  judges  designated  to 
hold  court  shall  sit  together.      (Del.  IV  1.) 

Prohibitions  on  Practice  of  Lair 

Shall    not    act    as    attorney    or    counsellor.       (Colo.    VI    18: 

Xebr.  VI  14;  X.D.  IV  117:   S.D.  V  31;  Wyo.  V  26.) 
Shall  not  practice  law7  in  any  court  of  state.      (Kan.  Ill  13; 

Mo.    VIII    31.) 
Shall  not  practice  law    in  any  court  in   state,  or  act  as  ref- 
eree.     (X.Y.    VI    20.) 
Shall    not    practice    law    in    any    court,    state    or    federal,    in 

state.      (Ark.  VII  25.) 
Shall    not    practice   law    within    or   without    state.       ( Va.    "N'T 

105.) 
Qualifications  —  In    (lateral 

Shall   possess  same  qualifications  as  judges  of  highest  court 
(live    years    practicing    law.    or    on    bench    somewhere    in 

United  States).      (Va.  VI  96.) 


Im»k\    I  )|(,KST  3  I  l 


COURTS  {Cont'd) 

General  Trial  Courts  (Cont'd) 
Judges   (Cont'd) 

Qualifications  —  In  tren&rat   (Cont'd) 

Shall   possess  same  <pialitications  a>  jttdges'  of  highest   court 

(30  years  of  age.  United  States  citizenship,  citizen  of  state 

for  five  years,  learned  in   the  law).      (Mo.  VI    13.) 

Shall  possess  same  qualifications  as  judge's  of  highest  court 

(30  years  practicing  law.  and  resided  in  state  three  years). 

IN.M.  VI   13.) 
Qualifications  —  Age 

At  least  25  years.      (Ariz.  VI   13;    ill.   VI    17;    Mont.   VIII 
16;  N.D.  IV  107;  Okla.  VII  9;  S.D.  V  25;  Utah  VIII  5; 

Wis.  VI  r  10.) 
At  least  26  years.     (Miss.  VI  154;  S.C.  V  10.) 
At  least  28  years.      (Ark.  VII  16.) 
At    least    30   years.      (Colo.   VI    16;    Ga.   VI    Sec.    XIV    1; 

Ida.  V  23;  Mo.  VI  26;   Tenn.  VI  4.) 
At  least  35  years.      (Ky.  130.) 
At  least  38  years.      (Wyo.  V  12.) 
Qualifications  —  Attorney 

Admitted  to  practice.      (Utah  VIII  5.) 
Admitted  to  practice  in  state.      (X.Y.  VI  20.) 
Admitted  to  practice  in  courts  of  record  of  state.      ( Wash. 

IV   17.) 
Admitted    to   practice   in   highest   court   of   state.      (Cal.   VI 

23;    Mont.    VIII    16.) 
Admitted  to  practice  in  highest  court  of  state  for  at  least 

two  years.      (Ariz.  VI   13.) 

Admitted  to  practice,  or  whose  services  as  judge,  when  added 

to  the  time  he  may  have  practiced,  amounts  to  at  least 

four    years.      (Tex.    V    7.1 
Admitted    to   practice,    or   whose    services   as    judge   of   any 
court  of  record,   when   added   to   time  he  ma\    have  prac- 
ticed, amounts  to  at  least  four  years.      (Okla.  VII  91. ) 
Admitted  to  practice  five  years.      (Miss.  VI  154:   S.C.  V  10.) 
Admitted  to  practice  in  state  five  years.     (La.  109   (1914).) 
Admitted  to  practice,  or  whose  services  as  judge  of  any  court 
of   record,   when    added   to   time    he    may    have    practiced, 
amounts  to  at  least  six  years.      (Ark.  VII   16.) 
Admitted    to    practice    seven    years.      (C>;\.    V]    Sec.    X I V    I.) 
Admitted  to  practice  eighl  years!      (  Ky.  130.) 
Qualifications  —  Character 

Mural   character  good.      (Ark.  VII    ]0.'i 
Qualifications  —  Citizenship 

Citizen   of  United    States.      (Colo.   VI   16;    [da.   V   23;    III. 
VI    17:    Mont.  V11T    16;    X.l>.    I V    107;    Okla.   VII    9;    S.< 
V    10:    S.D.  V  25;    Tex.   V   7:    Wis.   VII    10;    Wyo.   V    I 
Citizen  of  United  States  for  live  years.      I  Mo.  VI  26.) 
Citizen  of  state.      (Ky.   130;    S.C.  V   10.) 


348  State  Constitutions 

COURTS   [Cont'd) 

General  Trial  Courts   (Cont'd) 
Judges   (Cont'd) 

Qualifications  —  Citizenship   (Cont'd) 

Citizen  of  state  for   three  years.      (Ga.  VI   Sec.   XIV   1.) 
Citizen  of  state  for   five  years.      (Miss.  VI   154.) 
Qualifications  —  Education 

Must  be  learned  in  the   law.      (Ariz.   VI   13;   Ark.  VII    16; 
Colo.    VI    16;    Ida.   V   23;    La.    109    (1914);    Minn.   VI   6; 
X.D.  IV  107;   S.D.  V  25;   Utah  VIII  5;   Wyo.  V  12.) 
Qualifications  —  Elector 

A  qualified  elector.      (Ida.  V  23.) 

A    qualified    elector    of    district.      (Colo.    VI     16;    X.D.    IV 

107;  S.C.  V  13;   Wis.  VII  10.) 
A  qualified  elector  of  state  for  three  years.      (Mo.  VI  26.) 
Qualifications  —  Residence 

Need   not   be   in   district.      (Mont.   VIII    16.) 
Resided  in  district.      (Minn.  VI  4:  Mo.  VI  26.) 
Resided  in  district  one  year  next  preceding  election.      (Ala. 

VI  142.) 
Resided  in  district  two  years  next  preceding  election.      ( Ky. 

130;  La.  109   (1914)  ;  Tex.  V  7.) 
Resided  in   state  one  year  next   preceding  election.      (Mont. 

VIII   16.) 
Resided  in   state  one  year  next   preceding  election;    resident 

of  district  for  which  elected.      (S.D.  V  25.) 
Resided  in   state  two  years.      (Ark.   VII    16.) 
Resided   in   state  two  years  next  preceding  election.      (Ariz. 
VI  13;  Colo.  VI  16;'lda.  V  23;  X.D.  IV  107;  Wyo.  V  12.) 
Resided    in    state   two   years    and    district    one   year.      (Okla. 

VII  9.) 
Resided    in    state    three   years    next    preceding    his    election; 

resident  of  district  for  which  elected.      (Utah  VIII  5.) 
Resided    in    state   five   years   next   preceding   election.      ( S.( '. 

V  10.) 
Resided    in    state    five   years   and   district   one   year.      (Tenn. 

VI  4.) 
Resided  in  state  five  years  next  preceding  election;   resident 

of  district  for  which  elected.      (111.  VI   17.) 
Xo  two  in  any  one  district  at  the  time  of  their  election  or 
appointment  shall  reside  in  same  county.     Xot  to  apply  to 
third  circuit  where  there  are  four  judges:    if  two  or  more 
candidates     from     one    county,     that     one    only     declared 
elected    who    lias    highest    number    of    votes    in    circuit;    if 
two  from  same  circuit   have  equal   number   of  votes,   gov- 
ernor   shall    order    new    election    for    one    associate    judge, 
but   Ibe   person    residing   in   another  county   of   the   circuit 
who   lias   the   next    highest   number   of   votes,   shall   be   de- 
clared   elected.      (Md.    IV    21.) 
Residence  during  term,  Sec  below,  this  subdivision.  Judges  — 

Residence. 


Index  Digest  349 


COURTS    (Cont'd) 

General  Trial  Courts   (Cont'd) 
Judges   (Cont'd) 
Removal 

Impeachment,  See    Impeachment. 

By  governor  upon  address  of  legislature.  (Ark.  XV  3: 
Conn.   Amend.   XTI;    Ky.    129;    Tex.    XV   S.) 

By    legislature.      (Cal.   VT    10;    Kan.   Til    15;    X.Y.    VI    11: 

Wi-.  VII    13.) 

By  highest  court  on  information  in  name  of  state  or  in 
other  manner  prescribed  by  law.      (Ind.  XII   12.) 

By  highest  court  on  presentment  in  writing  under  oath  >i 
not  less  than  10  lawyers  practicing  in  incumbent's  court 
and  licensed  to  practice  in  highest  court,  founded  on  their 
knowledge  or  on  written  oaths  of  credible  witnesses. 
Highest  court  to  issue  all  needful  process  and  make 
rules.  Such  causes  to  have  precedence  and  be  tried  as 
soon   as   practicable.      (Tex.   XV   6.) 

For  any  of  causes  specified  in  constitution,  may  be  removed 
from  office  by  judgment  of  highest  court:  suit  may  be  in- 
stituted by  attorney-general  or  district  attorney  when  he 
thinks  it  should  be  instituted,  or  when  directed  to  do  so 
by  governor  or  on  written  request  and  information  of 
25  citizens  and  taxpayers  resident  within  the  district 
over  which  judge  presides;  suits  tried  after  citation 
and  10  days'  delay  for  answering  in  preference  to  all. 
other  suits,  pendency  of  such  suit  not  to  operate  as 
suspension  of  office;  where  officer  acquitted  judgment  ren- 

■  dered  in  solido  against  citizens  signing  request;  judg- 
ment, in  case  of  removal,  shall  extend  not  only  to  re- 
moval from  office  and  disqualification  from  holding  any 
office  of  honor,  trust  or  profit  under  state,  but  also  to  dis- 
qualification for  practice  of  law,  and  the  party  whether 
convicted  or  not,  shall  nevertheless  be  liable  to  prosecu- 
tion   and    punishment    according   to    law.      (La.    221.) 

Vote  required,  two-thirds  of  each  house.  (Ark.  XV  ."> :  Cab 
VI  10;   Conn.  Amend.  XII:   Ky.  129;  Tex.  XV  S.) 

Vote  required,  two-thirds  of  members  elected  to  each  house. 
(Kan.  Ill  1.5;   X.Y.  VI    11:    Wis.  VII    13.) 

Yeas  and  nays  to  be  entered  on  journals.  (Cal.  VI  10:  X.Y. 
VI  11;  Tex.  XV  S;  Wis.  VII  13.) 

For    good    cause.      (Ark.    XV    3.) 

For    conviction    of    corruption    or    other    high    crime.      i  Ind. 

\l!    12.) 

For  willful  neglect  of  duty,  incompetency,  habitual  drunken- 
ness, oppression  in  office  or  other  reasonable  can-'  which 
shall  not  be  sufficient  grounds  for  impeachment  (if  re- 
moved   by    governor    on    address    of    legislature).       (lex. 

XV  8.) 


350  State  Constitutions 

COURTS  (Cont'd) 

General  Trial  Courts   (Von I'd) 
Judges    (Cont'd) 

Removal   (Cont'd) 

For   incompetency   for  duties;    partiality,  oppression,   official 
misconduct :    habits   and   conduct    such    as   to    render   him 
unfit    to    hold    office;    negligent    in    discharge    of    duties; 
failure   to   execute   in   a   reasonable   measure   the  business 
of  his  courts.      (If  removed  by  highest   court  on  present- 
ment of  bar.)       (Tex.  XV  6.) 
For   acceptance   of   free   passes,   etc..   See   above,    tliis   subdi- 
vision, Judges  —  Free  Passes,  etc. 
Causes  entered  at  length  on  journals.      (Tex.  XV  8.) 
Causes    entered    on    journals.      (Cal.    VI    10;    Kan.    Ill    15; 

N.Y.    VI    11.) 
Incumbent   to  be  served  with   copy  of  complaint.      (Cal.  VI 

10;  X.Y.  VI  11;  Wis.  VII  13.) 
Incumbent  to  have  opportunity  to  be  heard.      (Cal.  VI   10: 
X.Y.  VI   11;  Tex.  XV  S;   Wis.  VII  13.) 
Residence 

In  district.      (Ala.  VI   142;   Ark.  VII   13;   Colo.  VI  29;   Fla. 

V  8;  Ida.  V  12;  111.  VI  32;  Ind.  VII  0:  Kan.  Ill  11; 
Minn.  VI  4;  Mo.  VT  25;  Mont.  VIII  10;  Xebr.  VI  20; 
X.M.  VI  14;   X.C.  IV  11:   Ohio  IV  12;  Okla.  VII  9:   S.C. 

V  13;   S.D.  V  37:   Tex.  V  7:  Va.  VI  90;   W.Va.  VIII   10.) 
Removal  from  district  vacates  office.      (Ky.  129.) 

As    qualification     for    office.    See    above,     this    subdivision, 

Judges  —  Qualifications. 
Retirement  on  Account  of  Age 

On  reaching  70.      (Conn.  Amend.  XII.) 
Term  of  Office 

As  prescribed  by  legislature.      (Wis.  VII  7.) 
Two  years.      (Vt.  II  43.) 

Four' years.  (Ark.  VII  17;  Ida.  V  11;  La.  109  (1914); 
Miss.  VI   153:   Xev.  VI  5;   X.Y.  VI  4;    Okla.  VII  9:    S.C. 

V  13;  S.D.  V  15;  Tex.  V  7;  Utah  VIII  5.) 

Four  years,  and  until  successors  are  qualified.  (Ga.  VI 
Sec.  Ill   1;   Til.  VI  32;   Xebr.  VI  20;   X.D.  IV   104.) 

Four  years,  and  until  successors  are  elected  and  qualified. 
(Ariz.  VI  5;   Iowa  V  5:   Mont.  VIII  12;    Wash.  IV  5.) 

Six  years.  (Cal.  VT  0:  Colo.  VI  12;  111.  VI  12.  14:  Ind. 
VII  9;  Minn.  VI  4;  Mo.  VT  25;  Ohio  IV  12,  XVII  2.) 

Six  years,  and  until  successors  are  qualified.      (Wyo.  V  19.) 

Six  years,  and  until  their  successors  are  (deeded  and  quali- 
fied.     (Ky.  129;  Mich,  VI 1   9.) 

Six  years,  and  until  their  successors  are  elected  or  ap- 
pointed and  qualified.      (Ala.  VI   155.) 

Eight  years.      (Tenn.  VI  4:   Va.  VT  90:   W.Va.  VIII   10.) 

May  be  extended  by  law,  but  such  extension  not  to  affect 
term  for  which  any  judge  elected.      (Utah  VIII  24.) 


I  mikx  Digest  351 


COURTS  (ConVd) 

General  Trim,  Courts  (Cont'd) 
Judges   (Cont'd) 

Term  of  Office  (Cont'd) 

Ends    at    different    times    for    different    members    of    court  ; 
specific    provisions    producing    this    result.      (Cal.    VI     6; 

Tex.  V  6;  Va.  \  I  96.) 
Ends  on  same  day  throughout  state.      (Colo.  \*I    L5;   S.D.   V 

26. ) 
Ends  when  circuit   abolished.      (Mo.  VI  24.) 
Begins  first   day  of*  January  next   succeeding  election.     Ga. 

VI  Sec.  Ill  3;  Iowa  V  11;  X.Y.  VI  4.) 
Begins   first   Monday   in  January   next    succeeding  election. 
(Ariz.   VI   5.;    Ky.    129;    Xev.   VI   5;    N.I).    [V    104;    Wyo. 

V   19.) 
Begins  second  Monday  in  January  next  succeeding  election. 

(Wash.    IV   5.) 
Begins  first  Thursday  after   first  Tuesday   in  January  nexl 

succeeding    election.       (Nebr.    XVI    14.) 
Where  more  than  one  judge  in  district,  term  of  such  addi- 
tional  judge,   or   judges,   to  begin   as  prescribed  by   legis- 
lature.     (<Ja.   \T   Sec.  Ill    I.) 
Vacancies 

Filled  by   appointment  by   governor  until  next  general   elec- 
tion.   '  (S.D.  V  15,  37.) 
Filled  by  appointment  by  governor  until   successor  shall   be 
elected  and  qualified  in  manner  prescribed  by  law.      (Ida. 

IV  6;    11  all  VII   10.1 

Filled  by  appointment  by  governor  until   successor   shall   be 

elected     and     qualified;     successor    elected    for    unexpired 

term.      (Mont.    VII]     34.) 

Filled  by  appointment  by  governor  until   successor   shall   be 

elected    and    qualified:    successor    elected    at    first    general 

election,   for   unexpired   term.      (Ariz.   VI   6;    Cal.   \I    6; 

Colo.  VI   29:   Xev.  XVII   22;   X.M.  XX  4:    Wash.   IV   5; 

Wis.  VII  9.) 
To  be  filled  by  appointment  of  governor,  unless  otherwise 
provided  for;  appointees  to  hold  places  until  next  regular 
election  for  members  of  legislature.  If  person  elected  or 
appointed  to  any  office  11. 'gleet  to  qualify,  such  office  shall 
be    appointed   to,   held   and    filled,   as   provided    in    case   of 

vacancies.  (N.C.  IV  in.  25.) 
Filled  by  appointment  by  governor  until  successor  shall  be 
elected  and  qualified:  successor  elected  at  first  general 
election  occurring  more  than  30  days  after  vacancy,  for 
unexpired  term.  (Ga'.  VI  Sec.  TIT  3;  Xebr.  VI  21.) 
To  be  filled  by  special  election  unless  occurring  nine  months 
before  next' general  election  when  tilled  by  appointment  by 
(Ark.  VII   13,  50.; 


352  State  Constitutions 


COURTS  [Cont'd) 

General  Trial  Courts   (Cont'd) 
Judges    {Cont'd) 

\  acancies    (Cont'd) 

Filled  by  election  but  if  unexpired  term  does  not  exceed  one 

year  by  appointment  by  governor.      (111.  VI  15,  32.) 
Filled  by  appointment  by  governor  until  successor  shall  be 
elected     and    qualified:     successor    elected     for    unexpired 
term ;    if    unexpired    term    less    than    two    years    vacancy 
filled    by    appointment    by    governor.      (W.Ya.    VIII    10.) 
Filled  by  appointment  by  governor  with  advice  and  consent 
of  senate;    if  vacancy  occurs  in   recess  of  senate  governor 
appoints   successor    to   hold   office   until   session    of    senate. 
When  temporary  appointment  of  judge  has  been  made  dur- 
ing  recess    of   senate,   governor    no    power   to   remove   the 
person    or    appointee    nor    power    to    withhold    his    name 
from  senate  for  their  action.      (Miss.  VI   177.) 
Filled  by  appointment  by  governor  with  advice  and  consent 
of   senate   where   unexpired   portion   of   term   is   less   than 
one  year:   where  unexpired  portion  of  term  is  one  year  or 
more,   vacancy    filled   by    special    election    to   be    called    by 
governor    and    held    within    60    days    of    vacancy    under 
general  election  laws  of  state.      (La.   109    (1914).) 
Filled  by  appointment  by  governor   with   consent  of   senate, 
if  senate  not  in  session  filled  by  governor:   until  last  day 
of    December   next   after    election   of    successor ;    successor 
elected   at   first   general   election   occurring   not   less   than 
three  months  after  vacancy,  for  full  term.      (X.Y.  VI  4.) 
Ad  litem  appointees,  See  above,  this  subdivision,  Judges  — 

Ad  Litem  Appointees. 
Judges  acting  in  case  of,  See  above,  this  subdivision,  Judges 
—  Power  to  Act  in  Other  Districts. 
Writs 

See  also  below,  this  subdivision,  Writs. 

Certiorari,  power  to  issue  and  to  hear  and  determine.    (Mont. 

VIII  11;  X.D.  IV  10>3.) 
Certiorari,   jurisdiction   and   power   to   issue  with   authority 

to  hear  and  determine  same.      (S.D.  V  14.) 
Certiorari,  power   to  issue.      (Ariz.   VI   6:    Cal.   VI   5;    Nev. 
VI  6;   Okla.  VII   10;    Tex.  V  S;   Utah  VIII   7;   Wash.  IV 

6;   Wyo.  V   10.1 
Certiorari,    power    to    issue    same    at    chambers    as    in    open 

court.      (S.C.  V  25.) 
Habeas  corpus,  power  to   issue  and  to  hear  and  determine. 

(N.D.   IV   103.) 
Habeas  corpus,  power  to  issue  and  to  hear  and  determine  on 
petition  by  or  on  behalf  of,  any  person  held  in  actual  cus- 
tody   in    their    respective    districts.      May    be    issued    and 
served   on   legal   holidays   and  non-judicial   days.      (Mont. 

VIII  11.) 


Iadex  Digest  353 


COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Judges   (Cont'd) 
Writs   (Cont'd) 

Habeas  corpus,  jurisdiction  and  power  to  issue  with  author- 
ity to  hear  and  determine  same.      (S.D.  V   14.) 

Habeas  corpus,  power  to  issue.  (Mont.  Y1JI  11;  (Jkla.  VII 
10;  Tex.  V  8;  Utah  V11I  7.) 

Habeas  corpus,  power- to  issue,  on  petition  by  or  on  behalf 
of  any  person  in  actual  custody  in  their  respective  coun- 
ties. May  be  issued  and  served  on  legal  holidays  and 
non-judicial  days.      (Wash.  IV  6.) 

Habeas  corpus,  power  to  issue  on  petition  by  or  in  behalf 
of,  any  person  held  in  actual  custody  in  their  respective 
districts.     (Nev.  VI  6.) 

Habeas  corpus,  power  to  issue  on   petition  by  or  in  behalf 
of   any   person   in   actual   custody   in   their   respective  dis- 
tricts.     (Wyo.  V  10.) 

Habeas  corpus,  power  to  issue  on  petition  by  or  in  behalf  of 
any  person  in  actual  custody  in  their  respective  counties. 

(Ariz.  VI  6;  Cal.  VI  5;  La.  115.) 

Habeas  corpus,  power  to  issue  if  not  directed  to  judges  or 
courts   of  equal  or  superior  jurisdiction.      (N.M.  VI   13.) 

Habeas  corpus,  power  to  issue  within  their  respective  coun- 
ties, to  justices  of  peace  and  other  inferior  courts  not  of 
record,  and  to  cause  their  proceedings  to  be  brought  be- 
fore them,  and  right  and  justice  to  be  done.      (Pa.  V  10.) 

Habeas  corpus,  power  to  issue  same  at  chambers  as  in  open 

court.      (S.C.  V  25.) 

Injunctions,  power  to  issue  and  to  hear  and  determine. 
(Mont.  VIII   11;   N.D.  IV  103., 

Injunction,  jurisdiction  and  power  to  issue  with  authority 
to  hear  and  determine  same.        (S.D.  V   14.) 

Injunctions,  power  to  issue.  (Nev.  VI  6;  Okla.  VII  10; 
Tex.  V  8;  Utah  VIII  7;  Wyo.  V  10.) 

Injunction,  power  to  issue  if  not  directed  to  judges  or 
courts  of  equal  or  superior  jurisdiction.      (N.M.  VI   13.) 

Injunction,  power  to  issue  returnable  to  court  of  chancery 
or  courts  having  jurisdiction  of  courts  of  chancery.    (Ala. 

VI   144.) 

Interlocutory  writs  or  orders  of  injunction,  power  to  issue 

.   same  at  chambers  as  in  open  court.      ( S.C.  V  25. ) 

Mandamus,    power    to    issue    and    to    hear    and    determine. 

(Mont.  VIII  11.) 

Mandamus,  jurisdiction  and  power  to  issue  with  authority 
to  hear  and  determine  same.      (S.D.  V  14.) 

Mandamus,  power  to  issue.  (Ariz.  VI  6;  Cal.  VI  5;  Ga. 
VI  Sec.  IV  5;  Nev.  VI  6;  Okla.  VII  10;  Tex.  V  8;  Utah 
VIII  7:   Wash.  IV  6;  Wyo.  V  10.) 


12 


;j.">4  State  Constitutions 

COURTS   [Cont'd) 

General  Trial  Courts   (Cont'd) 
Judges   (Cont'd) 

Writs    (Cont'd) 

Mandamus,    power    to    issue    same    at    chambers   as    in    open 

court.      (S.C.  V  25.) 

Mandamus,    power    to    issue    if    not    directed    to    judges    or 

courts  of   ecpial   or   superior   jurisdiction.      (N.M.   VI    13.) 

Prohibition,    power    to    issue    and    to    hear    and    determine. 

(Mont.  VIII  11.) 

Prohibition,   power   to   issue.      (Ariz.   VI   6;    Cal.  VI  5;    Ga. 

VI  Sec.  IV  5;   Okla.  VII   10;  Utah  VIII  7;   Wash.  IV  6; 

Wyo.  V   10.) 

Prohibition,    power    to    issue    if    not    directed   to    judges   or 

courts  of  ecpaal  or   superior  jurisdiction.      (N.M.   VI   13.) 

Prohibition,   power   to   issue   same   at   chambers   as   in   open 

court.      (S.C.    V    25.) 
Quo   warranto,   power   to   issue  and  to  hear  and   determine. 

(Mont.  VIII  11;  N.D.  IV  103.) 
Quo  warranto,  jurisdiction  and  power  to  issue  with  author- 
ity to  hear  and  determine  same.      (S.D.  V   14.) 
Quo  warranto,    power   to   issue.      (Ariz.   VI    6;    Cal.   VI    5; 

Okla.  VII  10;  Utah  VIII  7;  Wash.  IV  6;   Wyo.  V  10.) 
Quo  warranto,  power  to   issue  if  not  directed  to  judges  or 
courts  of  equal  or  superior  jurisdiction.      (N.M.   VI   13.) 
Quo  warranto,  power  to  issue  same  at  chambers  as  in  open 

court.      (S.C.  V  25.) 
Review,  power  to  issue.      (Ariz.  VI  6;  Wash.  IV  6;  Wyo.  V 

10. ) 
Scire  facias,  power  to  issue.     (Ga.  VI  Sec.  IV  5.) 
In   vacation   any   judge  of  appropriate   court  may   issue  all 
necessary  writs  to  carry   into  effect  the  general  and  spe- 
cific  powers  of  their   courts.      (Ark.   VII    14.) 
Power  to   issue  all  other  that  may  be  necessary  for  carry- 
ing their  powers   fully   into  effect.      (Ga.  VI   Sec.   IV  5.) 
Power   to   issue   and   to   hear   and   determine   other   original 
and    remedial    writs.       (Mont.    VIII    11;    N.D.    IV    103.) 
Power    to    issue    all    other    writs    proper    and    necessary    to 

complete   exercise    of    their    jurisdiction.      (Nev.   VI    6.) 
Power   to   issue   all   other   writs,   remedial   or   otherwise,   in 
exercise  of  their  jurisdiction   if  not  directed  to  judges  or 
courts  of  equal   or   superior  jurisdiction.      (N.M.   VI    13.) 
Power  to  issue  all  other  writs,  remedial  or  otherwise,  nec- 
essary  or   proper  to   carry   into  effect   their   orders,   judg- 
ments or  decrees.      (Okla.  VII  10.) 
Jurisdiction  and  power  to  issue  other  original  and  remedial 
writs  with  authority  to  hear  and  determine  same.      ( S.D. 

V  14.) 
Power  to  issue  all  writs  necessary  to  exercise  their  jurisdic- 
tion.     (Tex.  V  8.) 


Index  1  )k;  ks  r  355 


COURTS  (Cont'd) 

General  Trial  Courts   (('on I'd) 
Judges    (Cont'd) 

Writs    (Cont'd) 

i'ower    to    L$sue    oilier    writs    ueeessarj    tQ    carry    into    effect 
their  orders,  judgments  and  decrees  and  to  give  them  gen- 
eral   control    over    inferior    courts    and    tribunals    within 
their    respective    jurisdictions.      (  L'tuli     VI II     7.) 
Judgments 

See  also  above,  this  subdivision,  Decisions: 

On  appeal  from  final  judgments  from  justices'  courts  to  be  final 
except    in    cases    involving    validity    or    constitutionality    of    a 

'statute.       (Utah     VIII     9.) 
Any    final    judgment   may    be   docketed   in   intermediate   court   of 
appeal  and  shall  operate  as  a  judgment  obtained  in  the  inter- 
mediate court  of  appeal  from  time  of  such  docketing.      (N.  J. 

VI  Sec.  V  2.) 
Until   otherwise   provided   by    law,   judgment   to   be   signed   after 
three   days   from   rendition    thereof   and   become   executory    10 
days  from  such   signing.      (La.   117.) 

Judicial  Districts 

To  be  divided  into  convenient;  county  having  a  population  of 
20,000  or  more  fey  preceding  federal  census  and  taxable  prop- 
erty according  to  next  preceding  assessment  of  property  for 
state  and  county  taxation  of  $3,f)00,000  or  more,  need  not  be 
included  in  any  district  but  if  its  taxable  property  or  popula- 
tion shall  be  reduced  below  these  figures  the  legislature  shall 
include  such  county  in  a  judicial  district  embracing  more  than 
one  county;  no  district  shall  contain  less  than  three  counties 
unless  there  he  enihraced  therein  a  county  having  a  popula- 
tion of  20,000   or  more  and  taxable  property   of  $3*500,000   or 

more  in  value.     (Ala.  VI  142,  147.) 

Each  organized  county  to  constitute.      (Ariz.  VI  5.) 

Formed  of  contiguous  counties.  Boundaries  of  districts  specifi- 
cally given  in  constitution  until  otherwise  arranged  by  legis- 
lature.    (Ark.  VII  13,  XVIII.) 

Each  organized  county  or  city  and  county  to  constitute.      (Cal. 

VI   0.) 

State  divided  into  judicial  districts  formed  of  compact  territory; 
bounded  by  county  lines.  Boundaries  specifically  given  in  con- 
stitution until  otherwise  arranged  hy  legislature.  Four  dis- 
tricts provided,  but  legislature  may  increase  or  diminish. 
Exercise  of  power  to  change  districts  not  to  effect  removal  of 

any  judge.      (Colo.  VI    12.    13,   14.) 

Boundaries  specifically  designated  in  constitution  until  otherwise 
arranged  by  legislature.  Eight  districts  provide. 1  hut  legis- 
lature  may  create  and  establish  new  ones.      (  1'la.  V  8,  10.) 

Sixteen  districts.  Legislature  to  organize  and  proportion  same 
in  manner  to  equalize  business  and  lahor  of  judges  in  several 


35b'  State  Constitutions 

COURTS  (Cont'd) 

General  Trial  Courts  (Cont'd) 
Judicial  Districts  (Cont'd) 

districts  as  far  as  may  be  practicable.  Legislature  shall  have 
power  to  reorganize,  increase  or  diminish  number  provided  that 
districts  shall  remain  as  now  organized  until  changed  by  law. 

(Ga.  Ord.    (Code  Sec.  6616).) 

Five,  until  otherwise  provided  by  law.  Specifically  designated  in 
constitution    until    otherwise    arranged    by    legislature.       (Ida. 

V   11,  24.) 

State,  exclusive  of  Cook  county  (as  to  which,  See  below,  this 
subdivision,  Special  Organization  for  Cook  County),  and 
other  counties  with  population  of  100,000,  shall  be  divided  into 
districts,  to  be  formed  of  contiguous  counties,  in  as  nearly 
compact  form  and  as  nearly  equal  as  circumstances  will  per- 
mit, having  due  regard  to  business,  territory  and  population, 
and  shall  not  exceed  one  for  each  100,000  of  population.  Xew 
districts  may  be  formed  and  boundaries  changed  by  legislature 
only  at  session  next  preceding  election  for  judges;  provided 
that  districts  may  be  equalized  or  changed  at  first  session  after 
adoption  of  constitution.  Creation,  alteration  or  change  of 
any  district  not  to  affect  tenure  of  office  of  any  judge.  When- 
ever business  of  district  court  of  any  one  or  of  two  or  more 
contiguous  counties  containing  population  exceeding  50,000, 
shall  occupy  nine  months  of  year,  legislature  may  make  of  such 
counties  a  separate  district.  Foregoing  limitations  to  be  ob- 
served in  creation  of  additional  districts.  Legislature  may 
divide  state  into  districts  of  greater  population  and  territory. 

(111.  VI  13,  15.*) 

State   to   be   divided   into   judicial   districts   from   time  to  time. 

(Ind.  VII  9.) 

Legislature  may  prescribe  number.  County  of  Mills  to  be  in  sixth 
judicial  district.  Exercise  of  power  to  change  number  not 
to  effect  removal  of  any  judge.      (Iowa  V  10,  XI   1.) 

Boundaries  specifically  given  in  constitution  until  otherwise 
arranged  by  legislature.  To  be  formed  of  compact  territory; 
bounded  by  county  lines.  New  and  unorganized  counties  to 
be  attached  for  judicial  purpose  to  most  convenient  judicial 
district.  Five  districts,  but  legislature  may  increase  number 
by  two-thirds  vote  of  members  of  each  house.  Exercise  of 
power  to  change  number  not  to  effect  removal  of  any  judge. 

(Kan.  Ill  5,   14,   18,   19.) 

Legislature  to  divide  state,  having  due  regard  to  territory,  busi- 
ness and  population,  into  sufficient  number  to  carry  constitu- 
tional provisions  into  effect.  No  countj'  shall  be  divided. 
Legislature  may,  when  deemed  necessary,  establish  additional 
districts,  whole  number  of  districts,  excluding  those  in  coun- 
ties having  a  population  of  150,000,  not  to  exceed  one  district 
for  each  60,000  of  population  of  entire  state.     Districts  not  to 


Index  Digest  35? 


COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Judicial  Districts  (Cont'd) 

be  changed  except  at  first  session  after  an  enumeration,  unless 
upon  establishment  of  new  district.  Kaeh  county  having  a 
population  of  150,000  or  over  shall  constitute  a  district.  Each 
county  having  a  city  of  20,000  inhabitants  and  a  population 
including  said  city  of  40,000  or  more,  may  constitute  a  dis- 
trict.     (Ky.  128,  132,  134,   137.1 

Boundaries*  specifically  designated  in  constitution  until  other- 
wise arranged  by  legislature.  State  to  be  divided  into  not 
less  than   20   nor  more  than   32,   parish  of  Orleans  excepted. 

(La.   107,   108.) 

Boundaries  specifically   given   in  constitution.     To  be  eight  dis- 
tricts.     (Md.   IV   19.) 

Legislature  may  arrange  various  circuits  into  judicial  districts 
and  provide  for  creation,  alteration  or  discontinuance  of  cir- 
cuits and  districts.  Exercise  of  power  to  change  districts 
not  to  effect  removal  of  any  judge.      (Mich.  VII  8.) 

State  to  be  divided  by  legislature  into  districts,  composed  of  con- 
tiguous territory,  bounded  by  county  lines  and  containing  popu- 
lation as  nearly  equal  as  practicable.  Legislature  may  at  any 
time  change  number  of  districts  or  boundaries,  but  no  change 
shall  vacate  office  of  any  judge.      (Minn.  VI  4,  12.) 

State  to  be  divided  into  convenient  districts.      (Miss.  VI   152.) 

Except  as  otherwise  provided  in  constitution,  divided  into  con- 
venient districts  of  contiguous  counties;  such  circuits  may  be 
changed,  enlarged,  diminished  or  abolished  from  time  to  time 
as  public  convenience  may  require.  County  and  city  of  St. 
Louis  to  constitute  eighth.      (Mo.  VI  24,  IX  24.) 

Boundaries  designated  in  constitution  until  otherwise  arranged 
by  legislature.  Legislature  may  divide  state  or  any  part  into 
new  districts,  formed  of  compact  territory,  bounded  by  county 
lines.    No  change  to  effect  any  judge  in  office.     (Mont.  VIII  12, 

13,   14.) 

Six  districts  designated  in  constitution.  Legislature  by  two- 
thirds  vote  of  members  elected  to  each  house,  may,  after  1880 
and  not  oftener  than  once  in  every  four  years,  increase  mimber 
of  districts.  To  be  formed  of  compact  territory;  bounded  by 
county  lines.  Exercise  of  power  to  change  number,  not  to 
effect  removal  of  any  judge.      (Nebr.  VI  10,  11.) 

Boundaries  designated  in  constitution  may  be  altered,  increased 
or  diminished  by  legislature.  Exercise  of  power  to  change  not 
to  effect  removal  of  any  judge.      (Xev.  VI  5.) 

Eight  districts  designated;  legislature  may  increase  and  rear- 
range in  year  1920  after  publication  of  United  States  census 
and  at  first  session  after  each  census  thereafter.  On  creation 
of  new  counties,  legislature  shall  have  power  to  attach  them 
to  any  contiguous  districts.     (X.M.  VI  12,  10.  25.) 


358  State  Constiti'tioxs 

COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Judicial  Districts  (Cont'd) 

Existing  districts  continued  until  changed  by  legislature.  May 
only  be  altered  once  after  every  enumeration  under  constitu- 
tion, of  inhabitants  of  state.  Legislature  may  erect  out  of 
second  district,  as  constituted,  another  district.      (N".Y.  VI  1.) 

Xine;   legislature  may  increase  or  diminish.      (N.C.  IV  10.) 

Boundaries  designated  in  constitution.  Six  provided,  but  legis- 
lature may,  by  two-thirds  vote  of  e&ch  house  once  in  four 
years,  increase.  To  be  formed  of  compact  territory,  bounded 
by  county  lines.  Exercise  of  power  to  change  not  to  effect 
removal  of  any  judge.  Legislature  to  make  provisions  for 
attaching  unorganized  counties  or  territories  to  organized  coun- 
ties for  judicial  purposes.     (N.D.  IV  104,  105,  106,  115.) 

Boundaries  specifically  designated  in  constitution.  Legislature 
to  attach  any  new  counties  hereafter  erected  to  such  districts, 
or  subdivisions  thereof,  as  shall  be  most  convenient.     (Ohio  XI 

12,  13.) 

Boundaries  specifically  given  in  constitution.  To  be  21  counties 
until  otherwise  provided  by  law.      (Okla.  VII  9,  22,  24.) 

Counties  of  40.000  inhabitants  to  constitute  a  separate  district; 
counties  containing  a  population  less  than  is  sufficient  to  con1 
stitute  separate  district  shall  be  formed  into  convenient  single 
districts  or  if  necessary  may  be  attached  to  contiguous  dis- 
tricts, not  more  than  four  counties  to  be  included  in  one  dis- 
trict.     (Pa.  V   5,  4.) 

Legislature  may  prescribe  number.     (S.C.  V  13.) 

Eight  designated  in  constitution.  May  be  altered  when  two- 
thirds  of  members  of  each  house  of  legislature  concur.  Dis- 
tricts to  be  foTmed  of  compact  territory  and  bounded  by  county 
lines.  Xo  change  to  work  removal  of  any  judge  from  office 
during  term.  Legislature  to  provide  for  attaching  unorganized 
counties  or  territory  to  organized  counties  for  judicial  pur- 
poses.     (S.D.  V  15,   16,  17,  27.) 

Districts  fixed  by  ordinance  forming  part  of  constitution.  State 
to  be  divided  as  provided  by  law,  districts  may  be  increased  or 
diminished  by  law.      (Tex.  V  7,  14.) 

Seven  specifically  designated  in  constitution.  Legislature  may 
increase  or  decrease  number,  but  change  not  to  effect  removal 
of  any  judge.      (Utah  VIII  5,  6,  16.) 

Twenty-four  designated;  legislature  may  increase  or  diminish  and 
may  arrange.  Xo  new  district  created  containing,  according 
to  United  States  census  or  other  census  provided  by  law,  less 
than  40,000  inhabitants,  or  when  creation  will  reduce  number 
in  an  existing  district  below  40,000  according  to  such  census. 

(Va.  VI  94.  95.) 

Each  organized  county  to  constitute.      (Wash.  IV  5.) 


Ini>f,x   DiG-BfeT  359 

COURTS  (Cont'd) 

General  Trial  Cotjbts   (Cont'd) 
Judicial  Districts   (Cont'd) 

Twenty-three  designated;   Legislature  may  rearrange  at   any  see 
sion  preceding  any  general  election  of  judges  of  distrid  courts 
or  it  may  at  any  session  increase  or  diminish  number.    (W.Va. 

VITI  Ki.  I:;.  14.) 
Five  specifically  designated.  Legislature  may  alter  Limits  or 
increase  number,  making  them  as  compact  and  convenient  as 
practicable'  and  hounded  hy  county  lines.  No  increase  or 
alteration  to  effect  removal  of  a  judge.  (Wis.  VII  5,  6.) 
Three  districts  specifically  designated.  Legislature  may  increase 
number,  hut  such  increase  or  change  in  boundaries  not  to  work- 
removal  of  any  judge  during  office,  provided  number  of  districts 
do  not  exceed  four  until  taxahle  valuation  of  property  exceed 
$100,000,000.  Legislature  to  make  provisions  for  attaching 
unorganized  counties  or  territory  to  organized  counties  for 
judicial  purposes.      (Wyo.  V   19.  20,   21,  24.) 

Jurisdiction  —  In  General 

Legislature    prohibited    from    creating   other   courts    to   exercise 
power  vested    in   judges   of  general   trial   court.      (Pa.  V  26.) 

Jurisdiction  —  Appellate 
In   General 

As  prescribed  by  law.  (Colo.  VI  11;  Ga.  VI  Sec  TV  4; 
Ida.  V  20;  111!  VI  12;  Kan.  Ill  6;  Ky.  126;  Minn.  VI  5; 
Miss.  VI  156;  X.D.  IV  103;  Ohio  IV  4;  Okla.  VII  10;  S.D. 
V  14;  Tenn.  VI  8;  Tex.  V  8;   W.Va.  VIII  12.) 

Described  by  Clia reefer  of  Casrs 

Cases  at  law  or  in  equity;  value  and  amount  may  be  limited 

hy  law.      (S.D.  V    14.) 

Civil  and  criminal  cases  where  appeal,  writ  of  error  or 
supersedeas  may  he  allowed  to  judgment  or  proceedings  of 
inferior  tribunal.      (W.Va.  VIIT   12.) 

Criminal   cases;    grade   of   offense   may   he   limited    by    law 

(S.D.  V  14.) 

Petition     from    those    denied    right    to    register    as    voters. 

(S.C.   IT   5.) 

In  cases  of  allowances  made  for  or  against  counties,  cities 
or  towns,  appeal  to  general  trial  court  of  count  \  at 
instance  of  the  party  aggrieved,  or  on  intervention  of  any 
citizen  or  resident,  or  taxpayer  of  such  county,  city  or 
town,  on  same  terms  on  which  appeals  are  granted  to  such 
courts   in    other   cases.      (Ark.    VII   51.) 

In  cases  of  contest  for  any  county,  township  or  municipal 
office,  appeal,  at  instance  of  party  aggrieved,  from  inferior 
hoard,  council  or  tribunal  to  general  trial  mint  on  the 
same  terms  and  conditions  on  which  appeals  may  be 
granted   to    such    court   in    other    cases.      (Ark.    \  II    52.) 


360  Statk  Constitutions 


COURTS  (Cont'd) 

General  Trial  Courts   [Cont'd) 

Jurisdiction  —  Appellate  ( Con  t'd ) 
Described  by  Courts   ■ 

Common  pleas  ((nuts.      (Ark.  VII   14.) 

Common  pleas  courts  under  such  restrictions  and  regulations 

as  may  be  prescribed  by  law.      (Ark.  VII  33.) 

County  commissioners'  court,  with  such  exceptions  and  under 

such  regulations  as  may  be  prescribed  by  law.     (Tex.  V  8.) 

County  courts.      (Ark.  VII   14;    S.D.   V  20.) 

County  courts  in  all  cases  of  probate;   same  regulations  as 

provided  by  law  on  adoption  of  constitution  and   appeals 

from    probate    courts    to    district    courts    in    territory    of 

Oklahoma.      (Okla.  VII  16.) 

County   courts   in    all   civil    cases   on    application   of   either 

partv,  and  in  such  other  cases  as  may  be  provided  by  law. 

(Nebr.  VI  17.) 
County  courts  in  all  criminal  cases  on  application  of  defend- 
ant.    (Nebr.  VI  17.) 
County  courts  in  criminal  cases.      (Fla.  V  11.) 
County  courts  in  probate    cases    pertaining    to    estates    of 
minors   and   such  other  matters   as   legislature  may  pro- 
vide.    (Fla.  V  n.) 
County  courts  in  probate  matters.      (Tex.  V  8.) 
County  courts  in  such  cases  as  may  be  prescribed  by  law; 
no  appeals  shall  lie  to  general  trial  court  from  any  judg- 
ment  given   in   county   court  upon   appeal   from   justice's 

court,      (Colo.  VI  23.) 
County   courts  under   such   restrictions   and   regulations   as 

may  be  prescribed  by  law.      (Ark.  VII  33.) 
Criminal  courts  in  misdemeanors.      (Fla.  V  11.) 
Inferior  courts.      (Mich.  VII  10;  Nev.  VI  6;  Utah  VIII  7; 

Wis.  VII  8.) 
Inferior  courts   (besides  justices'  courts)   in  their  respective 

districts  as  may  be  prescribed  by  law.     (Ariz.  VI  6.) 
Inferior  courts  in  their  respective  districts.     (N.M.  VI  13.) 
Inferior  courts  in  their  respective  districts  as  may  be  pre- 
scribed by  law.      (Cal.  VI  5.) 
Justices'   and    other    inferior   courts   as   prescribed   by    law. 

(Wyo.  V  10.) 
Justices'  and  other  inferior  courts  in  their  respective  counties 

as  may  be  prescribed  by  law.      (Wash.  IV  6.) 
Justices'  and  other  inferior  courts  not  of  record.     (Pa.  V  10.) 
Justices'  courts.      (Ark.  VII   14;   Kan.  Ill   10;   Nev.  VI  6; 

N.M.  VI  27.) 

Justices'  courts  and  other  inferior  courts  in  their  respective 

districts  as  may  be  prescribed  by  law  and  as  are  consistent 

with  constitution.      (Mont.  VI II  11.) 

Justices'  courts  as  may  be  prescribed  by  law.     (Ariz.  VI  6.) 


1m»kx    1>i.;kst  -''I 


COURTS  (Cont'd)  * 

General  Trial  Courts   (Cont'd) 

Jurisdiction  —  Appellate   ( Cont'd ) 

i>,  s,  ,  ilnd   by   Cmn  /.n    K'onl'd) 

Justices'  courts  in  civil  and  criminal  cases  on  both  questions 
of  law  and  lad  with  such  limitations  as  prescribed  bj  law. 

(Utah  Ylll  9.) 
Justices'  courts  in  civil  cases.     (Ga.  VI  Seo.  VII  2.) 
Justices'   courts   in   civil    cases    as    prescribed    by    law.       (Mo. 

VI  22.) 
Justices'  cnints  in  civil'-matters  regardless  of  amount  in  dis- 
pute mid    from   all   orders   requiring  a    peace  bond.      (La. 

111.) 
Justices'  courts   in   counties   where  no  county  court.      (Fla. 

V   11.) 
Justices'  courts  in  criminal  cases.      (La.  12(5.) 
Justices'  courts;  same  as  district  courts  under  laws  of  ten  i 

tory   of    Arizona.      (Ariz.   VI   23.) 
Justice   courts,   such   manner  and    under   such   regulation   as 

may  he  prescribed  by  law.      (Mont.  VIII  23.) 
Justices'  courts  under  such  regulations  as  may  be  provided 

by  law.     (Ark.  VII  42.) 
Mayor's  court.      (Fla.  V  11.) 

Mayors'  or  recorders',  tines  or  imprisonment  by.     (La.  111.) 
Municipal  courts.      (Ark.  VII   14.) 
Ordinary    acting    as    court    of    ordinary    or    by    consent    of 

parties  without  decision.      (Ga.  VI  Sec.  VI   1.) 
Police   courts   in    cases   of   persons   sentenced   to   fine   or   im- 
prisonment   by  mayors  or   recorders,  upon  giving  security 
for  lines  and  costs  of  court.      (La.   111.) 
Probate  courts.      (Ark.  VII   14;  Kan.  Ill   10;   X.M.  VI   27.) 
Probate    courts    under    such    regulations    and    restrictions    as 

may  be  prescribed  by  law.      (Ark.  VII   35.) 
Probate   courts   when   only  one   of  the  two  judges   makes    a 
decision,    or   where   their   opinions   are   opposed,   or   where 
the    decision    is    on    a    matter    involving    a    right    to    real 
estate  or  the  appraises!   value  or  other  value  thereof,  and 
on  all  matters  affecting  guardians  or  guardians'  accounts 
jurisdiction  shall  be  final  in  every  such  case.     (Del.  TV  11.) 
In   counties   having  population   of    150.00(1   or   over,   general 
term   not   to  have  power  to   review   any   order,  derision    or 
t  proceeding   of    any   branch   of   court    in    district    made    at 

separate  term.      (Kyi   137.) 
Jurisdiction  —  Revisory 

Supervisory  control  over  common  pleas  courts.      (Ark.  All    14.) 

Superintending  control   over  justices'   courts   and   other   inferior 

courts    fey    mandamus,    prohibition    and    certiorari.       (W.Va. 

VIII   12.) 
Supervisory  control  over  county   commissioners'  court    with   ex- 
ceptions and  regulations  prescribed  by   law.      (Tex.    \    8.  I 


'■'>i'>-  State  Constitutions 

COURTS  (Cont'd)  • 

General  Trial  Courts   {Cont'd) 

Jurisdiction  —  Revisory  (  Cont'd ) 

Supervisory  control  over  county  courts.      (Ark.  VII  14;  Mo.  VI 

23.) 

Supervisory  control  over  inferior  courts  and  tribunals.      (Mich. 

VII  10;  Mo.  VI  23;  N.M.  VI  13;  Utah  VIII  7;  Wis.  VII  8.) 

Supervisory   control  over   justices'   courts.      (Ark.  VII   14;    Mo. 

VI  23.) 
Supervisory  control  over  municipal  courts.      (Ark.  VII  14;  Mo. 

VI  23.) 
Supervisory    control    over    other    courts    as    prescribed    by    law. 

(W.Va.  VIII  12.) 
Supervisory  control  over  probate  courts.     (Ark.  VII  14;  Mo.  VI 

23.) 
Supervision  and  control  over  all  proceedings  before  justices  and 
other  inferior   tribunals    (by  mandamus,  prohibition   and  cer- 
tiorari).     (W.Va.  VIII  12.) 

Jurisdiction  —  Original 

No  judgment  or  decree  in  any  chancery  or  general  trial  court 
rendered  in  civil  case  to  be  reversed  or  annulled  on  ground 
of  want  of  jurisdiction  to  render  such  judgment  or  decree, 
from  error  or  mistake  as  to  whether  cause  in  which  rendered 
was  in  equity  or  common-law  jurisdiction,  but  if  highest 
court  finds  error  in  proceedings  other  than  as  to  jurisdiction, 
and  it  is  necessary  to  remand  case,  it  may  remand  it  to  any 
court   which,  in   its  opinion,   can  best  determine  controversy. 

(Miss.  VI  147.) 

As  prescribed  by  law.  (Fla.  V  11;  Iowa  V  6;  Kan.  Ill  6;  Ky. 
126;   Nebr.  VI  9;   Ohio  IV  4;    Tenn.   VI  8;   Tex.  V  8;   W.Va. 

VIII  12.) 

As   prescribed    by   law;    concurrent   with   inferior   tribunals    and 

justices'  courts.     (Mo.  VI  22.) 

Assault  and  batteries;  no  original  jurisdiction  except  where  sum 
in  controversy  exceeds  $50.      (Ala.  VI  143.) 

Cases  at  law.  (Colo.  VI  11;  Ida.  V  20;  111.  VI  12;  Iowa  V  6; 
Mont.  VIII  11 ;  Nebr.  VI  9;  N.Y.  VI  1 ;  S.D.  V  14;  Wyo.  V  10.) 

Cases    at    law,    where    amount    in    controversy    exceeds    $100. 

(Minn.  VI  5.) 

Cases  for  which  a  remedy  or  jurisdiction  is  not  provided  by  law 

or  constitution.      (Tex.  V  8.) 

Cases  upon  relation  of  any  person  on  behalf  of  the  people  con- 
cerning the  rights,  duties  and  liabilities  of  telegraph  or  toll- 
mad  companies  or  corporations.     (Colo.  VI  11.) 

Cases  where  circuit  court  at  adoption  of  constitution  had  juris- 
diction  or   which  may  be  prescribed  by  law.      (Md.    IV   20.) 

Cases  where  debt,  damage,  claim  or  demand  exclusive  of  interest 
or    value    of    property    in    controversy    exceeds    $50.       (Mont. 

VIII  11.) 


Index  Digest  :iG-! 


COURTS  (Cont'd) 

General  Trial  Courts   {Cont'd) 

Jurisdiction  —  Original    (Cont'd) 

Cases  where  demand,  exclusive  of  interest  or   value  of  properly 

in  controversy,  amounts  to  $300.      (Gal.   \  1  5.) 
Cases  where  demand,  exclusive  of  interest  or  value  of  property 

in  controversy,  exceeds  $300.      (Xcv.  VI  6.) 
Cases  where  jurisdiction  not   by  law  vested   exclusively  in  other 

court.      (Ariz.    VI    6;    Wash.    IV    6.) 
Cases  where  jurisdiction  not  vested  in  some  other  court.     (Wyo. 

V   10.) 
Cases  where  matter  in  controversy  amounts  to  $500  exclusive  of 

interest.     (Tex.  V  8.) 
Cases  where  no  specific  amount  is  in  contest  except  as  provided 

in   this  constitution.      (La.   109    (1914).) 
Cases  where  state,  parish,  municipal  or  other  corporation  is  a 
party  defendant,   regardless  of  the   amount   in   dispute.      (La. 

109    (1914).) 
Civil,  arising  in   their  respective  districts   in   such  manner  pre- 
scribed by  law.     (Iowa  V  6.) 
Civil  as  prescribed  by  law.      (Ind.  VII  S.) 

Civil,  except  as  provided  in  constitution.     (N.D.  IV  103:  Ga.  VI 

Sec.  IV  3.) 
Civil,  except  where  exclusive  jurisdiction   is   by   constitution   or 

law  conferred  on   other  court.      (Okla.  VII   10.) 
Civil,  not  excepted   in  constitution   and  not   prohibited   by   law. 

(Mich.  VII    10;    Utah  VIII   7;    Wis.  VII   S.) 
Civil,  not   otherwise   provided    for   in    constitution;    jurisdiction 

exclusive.     (Mo.  VI  22.) 
Civil,   not   vested  by   constitution    in   some   other   court.      (Miss. 

VI   156.) 

Civil,    other    than    libel,    slander,    assault    and    battery,    where 

amount  in  controversy  exceeds  $50  not  otherwise  excepted  in 

this    constitution.       (Ala.    VI    143.) 

Civil,    the    exclusive    jurisdiction    not    vested    in    other    court    by 

constitution.      (Ark.  VII   11.) 

■Civil,   where    amount    in    controveisy    exceed-    $50,    exclusive    of 

interest.       (La.    109     (1914).) 

Civil,  where  amount  in  controversy  exceeds  >>'100.      (Minn.  VI  5.) 

Civil,  where  amount  in  controversy  exclusive  of  interest  exceeds 

$50,  except  cases  confined  exclusively,  by  constitution,  to  other 

courts.      (W.Va.  VIII  12.) 
Criminal.      (W.Va.  VIII   12;   Wyo.  V  10.) 
Criminal  as  may  he  prescribed  by  law.      (Ind.  VII  8.) 
Criminal   except   such   as  may   he  vested  in  other  courts  author- 
ized hv  constitution;   jurisdiction  limited  and  exclusive.      (La. 

109    (1914).) 
Criminal  except  where  exclusive  jurisdiction  is  by  the  constitu- 
tion or  law  conferred  on  other  court.      (Okla.  VII  10.) 
Criminal,  not   cognizable  by    inferior  courts;    jurisdiction   exclu- 
sive.    (Fla.  V  11.) 


364  State  Constitutions 

COURTS  (Cont'd) 

General  Tbial  Courts  (Cont'd) 

Jurisdiction  —  Original   ( Cont'd ) 

Criminal  not  excepted  in  constitution.      (Ala.  VI   143.) 
Criminal    not    excepted    in    constitution    and    not    prohibited    by 

law.      (Mich.  VII  10;  Utah  VIII  7.) 
Criminal,  not  otherwise  provided  for  by  law.      (Mo.  VI  22;  Nev. 

VI  6.) 
Criminal  not  vested  by  constitution  in  some  other  court.      (Ark. 

VII  11;  Miss.  VI  156.) 
Criminal  where  punishment  exceeds  three  months  in  prison  or  a 

fine  of  more  than  $1U0.      (Minn.  VI  5.) 
Criminal,    where    punishment   is    death    or    confinement    in    peni- 
tentiary.    (Ga.  VI  Sec.  IV  1.) 
In     counties    having    population    of     150.000    or    over    criminal 
causes     to     be     under     exclusive     jurisdiction     of     one     cer- 
tain branch  of  district   court,   all  other   litigation   in  district 
of    which    district    court    has    jurisdiction    to    be    distributed 
between    other    branches    in    accordance    with    rules    of    court 
made  at  general  term,  or  prescribed  by  law.      (Ky.   137.) 
Decedents'  estates.      (Nev.  VI  6.) 
Divorce.      (Tex.  V  8.) 

Divorce  and  for  annulment  of  marriage.      ( Ariz.  VI  6 ;   Cal.  VI 

5;  Mont.  VIII  11;  Wash.  IV  6.) 
Divorce;  jurisdiction  exclusive.      (Ga.  VI  Sec.  IV  1.) 
Ejectment;    except    where    amount    in    controversy    exceeds    $50. 

(Ala.  VI  143.) 
Ejectment,  jurisdiction  exclusive.      (Fla.  V  11.) 
Elections  contested.      (Tex.  V  8.) 
Equity.      (Cal.  VI  5;   Colo.  VI  11;   Ida.  V  20;   111.  VI   12;   Iowa 

V  6;  Mont.  VIII  11;  Xebr.  VI  9;  Nev.  VI  6;  N.Y.  VI  1;   S.D. 

V  14;   Wash.  IV  6;   W.Va.  VIII   12;   Wyo.  V   10.) 

Equity,  as  may  be  prescribed  by  law.     (Ala.  VI  148;  Fla.  V  12.) 
Equity;  cases  where  amount  in  controversy  exceeds  $100'.     (Minn. 

VI  5.) 
Equity;  jurisdiction  exclusive.  (Fla.  V  11;  Ga.  VI  Sec.  IV  1.) 
Equity ;    legislature   may   confer   powers   heretofore   exercised   by 

courts  of  equity  in  state.      (Ga.  VI  Sec.  IV  2.) 
Equity ;    until    legislature   shall    deem    it   expedient    to    establish 

courts  of  chancery.      (Ark.  VII   15.) 
Equity,  where  title  to  or  possession  of  real  property  or  legality 
of  any  tax,  assessment,  toll  or  municipal  fine,  and  in  all  other 
cases   in  which   the  demand  or  the  value  of  property   in  con- 
troversy amounts  to  $200  exclusive  of  interest  and  costs.    (Ariz. 

VI  G. 

Equity,    legislature    may    vest    chancery    powers    in    relation    to 

foreclosure  of  mortgages  and  sale  of  mortgaged  premises.   (N.J. 

IV  Sec.  VII  10.) 
Exclusive  jurisdiction  in  cases  at  law  not  cognizable  by  inferior 

courts.     (Fla.  V  11.) 


I.XDKX    DlG'BSl  30  u 


COURTS  (Cont'd) 

General  Trial  Courts  {Cont'd) 
Jurisdiction  —  Original   ( Cont'd ) 

Executors,    administrators,    guardians    and    minors    under    such 

regulations  as  may  be  prescribed  by  law.      (Tex.  V  8.) 
Felony.      (Ariz.    VI    6;    Gal.   VI   5;    Mont.    VIII    11;    Tex.   Y    8; 

Wash.  IV  6.  i 
Forcible  and  unlawful  detainer.      (Mont.  VII L   11.) 
Forcible  entry  and  detainer.      (Ariz.  VI  (i;  Cal.  VI  5;  Fla.  V  11; 

Nev.  VI  6;  Wash.  IV  6.) 

For   relief    of    surrogate   courts    legislature   may   confer   probate 

jurisdiction  in  any  county  having  population  exceeding  $40,000. 

(N.Y.  VI   15.) 
Have   common   law ;    concurrent   with   intermediate  court  of   ap- 
peals  except   in   cases   of   a   criminal   nature.      (X.J.   VI    Sec. 

V  2.) 

In  all  matters  and  causes  not  excepted  in  this  constitution  and 

such  jurisdiction  of  special   cases  and  proceedings  as  may  be 

conferred  by  law.      (N.M.  VI  13.) 
Insane  persons;  cases  relating  to  persons  and  estates  of.      (Nev. 

VI  6.) 
Insolvency.      (Ariz.  VI  6;   Cal.  VI  5;  Mont.  VIII   11;  Wash.  IV 

6;  Wyo.  V  10.) 
Law  and  equity  jurisdiction  shall  constitute  distinct  and  separate 

jurisdiction.      (Iowa  V  6.) 
Libel;    on    original    jurisdiction    except    where   the    sum    in    con- 
troversy exceeds  $50.      (Ala.   VI   143.) 
Matters  affecting  dependent,  neglected,  incorrigible  or  delinquent 
children,    or    children    accused    of   crime   under   the   age   of    18 
years;  examinations  in  chambers  of  children  concerning  whom 
proceedings  are  brought   in   advance   of   any   criminal  prosecu- 
tions  of   such    children    and   power,    in    discretion,   to   suspend 
criminal    prosecutions    for    any   offenses    that    may    have   been 
committed  by  such  children.     The  powers  of  judges  to  control 
such  children  shall  be  prescribed  by  law.      (Ariz.  VI  6.) 
Mining  claims.      ("Nev.  VI  6.) 

Minors;   cases  relating  to  persons  and  estates  of.      (Nev.   VI  6.) 
Misdemeanors  involving  official  misconduct.      (Tex.  V  8.) 
Misdemeanors  not  otherwise  provided  for.      (Ariz.  VI  b' ;  Cal.  VI 

5.;  Mont.  VIII  11;   Wash.  IV  6.) 
Nuisance;  actions  to  prevent  or  abate.      (Ariz.  VI  6;  Cal.  VI  5; 

Wash.    IV  6.) 
•     Office  or  public  position,  title  to.      (La.   100    (1914).) 

Penalties,    forfeitures    and    escheats,    recovery    thereof    on    behalf 

of  state.     (Tex.  V  S.  i 
Probate.      (Ariz.  VI  6;  Cal.  VI  5;   Mont.  VIII   11;  Wash.  IV  6; 

Wyo.  V  10.) 
Probate  and  succession  matters  and  where  a  successor  is  a  party 

defendant.     (La.  109   (1914).) 


8B6  State  Constitutions 

COURTS  {Cont'd) 

General  Trial  Courts   (Cont'd) 
Jurisdiction  —  Original   ( Cont'd ) 

Probate,  legislature  may  confer  on  court,  in  county  over  400,0uO, 
powers  and  jurisdiction   of  surrogates,   with   authority   to  try 
issues  of  fact  by  jury  in  probate  cases.      (N.Y.  VI   15.) 
Property   levied   upon,   trial   of   right   to.   where   value  equals  or 

exceeds  $500.      (Tex.  V  8.) 
Real  property,  possessor   of.      (Xev.    VI   6.) 
Real  property,  title   to.      (La.    100    (1014).) 
Real  property,  title  to  and  liens  thereon.      (Tex.  V  8.) 
Real  property,  title    to;    jurisdiction    exclusive.       (Ga.    VI    See. 

IV  1.) 
Real  property,  title  to  or  boundaries   of;    jurisdiction   exclusive. 

(Fla.  V  11.) 
Real  property;   title   to   or   possession   of.      (Mont.   VIII    11.) 
Real  property,  title   to    or    possession    of;    cases   at    law.      (Call. 

VI  5.) 

Real  property,  title  to  or  possession  of;  tax,  impost,  assessment, 

toll  or  municipal  fine,  legality  of;    cases  in   which   demand   or 

value   of   property    in    controversy    amounts  to   $100.      (Wash. 

IV  7.) 
Receivers  to  corporation  or  partnership,  proceedings  for  the  ap- 
pointment of.      (La.   100    (1014).) 

Slander;  no  original  jurisdiction  except  where  sum  in  controversy 

exceeds  $50.      (Ala.  VI  143.) 
Slander  or  defamation  of  character,  recovery  of  damages.      (Tex. 

V  8.) 
Special    actions    and    proceedings    not    otherwise    provided    for. 

(Mont.  VIII  11;  Wyo.  V  10.) 
Special  cases  and  proceedings  not  otherwise  provided  for.     (Ariz. 

VI  6;  Cal.  VI  5;  Wash.  IV  6.) 
Tax,  assessment  or  toll,  legality  of:  jurisdiction  exclusive.      (Fla. 

V  11.) 
Tax  imposed,  assessment,  toll  or  municipal  fine,  legality  of.     (Cal. 

VI  6:   Xev.  VI  6.) 
Jurisdiction — Territorial  Extent 

Process  to  extend  to  all  parts  of  state.      (Ariz.  VI  6:   Cal.  VI  5; 

Mont.  VIII  11;  Wash.  IV  6.) 
Name 

Circuit.  (Ala.  VI  143;  Ark.  VIT  11;  Fla.  V  8;  Ind.  VII  8;  Ky. 
125;  Md.  IV  10;  Mich.  VII  8;  Miss.  VI  152;  Mo.  VI  22:  N.J. 
VI  Sec.  V  2;  S.D.  V  14;  Tenn.  VI  4;  Va.  VI  06:   W.Va.  VIII 

10;  Wis.  VII  7.) 
Common  pleas.      (Ohio  IV  3.) 
County.      (Vt.  II  28.) 

District.  (Colo.  VI  11;  Ida.  V  20;  Iowa  V  5;  Kan.  Ill  6;  La. 
107;  Minn.  VI  4;  Mont.  VIII  11:  Xebr.  VI  0;  Xev.  VI  5; 
X.M.  VI  13;  X.D.  IV  99;  Okla.  VII  9;   Tex.  V  7;   Utah  VIII 

5;   Wyo.  V  10.) 


I.xdkx   l)i<ii:sT  ::r. , 


COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Name    (Cont'd) 

Superior.      (Ariz.  VI  5;   Cal.  VI   5;   Conn.   V   1:   Ga.   VI   Sec.  Ill 

1;    Wash.    IV   5.) 
Supreme.      (N.Y.  VI  1.) 
Non-Judicial  Duties 

Except  as  provided  in  constitution,  no  duties  or  functions  t 

attached  by  law  to  court,  except  such  as  are  judicial.     (  La.  96.) 
Number,  See  above,  this  subdivision,  Judicial  Districts. 
Procedure 

Judges    to    establish    uniform    rules    for    government    of    court. 

(Wash.   IV  24.) 
Judges  of  St.  Louis  county  may  sit  in  general  term  for  purpose 

of  making  rules  of  court.      (Mo.  VI  27.) 
Court  may  grant  new  trial  on  legal  grounds.     (Ga,  VI  Sec.  IV  6.  i 
New  trial  allowed  on  both  questions  of  law  and  fact  where  case 

appealed  from  county  court.      (Okla.  VII   16.) 
New  trial  allowed  on  appeals  from  final  judgments  and  decisions 

of  probate  courts  and  justices  of  peace.      (N.M.  VI  27.) 
New  trial  allowed  on  appeals  from  justices  of  peace  in  criminal 

cases.      (N.C.  IV  27.) 

New   trial   allowed    on    appeals    from   justice   of   peace   courts    in 

criminal    cases;    under    regulations    prescribed    by    law.       (Fla. 

V  22.) 
New  trial  allowed  on  appeals  in  cases  of  allowances  for  or  against 

counties,  cities  or  towns.      (Ark.  VII  51.) 
New    trial    allowed    on    appeals    in    cases    of   contest    for    county, 

township  or  municipal  office.      (Ark.  VII  52.) 
Legislature   may   provide   for   appeal    from  one  jury   to   another. 

(Ga.    VI    See.    IV   6.1 
Writs     of     injunctions,     attachments,     prohibitions     and     habeas 
corpus  may  be   issued   and   served   on    legal    holidays   and   non- 
judicial days.      (Ariz.   VI    li.  i 
Injunctions,    writs    of    prohibition    and    habeas    corpus    may    be 
issued    and    served    on    legal    holidays    and    non-judicial    days. 

(Mont.  VIII   11:   Wash.   IV   6.  i 
Process  to  extend  to  all  parts  of  state.      (Ariz.  VI  6:   Cal.  VI   ."> ; 

Mont.  VIII    11;    Wash.   IV   6.) 
Judges   may    receive    pleas  of   guilty    in    less    than    capital    rascv 

|  La.   117.. 
Practice  of  courts  in  continuous  session  may  by  general   law  he 
made  different  from  that  of  courts  held  in  terms.      (  Ky.  59. 
Quorum 

One  (there  are  three  judges,  and  in  one  district  four)  ;  hut  where 
trial  held  by  less  than  whole  number,  the  parly  against  whom 
decision  is  made  can  have  question  reserved  for  consideration 
of  all  judges  of  court,  and  decisions  of  court  <  n  banc  may  he 
appealed  from  in  usual  way.  The  right  of  having  question 
reserved  shall  not  apply  to  trials  of  appeals  from  judgments  of 


368  State  Constitutions 

\ 
COURTS  (Cont'd) 

General  Trial  Courts  (Cont'd) 
Quorum  (Cont'd) 

justice  courts  nor  to  criminal  cases  below  the  grade  of  felony, 
except  where  punishment  is  imprisonment   in  the  penitentiary 
and  this  entire  provision  shall  be  subject  to  such   regulations 
as   may   be   prescribed   by   law.      ( Md.   IV   21,   22.) 
Reporter 

Law  reporter  to  be  appointed  by  justices;  term  five  years.      (N.J. 

VII  Sec.  II  5.) 
Seal 

Form    specifically    set    forth    until    otherwise    provided    by    law. 

(Ariz.  XXII  10:    Wash.  XXVII  9.) 
Seal    now   used    in    general    trial    court   of   territory   until   other- 
wise   provided   by   law.      (Ida.   XXI    17.) 
The   several   courts  may  adopt   seals   for  their   respective   courts 

unlil   otherwise  provided  by  law.      (Utah  XXTV   8.) 
To  have  a  seal.      (Mich.  VII    17;   Utah  VIII   17.) 
To  have  a  seal  to  be  used  in  authentication  of  all  process.      (Aid. 

IV  1.) 
Sessions 

In  any  county  where  there  shall  be  more  than  one  judge  of  court 
there  may  be  as  many  sessions  of  court  at  the  same  time  as 
there  are  judges  and  business  of  court  so  distributed  by  law,  or 
in  absence  of  legislation,  by  rule  of  court,  as  shall  best  promote 
convenient  and  expeditious  transaction  thereof;  where  two  or 
more  judges  and  court  held  by  one  or  more,  judgments,  decrees, 
orders  and  proceedings  shall  be  equally  effectual  as  if  all  judges 
of  said  court  had  presided.  (Ariz.  VI  5.) 
In  any  county  or  city  and  county  other  than  county  and  city  of 
San  Francisco,  "in  which  there  shall  be  more  than  one  judge  of 
the  general  trial  court,  judges  may  hold  as  many  sessions  of 
said  court  at  same  time  as  there  are  judges  thereof;  including 
any  judge  acting  upon  request  or  judges  pro  tempore,  and  shall 
apportion  business  among  themselves  equally  as  may  be;  same 
provisions  for  San  Francisco  except  that  presiding  or  chief 
justice  divides  business;  judgments,  orders  and  proceedings  of 
Any  session  held  by  one  or  more  judges  to  be  equally  effectual 
as  if  all  judges  of  courts  presided.  (Cal.  VI  6,  7,  8.) 
Legislature  may  regulate  manner  in  which  judges  of  districts 
having  more   than   one   judge   shall   dispose  of  business.      (Ga. 

VI  Sec.  Ill  1.) 

Judges   to    hold   court    in    district    for    which   elected    in    manner 

as  provided  by   law;    special  provision   for  Cook  county.      (111. 

VI  15,  24.) 
In   counties  having  a  city   of  20,000   inhabitants  and   a  popula- 
tion including  city  of  40,000,  constituting  a  separate  district, 
legislature  shall  direct  manner  of  holding  courts  and  conduct 

of  business  in  them.      (Ky.   138.) 


Index  Digebi  369 


COURTS  (Cont'd) 

General  Trial  Courts  (Cont'd) 
Sessions  (Cont'd) 

In  counties  having  population  of  150,000  or  over,  each  judge  to 
hold  a  separate  court  except  when  a  general  term  ina\  be  held 
for  purpose  of  making  rules  of  court,  or  as  may  be  required  by 

law.      (Ky.   137.) 
Legislature  may  provide  for  manner  of  holding  courts  in  judicial 

districts.     (Mich.  VII  8.) 

When  court  is  composed  of  one  or  more  additional  judges  each 

shall  sit  separately  and  perform  all  duties  imposed  on  circuit 

judges.      (Mo.  VI  28.) 
Judges  of  St.  Louis  county    (five  in  number)    sit  separately,   sit 

together  only  to  make  rules.      (Mo.  VI  27.) 
Any  one  of  three   judges   in  court  of  first  district  may  preside 
on   impaneling  of  grand  juries  and  presentment   and   trial   on 
indictments,  under  rules  prescribed  by  law.      (Xev.  VI  5.) 
Two  or  more  district  judges  may  sit  in  any  district  or  county 

separately  at  the  same  time.      (N.M.  VI   15.) 
Judges  to  preside  successively ;   to  hold   court  in   the  same  dis- 
trict oftener  than   once  in   four  years.      (N.C.  IV   11.) 
As   many   courts   or   sessions   of   the   general   trial   court  as   are 
necessary  may  be  held  at  the  same  time  in  any  county;  judges 
of    Hamilton    county    may    hold    separate    courts    or    separate 
sittings  of  same  court  at  same  time.      (Ohio  IV  3,  XI   12.) 
In  any   county   where  there  shall   be  more  than   one  judge  or  a 
judge  from  any  county  is  appointed  as  an  extra  judge  to  sit 
therein,  there  may  be  as  many  sessions  of  court  at  the  same 
time    as   there    are    judges    thereof    and   business    of    court    so 
distributed  or  assigned  by   law  or   by   rules  of  court  as  shall 
best   promote  expeditious  transaction   thereof;    judgments   and 
proceedings   of  any   session   held   by   one  or   more  judges  shall 
be  equally   effectual  as  if  all  judges  of  court  presided  at  ses- 
sion.    (Wash.  IV  5.) 
Business    of    first    district   may    be    apportioned    between    judges 
thereof,  and  such  judges  may   hold  courts  in   same  county   or 
in   different    counties   within   district   at   the   same   time  or   al 
different  times   as   may   be   prescribed   by   law.      i  W.Va.   VIII 

10.1 
Special  Organization  for  Baltimore 

Detailed  provisions.      (Md.   IV  27  et  seq.) 
Special  Organization  for  Cook  County 

Detailed  provisions  for.      (111.  VI  23  et  srq.,  X  9.) 
Terms 

At   least  two  terms   each   year   in    each   county.      (Ala.   VI    144: 

Miss.  VI  15S.) 
Open  at  all  times  except  on  non-judicial  days,  for  the  determina- 
tion of  non-jury  civil  causes  and  for  the  transaction  of  busi- 
ness.     (  Ariz.   VI  6.  i 
As  provided  by  law.      (Ark.  VII  12;  Kan.  Ill  5.) 


370  State  (  \  institutions 

COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Terms   (Cont'd) 

Open    at    all    times,    except    on    legal    holidays    and    non-judicial 

days.      (Cal.  VI  5,  20:  Mont.  VIII  17.) 
At  least  one  term  each  year  in  each  connty  at  time  provided  by 
law,  except   in   such  counties  as  may  be  attached,  for  judicial 
purposes,  to  another  county,  special  terms;    judges  to  fix  terms 
until  fixed  by  legislature.      (Colo.  VI  17.) 
Two  terms  each  year  in  each  county  in  places  prescribed  by  law : 

special  terms  allowed.      ( Fla.  V  8.  i 
At  least  two  terms  each  year  in  each  county,  at  time  prescribed 

by  law.     (Oa.  VI  Sec.  IV  8.) 

Two  terms  each  year  in  each  county  at  times  prescribed  by  law; 

special    terms    allowed    under    regulations    prescribed    by    law. 

(Ida.    V    11.) 
At  least  two  terms  each  year  in  each  county  at  times  prescribed 
by    legislature:    not    to   lie  changed   except   by   legislature   next 
preceding   election    for   judges;    additional   terms   may   be   pro- 
vided for  in  any  county.      (111.  VI   14.) 
Three  terms  each  year   in  eacli   county.      (Ky.   131.) 
Open    during    10    months    of    the    year;    in    districts    containing 
more  than  one  parish,  judges  to  sit  alternately  in  each  parisli 
as  business  may  require.      (La.   117.) 
At    least   two   terms   each   year   in   each   county   to   which   jurors 
shall   be   summoned,   and   at   least    two  others   to   which   jurors 
shall  not  be  summoned,  at  times  fixed  bv   judges,  until  other- 
wise  prescribed   by  law.      ( Md.   IV   ID,  ■?].) 
At  least  four  terms  each  year  in  each  organized  county.      (.Midi. 

VII    S.) 
At   least   two  <tcrms   each   year   in   each    county,   as   may    be   pre- 
scribed by  law.      (Mo.  VI   22.) 
Districts  where  two  or  more  counties  are  united  until  otherwise 
provided  by  law,  the  judge  of  such  district  shall  fix  the  terms 
of  court  at  least  four  terms  each  yea.r  in  each  county,   subject 

to  this  rule.     (Mont.  VIII  17.) 
•  Indues  shall  fix  in  their  respective  districts  until  otbenvise  pro- 
vided By  law.      (Xebr.  XVI  26. 
One  term  eacli  year  in  each  county.      (X.J.  VI   Sec.  V  2.) 
At   least   two   terms   each    year   in   each    county   until'- otherwise 

provided   by   law.      (X.M.  VI    13.) 
Open  at  all  times  for  transaction  of  business  within  their  juris- 
diction, except  the  trial  of  issues  of  fact  rfeqUiting  a  jury;   to 
sit  in  each  county  as  prescribed  by  law.      (X.C.  IV  10,  22.) 
At   least  two  terms  each  year  in  each  organized  county ;    judges 

to  fix  terms.      (X.D.  IV  115,   118.) 

At  time   provided   by   law   at   county  seat:    provided  that    if  any 

county   is  divided   into   two   or  more   districts   legislature   may 

designate  places  of  holding  courts  in  any  such  districts.      ( Xev. 

VI  7.) 


IXDKX     Dk.ISI'  371 


COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Terms   (Cont'd) 

Times  of  holding  specifically  designated:     (  New  \\  II   15.) 

At  least  two  terms  each  year  in  each  organized  count]  at  county 
seat;  terms  fixed  by  Inches;  rnurt   uniil  btherwise  provided  by 

legislature.     (Okla.  VII  9,  25.) 
One  term  each  year  in  each  organized  county;   judges  to  fix  until 

otherwise  provided.      (S.I).  V  27.  X\.  I 
Two  terms  each  year  in  each  county;   legislature  power,  by  gen- 
era!  or  special  law.  fro  authorize  the  holding  of  special  terms  of 
court  or  the  holding  of  more  than  two  terms  in  any  county  for 
the  disposition  of  business.     (Tex.  V  7.) 
At  least  four  terms  each  year   in   each  county   at  county   seat. 

Utah   VII]    5.) 

As  prescribed  by  law;  no  court  to  be  held  for  any  city  of  seeond 

class  until  after  city  shall  abolish  its  existing  city  court.     (Va. 

VI   97.) 
Open  at  all  times  except  on  non-judicial  days.      (Wash.  IV  6.) 
At  least  three  terms  each  year  in  each  county.     (W.Va.  VIII  11.) 
Provision  may  be  made  for  holding  special  terms.      (W.Va.  VIII 

11;   Wis.  VII   11.) 
At  least  two  terms  each  year  in  each  organized  county.      (Wis. 

VII   11.) 
Prescribed  by  legislature;  until  legislature  acts,  judges  to  deter- 
mine.    (Wyo.  V  24.  26.) 
Sessions,  See  above,  this  subdivision,  Sessions. 

Transfer  of  Cases 

See  also  beloiv,'Hiis  title.  Trials  —  Cuanur  of  VENUE. 

Cases  whereof  chancery  court  has  exclusive  jurisdiction,  to  be 
transferred  to  that  court.      (Miss.   VI    157.) 

Legislature  to  provide  for  due  certification  of  causes  transferred 
to  chancery  court  and  for  such  reformation  of  pleadings  therein 
as  necessary,   and   adjudication   of   costs  of   transfer.      (Miss. 

VI  163.) 

If  plaintiff  brings  suit  on  bond  of  fiduciary  or  public  officer  for 
failure  to  account  for  money  or  property  received  or  loss  by 
neglect  or  failure  to  collect,  or  suit  involving  inquiry  into 
matters  of  mutual  accounts,  court  may,  on  application  of  de- 
fendant, transfer  case  to  chancers  court  if  it  appears  that 
accounts    to    be    investigated    are    mutual     and     complicated. 

(Miss.  VT  161.) 

Writs 

For  power  of  judges,  Sec  above,  this  subtfi vision.  JUDGES. 
Certiorari 

Power  to  issue  and  to  hear  and  determine.      (Mich.  VII  10; 

Mont.  VIII  11;  K.D.  IV  103.) 
Jurisdiction  and  power  to  issue  with  authority  to  hear  and 
determine  same.      (S.D.  V  14.) 


372  State  'Constitutions 

COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Writs  (Cont'd) 

Cer tiorari   ( Con t'd) 

Power  to  issue.  (Ariz.  VI  6;  Cal.  VI  5;  Xev.  VI  6;  Okla. 
VII  10;  Tex.  V  8;  Utah  VIII  7;  Wash.  IV  6;  Wis.  VII  8; 

Wyo.  V  10.) 
Power  to  issue  if  not  directed  to  judges  or  courts  of  equal 

or  superior  jurisdiction.      (N.M.  VI   13.) 
Supervision   and   control   of   all   proceedings   before  justices 

and  other  inferior  tribunals.      (W.Va.  VIII  12.) 
Power  to  issue  to  correct  errors  in  inferior  judicatories,  to 
be  issued  on  sanction  of  judge  only.      (Ga.  VI  Sec.  IV  5.) 

Habeas  Corpus 

Power  to  issue  and  to  hear  and  determine.      (Mich.  VII  10: 

N.D.  IV  103.) 

Jurisdiction  and  power  to  issue  with  authority  to  hear  and 
determine  same.      ( S.D.  V   14. ) 

Original  and  general  jurisdiction  of  all  cases.     ( W.Va.  VIII 

12.) 

Power  to  issue  and  to  hear  and  determine  on  petition  by  or 
on  behalf  of,  any  person  held  in  actual  custody  in  their 
respective  districts.  May  be  issued  and  served  on  legal 
holidays  and  non-judicial  days.      (Mont.  VIII  11.) 

Power  to  issue.      (Okla.  VII   10;   Tex.  V  8;   Utah  VIII   7; 

Wis.  VII  8.) 

Power  to  issue  on  petition  by  or  in  behalf  of,  any  person 
held  in  custody  in  their  respective  districts.     (Nev.  VI  6.) 

Power  to  issue  on  petition  by'  or  on  behalf  of  any  person 
in  actual  custody  in  their  respective  counties.  May  be 
issued  and  served  on  legal  holidays  and  non-judicial  days. 
(Ariz.   VI   6;    Wash.   IV   6.) 

Power  to  issue  on  petition  by  or  on  behalf  of  any  person 
in    actual    custody    in    their    respective    districts.      (Wyo. 

V   10.) 

Power  to  issue  on  petition  by  or  on  behalf  of  any  person 
in  actual  custody  in  their  respective  counties.     (Cal.  VI  5.) 

Power  to  issue  to  any  part  of  state  upon  petition  by  or  on 
behalf  of  any  person  held  in  actual  custody  and  to  make 
such  writs  returnable  before  himself  or  before  court  or 
before  any  general  trial  court  of  state,  or  judge  thereof; 
may  be  issued  and  served  on  legal  holidays  and  non- 
judicial  days.      (Wash.   IV   6.) 

Power  to  issue  if  not  directed  to  judges  or  courts  of  equal 
or  superior  jurisdiction.      (N.M.  VI  13.) 

Injunction 

Power  to  issue  and  to  hear  and  determine.  May  be  issued  and 
served   on   legal  holidays   and   non-judicial   days.      (Mont. 

VIII  11.) 


1m>ex  Digest  373 


COURTS  (Cont'd) 

General  Tbial  Courts  (Cont'd) 
Writs  (Cont'd) 

Injunction  (Cont'd) 

Power  to  issue  and  to  hear  and  determine.     (Mich.  VII  10; 

N.D.  IV   103.) 
Jurisdiction  and  power  to  issue  with  authority  to  hear  and 

determine  same.      (S.D.  V  14.) 
Power  to  issue  and  serve  on  legal  holidays  and  non-judicial 

days.     (Ariz.  VI  6;  Cal.  VI  5;  Wash.  IV  6.) 
Power  to  issue.     (Ala.  VI  144;  Cal.  VI  6;  Nev.  VI  6;  Okla. 
VII  10;  Tex.  V  8;  Utah  VIII  7;  Wis.  VII  8;  Wyo.  V  10.) 
Power  to  issue  if  not  directed  to  judges  or  courts  of  equal 
or  superior  jurisdiction.     (N.M.  VI  13.) 

Mandamus 

Power  to  issue  and  to  hear  and  determine.     (Mich.  VII  10; 

Mont.  VIII   11.) 
Jurisdiction  and  power  to  issue  with  authority  to  hear  and 

determine  same.      (S.D.   V   14.) 
To  have  supervision   and  control   of   all  proceedings  before 

justices   and   other   inferior  tribunals.     To   have   original 

and  general  jurisdiction  of  all  cases.      (W.Va.  VIII  12.) 
Power  to  issue.     (Ariz.  VI  6;  Cal.  VI  5;  Ga.  VI  Sec.  IV  5; 

Nev.  VI  6;  Okla.  VII  10;  Tex.  V  8;  Utah  VIII  7;  Wash. 

IV  6;   Wis.  VII  8;   Wyo.  V  10.) 
Power  to  issue  if  not  directed  to  judges  or  courts  of  equal 

or   superior   jurisdiction.      (N.M.   VI   13.) 

Prohibition 

Power  to  issue  and  to  hear  and  determine.     May  be  issued 

and  served  on  legal  holidays  and  non- judicial  days.    (Mont. 

(VIII   11.) 
To  have   supervision   and  control   of   all  proceedings  before 

justices   and   other   inferior   tribunals.      To   have  original 

and  general  jurisdiction  of  all  cases.      (W.Va.  VIII   12.) 
Power  to  issue.     (Ariz.  VI  6;  Cal.  VI  5;  Ga.  VI  Sec.  IV  5; 

Okla.  VII   10;   Utah  VIII  7;   Wash.   IV  6;   Wyo.  V   10.) 
Power  to  issue  and  serve  on  legal  holidays  and  non-judicial 

days.      (Ariz.  VI  6;   Cal.  VI  5;   Wash.  IV  6.) 
Power  to  issue  if  not  directed  to  judges  or  courts  of  equal 

or  superior  jurisdiction.      (N.M.  VI  13.) 

Quo  Warranto 

Power  to  issue  and  to  hear  and  determine.      (Mich.  VII  10; 

Mont.  VIII   11;    N.D.    IV    103.) 
Jurisdiction  and  power  to  issue  with  authority  to  hear  ami 

determine  same.      (S.D.  V   14.) 
Original  and  general  jurisdiction  of  all  cases.      ( \\  .\  a.  \  111 

12.) 


374  State  Constitutions 

COURTS  (Cont'd) 

General  Trial  Courts   (Cont'd) 
Writs   (Cont'd) 

Quo  Warranto   (Cont'd) 

Power  to  issue.  (Ariz.  VI  6;  Cal.  VI  5;  Nev.  VI  6;  Okla. 
VII    10;   Utah  VIII   7;   Wash.  IV  6;   Wis.   VII   8;   Wyo. 

V  10.) 
Power  to  issue  if  not  directed  to  judges  or  courts  of  equal 

or   superior   jurisdiction.      (N.M.   VI    13.) 
Review 

Power  to  issue.     (Ariz.  VI  6;  Wash.  IV  6;  Wyo.  V  10.) 
Scire  Facias 

Power  to  issue.      (Ga.  VI  Sec.  IV  5.) 
In  General 

Power  to  issue  and  to  hear  and  determine  necessary  to 
carry  into  effect  their  general  and  specific  powers.      (Ark. 

VII   14.) 
Power  to  issue  all  other  that  may  be  necessary  for  carrying 

their  powers  fully  into  effect.     (Ga.  VI  Sec.  IV  5.) 
Power  to  issue  writs  necessary  to  enforce  their  jurisdiction. 

(La.  109  (1914).) 
Power  to  issue  such  other  writs  as  may  be  necessary  to 
carry  into  effect  their  orders,  judgments  and  decrees  and 
give  them  general  control  over  inferior  courts  and  tri- 
bunals within  their  respective  jurisdictions,  and  in  all 
other   cases  and   matters   as   highest   court   shall   by  rule 

prescribe.      (Mich.  VII  10.) 
Power   to   issue   and  to  hear   and  determine  other   original 
and    remedial    writs.       (Mont.    VIII    11;    N.D.    IV    103.) 
Power  to  issue  all  other  writs  proper  and  necessary  to  com- 
plete exercise  of  their  jurisdiction.      (Nev.  VI  6.) 
Power  to   issue   all   other  writs,   remedial   or  otherwise,   in 
exercise  of  their  jurisdiction,  but  none  shall  be  directed 
to    judges    or    courts    of    equal    or    superior    jurisdiction. 

(N.M.  VI  13.) 
Power  to  issue  all  other  writs,  remedial  or  otherwise,  neces- 
sary or  proper  to  carry  into  effect  their  orders,  judgments 
or   decrees.      (Okla.   VII    10.) 
Jurisdiction  and  power  to  issue  other  original  and  remedial 
writs  with  authority  to  hear  and  determine  same.      (S.D. 

V  14.) 
Power  to  issue  all  writs  necessary  to  exercise  their  juris- 
diction.     (Tex.  V  8.) 

Power  to  issue  other  writs  necessary  to  carry  into  effect 
their  orders,  judgments  and  decrees,  and  give  them 
general  control  over  inferior  courts  and  tribunals  within 
tlicir    respective   jurisdictions.      (Utah   VIII    7.) 

Power  to  issue  all  other  writs  necessary  to  carry  into  effect 
their  orders,  judgments  and  decrees,  and  give  them 
general    control    over    inferior    courts    and    jurisdictions. 

(Wis.  VII  8.) 


Index  Digest  870 


COURTS  (Cont'd) 

General  Trial  C<>u:ts  kok  (mi,  (asks  Only 

Establishment,  See  above,  this  title,  Kstaiu.isiimknt. 
Judges 

In     IhhiuiiK.    Sic    also    nhoie,     this     till,.     A  smii  I  VI'K    JUDGES    Or 

S  i  a  1 1:. 
Coventor  power  to  roiniuissioii  a  judge  ad  litem  for  purpose  of 
constituting  quorum,  where  quorum  could  not  otherwise  be 
had  ;  commission  in  such  case  to  be  confined  to  the  case  and 
expire  on  termination  of  case;  the  judge  to  receive  reasonable 
compensation  fixed  l>y  legislature;  niemlier  of  Congress  or 
person  holding  or  exercising  an  office  under  the  United  States 
not  to  be  disqualified  from  being  appointed.  (  Del.  IV  18.) 
If  two  judges  elected  at  same  time  they  shall  cast  lots  for 
priority  of  commission  and  certify  results  to  governor  who 
shall   issue   their  commissions   in   accordance  therewith.      (Pa. 

V    17.) 
In  appeals  from  probate  courts  associate  judge  who  sat  in  court 

below  not    to   sit.      (Del.   IV   11.) 
To  be   judges   of  general   trial   courts   for   criminal    cases.      (Pa. 

V  9.) 
In   any   county  where  the  establishment  of   an   additional    court 
may  be  authorized   by   law  the  number  of  judges  may   be   in- 
creased  from  time  to  time   and  whenever   such    increase   shall 
amount    in   the  whole  to   three,   such  three  judges   shall   com- 
pose a  distinct  and  separate  court.      (Pa.  V  6.) 
At    least  25  years  of  age;   attorney-at-law.      (Fla.  V  3.) 
Judgments 

Not  to  bind  lands  in  another  county  until  a  testatum  fieri  facias 
issued;    judgment    to    be   entered    in    office   of   clerk    of   county 
wherein   lands  are  situate.      (Del.   IV  29.) 
Jurisdiction 
Appellate 

From  common  pleas  courts.      (S.C.  V  15.) 

From  inferior  courts  except  such  inferior  courts  from  which 
the   legislature   shall    provide    a   direct    appeal    to   highest 

court.    (S.C.  V  15.) 
From   registers;    decision    to  be   final.      (Del.    TV    33.) 
(,'(  nei  al  Provisions 

Legislature  power  to  repeal  or  alter  any  act  of  legislature, 
giving  jurisdiction  to  court  in  any  matter,  or  giving  any 
power  to  said  court.  Legislature  power  to  confer  upon 
court  jurisdiction  and  powers  in  addition  to  those  men- 
tioned in  constitution.  (Del.  IV  20.) 
All  other  than  jurisdiction  and  powers  vested  i"  it  by  the 
laws  of  this  state.  (Del.  IV  7.) 
Original 

All  civil  cases;  to  issue  writs  or  orders  of  injunction,  man- 
damus, habeas  corpus,  and  such  other  writs  ;i-  may  be 
necessary  to  carry  powers  into  effect,  subject   to  appeal  to 

highest   court.     (S.C.   V    IS 


376  State  Constitutions 

COURTS  (Cont'd) 

General  Trial  Courts  for  Civil  Cases  Only   (Cont'd) 
Jurisdiction     (Cont'd) 
Original   (Cont'd) 

Real  property,  personal  or  mixed  property;  suits  at  common 

law.     (Del.  IV  7.) 
Such  chancery  powers  as  now  vested  in  existing  general  trial 
courts  for  civil  cases  only  or  as  may  hereafter  be  con- 
ferred by  law.     (Pa.  V20.) 
Probate 

To  cease  when  separate  orphans'  courts  are  organized  in  any 

county.     (Pa.  V  22.) 
Territorial  Extent 

Co-extensive  with  state.     (Del.  IV  19.) 

Process  to  be  issued   in  either   county;    into  each  county. 

(Del.  IV  19.) 
Name 

Common  pleas.   (Pa.  V  20;  S.C.  VI.) 
Superior.     (Del.  IV  1.) 
Procedure 

Amendments  in  pleading  and  procedure  to  be  directed  by  court 
upon  reasonable  terms  before  judgment,  so  that  error  in  them 
shall  not  hinder  determination  of  cause  on  real  merits.      (Del. 

IV  24.) 
Quorum 

One  (one-third  of  possible  number),  except  when  sitting  to  hear 
appeals  from  orphans'  court  or  the  registers'  court,  when  two 
shall  constitute  a  quorum;  but  one  judge  may  open  and  ad- 
journ any  of  said  courts.  (Del.  IV  5.) 
When  court  is  sitting  as  a  court  en  banc  to  hear  a  question  of  law 
four  (there  is  a  possibility  of  five)  ;  one  may  open  and  adjourn 

such  court.     (Del.  IV  15.) 
Sessions 

One  or  more  sessions  of  court  may  be  held  at  same  time  in  same 
county,  or  in  different  counties  and  the  business  in  the  several 
counties  may  be  distributed  and  apportioned  in  such  manner 
as  shall  be  provided  by  the  rules  of  the  said  courts;  whenever 
court  considers  that  question  of  law  ought  to  be  heard  by 
court  en  banc,  it  may,  upon  application  of  either  party,  direct 
it  to  be  so  heard;  court  to  consist  of  chief  justice  of  state  and 
four  of  state  judges;  judges  may  direct  cause  to  be  proceeded 
into  verdict  or  judgment  in  general  trial  court  for  civil  cases 
or  otherwise  proceeded  in.  (Del.  IV  6,  15.) 
Special  Organization  for  Parish  of  Orleans 

Detailed  provisions  for.      (La.  132  et  seq.) 
Special  Organization  for  Particular  Counties 

County  of  Philadelphia,  five  distinct  and  separate  courts  of  equal 
and  co-ordinate  jurisdiction  composed  of  three  judges  each, 
designated  respectively  as  number  one,  two,  three,  four,  five; 
the  number  may  be  by  law  increased  from  time  to  time  and  to 


Index  Digest  377 


COURTS  {Cont'd) 

General  Trial  Courts  for  Civil  Cases  Only   [Contfd) 
Special  Organization  for  Particular  Counties  (Cont'd) 

be  designated  by  successive  numbers.  The  courts  <<>  distribute 
the  business  among  them  in  such  manner  as  prescribed  by  rules 
of  court;  each  court,  to  which  any  suit  assigned  to  have  exclu- 
sive jurisdiction  thereof  subject  to  change  of  venue  as  provided 

bylaw.     (Pa.  V  6.) 

Each  trial  court  in  county  of  Philadelphia  to  have  its  separate 

docket  except  the  judgment  docket  shall  contain  the  judgment 

and  liens  of  all  the  said  courts  as  is  or  may  be  directed  by  law. 

(Pa.  V  7.) 
Tn  the  county  of  Allegheny  one  court  composed  of  judges  in  com- 
mission in  the  several  numbered  courts  of  common  pleas  exist- 
ing prior  to  the  amendment;  the  jurisdiction  to  extend  to  all 
proceedings  at  law  and  equity  instituted  in  the  several  num- 
bered courts;  to  be  subject  to  such  changes  as  may  be  made  by 
law  and  to  change  of  venue  as  provided  by  law;  number  of 
judges  may  be  increased  from  time  to  time;  the  present  judge 
shall  be  selected  as  provided  by  law.      ( Pa.  V  6. ) 

Time  of  Holding 

Two  in  each  county  each  year  at  times  appointed  by  law.     (S.C. 

V  16.) 
General  Trial  Courts  for  Criminal  Cases  Only 

Court  of  General  Sessions      (Delaware) ,  See  above,  this  title,  General 

Sessions,  Court  of. 
Court  of  Oyer  and  Terminer  (Delaware),  See  below,  this  title,  Oyer 

and  Terminer,  Court  of. 
Establishment,  See  above,  this  title,  Establishment. 

Judges 

Judges  of  general  trial  court  for  civil  cases  learned  in  the  law 

to  act.     (Pa.  V  9.) 
Judges  of  highest  court  to  be  justices  of  oyer  and  terminer  and 
general  jail  delivery  in  the  several  counties.     (  Pa.  V  8.) 

Jurisdiction 
Appellate 

From  inferior  courts  in  cases  where  said  courts  have  exclu- 
sive original  jurisdiction.      (S.C.  V  18.) 
From  justices'  courts  and  other  inferior  courts  and  tribunals 
under  such  regulations  as  may  be  prescribed  by  law.     (Tex. 

V  16.) 
Original 

Assault  and  battery';   concurrent    jurisdiction  with  inferior 

courts.      (S.C.  V  IS.) 
Criminal,  except  those  in   which  exclusive   jurisdiction  given 

to  inferior  courts.     |  s.( '.  V  18.) 
Larceny;  concurrent  jurisdiction  with  inferior  courts.      (S.C. 

V  18.) 
Riot;  concurrent  with  inferior  courts.     (S.C.  V  18.) 


378  State  Constitutions 

COURTS  {Cont'd) 

General  Trial  Courts  for  Criminal  Tasks  Only  {Cont'd) 
Special  Organization  for  Parish  of  Orleans 

Detailed  provisions  for.      (La.  132  et  seq.) 
Special  Organization  for  Particular  Counties 

General  trial  courts  in  counties  of  Philadelphia   and   Allegheny 
shall  from  time  to  time  detail  one  or  more  of  their  judges  to 
hold  court  as  may  be  prescribed  by  law.      (Pa.  V  8.) 
Time  and  Place  of  Holding 

Two  each   year  at  time   and  places   prescribed   by   law   in   each 

county.     (S.C.  V  18.) 
Highest  Court 

Advisory  Opinions 

Upon    important    questions   of   law   and    upon    solemn    occasions 
when  required  by  governor,  council,  senate  or  house  of  repre- 
sentatives.     ( Me.  VI  3. ) 
Upon    any    question    of    law;    on    request    of   governor   or    either 

branch  of  legislature.      (R.I.  Amend.  XII  2.) 
Upon    governor's    constitutional    powers    and    duties,    and    upon 

solemn  occasions.      (S.D.  V  13.) 
Upon  governor's  constitutional  powers  and  duties;   on  request  of 

governor;  opinion  to  be  in  writing.  (  Fla.  IV  13.) 
Upon  important  questions  of  law  and  upon  solemn  occasions;  on 
request  of  governor  and  council  or  either  branch  of  legislature. 
(Mass.  Pt.  II  Ch.  Ill  2;  X.H.  II  73.) 
Upon  important  questions  of  law  and  upon  solemn  occasions;  on 
request  of  governor  or  either  branch  of  legislature;  opinions 
published    in    connection    with    report    of    decisions    of    court. 

(Colo.  VI  3.) 
Appeals 

See  below,  this  subdivision,  Jurisdiction — Appellate. 

Sre  below,  this  s'uhdirision.  Procedure. 
Attendants,  See  below,  this  subdivision,  Officers. 
Bailiffs,  See  beloio,  this  subdivision*,  Officers. 
Character 

Shall  be  court  of  record.      (Ariz.  VI   K);   Cal.  VI   12;   Md.  IV  1; 

Mich.    VII    17;    Mont.    VIII    25  j    Xev.    VI    8;    Utah    VIII    17; 

„,  .   ,   T       .  Wash.  IV  11.) 

Chief  Justice 

See  also  below,  this  subdivision,  Judges. 

See  also  below,  this  subdivision,  Presiding  Officer. 

Chief   justice    of    stair.    Sir    iihnvr,    this    title,    CHIEF    JUSTICE   OF 

„  ..  State. 

Compensation 

As  provided  by  law  (fixed  in  domsl  itution  at  $3,500,  but  act 
of  1892,  chapter  388,  increased  to  $4,500).  (Md.  IV  24.) 
Hoio  Selected 

As  prescribed  by  law.     (Okla.  VII  6.) 

Appointed  from  among  members  oi  mint  by  governor  with 
consent  of  senate,  and  until  action  by  senate,  judge  desig- 
nated by  governor  to  act.     (Md.  IV  14.) 


Index  Digest  370 


COURTS  (Cont'd) 

Highest  Court   (Cont'd) 
Chief  Justice   (Cont'd) 

How  Selected   {Cont'd) 

By  court.      (Ala.  VI  152;  111.  VI  fi ;   Mo.  VI   2;  Okla.  VII   63 

Tnni.  VI  2:  Tex.  V  2.) 
By    court    in    manner    and    for   term    prescribed    by    rules   of 

court.     (S.D.  V9.) 
Judges  to  designate  by  lot.     (Fla.  V  2.) 
Elected  as  such.      (Ark.  VII  2;   Cal.  VI    3;    .Minn.  VI  2.  3; 

Mont.  VIII  S;  Nebr.  Wl  5;  X.V.  VI  7.) 
Judge  having  shortest  term  to  serve.     (Iowa  V  3 :   Pa.  VI  2.) 
Judge   having   shortest    term    to   serve,    not    tilling   vacancy. 
I  Ariz.  VI  3;  Ida.  V  ti  •.  Xev.  VI  3:   N.l).  IV  92;   Utah  VIII 

2;  Wyo.  V  4.) 
Judge  having  shortest  term  to  serve  not  filling  vacancy;  if 
two  judges  have  terms  expiring  on  same  day  younger  in 
years  of  two  shall  be  chief  justice  during  the  next  to  the 
last  year  of  his  term  of  office,  and  the  elder  during  the 
last  year  of  his  term  of  office.  (Colo.  VI  8.) 
Judge  having  shortest  term  to  serve,  not  filling  vacancy.  In 
case   two  judges  have  the  same  term,  other  judges  shall 

determine.     (Wash.  IV  3.) 

Until  otherwise  provided  by  law,  judge  having  shortest  term 

to  serve;  but  no  justice  appointed  or  elected  to  fill  vacancy 

shall  be  chief  justice.      (N.M.  VI  4.) 

Judge  holding  senior  commission;    if  two  have  commissions 

bearing  same  date  they  shall  determine  by  lot  who  shall  be 

chief  justice     (Xev.  VI  3.) 

Judge  longest  in  commission,  and  if  the  term  of  service    of 

two  or  more  shall  be  the  same,  they  shall  determine  by  lot. 

(Ivy.  IIS.) 
Judge  longest  in  continuous  service  as  member  of  court:  in 
case  two  or  more  have  continually  served  during  the  same 
period,  the  senior  in  years.  (Kan.  Ill  2.) 
Judge  longest  in  continuous  service  as  member  of  court; 
in  case  two  or  more  such  have  continuously  served  during 
same    period,    the    one    whose    commission     first    expires. 

(Wis.  VII   4.) 
Impeachment 

See  also  Impeachment. 

At  trial  of  chief  justice,  governor   shall   preside.      (Fla.    Ill 

39.) 
Term  of  Office 

As  prescribed  by  judges    fall   Judges   limited   to  a    six-year 

term).      ('S.D.  V  9.) 
Vacancies 

Filled  by  appointment  by  governor  until  successor  elected; 
successor  elected  at  next  general  election  for  state  offices 
for  unexpired  term.      (Tex.  V  2.) 


380  State  Constitutions 

COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Chief  Justice   (Cont'd) 
Vacancies   ( Con  t'd ) 
,  Filled  by  governor  with  consent  of  senate  if  in. session  or  by 

governor  alone  if  senate  not  in  session,  until  vacancy 
filled  at  next  general  election  held  not  less  than  three 
months  after  vacancy  occurs,  when  successor  elected  for 
full  term;  if  appointment  is  from  among  associate  judges, 
temporary  appointment  of  associate  judge  to  be  made, 
but  person  appointed  chief  justice  not  deemed  to  vacate 
office  of  associate  judge  any  longer  than  until  expiration 
of  apj)ointment  as  chief  justice.  (N.Y.  VI  8.) 
Associate  judge  who  has  served   longest  time  shall  become. 

(La.   87.) 

Clerks 

See  also  above,  this  title,  Clerks. 
Accounts 

Legislature  to  provide  a  state  examiner  to  examine.      (Mont. 

VII    8.) 

Bonds  % 

To   give    bond   as   prescribed   by    law.      (Okla.    VII    7;    Tex. 

V  3.) 
To   give    such    security    as    legislature    may    require.      (Wis. 

VII  12.) 

Compensation 

Amount,  court  to  fix  until  provided  by  law.      (Ariz.  VI  17.) 

Amount,  as  provided  by  law.      (Cal.  VI  21,;   Ida.  V  15;   111. 

VI   32;    Mich.   VII   6;    Mont.  VIII   9;    N.Y.   VI    19;    Okla. 

Sched.  17;  S.  C.  V  7;  S.D.  V  12;  Tex.  V  3;  Wash.  IV  22; 

Wyo.  V  9.) 
Salaries,    fees    and    emoluments    to    be    prescribed    by    law. 

(N.C.   IV    18.) 
Fees  and  perquisites  prohibited.      (Ariz.  VI   17.) 
Fees   and   perquisites   as   provided   by   law   and   by   rules   of 

court.      (Colo.  VI  9.) 
Fees  and  perquisites,  legislature  to  regulate  fees  and  compen- 
sation  allowed   in   all    civil   matters.      (La.    120.) 
Fees   and    perquisites    to    be    turned    over    to    state    treasury 

and  credited  to  general  fund.      ( Mich.  VII  6. ) 
Payable  out  of  state  treasury.      (N.Y.   VI    19.) 

Hoiii  Selected 

Appointed.      (N.M.   VI   9.) 

Appointed  by  court.  (Ark.  VII  7:  Cal.  VI  21;  Fla.  V  7: 
Ida.  V  15;  La.  88;  Mich.  VII  6;  Mo.  VI  39;  N.C.  IV  15; 
S.C.  V   7;   Tex.  V  3;   Utah  VIII    14;    Wis.  VII   12:    Wyo. 

V  9.) 
Appointed   by   court,   until   legislature   provides   for  election. 

(Wash.  IV.  22.) 


Index  Digest  3S1 


COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Clerks   (Cont'd) 

How  Selected  (Cont'd) 

Appointed  by  judges.      (Ala.  VI   164;   Ariz.   VI    17;   Colu.   \  I 

9;  Kan.  Ill  4;  X.D.  IV  92;  S.D.  V  12;  Tenn.  VI   13.) 
Elected.      (111.   VI   10;    Wis.   VII   12.) 

Elected    at    each    election    for    governor.      (Ivy.     120;    Ukla. 

VII  7.) 
Elected  by  qualified  voters  of  state.      (Ind.  VII  7;   Md.  IV 

17;   Mont.  VIII  9.) 
Elected  by   qualified   voters   of   state  as  other  state  officers. 

(Miss.  VI  168.) 
Secretary  of  state  to  be.      (X.J.  VI  Sec.  II  4.) 
Clerk  of  a  general  trial  court  may  be  appointed.      (Wis.  VII 

12.) 
Reporter  shall  act  as.      (Xebr.  VI  8.) 

Location  of  Office 

Seat  of  government.      (Fla.  V  7;  Xev.  XV  12;  X.Y.  VI  19.) 
Seat   of   government   in    suitable   rooms   provided   by    state. 

(Mo.  VI  10.) 

X  umber 

One  clerk  for  each  division   (three  divisions).      (111.  VI  10.) 

Powers  and  Duties 

As  prescribed  by  law.      (Ind.  VII  7;  Kan.  Ill  4;  Mich.  VII 

6;  S.C.  V  7;  Wyo.  V  7.) 
As  prescribed  by  law  and  rules  of  court.  (Mont.  VIII  9.) 
As  prescribed  by  law  and  rules  of  the  court  not  inconsistent 

with  law.      (X.D.  IV  93;   S.D.  V  12.) 
As  prescribed  by  law  or  by  rules,  or  order  of  court.      (Cal. 

VI  9,  21.) 
To  be  librarian  of  court  library.      (Fla.  V  7.) 

Prohibitions  on  Practice  of  Law 

In  any  court  of  state.      (Mont.  VIII  31.) 

Qualifications 

Age,  at  least  25  years.      (Okla.  VII  7.) 
Age,  at  least  21  years.      (Ky.  121.) 

Certificate  from  a  judge  of  the  court  that  he  has  been  ex- 
amined by  him,  or  by  the  clerk  of  his  court  under  his 
supervision,  and  that  he  is  qualified  for  the  office.      (Ky. 

121.) 
Citizen  of  state.      (Ky.   121.) 
Elector  of  state.      (Okla.  VII  7.) 

Resident  in  state  two  years  next  preceding  election.      I  Ky. 

121.) 

Reappointment 

Eligible  for.      (Md.  IV  25.') 

Ineligible  for  succeeding  term.      IKv.  120.) 


oS2  State  Constitutions 

COURTS  (Cont'd) 

Highest  Court  (Con I'd) 

Clerks   (Cont'd) 

Removal 

To  be   removed  on   prosecution   and  final  conviction  for  mis- 
demeanor in  office.      (111.  VI   10,  30.) 
As  provided  by  law.      (Wis.  VII   12.) 

At  pleasure  of  court.      (Cal.  VI  21;    La.   88;    Mich.  VII   6; 

N.M.   VI    9.) 
At  pleasure  of  judges.      (Ariz.  VI   17.) 

By   court   for   cause  entered  at  length  upon  the  minutes  of 

court.      (Ala.  VI   166.) 
By   court   for  good  cause.      (Ark.   VII   7.) 
By  court  for  good  cause  entered  on  minutes.      (Tex.  V  3.) 
By  court  for  incompetency,  neglect  of  duties,  misdemeanors 
in  office  or  other  cause  prescribed  by  law.      (Md.  IV   17.) 
By    court    upon    information    and    good    cause    shown;    the 
court  to  be  judge  of  the  facts,  as  well  as  the  law;   two- 
thirds    of    members    present    must    concur    in    sentence. 

(Ky.  124.) 
For  mental  or  physical  inability  by  judge  riding  the  dis- 
trict. Clerk  against  whom  proceedings  are  instituted 
should  receive  notice  and  copy  of  cause  for  removal  at 
least  10  days  before  day  appointed  to  act  thereon.  Clerk 
entitled  to  appeal  to  general  trial  court  and  thence  to 
highest  court  as  provided  in  other  cases  of  appeals.     (N.C. 

IV  32.) 
Residence 

In  division  for  which  elected.      (111.  VI   10,  32.) 

Term  of  Office 

At   pleasure  of  highest   court.      (Cal.  VI   21.) 
Begins   first   Monday    in    January    following   election.      (Ky. 

120.) 
During    pleasure    of    court,    unless    legislature    provides    for 

election  and  definite  term.      (Wash.  IV  22.) 
During  pleasure  of  judges.      (Colo.  VI  9;   Ida.  V   15;   N.D. 

IV  93;   S.D.  V  12;  Utah  VIII  14;  Wyo.  V  9.) 
Two  years.      (Kan.  Ill  4;  Wis.  VII  12.) 
Four  years.      (Ind.   VII    7;    Miss.   VI    168;    S.C.  V   7;    Tex. 

V  3.) 
Four  years   and   until   successors   are  elected   and   qualified. 

(Ky.    120.) 
Six  years.      (Ala.  VI  164;   Ark.  VII  7;   Tenn.  VI   13.) 
Six   years   and   until   successor   qualified.      (111.   VI    10,   32; 

Md.  IV  17.) 
Six    years    and    until    successor    appointed    and    qualified. 

(Mont.  VIII  8.) 
Eight  years;   to  hold  until   successors  are  qualified.      (N.C. 

IV  15,  25.) 


Iki.kx   Dig-est  383 


COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Clerks  (Cont'd) 
\  acawiis 

Filled  by   appointment  of  court  until  election   oFTsuccessor. 

(Wis.  VII  12.) 

Filled  t»y  appointment  of  court  until  election   of  successor, 

also  if  clerk   be  under  charges,   court   to  appoint.      (Ky. 

122.) 
Filled  by   appointment   of   court   until   election   of   successor 
at  next  general  election  for  members  of  legislature;   per- 
son elected  to  hold  office  for   six  years.      (Md.  IV   17.) 
Filled   by    appointment    of    governor    until    election    of    suc- 
cessor;    successor    elected    for    unexpired    term.      (Mont. 

VIII    34.) 
Filled  by  election.     If  unexpired  term  does  not  exceed  one 
year,  to  be   filled  by   appointment  of  court  or   judges  to 
which   office   appertains.      (111.   VI    10,   32.) 

Commissioners'  Courts  of  Appeal 

Legislature  may  from  time  to  time  provide  for  special  court  of 
appeals  to  try  cases  on  docket  of  supreme  court  of  appeals  in 
respect  to  which  a  majority  of  judges  are  so  situated  as  to 
make  it  improper  for  them  to  sit  and  also  to  try  any  cases 
on  said  docket  which  can  be  disposed  of  with  convenient  dis- 
patch. Said  special  court  shall  be  composed  of  not  less  than 
three  nor  more  than  five  judges  of  the  general  trial  courts 
and  city  courts  of  record  in  cities  of  the  first  class  or  judges 
of  either  of  said  courts  together  with  one  or  more  judges  of 
the  highest  court  of  appeals.      (Va.  VI  89.) 

A  commission,  the  members  of  which  shall  not  last  for  more 
than  two  years  or  be  created  oftener  than  once  in  10  years; 
five  members  appointed  by  governor  with  consent  of  senate, 
to  dispose  of  business  then  on  dockets  of  highest  court  as 
shown  by  arrangement  between  highest  court  and  commission 
by  transferring  to  such  commission;  to  have  power  vested  in 
highest  court;  majority  to  form  a  quorum.  Judgment  to  be 
entered  and  enforced  as  judgment  of  highest  court.  At  ex- 
piration of  commission,  all  business  undisposed  of  certified  to 
highest  court;  clerk  and  reporter  of  highest  court  shall  be 
clerk  and  reporter  of  commission.  Vacancies  filled  by  gover- 
nor with  advice  and  consent  of  senate  if  senate  in  session,  if 
not  in  session,  by  governor.  Constitution  provides  for  first 
commission;  subsequent  commissions  may  be  created  on  appli- 
cation   of    highest    court    by    a    vote    of    two-thirds    members 

elected.      (Ohio  IV  22.) 

Prohibited.      (Cal.   VI   25.) 

For  temporary  assignment  of  judges 

See  below,  this  subdivision,  Judges — Ad  Litem  Appointees. 
See  below,  this  subdivision,  Judges  —  Number. 


384  State  Constitutions 

COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Costs 

Shall  not  exceed  $10  until  otherwise  provided  by  law;  plaintiff 
in  error  shall  not  be  required  to  pay  costs  in  said  court  when 
the  usual  pauper's  oath  is  filed  in  court  below.      (Ga.  VI  Sec. 

XXI    1.) 

Judges  to  make  such  reductions  in  fees  and  expenses  of  court  as 

they  may   deem   advisable ;    all   rules  and  regulations  to  have 

the    force    of    law    until    changed,    modified    or    rescinded    by 

judges  or  legislature.      (Md.  IV  18.) 

Court  Crier,  See  below,  tliis  subdivision,  Officers. 

Decisions 

See  also   beloic,  this  subdivision,  Judgments. 
Advisory     Opinions,     See     above,     this     subdivision,     Advisory 

Opinions. 
Filing 

At  close  of  each  term  judges  to  file  with  secretary  of  state 
concise  written  statements  of  decisions  made  at  that  term. 

(Ore.  VII   4.) 
No  judgment  to  take  effect  until   decision   filed  with  clerk. 

( Fla.  XVI  6 ;  Nev.  XV  8. ) 
To  be  filed  in  office  of  clerk.      (Mich.  VII   7.) 

Force   of 

To   bind   as   precedents   the    intermediate    court   of    appeals. 

(Ga.  VI  Sec.  II  9;  Mo.  VI   (Amend.  1884)   6.) 
Power  of  people  to  adopt  laws  declared  unconstitutional,  See 
above,    tliis    title,    Decisions. 

'Number  Necessary   to  Render 

Majority.  {Ariz.  VI  2;  Ida.  V  6;  Mont.  VIII  5;  Nebr.  VI 
2;  Nev.  VI  2;  N.M.  VI  5;  N.D.  IV  89;  Okla.  VII  3; 
S.D.  V  7;   Utah  VIII  2;   Wash.  IV  2.) 

Majority,  except  as  provided  in  constitution.      (Ohio  IV  2.) 

Two    (out  of  three).      (Tex.  V  2.) 

Two  (out  of  three)  ;  when  court  increased  to  five,  a  majority. 

(Ark.  VII  2.) 

No  judgment  or  decree  to  be  affirmed  by  disagreement  of 
two  judges   (out  of  three)   constituting  a  quorum.      (Miss. 

VI  165.) 

Three   (out  of  five).      (La.  88;  Tenn.  VI  2.) 

Three  (out  of  five)  for  court  to  determine  that  any  law  is 
or  is  not  repugnant  to  constitution  of  state  or  United 
States.  If  not  more  than  two  can  agree  case  to  be  re- 
heard by  full  bench,  and  in  no  case  where  jurisdiction  of 
court  depends  solely  upon  fact  that  constitutionality  of 
law  is  involved  shall  court  decide  case  upon  its  merits 
unless  contention  of  appellant  upon  constitutional  ques- 
tion  is   sustained.      (Va.  VI   88.) 


Ixdex  Uigi>  r  385 


COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Decisions  (Cont'd) 

Number  Necessary  to  Rentier   (Con I'd) 

No  decision  considered  binding  authority  upon  any  inferior 
court  except  in  particular  case  decided  unless  decision 
concurred    in    by    three    judges     (out    of    four).       (W.Va. 

VIII  4.) 
Concurrence  of  three  judges    (out  of  four)   necessary  for  re- 
versal of  judgment.      (S.C.  V  12.) 
Whenever  three  judges   (out  of  five)    cannot  concur  in  case, 
court   to   call   on   any   judge   of   intermediate  court  of   ap- 
peal  or   general   trial   court.      (La.   S9.) 
Three    (out  of  eight).      (Md.  IV  15.) 
Four    (out  of  seven).      (111.  VI  2 j  Kan.  Ill  2.) 
Four    (only  seven  may  sit).      (N.Y.  VI   7.) 
Four   (out  of  seven)   when  court  is  sitting  as  court  en  banc. 
If  only  four  judges  present,  and  they  do  not  concur,  all 
judges  qualified  to  sit  in  case,  shall  hear  argument.     (Cal. 

VI  2.) 
When  judges  equally  divided,  fact  to  be  entered  upon  rec- 
ord;   entry    an    affirmance   of    judgment    of    court    below. 

(Ohio  IV  2.) 
If  equally  divided  in  opinion,  no  judgment  shall  be  entered 
based  on  such  division,  but  parties  to  cause  may  agree 
upon  some  person  learned  in  law  to  act  as  special  judge 
in  cause,  who  shall  sit  therein  with  court  and  give  deci- 
sion in  same  manner  and  with  same  effect  as  one  of  the 
judges.  If  parties  cannot  agree  upon  a  special  judge 
court  shall  appoint  one.  (Mo.  VI  11.) 
No  case  involving  the  construction  of  constitution  of  state 
or  United  States  to  be  decided  except  by  court  en  banc 
(two   or   more   divisions   of   court   are   possible).      (Colo. 

VI  5.) 
No  law  to  be  held  unconstitutional  without  concurrence  of 
at  least  all  but  one  of  judges,  except  in  affirmance  of 
judgment  of  intermediate  court  of  appeals  declaring  law 
unconstitutional  and  void.  (Ohio  IV  2.) 
Such  cases  only  as  may  be  heard  by  whole  court  shall  be 
considered  by  all  the  justices    (there  are  two  divisions). 

(Kan.    Ill   2.) 

Publication    of 

Copyright  of  the  state  reports  to  belong  to  state.      (Nebr. 

V] 
No   private   person   or    corporation    to    secure    copyrighl  ;    if 
cnpvright  secured  to  inure  to  benefit   of  state      (S.D.  V 

12.) 

Provision  to  be  made  by  legislature.      (Mont,  VIII 

13 


386  State  Constitutions 

COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Decisions  (Cont'd) 

Publication  of   (Cont'd) 

Provision  to  be  made  by  legislature;  all  opinions  to  be  free 
for  publication  by  any  person.      (Ariz.  VI  16;  Utah  VIII 

23.) 
Provision  to  be  made  by  legislature  for  publication  at 
expense  of  state  of  cases  designated  by  court;  to  make 
no  provision  for  payment'  by  legislature  for  publication 
of  any  case  decided  by  court  not  so  designated;  all  opin- 
ions free  for  publication  to  any  person.  (Mo.  VI  43,  44.) 
Provision  to  be  made  by  legislature  for  speedy  publication; 
all   opinions   free  for   publication   to   any  person.      (Nev. 

XV  8;  Wash.  IV  21.) 

Provision  to  be  made  by  legislature  for  speedy  publication 

of   all   cases   designated   by   court;    all    opinions   free   for 

publication  to  any  person.      (Cal.  VI  16.) 

Provision  to  be  made  by  legislature  for  speedy  publication. 

(Ind.  VII  5;  S.C.  V  32.) 
Provision  to  be  made  by  legislature  for  publication,  distri- 
bution and  sale.      (N.D.  IV  93;   S.D.  V   12.) 
Provision   to  be  made   for   all   cases   designated   by   court. 

(Md.  IV  16.) 
Right  of,  to  be  given  by  contract  to  lowest  bidder  who  need 
not  be  citizen  of  state;   concurring  and  dissenting  opin- 
ions to  be  published.     (La.  92.) 
To   be   free  for   publication  by   any   person.      (Fla.   XVI   6 

(1896).) 
Reasons  to  Be  Set  Forth 

All  decisions,  including  all  cases  of  mandamus,  quo  war- 
ranto and  certiorari,  shall  be  in  writing  with  a  concise 
statement  of  the  facts  and  reasons;  signed  by  those  con- 
curring; any  judge  dissenting  to  give  reasons  for  such 
dissent  in  writing  under  signature.  (Mich.  VII  7.) 
All  decisions,  whether  en  banc  or  by  departments,  in  writ- 
ing; grounds  stated.  (Cal.  VI  2.) 
Each    point    raised    on    record    decided;    reasons    stated    in 

writing.      (Ind.  VII  4.) 
Every  point  fairly  raised  on  record  considered  and  decided ; 
reasons  concisely  stated  in  writing,  signed  by  judges  con- 
curring, filed  in  office  of  clerk  and  preserved  with  record; 
judge  dissenting  may  give  reasons  in  writing  over  signa- 
ture.    (N.D.  IV  101.) 
Every   point  fairly  raised  upon   record   of   case,   considered 
and   decided;    reasons    concisely    stated   in   writing;    pre- 
served  with  record.      (W.Va.  VIII   5.) 
Every  point  made  and  distinctly  stated  in  cause  and  fairly 
raised  upon  record  considered   and  decided;   reasons  con- 
cisely stated  in  writing  and  preserved  with  record.     (S.C. 

V  8.) 


Index  Digest  387 


COURTS  (Cont'd) 

Highest  Court  {Cont'd) 
Decisions  [Cont'd) 

Reasons  to  Be  Set  Forth   (Cont'd) 

In   writing;    grounds    stated.       (Ariz.    IV    2;    Cal.    VI   24; 

Wash.   IV   2.) 
In  writing;  preserved  with  records.      (Va.  VI  90.) 
Reasons  concisely  stated  in  writing,   signed  by  judges  con- 
curring, filed  in  office  of  clerk  of  highest  court  and  pre- 
served  with   record   of   case;    judge   dissenting   may   give 
reasons  in  writing  over  signature.     (Utah  VIII  26.) 
Reporting   of 

Court  to  prepare  syllabus  of  points  adjudicated  concurred 
in  by  three  judges  (out  of  five)  :  to  be  prefixed  to  pub- 
lished report  of  case.  (W.Va.  VIII  5.) 
Court  to  prepare  syllabus  of  points  adjudicated,  which  shall 
be  concurred  in  by  a  majority  of  judges  thereof;  syllabus 
to   be   prefixed   to   published   reports   of   case.      (N.D.   IV 

102;  Utah  VIII  26.) 
No  judge  shall  be  allowed  to.      (Ind.  VII  6.) 
To  be  reported   together   with  the  reasons   thereof.      (Ohio 

IV  6.) 
To  be  reported  under  direction  of  court.      (La.  92.) 

Time  Given  for 

To  dispose  of  every  case  at  first  or  second  term  after  writ 

of  error  is  brought.      (Ga.  VI  Sec.  II  6.) 
May  withhold   its  judgment  until  next  term  after   case  is 

argued.     (Ga.  VI  Sec.  II  7.) 
Six  months  after  submission.     (Okla.  VII  5.) 
Sixty  days  from  last  day  of  court  at  which  the  cases  were 

heard.     (S.C.  V  17.) 
No  judge  to  receive  salary  until  he  makes  and  subscribes 
affidavit  that  no  cause  in  his  court  remains  pending  unde- 
cided that  has  been  submitted  for  decision  for  period  of 
90  days.      (Cal.  VI  24.) 
Same;  30  days.     (Ida.  V  17.) 
Divisions 

Court  may  sit  in  departments  and  en  banc;  two  departments, 
denominated  one  and  two.  Chief  justice  shall  assign  three 
judges  to  each  department;  assignment  may  be  changed  from 
time  to  time;  judges  may  interchange  with  each  other  by 
agreement  or  as  ordered  by  chief  justice;  each  department 
power  to  determine  cases;  all  questions  arising  subject  to 
provisions  hereafter  contained  in  court  en  banc:  chief  justice 
shall  apportion  business  in  departments:  and  order  any  case 
pending  to  be  heard  in  court  en  lane;  order  made  before  or 
after  judgment  in  department;  if  made  after  judgment,  may 
be  in  30  days  and  concurred  in  by  two  associate  judges; 
any   four   judges  may  after  judgment  order   a   case  heard  en 


-SS  State  Constitutions 


COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Divisions   (Cont'd) 

banc;  no  judgment  of  department  final  until  30  days  unless 
approved  by  chief  justice  in  writing  with  concurrence  of  two 
associate  judges;  chief  justice  may  convene  court  en  banc  at 
any  time  in  division  of  chief  justice  not  present;  a  presiding 
judge  elected  by  associates  in  division.      (Cal.  VI  2.) 

Court  at  its  option  to  sit  en  banc  in  two  or  more  departments; 
each  to  have  full  power  and  authority  to  determine  causes, 
issue  writs,  and  the  exercise  of  powers  of  court,  subject  to 
control  of  court  sitting  en  banc  and.  such  rules  as  the  court 
may  make;  no  decision  of  any  division  to  become  judgment  of 
court  unless  concurred  in  by  at  least  three  of  the  seven  judges. 

(Colo.  VI  5.) 

When  court  consists  of  six  judges,  may  hear  and  determine 
cases  and  exercise  any  of  its  power  when  sitting  either  in  a 
body  or  in  two  divisions  under  such  regulations  as  may  be 
prescribed  by  law,  or  by  rules  of  court  not  inconsistent  there- 
with; when  any  member  of  a  division  of  the  court  shall  dis- 
sent from  a  majority  of  the  division  on  any  question,  such 
question   shall   be   submitted   to   the  court   sitting   in   a  body. 

(Fla.  V  5   (1902).) 

Court  power  to  hear  and  determine  cases  sitting  in  a  body  or 
in  two  divisions  of  three  judges,  under  regulations  prescribed 
by  legislature;  court  power  to  hear  and  determine  cases  in  a 
body  or  in  two  divisions;  a  majority  of  a  division  constitutes 
a  quorum  for  that  division.     (Ga.  VI  Sec.  II  S.) 

Court  may  sit  in  two  divisions  with  full  power  in  each  division 
to  determine  cases  assigned  to  be  heard  by  such  division;  the 
presiding  justice  of  each  division  to  be  selected  from  the  senior 
in  continuous  "term  of  service  and,  if  two,  the  senior  in  years 
to  preside;  a  quorum  to  consist  of  those  judges  and  the  con- 
currence of  three  justices  necessary  to  a  decision  (there  are 
seven  judges).      (Kan.  Ill  2.) 

The  court  if  composed  of  seven  judges  to  divide  itself  into  sec- 
tions  if   in   judgment    of   court   such   arrangement   necessary. 

(Ky.  118.) 

Court  to  be  divided  into  two  divisions,  one  to  consist  of  four 
judges  (known  as  Division  No.  1)  ;  other  to  consist  of  remain- 
ing three  judges  (to  be  known  as  Division  No.  2)  ;  concurrent 
jurisdiction  of  all  causes,  except  that  No.  2  to  have  exclusive 
cognizance  of  all  criminal  cases;  division  of  business  made  as 
court  shall  determine;  majority  of  judges  of  division  constitute 
a  quorum;  orders,  judgments  and  decrees  of  either  division 
to  have  force  and  effect  as  judgments  of  court;  two  judges 
appointed  by  governor,  on  passage  of  amendment,  together  with 
judge  elected  at  general  election  in  1S90  to  constitute  Division 
No.  2;  remaining  (older  judges)  shall  constitute  Division  No. 
1 ;  when  judges  are  equally  divided  in  opinion,  or  when  judge 


Index  Digest  389 


COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Divisions   (Cont'd) 

of  division  dissents  from  opinion,  or  when  federal  question 
involved,  cause,  on  application  of  losing  party,  transferred  to 
court  en  banc:  a  division  may  order  cause  transferred;  each 
division  to  elect  a  presiding  offices;  court  to  assign  to  each 
division  causes  and  matters  to  be  heard  by  it ;  public  notice 
given;  laws  relating  to  practice  and  rules  to  apply  to  each 
division  so  far  as  applicable;  opinions  of  each  division,  in 
writing,  filed  in  causes  in  which  respectively  made  during  term 
at  which  cause  submitted;  each  division  authorized  to  issue 
original  writs  and  exercise  other  powers  enumerated  in  judi- 
cial article  of  constitution;  if  highest  court  believes  docket 
with  reference  to  speedy  disposition  of  business  will  justify 
dispensing  with  divisions,  court  to  dispense  therewith  and 
hear  all  cases  pending  before  it,  but  court  has  power  to  again 
divide  itself  into  two  divisions;  whenever,  in  opinion  of  six 
judges  entered  of  record,  condition  of  docket  with  reference  to 
speedy  disposition  of  business  so  requires,  and  in  such  division 
four  judges  oldest  in  commission  to  constitute  Division  Xo.  1 
and  remaining  Division  Xi>.  _'.  (Mo.  VI  1,  2,  3,  4a.) 
Until  otherwise  provided  by  law.  districts  from  which  the  judges 
of  the  highest  court  elected  shall  be  constituted  as  follows 
( shows  the  specific  designation  of  three  districts  which  can 
by  law  be  increased  to  not  more  than  five).  (S.D.  V  11.) 
Legislature    may    provide    for    separate    departments.       (Wash. 

IV  2.) 
Establishment,  gfee  above,  this  tittie,  Establishment. 
Judges 

See  also  below,  this  title,  Judges. 

In  Delaware,  See  above,  this  title,  Associate  Judges  of  State. 

Ad  Litem  Appointees 

Absence  of  judge  a  reason  for.      (X.M.  V!  6;  R.I.  X  5.) 
Absence  of  quorum  a  reason  for.     (Del.  IV  18;  Va.  VI  8S.) 
Declination    of    two    or    more    judges    to   act    a    reason    for. 

(Ky.   117.) 

Disqualification    of    one    or    more    judges    to    sit    in    case,    a 

reason   for.      (Ariz.  VI   3;    Ark.   VII  9;   Cal.  VI  4;   Fla. 

V  6;   Ga.  VI   Sec.   II   2;    Ida.   V   6;    Miss.   VI    It',:,;    Mont. 

VIII  5;  Tenn.  VI  11;  Tex.  V  11;  Utah  VIII  2.) 

Disqualification  of  majority  of  judges  a  reason   for.      (Minn. 

VI   3.) 
For  causes  of   disqualifo-atiou.    Bee    below',    this   subdivision, 

J^IDGES  —  When   Pi;oiui:ited   fi:om    Sitting. 
If    majority    of    judges    disqualified,    ease    may    be    died    by 
special  court  of  pleae  created  by  legislature  front  time  to 
time  to  try  such  eases.      (  Ya.  Y  1    88.) 
Equal  difference  of  opinion  anions.'  judges  a  reason  for.     ( Mn. 

VI  11.) 


390  State  Constitutions 

COURTS  (Cont'd) 

Highest  Coukt  (Cont'd) 
Judges   (Cont'd) 

Ad  Litem  Appointees   (Cont'd) 

Failure  of  three  members  of  court  to  concur  in  any  case,  a 

reason  for.      (La.  89.) 
Illness  of  judge  a  reason  for.     (Fla.  V  6.) 
Impeachment    of    judge     (before   conviction)     a   reason    for. 

(R.I.  X  5.) 
Inability  of  judge  to  sit  in  case  a  reason  for.     (Cal.  VI  4; 

Ida.  V  C.) 
Incapacity  of  judge  a  reason  for.      (N.M.  VI  6.) 
Interest  of  judge  in  case  a  reason  for.     (N.M.  VI  6;  N.D.  IV 

100;  Tex.  V  11.) 
Unwillingness  of  a  majority  of  judges  to  sit  in  case  a  reason 

for.     (Va.  VI  88.) 
Certification   of   temporary   vacancy   by   court   to   governor. 

(Tex.  V  11.) 
Certification  of  temporary  vacancy  by  chief  justice  to  gov- 
ernor.     (Ivy.  117.) 
Appointment  as  prescribed  by  law.     (Fla.  VI  6;  Va.  VI  88.) 
Assignment  by  governor  from  judges  of  general  trial  court. 

(Ga.  VI  Sec.  II  2.) 
Assignment    by    court    of    judge    of    intermediate    court    of 

appeals  or  general  trial  court  to  act.     (La.  89.) 
Assignment   by   remaining   judges   of   court   from   judges   of 

intermediate  court  of  appeals.      (Cal.  VI  4.) 
Assignment   by   remaining   judges   of   court   from   judges   of 
general  trial  court.     ( Ariz.  VI  3 ;  Ida.  V  6 ;  Mont.  VIII  5 ; 
N.M.  VI  6;  N.D.  IV  100;  Vt.  VIII  2.) 
Appointment  by  governor.      (Ark.  VII  9;   Del.  IV  18;   R.I. 

X  5;  Tenn.  VI  2;  Tex.  V  11.) 
Appointment  by  governor  from  judges  of  general  trial  court; 
if  governor  interested  in  case,  assignment  made  by  lieu- 
tenant-governor.     (Ky.  117;  Minn.  VI  3.) 
Appointment    by    parties;    if    parties    cannot    agree,    court 

appoints.      (Mo.  VI   11.) 
Appointment  by  parties;  if  parties  cannot  agree  governor  to 

appoint.      (Miss.  VI  165.) 
Qualifications  same  as  for  member  of  court.      (Ky.  117.) 
Appointee  to  be  learned  in  law.      (Ark.  VII  9.) 
Appointee  to  have  law  knowledge.      ( Miss.   VI   165 ;   Tenn. 

VI  11.) 
Member  of  Congress  or  person  holding  or  exercising  an  office 
under  the  United  States  not  to  be  disqualified.      (Del.  IV 

18.) 
Appointment  to  cease  on  termination  of  cause  for  appoint- 
ment,    (Cal.  VI  4;  Del.  IV  IS;  Miss.  VI  165;  R.I.  X  5.) 
Compensation  as  prescribed  by  law;  to  be  reasonable.     (Del. 

IV  18.) 


Index  Digest  391 


COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Judges   (Cont'd) 

Ad  Litem  Appointees   (Cont'd) 

Compensation  same  as  for  member  of  court,  being  propor- 
tioned to  length  of  service.     (Ky.  117.) 
Powers,  decisions  and  opinions  to  have  same  effect  as  regu- 
lar judge  of  court.     (Mont.  VIII  5.) 
Advisory  Opinions,  See  above,  this  subdivision,  Advisobt  Opin- 
ions. 
Chief  Justice,  See  above,  this  subdivision,  Chief  Justice. 
Commissions 

If   two   judges   elected    at   same   time,    shall   cast   lots   for 
priority   of   commission   and   certify   results   to  governor, 
who   shall   issue   their   commissions   in   accordance   there- 
with.    (Pa.  V  17.) 
To  be  commissioned  by  governor.      (Ky.   113.) 
Compensation 

As  provided  by  law.     (Ark.  VII  10;  Colo.  VI  18;  Iowa  V  9; 

Kan.   Ill    13;    Minn.   VI   6;    Miss.   VI    166;    Mo.   VI    33; 

Nev.  VI  15;  N.D.  IV  99;  Ohio  IV  14;  S.C.  V  9;  Tenn.  VI 

7;  Wash.  IV  13;  Wyo.  V  17.) 

As    provided   by    law,    consistent   with    constitution.      (S.D. 

V   30.) 
As   provided  by  law;    to  be  adequate.      (Ky.   112.) 
As   provided  by   law;    to   be   honorable   and   established   by 

standing  laws.      (N.H.   I   35.) 
As  provided  by  law;  to  be  permanent  and  honorable;  to  be 
increased    if    not    sufficient.      (Mass.    Pt.    II    Ch.    II    Sec. 

I    13.) 
Salaries,    fees    and    emoluments    to    be    prescribed    by    law. 

■     (N.C.   IV    18.) 
Compensation  shall  be  received.     (Me.  VI  2;  E.I.  X  6.) 
Not  less  than  $1,500  per  annum.      (Kan.  Ill   13;   Wis.  VII 

10.) 
$2,000    per    annum    in    constitution;     now    $4,500.       (Ore. 

XIII  1.) 
$2,200    per    annum    in    constitution;    now    $5,500.      ( W.Va. 

VIII  16.) 
$3,000  per  annum.      (Fla.  V  9.) 

$3,000  per  annum  until  otherwise  provided  by  law.      (Ida. 

V  17;  Utah  VIII  20.) 
Not  to  exceed  $3,000  per  annum;   until  increased  by  legisla- 
ture   on    two-thirds   vote    of    each    house.      (Ga.    VI    Sec. 

XIII    1,    2.) 
$3,500  per  annum,  until  otherwise  provided  by  law.      ( Md. 

IV  24.) 
$4,000   per   annum   until   otherwise   provided  by   law.      (111. 

VI  7;  Mont.  VIII  29;  Okla.  Sched.  16;  Tex.  V  2.) 
Not   less  than  $4,000   per   annum.      (Wash.  VI    14;    Va.   VI 

103.) 


392  State  Constitutions 

COURTS  (Cont'd) 

Highest  Court  {Cont'd) 
Judges    (Cont'd) 

Compensation   ( Cont'd) 

$4,500  per  annum.      (Nebr.   VI    13.) 

$5,000  per  annum,  until  otherwise  provided  by  law.      (Ariz. 

VI  10.) 
Not  less  than  $5,000  per  annum.      (La.  S6. ) 
Not  less  than  $6,000  per  annum.      (N.M.  VI  11.) 
$7,000  per  annum  for  first  term  subsequent  to  formation  of 

state  government.      (Nev.   XVII   5.) 
$8,000  per  annum.      (Cal.  VI  17.) 

Such  of  six  judges  as  shall  attend  court  shall  receive  a  per 
diem  compensation  as  prescribed  by  law.      (N.J.  VI  2,  3.) 
Mileage  same  as  members  of  legislature.      (W.Va.  VIII  16.) 
Mileage  prohibited.      (Mont.  VIII   30.) 

Fees   and   perquisites   prohibited.      (Ark.   VII    10;    Colo.   VI 

18;   Kan.  Ill   13;   La.  96;   Me.  VI  2;   Minn.  VI  6;   Mont. 

VIII   30;   Nebr.  VI   14;   Nev.  XVII  5;  Ohio  IV   14;   Ore. 

XIII  1;  S.C.  V  9;  S.D.  V  30;  Tenn.  VI  7;  Wis.  VII  10.) 

Prohibited  from  receiving  any  pension  or  salary  from  other 

governments.      (N.H.  II  92.) 
To  be  increased  if  not  sufficient.      (Mass.  Pt.  II  Ch.  II  Sec. 

I    13.) 
Increase    prohibited    after    election    and    during    term    for 

which  elected.      (Utah  VIII  12;  Wash.  IV  13.) 
Increase    prohibited    during    continuance    in    office.       (Miss.     ■ 

VI    166.) 
Increase   prohibited   during   term   for  which   elected.      (Ida. 

V  27;    111.  VI    7;    Iowa  V   9;    Kan.   Ill    13;    Mo.  VI   33; 
Mont.  VIII  29;  N.D.  IV  99;  Ohio  IV  14;  S.C.  V  9;  Tenn. 

VI  7;  Wyo.  V  17.) 
Increase    or    decrease    prohibited    during    term    for    which 
elected,   unless   vacation    occurs;    successor   of   former   in- 
cumbent to  receive  only   salary  provided  by  law  at  time 
of  election  or  appointment.      (Nev.  VI  15.) 
Decrease  prohibited  during  continuance  in  office.      (Ind.  VII 

13;  Me.  VI  2;  Minn.  VI  6;  Miss.  VI  166;  E.  I.  X  6.) 
Decrease   prohibited   during   term   for   which   elected.      (Ga. 
VI   Sec.  XIII  2;   Ida.  V  37;   111.  VII  6;   Iowa  V  9;   Mo. 
VI    33;    Mont.   VIII   29;    N.D.    IV   99;    Ohio   IV    14;    S.C. 

V  9;   Tenn.  VI  7;   Utah  VIII   12;   Wyo.  V  17.) 
Decrease    prohibited    during    term    for    which    elected    after 

adjournment  of  next  legislature.      (Ark.  VII   10.) 
Payable  by  state.      (Ariz.  VI   10;    Cal.   VI   17;   Mont.  VIII 

29;    Va.   VI   103;    Wash.   IV   13.) 
Payable  out  of  state  treasury.      ( Ga.  VI  Sec.  XIII   1 ;   Nev. 

XVII  5;  Utah  VIII  20.) 
Provisions   to   be  made   for   setting  apart    from   each  year's- 

revenue  sufficient  to  pay.      (Nev.  VI   15.) 


Ixdex  Digest  59S 


COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Judges   (Cont'd) 

Gompensa  tion   ( Con  t'd ) 

Payable  as  provided  by   law.      (Wis.   VII    in.) 
Payable  at  stated  times.      (Ark.  VII  10;   hid.  VII   13;   Kan. 
Ill    13:    Ky.    112:     Me.    VI    2:    Minn.    VI    6 ;    .Mo.    VI    33; 
Ohio  IV  14;  Term.  VI  7;  Utah  VIII  20;   Wash.  IV  13.) 
Payable   monthly.      ( Cal.    VI    17. 

Payable   monthly,   on   their   own   warrant.      (La.   86.) 
Payable  quarterly.      (111.  VII  6;  Mont.  VIII  29;   Nev.  XVII 

5;   N/JST.  VII  2:   Wash.  IV  1  1 
No  judge  to  receive  salary  until  he  makes  and  subscribes  an 
affidavit  that  no  cause  in  his  court  remains  pending  unde- 
cided that  has  been  submitted  for  a  decision  for  period  of 

90  days.      (Cal.  VI  24.) 
Same;   30  days.      (Ida.  V  17.) 

Conservator  of  Peace 

To  be  throughout  state.  (Ark.  VII  4;  Iowa  V  7:  Ivy.  113; 
Mo.  VI  5;   N.M.  VI   21;   Okla.  VIII   3;   Utah  VIII  21.) 

Dual  Office  Holding 

Not  to  hold  seat  in   legislature.      (Ark.  V   7;    Conn.   X  4; 

Mass:  Amend.  8;  Vt.  II  50.) 

Not  to  hold  seat  in  legislature;  election  and  taking  seat  in 

legislature  vacates  office.      (Me.  IX  2;  N.J.  IV  Sec.  V  3.) 

Not  to  hold  any  office  while  he  remains   in  office.      (Mont. 

VIII  35.) 
Not  to  hold   anv   office  of  trust  while  he  remains   in  office. 

iVa.  VI  105.) 

Not  to  hold  any  office  of  trust  or  profit  under  state.      (Ida. 

V  7. ) 

Not  to  hold  any  office  of  trust  or  profit  under  state  or 
United  States.*     (Ark.  VII  10;  Term.  VI  7.) 

Not  to  hold  any  office  under  another  government  or  under 
state  except  as   constitution  permits.      (N.H.   II   02.) 

Not  to  hold  office   in   statu   .in ring  term   for   which  elected. 

(Iowa  V  3.) 

Not  to  hold  any  office  of  trust  or  profit  under  state  or 
United    States    during    term    for    which    elected.        Kan. 

III  13.) 

Not  to  hold  any  office  of  trust  or  profit  under  state  or 
United  States  or  any  otlu-r   power.      iS.C   V   &.) 

Not  to  hold  any  office  of  trust  or  profit  under  state  or 
United  States;  all  such  elections  or  anointments  by  peo- 
ple,  legislature  or   otherwise,   void.      (Minn.   VI    11;    <>hio 

IV  14.) 

Not  to  hold  any  office  under  3tate  or  United  States  ex 
justice   of   peace.      (Me.   VI    0.) 


394  State  Constitutions 

COURTS  {Cont'd) 

Highest  Court  {Cont'd) 
Judges   (Cont'd) 

Dual  Office  Holding   {Cont'd) 

Not  to  hold  any  office  or  public  trust  other  than  judicial; 
all    such   elections  by   people   or   legislature   void.      (N.Y. 

VI  10.) 
Not  to  hold  any  office  or  public  employment  other  than  ju- 
dicial office  during  term  for  which  elected.  (Colo.  VI 
18;  Wash.  IV  15;  Wyo.  V  27.) 
Not  to  hold  any  office  or  public  employment  other  than 
judicial  office  during  term  for  which  elected;  all  such 
elections  or  appointments  by  people,  legislature  or  other- 
wise, void.      (Nev.  VI  11;  N.D.  IV  119;  S.D.  V  35;  Wis. 

VII   10.) 
Not  to  hold  any  office  other  than  judicial  office;  shall  not  be 

nominated   or   elected   thereto.      (N.M.   VI    19.) 
Not    to    hold    the    office    of    governor,    lieutenant-governor, 
treasurer   of   state,   surveyor-general   or    sheriff.      (Vt.   II 

50.) 
Not    to    hold    office    of    attorney-general,    county    attorney, 
treasurer    of    state,    adjutant-general,    judge    of    probate, 
register    of    probate,    register    of    deeds,    sheriff,    deputy- 
sheriff  or  clerk  of  any  of  the  courts.      (Me.  IX  2.) 
Not  to  hold  office  of  governor,  lieutenant-governor  or  coun- 
cillor.     (Mass.  Amend.  VIII.) 
Acceptance  of  seat  in  Congress  vacates  office.     (Me.  IX  2.) 
Election,  Time  of 

As  to  whether  elected  or  appointed,  See  below,  this  subdivi- 
sion, Judges  —  How  Selected. 
As  prescribed  by  law,  legislature  may  provide  for  election 
on  different  day  from  that  on  which  an  election  is  held 
for  any  other  purpose,  and  for  this  purpose  may  extend 
or  abridge  term  of  office  of  any  judge  then  holding  office, 
but  not   in   any   case  more   than   six  months.      (Colo.   VI 

15;    S.D.   V   26.) 
As   prescribed  by  legislature.      (Colo.   VI   8.) 
At  biennial  spring  election.      (Mich.  VI  2.) 
At  election  of  judges  in  city  of  Baltimore   (applies  to  judge 
elected  from  city  of  Baltimore  only.)      (Md.  IV  14.) 
At   general   state  biennial   election   next   preceding  the  be- 
ginning of  their  respective  terms.      (Okla.  VI  6.) 
At  general  state  election.      (Ariz.  VI  3,  VI   5;   Cal.  VI  3; 
Iowa  V   2;    Nev.   VI    3;    N.D.   IV   90;   Tex.   V  2;    Wash. 

IV    3.) 
At  general  state  election  next  preceding  the  termination  of 

their  respective  terms.      (Nebr.  XVI   13.) 
At   time   and   place   prescribed   for   election   of   members  of 

legislature.      (Fla.  V  2.) 
At   time   and   place   prescribed   for   election   of   members   of 
lower  house  of  Congress.      (N.M.  VI  4.) 


Index  Digest  395 


COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Judges    (Cont'd) 

Election,  Time  of  (Cont'd) 

At   time    and   place   prescribed   for   election   of   members  of 

lower   house   of    Congress   until   otherwise    prescribed   by 

legislature;    change  not  to   affect  right  of  judge  to  hold 

for  full  term.      (Ala.  VI   152,  155,  156.) 

At  time  and  place   prescribed   for  election  of   state  officers. 

(Cal.  VI  3.) 
At  time  of  governor  and  state  house  officers.      (Ga.  VI  Sec. 

II   8.) 
At  time  state  officers  are  elected.      (Wyo.  V  4.) 
At  time  state  officers  are  elected  unless  otherwise  prescribed 

by  legislature.      (Wash.  IV  3.) 
Exemption  from  Military  Duty 

May  be  exempted.      (Me.  VII  5.) 
Free  Passes,  etc. 

During  term  of  office  not  to  accept,  hold  or  use  free  pass  nor 
purchase,  receive  or  accept  transportation  over  railroad 
within  state  for  himself  or  family  on  terms  not  open  to 
general  public,  and  on  conviction  to  forfeit  office,  be 
guilty  of  felony  and  punished  by  fine  of  not  more  than 
$1,000  or  by  imprisonment  in  penitentiary  not  less  than 
one  nor  more  than  five  years.  (N.M.  XX  14.) 
77 oio  Selected 

Appointed  by  governor;    state  to  be   divided  into  three  ju- 
dicial districts;   one  judge  from  each  district;   removal  of 
judge  to   state  capital  not  to  prevent  his  reappointment 
from  district  of  original  appointment.      (Miss.  VI  145.) 
Appointed  by  governor  with  advice  and  consent  of  senate. 

(N.J.  VII  Sec.  II   1.) 
On  nomination  of  governor  appointed  by  legislature  in  man- 
ner prescribed  by  law.     (Conn.  Amend.  XXVI.) 
Appointed  by  governor  with  advice  and  consent  of  council; 
nomination  to  be  made  seven  days  prior  to  appointment. 

(Me.  V  Pt.  I  8.) 
Appointed   by   governor   and    council;    nomination   made   at 
least  three  days  prior  to  appointment  and  no  appointment 
to  take  place  unless  majority  of  cowncil  agree.     Governor 
and  council  to  have  negative  on  each  other  both  in  nomi- 
nation  and   appointment,  every  nomination   and   appoint- 
ment  to   be   signed   by   governor    and   council    and    every 
negative  to  be  signed  by   "  the  governor   or   council  who 
made  the  same".      (N.H.  II  45,  46.) 
Appointed  by  governor  with  advice  and  consent  of  council; 
nomination  made  by  governor  at  least  seven  days  prior  to 
appointment.      (Mass.  Pt.  II  Ch.  II  Sec.  I  0.) 
Elected  by  joint  vote  of  both  houses  of  legislature.     I  R.I.  \ 

4;  S.C.  V  2;  Va.  VI  91.) 


o9G  State  Constitutions 

COURTS  (Cont'd) 

Highest  Cottbt  [Cont'd) 
Judges    (Cont'd) 

How  Selected  (Cont'd) 

Elected  by  joint  vote  of  both  houses  of  legislature,  presiding 
officer  of  senate  to  have  casting  vote  and  no  other.      (Vt. 

II  42.) 

Elected  by  qualified  voters  of  state  at  large.  (Ala.  VI  152; 
Ark.  VI  6;  Cal.  VI  3;  Colo.  VI  G;  Fla.  V  2;  Ga.  VI  Sec. 
II  8:  Ida.  Ill  6;  Iowa  V  3;  Kan.  Ill  2;  Mich.  VI  2;  Minn. 
VI  3:  Mo.  VI  5;  Mont.  VIII  6;  Xebr.  VI  4;  Nev.  VI  3; 
N.M.  VI  4;  N.Y.  VI  7;  X.D.  IV  90;  Ohio  IV  2;  Ore.  VII 
1;  Pa.  V  2;  Tenn.  VI  3;  Tex.  V  2;  Utah  VIII  2;  Wash. 
IV  3;  W.Va.  VIII  2;  Wyo.  V  4.) 

Elected  by  voters  of  state  at  large  by  those  qualified  to  vote 
for  members  of  legislature.     (X.C.  IV  21.) 

Elected  by  voters  of  state  at  large  on  non-partisan  ballot. 

(Ariz.  VI  3.) 

Elected  by  voters  of  state  at  large;  state  divided  into  dis- 
tricts  to-  correspond  to  the  number  of  members  of  court; 
candidate  for  each  district  receiving  the  highest  number  of 
votes  cast  in  state  to  be  judge  elected  in  district;  judge 
nominated  by  political  parties  or  by  petition  in  their 
respective  districts-.     (Okla.  VII  3.) 

Elected  by  voters  of  state  at  large;  state  divided  into  dis- 
tricts to  correspond  to  the  number  of  members  of  court; 
districts  formed  of  contiguous  territory;  as  nearly  equal  in 
population  as  may  be  without  dividing .  a  county.  One 
judge  elected  from  each  district.     (Ind.  VII  3.) 

Elected  by  voters  of  state  at  large;  state  divided  into  dis- 
tricts to  correspond  to  the  number  of  members  of  court; 
districts  to  be  formed  of  contiguous  territory  as  nearly 
equal  in  population  as  may  be;  redistricted  every  10  years 
or  when  change  in  number  of  judges;  but  not  to  effect 
removal  of  judge  till  end  of  term  for  which  elected.     (Ky. 

116.) 

State  divided  into  districts  corresponding  to  number  of  mem- 
bers of  court;  boundaries  may  be  changed  only  at  session 
of  legislature  next  preceding  election  and  change  to  be 
upon  rule  of  equality  of  population  as  nearly  as  county 
boundaries  will  allow,  and  districts  to  be  composed  of  con- 
tiguous counties  in  as  nearly  compact  form  as  circum- 
stances will  permit ;  alteration  of  districts  not  to  affect 
tenure  of  office  of  any  judge;  election  every  nine  years  in 
the  respective  districts  wherein  the  term  of  judges  expire. 

(111.  VI  5,  6.) 

Elected   by   voters   of   state  at   large  chosen   from  districts. 

(S.D.  V  5.) 

Elected  as  now  provided  by  law.     (Wis.  VII  4.) 

Elected  by  voters  of  district;  four  districts  specifically  de- 
lineated in  constitution.      (La.  S7.) 


Ixdex  Digest  39' 


COURTS   (Cont'd) 

Highest  Court   (Cont'd) 
Judges    (Cont'd) 

Eotv  Selected  (Cont'd) 

When  two  judges  arc  to  lie  chosen  for  term  of  same  length 
each  voter  to  vote  for  only  one:  when  three,  each  voter  to 
vote  for  only  two;  candidate  highest  in  vote,  elected.     (Pa. 

V.16.) 
Court  composed  of  chief  judges  of  tirst  seven  of  judicial  cir- 
cuits    (elected    in    circuits  i     and    judge    from    Baltimore 
elected  by  voters  of  that  city.     (  Md.  IV  14.) 
State  judges  are  elected  as  such  and  not  as  judges  of  any 
particular  court.     Legislature  may  designate  state  judges 
to  compose  court  for  purpose  of  issuing  writs  of  prohib- 
ition, certiorari  and  mandamus  to  inferior  courts  of  record 
and  to  designate  judges  to  exercise  this  power  in  vacation. 
Upon  writs  of  error  to  inferior  courts  of  record,  court  to 
be   composed   of   chancellor    and    such   of   other   five   state 
judges  as  did  not  sit  in  court  below.     Upon  appeal  from 
court  of  chancery,  court  to  be  composed  of  chief  justice  of 
state  and  four  state  judges.     If  chief  justice  of  state  has 
acted  in  court  below,  court  to  be  composed  of  four  state 
judges.      (Del.  IV  12   (5),  13.  14,  16.) 
Time  of  election,  $fee  above,  tlris  suhdifixion,  Judges  —  Elec- 
tion, Time  of. 
Impeachment.  See  Impeachment. 
Location  of  Office 

State  to  provide  furnished  offices  for  judges  and  use  of  state 
library  at  seat  of  government.      (Mo.  VI   10.) 
Non-Judicial  Duties 

Not  to  be  imposed.      (N.D.  IV  90;  Pa.  V  21  ;  Wyo.  V  16.) 
Not  to  be  imposed   except  as  provided  in  constitution;   no 
duties  or  functions  shall  ever  be  attached  by  law  to  judge. 

(La.  96.) 
Number 

Chief  justice  and  associate  justices.  (Mich.  VII  2.) 
Chief  justice  and  associate  justices  now  in  office;  whenever 
majority  of  judges  certify  to  governor  that  court  is  unable, 
from  accumulation  of  cases,  to  hear  and  dispose  of  them 
with  reasonable  s)x'ed.  <rovernor  bb  Stagnate  not  more  than 
four  judges  of  general  trial  court  to  serve  as  associate 
judges  of  highest  court,  until  undisposed  cases  reduced  to 

200.    (x.v.  vi  ; 

Chief  justice  and  such  associate  indues  as  prescribed  by  law. 

(Ala.  VI  151.) 

Three.     I  Ida.  V  li  J   RfiSs.  VI   145:  Xev.  VI  2:  Tex.  \    2;  Wyo. 

.    V   4.1 
Three:  mav  be  increased  to  fi\e.  provided  a  majority  of  meni- 

Kci's  elected  to  each  fetffafeel  -hall  cofcettt-.     (  Nev.  V! 
Three;  may  be  increased  to  five  after  publication  of  federal 

census  in  1920.      (N.M.  VI   10.) 


398  State  Constitutions 

COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Judges   (Cont'd) 

Number   (Cont'd) 

Three;  may  be  increased  to  five.     (S.D.  V  4;  Utah  VIII  2.) 

Three;  when  population  of  state  amounts  to  1,000,000,  may 
be  increased  to  five.     (Ark.  VII  2,  3.) 

Three;  may  be  increased  or  diminished,  provided  court  con- 
stituted of  at  least  three.     (Ariz.  VI  2.) 

Three;  may  be  increased,  provided  court  constituted  of  at 
least  three  and  not  more  than  five.     (Mont.  VIII  5.) 

Three;  but  legislature  may  increase  or  diminish  not  more 
than  one  a  session;  diminution  of  number  not  to  effect 
removal  of  judge.     (Iowa  V  2,  10.) 

Three;    may  be  increased   to  four   by  a  two- thirds  vote  of 

legislature.     (Minn.  VI  2.) 

Not  less  than  three  nor  more  than  five.     (Ind.  VII  2.) 

Five;  until  otherwise  prescribed  by  law.     (Okla.  VII  2.) 

Five.  (La.  86;  N.C.  IV  6;  N.D.  IV  89;  S.C.  V  2;  Tenn. 
VI  2;  Va.  VI  88;  W.Va.  "Judicial  Amend.") 

Five;  legislature  may  increase.     (Wash.  IV  2.) 

Not  less  than  five  nor  more  than  seven.     (Ky.  113.) 

Six.      (Ga.  VI  Sec.  II  1.) 

Six;  number  may  be  changed  by  law,  provided  court  con- 
stituted of  at  least  three  and  not  more  than  six;  but  exer- 
cise of  power  not  to  effect  removal  of  judge.      (Fla.  V  2.) 

Chancellor,  judges  of  intermediate  appellate  court  and  six 
other  judges.     (N.J.  VI  Sec.  II  1.) 

Seven.  (Cal.  VI  2;  Colo.  VI  5;  111.  VI  2;  Kan.  Ill  2;  Mo. 
VI  1 ;  Nebr.  VI  2 ;  Pa.  V  2 ;  Wis.  VII  4. ) 

Seven,  until  otherwise  prescribed  by  law ;  to  change  number, 
two-thirds  of  members  elected  to  each  house  shall  concur; 
exercise  of  power  not  to  effect  removal  of  judge.      (Ohio 

IV  2,  15.) 

Eight.     (Md.  IV  14.) 

When  any  two  of  judges  desire  it,  on  any  cause  or  question, 
chief  justice,  or  in  his  absence,  presiding  associate  justice 
to  call  to  the  assistance  of  highest  court  all  judges  of  the 
general  trial  court.  A  majority  of  all  judges  of  highest 
court  and  general  trial  court  shall  constitute  a  quorum. 
If  number  is  equal,  one  of  the  judges  of  the  general  trial 
court  to  be  determined  by  lot,  shall  retire.  General  trial 
court  judge  who  tried  the  case  shall  not  sit.  A  decision  of 
the  majority  of  the  judges  sitting  shall  be  final.  Chief 
justice  of  highest  court  shall  preside,  or  in  his  absence,  pre- 
siding associate  justice  of  highest  court;  a  similar  court 
may  be  called  whenever,  upon  hearing  of  any  cause  or 
question,  it  shall  appear  to  judges,  or  any  three  (majority) 
of  them,  that  there  is  involved  a  question  of  constitutional 
law  or  of  conflict  between  the  constitution  and  laws  of  state 


Index  Digest  399 


COURTS  (Cont'd) 

Highest  Court  (Cont'd) 
Judges    (Cont'd) 

Number   (Cont'd) 

and  of  United  States,  or  between  duties  and  obligations  of 
citizens  under  same,   upon  determination   of  which   entire 
court  is  not  agreed.     (S.C.  V  12.) 
Ad  litem  appointees,  See  above,  this  subdivision,  Judges  — 

Ad  Litem  Appointees. 
Oath  of  Office 

Take    and    subscribe;    specifically    prescribed;    examination 

allowed.     (Ore.  VII  7.) 
Take  and  subscribe;  substance  set  forth;  oath  filed  with  sec- 
retary of  state.     (Ariz.  VI  21;  Wash.  IV  28.) 
Filed  with  secretary  of  state.     (Colo.  XII  9;  Okla.  XV  2.) 
Power  at  Chambers 

As  provided  by  legislature.     (S.C.  V  25.) 
Power  of  Appointment 

As  provided  in  constitution.     (Wyo.  V  16.) 
Attorney-general.     (Tenn.  VI  5.) 

None  except  as  provided  in  constitution.     (N.D.  IV  96;  Pa. 

V21.) 
None  except  to  appoint  court  clerk,  reporter  and  court  crier. 

(Mich.  VI  6.) 
Power  to  Act  in  Other  Districts 

Legislature  to  provide  for  interchange  of  judges.     (La.  112.) 
When  judge  of  other  district  is  disqualified.     (Wyo.  V  6.) 
When  required.     (Va.  VI  97.) 

When  required  by  governor.      (Cal.  VI  8;   Fla.  V  8;   Utah 

VIII  5;  Wash.  IV  5.) 
When   required   by   law.      (Colo.   VI    12;    Tex.   V    11;    Wis. 

VII  2.) 
Power  to  Hold  Preliminary  Examinations 

In  cases  of  felony.     (Utah  VIII  21.) 
Prohibited  from  Sitting 

For   substitutes,   See   above,   this  subdivision,   Judges  — Ad 

Litem  Appointees. 
Has  presided  in  case  in  inferior  court.     (Utah  VIII  13.) 
Review  of  decision  made  by  him  or  by  court  of  which  he  wan 

at  time  a  sitting  member.     (N.Y.  VI  3.) 
When  writ  of  error  brought,  no  justice  who  gave  judicial 
opinion   in  cause  in   favor  of  or  against  any  error  com- 
plained of,  to  sit  or  have  voice  in  hearing,  but  reasons  for 
such  opinion  shall  be  assigned  to  court  in  writing.     (N.J. 

VI  Sec.  II  5.) 
When  an  appeal  from  an  order  or  decree  shall  be  heard  chan- 
cellor shall  inform  court  in  writing  of  reasons,  but  shall 
not  sit  as  a  member  or  have  a  vote  in  hearing  or  fin:il 

sentence.  (N.J.  VI  Sec.  II  5.) 
Interested  in  case.  (N.D.  IV  100;  Tex.  V  11;  Wyo.  V  6.) 
Has  been  counsel  in  case.     (Tex.  V  11;  Utah  VIII  13.) 


400  State  Constitutions 

COURTS  [Cont'd) 

Highest  Court  (Cont'd) 
Judges    (Cont'd) 

Prohibited  from  Sitting   (Cont'd) 

Connected  with  party  in  ease  by  affinity  or  consanguinity 

within  degree  of  first  cousin.     (Utah  VIII  13.) 
Connection   with   either    party  by  affinity  or   consanguinity 

within  degree  prescribed  by  law.      (Tex.  V  11.) 
Connected  with  party  in   case  by  affinity  or  consanguinity 
within  degrees  prescribed  by  law;  has  been  counsel  in  case; 
has  presided  in  case  in  inferior  court;  interested  in  case; 
judge    disqualified    may    preside    by    consent    of    parties. 

(Tenn.  VI  11.) 
No  more  than  seven  shall  sit  in  any  case.     (N.Y.  VI  7.) 
Prohibitions  on  Practice  of  Lan- 

Shall  not  act  as  attorney  or  counsellor.     (Colo.  VI  18;  Nebr. 

VI  14;  N.D.  IV  117;  S.D.  V  31;  Wyo.  V  25.) 
Shall  not  practice  law  in  any  court  of  record  in  state  or  act 

as  referee.     (N.Y.  VI  20.) 
Shall  not  practice  law  in  any  court  of  state.     (Kan.  Ill  13; 

Mont.  VIII  31.) 
Shall  not  practice  law  in  any  court,  state  or  federal,  in  state. 

(Ark.  VII  25.) 
Shall  not  practice  law  within  or  without  state.      (Va.  VI 

105.) 
Qualifications  —  Age 

At  least  35  years  of  age.      (Ky.  114;  La.  S6;   Tenn.  VI  3.) 
At  least  30  years  of  age.      (Ariz.  VI  13;  Ark.  VII  6;  Colo. 
VI  10;  Ga.  VI  Sec.  XIV  1;  111.  VI  3;  Miss.  VI  150;  Mo. 
VI  6;  Mont.  VIII  10;  Nebr.  VI  7;  N.D.  IV  94;  Okla.  VII 
3;  S.D.  V  10;  Tex.  V  2;  Utah  VIII  3;  Wyo.  V  S.) 
At  least  25  years  of  age.      (Fla.  V  3;  Wis.  VII  10.) 
At  least  26  years  of  age.     (S.C.  V  10.) 
Qualifications  — Attorn*  ;i 

Admitted  to  practice.      (Fla.  V  3;  Utah  VIII  3.) 
Admitted  to  practice  for  at  least  five  years  in  state  next  pre- 
ceding appointment.      (Miss.  VI  150.) 
Admitted  to  practice  for  at  least  seven  years.     (Ga.  VI  Sec. 

XIV  1.) 
Admitted  to  practice  in  courts  of  record  of  state.      (Wash. 

IV  17.) 
Admitted  to  practice  in  highest  court  of  state.      (Cal.  VI  23; 

Mont.  VIII  10.) 
Admitted  to  practice  in  highest  court  of  state  for  at  least 

five  years.     (Ariz.  VI  13.) 
Admitted  to  practice  in  state.     (N.Y.  VI  20.) 
Admitted  to  practice  in  state  for  at  least  five  years  next  pre- 
ceding election.      (S.C.  V  10.) 
Admitted  to  practice  in  state  for  at  least  10  years  preceding 
election  or  appointment.     (La.  SG.) 


Index  Digest  401 


COURTS    (Cont'd) 

Highest  Court  (Cont'd) 
Judges   (Cont'd) 

Qualifications  — Attorney    (  Cont'd\ 

Admitted    to    practice    in    this   or   some   other   state  or   held 
judicial  station  in  United  States  for  at  least  five  years. 

(Va.  VI  91.) 
Admitted  to  practice  or  whose  services  as  judge  of  a  court 
having  general   nisi   priits.   or   similar   jurisdiction,    when 
added  to  time  he  may  have  practiced,  amounts  to  at  least 

eight  years.     (Ky.  114.) 
Admitted  to  practice,  or  whose  services  as  judge  of  any  court 
of   record,    when    added   to    time   he   iu.i\     have    practiced, 
amounts  to  at  least  five  years.     (Okla.  VII  3.) 
Admitted  to  practice,  or  whose  services  as  judge  of  any  court, 
when  added  to  time  he  may  have  practiced,  amounts  to  at 
least  nine  years.      (Wyo.  V  S.) 
Admitted  to  practice  or  whose  services  as  judge,  when  added 
to  time  he  may  have  practiced,  amounts  to  at  least  eight 

years.     (Ark.  VII  6.) 
Admitted  to  practice  or  whose  services  as  judge,  when  added 
to  time  he  may  have  practiced,  amounts  to  at  least  seven 

years.     (Tex.  V  2.) 
Qualifications  —  Character 

Moral  character  good.     (Ark.  VII  6.) 
Qualifications  —  Citizenship 

Citizen  of  state.     (Ky.  114;  Mo.  VI  6;  S.C.  V  10.) 
Citizen  of  state  for  five  years  next  preceding  appointment. 

(Miss.  VI  150.) 
Citizen  of  state  for  three  years.     (Ga.  VI  Sec.  XIV  1.) 
Citizen  of  United  States.     (Ark.  VII  6;  Colo.  VI  10;  111.  VI 
3;  La.  86;  Mont.  VIII  10;  Nebr.  VI  7;  N.D.  IV  94;  Okla. 
VII   3;    S.C.  V   10;    S.D.  V   10;   Tex.  V  2;   Wis.  VII   10; 

Wyo.  V  8.) 
Citizen  of  United  States  for  five  years  next  preceding  election 

or  appointment.     (Mo.  VI  6.) 
Qualifications  —  Education 

Must  be  learned  in  law.      (Ariz.  VI  13;  Ark.  VII  6;  Colo.  VI 
10;   La.  86;  Minn.  VI  6:   Mo.  VI  6;  X.D.  IV  94;   S.D.  V 
10;  Utah  VIII  3;  Wyo.  V  S.) 
Qualifications  —  Elector 

A  qualified  elector  within  district  for  which  chosen.      (Wis. 

VII  10.) 
Qualifications  —  Residence 

Resided  in  district  from  which  elected,      find.  VTT  3.) 

Not  more  than  two  (out  of  possible  fivc'i   shall  reside  in  any 

one  of  the  grand  divisions  of  the  state.     (Term.  VI  1.) 
Resided  in  state  two  years.      (Ark.  VII  6.) 
Resided  in  state  two  vears  next    preceding  election.      (Colo. 

VI  lit;   Mom.  VITI   lO.i 


402  State  Constitutions 


COURTS    (Cont'd) 

Highest  Court   (Cont'd) 
Judges   (Cont'd) 

Qualifications  —  Residence   ( Cont'd) 

Resided  in  state  two  years  and  district  from  which  elected 

one  year.     (Okla.  VII  3.) 
Resided  in  state  two  years  next  preceding  election,  and  a  resi- 
dent of  district  for  which  elected  at  time  of  election;  but 
for  purpose  of  re-election  shall  not  be  deemed  to  have  lost 
his  residence  in  district  by  reason  of  removal  to  seat  of 
government  in  discharge  of  official  duties.     (S.D.  V  10.) 
Resided  in  state  three  years.     (N.M.  VI  8;  Wyo.  V  8.) 
Resided  in  state  three  years  next  preceding  election.     (N.D. 

IV  94;  Nebr.  VI  7.) 
Resided  in  state  five  years  before  election.     (Tenn.  VI  3.) 
Resided  in  state  five  years  next  preceding  election.      (Ariz. 

VI  13;  Utah  VIII  3.) 
Resided  in  state  five  years  next  preceding  election;  resident 

of  district  for  which  elected.     ( 111.  VI  3. ) 
Resided  in  state  five  years  and  in  district  in  which  elected 

two  years  next  preceding  election.     (Ky.  114.) 
Residence  during  term,  See  below,  this  title,  Judges  —  Resi- 
dence. 
Re-Election 

Not  eligible.      (Pa.  V  2.) 
Removal 

By  governor  upon  address  of  legislature.     (Ark.  XV  3;  Conn. 

Amend.  XII;  Ky.  112;  Tex.  XV  8;  Wis.  VII  13.) 
By   legislature.      (Cal.   VI    10;    Kan.   Ill   15;    Nev.   VII   3; 

N.Y.  VI  11;  N.C.  IV  31.) 

By   legislature;    not   to   be   entertained    in    any   other   than 

annual   session   for   the   election   of  public   officers.      (R.I. 

X  4.) 
Vote  required,  a  majority  of  each  house.      (R.I.  X  4.) 
Vote  required,  two-thirds  of  each  house.     (Cal.  VI  10;  Conn. 
Amend.  XII;  Kan.  Ill  15;  Ky.  112;  Nev.  VII  3;  N.C.  IV 

31;  Tex.  XV  8.) 
Vote  required,  two-thirds  of  members  elected  to  each  house. 

(Ark.  XV  3;  N.Y.  VI  11;  Wis.  VII  13.) 
For  cause.      (Ark.  XV  13;  Kan.  Ill  15;  N.Y.  VI  11.) 
For  mental  or  physical  disability.     (N.C.  IV  31.) 
For  reasonable  cause.     (Ky.  112.) 

For  reasonable  cause  which  may  not  be  sufficient  ground  for 

impeachment.     (Nev.  VII  3.) 
For  wilful  neglect  of  duty,  incompetency,  habitual  drunken- 
ness, oppression  in  office  or  other  reasonable  cause  which 
shall   not   be   sufficient   ground    for    impeachment.      (Tex. 

XV  8.) 
For  acceptance  of  free  passes,  etc.,  See  above,  this  subdivi- 
sion, Judges  —  Feee  Passes,  etc. 


Index  Digest  403 


COURTS   (Cont'd) 

Highest  Coukt   (Cont'd) 
Judges    (Cont'd) 

Removal  (Cont'd) 

Causes  entered  on  journal.      (Cal.  VI   Hi;  Kan.  Ill   15;  Nev. 

VII  3;  N.Y.  VI  11.) 
Causes  entered  at  length  on  journal.  (Ky.  112;  Tex.  XV  8.) 
Yeas  and  nays  entered  on  journal.  (Cal.  VI  10;  Tex.  XV  8.) 
Incumbent  to  be  served  with  copy  of  complaint.     (Cal.  VI  10; 

Nev.  VII  3;  N.Y.  VI  11;  Wis.  VII  13.) 
Incumbent   to   be   served   with   copy   of   complaint   at   least 
20  days  before  day  on  which  either  house  acts.     (N.C. 

IV  31.) 
Incumbent  to  have  notice.     (Tex.  XV  8.) 
Incumbent  to  have  opportunity  to  be  heard.      (Cal.  VI  10; 

N.Y.  VI  11;  Tex.  XV  8;  Wis.  VI  13.) 
Incumbent  to  have  opportunity  to  be  heard  in  person  or  by 

counsel.     (Nev.  VII  3.) 
Residence 

Within  the  state.     (Pa.  V  19.) 
At  seat  of  government.     (Nebr.  VI  4.)  . 

To  reside  in  district  for  which  elected.     ( 111.  VI  5,  32 ;  S.D. 

V37.) 
As  qualification  for  office,  See  above,  this  subdivision,  Judges 

—  Qualifications. 
Retirement  on  Account  of  Age 

On  reaching  70.     (Conn.  Amend.  XII.) 

On  reaching  75  full  pay  provided,  if  served  continually  not 
less  than  15  years  prior  to  retirement.      (La.  86.) 
Term  of  Office 

As  prescribed  by  law.      (Mich.  VII  2.) 

Best  policy  that  judges  hold  office  as  long  as  they  behave 
themselves  well;   subject  to  constitutional  limitations  on 

account  of  age.     (N.H.  I  35.) 
Two  years.      (Vt.  II  44.) 
Four  years.      (Kan.  Ill  5.) 

Six  years.      (Fla.  V  2;   Ida.  V  6;  Ind.  VII  2;  Kan.  Ill  2; 
Mont.   VIII   7;    Nev.   VI   3;    N.M.   VI    12;    Okla.   VII   3; 

Wash.  IV  3.) 

Six  years  and  until  successors  elected  and  qualified.     (Ariz. 

VI  3;   Ga.  VI  Sec.  II  4;   Iowa  V  3;   Minn.  VI  3;  Nebr. 

VI  4,  5,  20;  N.D.  IV  91;  S.D.  V  8,  36;  Tex.  V  2.) 

Six  years  and  until  successors  are  elected  or  appointed  and 

qualified.     (Ala.  VI  155.) 
Six  years;  may  be  extended;  extension  not  to  affect  term  for 

which  judge  elected.     (Utah  VIII  2,  24.) 
As  prescribed  by  law;  not  less  than  six  years.     (Ohio  IV  2, 

XVII  2.) 
Eight  years.      (Ark.  VII  6;  N.M.  IV  6;  Tenn.  VI  3;   Wyo. 

IV   4.) 


404  State  Constitutions 


COURTS    (Cont'd) 

Highest  Court  (Cont'd) 
Judges   (Cont'd) 

Term  of  Office   (Cont'd) 

Eight  years  and  until  successors  are  qualified.      (Ky.   112; 

N.C.  IV  21,  25.) 
Nine  years.      (Miss.  VI  149.) 

Nine  years;   to  hold  until  successors  qualified.      (111.  VI  6, 

32.) 
Ten  years.     (Colo.  VI  6;  Mo.  VI  2;  Wis.  VII  4.) 
Ten  years   and  until   successors   are  elected   and  qualified. 

(S.C.  V  2.) 
Twelve  years.      (Cal.  VI  3;  La.  86;  W.Va.  VIII  2.) 
Fourteen  years.     (N.Y.  VI  7.) 
Twenty-one  years.      (Pa.  V  2.) 

To  hold  until  office  declared  vacant  by  resolution  of  legisla- 
ture.     (E.I.  X  4.) 
Ends    at    different   times    for    different   members    of    court; 
specific  provisions  producing  this  result.      (Ala.  VI   156; 
Ariz.  VI  3;  Ark.  VI  6;  Cal.  VI  3;  Colo.  VI  8;  Fla.  V  2; 
Ga.   VI  Sec.  II  4.  8;   Ida.  V  6;   Iowa  V  3;   Kan.   Ill  2; 
Mich.  VII  2;   Miss.   VI   149;    Mo.  VI  8;   Mont.  VIII   S; 
Nebr.  VI  5;   Nev.  VI   3;   N.  M.  VI  4,   10;   N.D.  IV  92; 
Okhi.   VII   6;    Utah  VIII   2;    Va.   VI   91;    Wash.   IV   3; 
Wis.  VII  4;   Wyo.  V  4.) 
Begins  at  time  prescribed  by  law.     (Ohio  IV  2.) 
Begins  1st  day  of  January  next  succeeding  election.      (Iowa 

V  11;  N.Y.  VI  7.) 
Begins  on  first  Monday  in  January  next  succeeding  election. 

(Ariz.  VI  3;  Nev.  VI  3;  Wyo.  IV  4.) 
Begins   first  -Tuesday   after   first  Monday   in   January  next 

succeeding  election.      (Fla.  V  2.) 
Begins  second  Monday  in  January  next  succeeding  election. 
(Okla.  VII  4;  Wash.  IV  3.) 
Vacancies 

Filled  by  appointment  of  governor  until  successor  shall  be 
elected  and  qualified.     ( Tex.  V  28;  Wis.  VII  9;  Wyo.  V  4.) 
Filled  by  appointment  of  governor  until  successor  shall  be 
elected  and  qualified  in  such  manner  as  prescribed  by  law. 
(Ida.  TV  6;   Utah  VII  10.) 
Filled  by  appointment  of  governor  until  successor  shall  be 
elected    and    qualified;     successor    elected    for    unexpired 
term.      (Mont.  VIII  34:  Nev.  XVII  22.) 
Filled  by  appointment  by  governor  until  next  general  elec- 
tion.     (S.D.  V  5,  37.) 
Filled  by  appointment  of  governor  until  successor  shall  be 
elected    and   qualified;    successor   elected    at   first  general 
election,   for   unexpired   term.      (Ariz.   VI    3;    Cal.   VI   3; 
Ga.  VI  Sec.  II  4,  8;  N.M.  V  5;  N.D.  IV  98;  Okla,  VII  3; 

Wash.  IV  3.) 


I.M'KX     I)|«,i:si  111.") 


COURTS   (Cont'd) 

Highest  Court   (Cont'd) 
Judges   (Cont'd) 

Vacancies  (Cont'd) 

To  be  filled  by  appointment  of  gi>ven...r.  unless  otherwise 
provided  for;  appointees  to  liold  places  until  next  regular 
election  for  members  of  legislature.  It  person  elected  or 
appointed  to  any  office  neglect  to  quality,  .such  office  Bhall 
be  appointed  to,  held  and  filled,  as  provided  in  case  of 
vacancies.      (N".C.  IV  6,  25.) 

Filled  by  appointment  of  governor  until  successor  shall  lie 
elected  and  qualified;  suoeessqr,  elected  at  firsl  general 
election  occurring  more  than  30  days  after  vacancy, 
for  unexpired  term.      (Nebr.  VI  21.) 

Filled  by  appointment  of  governor  until  successor  shall  be 
elected  and  qualified;  successor  elected  at  fust  general 
election  occurring  more  than  six  months  after  vacancy, 
for  unexpired  term.      (Ala.  VI   15S.) 

Filled  by  appointment  of  governor  until  successor  shall  be 
elected  and  qualified;  successor  elected  at  first  general 
election,  for  unexpired  term;  if  unexpired  term  does  not 
exceed  one  year,  governor  to  appoint.     (Colo.  VI  29.) 

Filled  by  election  but  if  unexpired  term  does  not  exceed  one 
year  by  appointment  by  governor.     (111.  VI  2.  32.) 

To  be  filled  by  special  election,  unless  occurring  nine  months 
before  next  general  election,  when  filled  by  appointment 
by  governor.     (Ark.  VII  2,  50.) 

Filled  by  appointment  of  governor  until  successor  shall  be 
elected  and  qualified;  suecessor  electeil  for  unexpired 
term;  if  unexpired  term  less  than  two  year-  vacancy 
filled  by  appointment  by  governor.     (W.Va.  VIII  7.) 

Filled  by  appointment  of  governor  with  advice  and  consent 
of  senate;  if  vacancy  occurs  in  recess  of  senate,  governor 
appoints   successor  to   hold   office   until    session   of   senate. 

(Miss.  VI  151.) 

Filled  by  appointment  of  governor  by  and  with  consent  of 
senate  or  without  senate  if  senate  not  in  session;  until 
the  last  day  of  December  next  after  elect  inn  of  successor; 
successor  elected  at  first  general  election  occurring  more 
than  three  months  after  vacancy,  for  full  term.  Towers 
and  jurisdiction  of  court  shall  not  be  suspended  for  want 
of  appointment  or  election  to  fill  vaeanev  when  the  number 
of  judges  is  sufficient  to  constitute  quorum,     i  X.V.  VI  8.) 

If  caused  by  death,  resignation,  removal  trmn  state  or  from 
office,  refusal  or  inability  to  serve,  tp  he  tilled  by  joint 
vote  of  members  of  both  houses  in  grand  committee;  suc- 
cessor shall  hold  office  until  next  annual  election  (by 
legislature)  ;  in  cases  of  impeaehment.  temporary  absence 
or  inabilitv.  governor  may  appoint  during  vacancy.     (R.I. 

X   5.) 


406  State  Constitutions 

COURTS    (Cont'd) 

Highest  Cotjrt  (Cont'd) 
Judges   (Cont'd) 

Vacancies   (Cont'd) 

Member  of  legislature  ineligible.      (Nev.  VII  3.) 
Ad  litem  appointees.     See  above,  this  subdivision,  Judges  — 

Ad  Litem  Appointees. 
Writs 

For  power  of  court,  See  below,  this  subdivision,  Writs. 
Certiorari,   power    to    issue   same    as   when    in   open    court. 

(S.C.  V  25.) 
Certiorari,  power  to  issue  and  to  hear  and  determine  in  pro- 
ceedings   for    contempt    in    general    trial    court."     (Mont. 

VIII  3.) 
Certiorari,  power  to  issue.     (La.  94;  KM.  VI  3;  Tex.  V  3.) 
Certiorari,  power  to  issue  in  aid  of  its  appellate  and  super- 
visory jurisdiction.      (Ark.  VII  4.) 
Error,  power  to  issue.     (N.M.  VI  3.) 

Error,  power  to  issue  in   aid  of  appellate   and   supervisory 

jurisdiction.     (Ark.  VII  4.) 
Habeas  corpus,  power  to  issue.      (Colo.  VI  3;   N.M.  VI  3; 

S.D.  V  3.) 
Habeas  corpus,  power  to  issue  to  any  part  of  state  upon 
petition  by  or  on  behalf  of  any  person  in  actual  custody; 
writs  returnable  to  himself,  highest  court,  intermediate 
court  of  appeals  or  any  judge  thereof,  or  general  trial 
court  or  any  judge  thereof.  (Cal.  VI  4.) 
Habeas  corpus,  power  to  issue  to  any  part  of  state  upon 
petition  by,  or  on  behalf  of  any  person  held  in  actual 
custody,  and  to  make  such  writs  returnable  before  himself, 
or  before  court,  or  before  any  general  trial  court  of  state 
or  judge  thereof.  (Ariz.  VI  4;  Fla.  V  5;  Mont.  VIII  3; 
Okla.  VII  2;  Utah  VIII  4;  Wash.  IV  4.) 
Habeas  corpus,  power  to  issue  upon  petition  by  or  on  behalf 
of  a  person  held  in  actual  custody  and  to  make  such  writs 
returnable  before  himself  or  before  highest  court  or  before 
any  of  general  trial  courts  or  any  judge  thereof.      (N.M. 

VI  3.) 
Habeas  corpus,  power  to  issue  as  may  be  prescribed  by  law. 

(Tex.  V  3.) 

Habeas  corpus,  power  to  issue  at  instance  of  any  person  in 

actual    custody    in    any    case   where    court   has    appellate 

jurisdiction.     (La.  93.) 
Habeas  corpus,  power  to  issue  in  aid  of  its  appellate   and 

supervisory   jurisdiction.      (Ark.   VII  4.) 
Habeas  corpus,  power  to  issue  same  at  chambers  as  in  open 

court.     (S.C.  V  25.) 
Injunction,  power  to  issue.      (N.M.  VI  3.) 
Injunction,  power  to  issue  orders   same  at   chambers   as  in 

open  court.     ( S.C.  V  25. ) 


Index  Digest  407 


COURTS    (Cont'd) 

Highest  Court  (Cont'd) 
Judges   (Cont'd) 

Writs   (Cont'd) 

Interlocutory  writs;  power  to  issue  same  at  chambers  as  in 

open  court.     ( S.C.  V  25. ) 
Mandamus,  power  to  issue.      (La.  94;   Tex.  V  3.) 
Mandamus,  power  to  issue  in  aid  of  its  appellate  and  super- 
visory jurisdiction.      (Ark.   VII  4.) 
Mandamus;   power  to  issue  same  at  chambers  as  in  open 

court.     (S.C.  V  25.) 
Procedendo,  power  to  issue.      (Tex.  V  3.) 
Prohibition;  power  to  issue.     (La.  94;  N.M.  VI  3.) 
Prohibition;   power  to  issue  same  at  chambers  as  in  open 

court.     (S.C.  V  25.) 
Prohibition,  power  to  issue  in  aid  of  its  appellate  and  super- 
visory  jurisdiction.      (Ark.   VII   4.) 
Quo  warranto,  power  to  issue.      (La.  94.) 
Quo  warranto,  power  to  issue   in    aid   of   its   appellate   and 

supervisory  jurisdiction.  (Ark.  VII  4.) 
Quo  warranto;  power  to  issue  same  at  chambers  as  in  open 

court.      (S.C.  V  25.) 
Remedial  writs,  power  to  issue  in  aid  of  its  appellate  and 

supervisory  jurisdiction.  (Ark.  VII  4.) 
Remedial  writs,  power  to  issue.  (La.  94.) 
Supersedeas,    power    to    issue    in   aid    of   its    appellate    and 

supervisory  jurisdiction.      (Ark.  VII  4.) 
Power  to  issue  and  to*  hear  and  determine  such  writs  as  may 

be  authorized  by  law.      (Mont.  VIII  3.) 
Power   to   issue   all   other   writs   necessary   and    proper   for 
the  complete  exercise  of  its   jurisdiction.      (N.M.  VI   3.) 
Power  to  issue  such  writs  as  may  be  necessary  to  enforce 
its  jurisdiction.      (Tex.  V  3.) 

Judgments 

See  also  above,  this  subdivision,  Decisions. 

To  be  final  and  conclusive.      (Md.   IV   15.) 

Not  to  take  effect  until  opinion  in  case  filed  with  clerk.      (Fla. 

XVI  6;  Xev.  XV  8.) 

If  highest  court  of  opinion  after  consideration  of  all  matters 
submitted,  that  judgment  of  court  appealed  from  was  such 
as  should  have  been  rendered  in  such  case,  judgmenl  to  be 
affirmed  notwithstanding  any  error  committed  during  trial; 
or  if  in  any  respect  judgment  appealed  from  should  be  changed 
and  court  can  determine  what  judgment  should  have  been 
entered,  to  direct  judgment  to  be  entered  with  like  effect  as 
decree  now  entered  in  equity  cases,  but  court  not  authorized 
to  find  defendant  in  criminal  case  guilty  of  offense  for  which 
greater  penalty  is  provided  than  that  of  which  convicted  in 
lower  court.      (Ore.  VII  3.) 


408  State  Constitutions 


COURTS    (Cont'd) 

Highest  Court  (Cont'd) 
Judicial  Districts 

See  also  above,   this  subdivision.  Judges  —  How  Selected. 
Number 

Vive,  for  purpose  of  selecting  judges.  (Okla.  VII  22.) 
State  to  be  divided  into  five  supreme  court  judicial  districts 
until  legislature  shall  change  number  of  members  of  court 
at  which  time  legislature  shall  redistrict  state  to  con- 
form to  number  of  justices  of  highest  court  (object  of 
districting  state  to  nominate  one  judge  from  each  district; 
judges  are  elected  by  voters  of   state  at  large).      (Okla. 

VII  3.) 
Those  for  hearing  cases  may  be  altered,  increased  or  dim- 
inished in  number  by  law.     (111.  VI  4.) 
Those  for  hearing  cases  three  in  constitution;   may  be  in- 
creased by  law  to  any  number  not  exceeding  five.      (S.D. 

V   6.) 
Those  for  the  purpose  of  electing  judges,  seven.     (111.  VI  5.) 
Specific  Desir/nations   of 

Specifically  pointed   out,      (Okla.  VII  23.) 

Present    grand    divisions    to    be    preserved;     denominated, 

southern,  central  and  northern  until  otherwise  prescribed 

by  law.     (111.  VI  4.) 

Those   for    the    purpose    of    electing    supreme    court   judges 

specifically  pointed  out  until  otherwise  prescribed  by  law. 

(111.  VI  5.) 
Juries 

Trial  of  issues,  proper  for  cognizance  of  a  jury,  to  be  by  jury, 

unless  parties  otherwise  agree.      (Vt.  II  30.) 
Power  to  summon  when  required  to  determine  issue  of  fact,  in 

manner  prescribed  by  law.      (Mont.  VIII  3.) 
In  exercise  of  original  and  exclusive  jurisdiction  over  cases  be- 
tween  counties,   trial   shall   be   to  the   court  without   a  jury. 

(Ariz.  VI  4.) 
Trial  by  jury  not  allowed.      (Minn.  VI  2;  Wis.  VII  3.) 
Not  to  be  allowed;  in  proper  cases  questions  of  fact  may  be  sent 
to  general   trial   court,      (N.D.   IV   87;    S.D.  V   3.) 

Jurisdiction  —  Appellate 
In  General 

Appellate  jurisdiction.      (Miss.  VI  140.) 

As  prescribed  by  law.      (Ind.  VII   4;    Kan.   Ill   3;    Md.   IV 

14;  Nebr.  VI  2;  Pa.  V  3:  R.I.  XII  1;  Va.  VI  88.) 
Appellate  jurisdiction  only,  except  as  now  prescribed  by  law. 

(Tenn.  VT  2.) 
Appellate   jurisdiction    only,   except    as   provided   in    consti- 
tution.     (Ala,  VI  140;   Ark.  VII  4:   Colo.  VI  2;   La.  85; 
Mo.  VT  2;    Mont.  VIII  2;    NT).   IV  86;    S.D.  V  2;    Tex. 

V  3;  Wis.  VII  3.) 


Index  Digest  409 


COURTS   (Cont'd) 

Highest  Court  (Cont'd) 

Jurisdiction  —  Appellate    ( Con  t  '</ 1 
In  General   (Cont'd) 

Appellate  jurisdiction  only,  under  such  rules  and  restrictions 
as  prescribed  by  law.     (Ivy.  110.) 

Appellate  jurisdiction  only,  except  cases  relating  to  revenue, 
mandamus  and  habeas  corpus.      (111.  VI  2.) 

Appellate  jurisdiction  only,  except  original  jurisdiction  given 
to  issue  writs  of  habeas  corpus,  mandamus,  quo  warranto, 
procedendo  and  other  original  and  remedial  writs,  and  to 
bear  and  determine  same,  and  to  have  a  general  superin- 
tending control  over  all  inferior  courts.      (Midi.  VII  4.) 

Appellate  jurisdiction  only,  except  original  jurisdiction  given 
to  issue  writs  of  habeas  corpus,  quo  warranto,  mandamus, 
certiorari  and  prohibition.     (Utah  VIII  4.) 

Legislature  may  change  the  jurisdiction  of  the  court  in 
matters  not  merely  pecuniary.      (Va.  VI  88.) 

Such  other  jurisdiction  as  may  be  conferred  by  law.     (Okla. 

VII  2 ;  W.Va.  VIII  3. ) 

Where  cases  reviewable  by  highest  court  that  court  has  ex- 
clusive jurisdiction.      (Mo.  VI  5.) 

Right  to  be  heard  in  all  cases  in  court  of  last  resort  by 
appeal,  error  or  otherwise  not  to  be  denied.     (Nebr.  I  24.) 

Appeal  not  allowed  to  state  in  any  case  involving  life  or 
liberty  of  person  except  in  case  involving  violation  of  law 
relating  to  state  revenue.      (Va.  VI  8S.) 
At  Discretion   of  Highest  Court 

Competent  for  highest  court  to  require,  any  case  to  be  cer- 
tified from  intermediate  court  of  appeals  for  its  review 
and  determination,  provided  highest  court  shall  in  no 
case  exercise  power  conferred  by  this  article  unless  appli- 
cation be  made  to  court,  or  one  of  the  judges  thereof,  not 
later  than  30  days  after  decision  of  intermediate  court 
of  appeals  has  been  rendered  and  entered.      (La.   101.) 

In  cases  of  public  or  great  general  interest,  highest  court 
may,  within  such  limitation  of  time  as  may  be  prescribed 
by  law.  direct  any  intermediate  court  of  appeal  to  certify 
its  record  to  highest  court,  and  may  review  and  affirm, 
modify  or  reverse,  judgment  of  said  court.      (Ohio  IV  2.) 

Competent   for  highest  court  to  require  any  case  to  be  cer- 
tified  from  intermediate  court  of  appeals,  provided  order 
issues    before   judgment    or    within    30    days    after    judg- 
ment.     (Cal.  VI  4.i 
Described,  by  Cluiracter  of  Cases 

Actions  and  proceedings,  except  that  in  civil  actions  at  law 
for  recovery  of  money  or  personal  property,  the  original 
amount  in  controversy  or  the.  value  of  the  property  must 
be  more  than  $200,  unless  the  action  involves  the  validity 
of  a  tax.  impost,  assessment,  toll,  municipal  fine  or  a 
statute.       (Ariz.    VI    4;    Wash.    [V   4.) 


410  State  Constitutions 

COURTS   (Cont'd) 

Highest  Court  (Cont'd) 

Jurisdiction  —  Appellate    ( Cont'd ) 

Described  bj/  Character  of  Cases   (Cont'd) 

All  matters  of  adoption,  emancipation,  legitimacy,  custody 

of  children.     (La.  85.) 
Capital  cases.     (Ga.  VI  Sec.  II  5.) 

Cases  at  law.     (Minn.  VI  2;  Okla.  VII  2;  R.I.  XII  1.) 
Cases  at  law,  under   limitations  prescribed  by  law.      (Ark. 

VII  4;   Mont.  VIII  3.) 
Cases  in  equity.     (Iowa  V  4;  Minn.  VI  2;  Nev.  VI  4;  Okla. 

VII  2;  R.I.  XII  1.) 
Cases  in  equity,  under  limitations  prescribed  by  law.     (Ark. 

VII  4;  Mont.  VIII  3;  S.C.  V  4.) 
Cases  involving  a  mill,  road,  way,  ferry  or  landing.     (W.Va. 

VIII  3.) 
Cases  involving  constitutionality  of  municipal  ordinance  or 
law  where  ordinance  or  law  has  been  declared  unconstitu- 
tional in  the  lower  court;  appeal  directly  to  highest  court. 

(La.  85.) 
Cases  involving  federal  or  state  constitution  under  rules  pre- 
scribed by  law.      (La.  S5;  Ohio  IV  2;  Va.  VI  88;  W.Va. 

VIII  3.) 
Cases  involving  homestead  exemptions.      (La.  85.) 
Cases  involving  liability  for  taxes,  imposts,  assessments,  tolls 

or  municipal  fines.     (Cal.  VI  4;  Nev.  VI  4.) 
Cases   involving  life  and   liberty  under  rules  prescribed  by 

law.     (Va.  VI  88;  W.Va.  VIII  3.) 
Cases  involving  right  of  corporation  or  county  to  levy  tolls 

or  taxes.     (W.Va.  VIII  3.) 
Cases  involving  the  constitutionality  or  legality  of  any  tax, 
toll,   impost,  fine,   forfeiture  or   penalty  imposed  by  mu- 
nicipal corporations.     (La.  85.) 
Cases  involving  title  or  boundaries  to  land.     (W.Va.  VIII  3.) 
Cases   involving   title   or   possession    of    real   estate.      (Cal. 

VI  4.) 
Cases  involving  title  to  mining  claims.     (Nev.  VI  4.) 
Cases  involving  title  to  real  estate.      (Nev.  VI  4.) 
Cases  of  felony  on  leave  first  obtained.      (Ohio  IV  2.) 
Cases  of  felony  on  questions  of  law  alone.     (Nev.  VI  4.) 
Cases   at   law  in  which  demand    (exclusive  of   interest)    or 

value  of  property  exceeds  $300.      (Nev.  VI  4.) 
Cases  in  which  amount    (exclusive  of  interest)    or  value  of 
property  in  controversy,  amounts  to  $2,000.      (Cal.  VI  4.) 
Cases  where  matter   in   dispute,  or  fund  to  be  distributed, 

exclusive  of  interest,  exceeds  $2,000.     (La.  85.) 
Civil  cases  where  matter  in  controversy,  exclusive  of  costs, 

is  above  $100.      (W.Va,  VIII  3.) 
Civil  cases.     (Wyo.  V  2.) 
Criminal  cases.     (Okla.  VII  2;  Wyo.  V  2.) 


Index  Digest  41 1 


COURTS   (Cont'd) 

Highest  Court  (Cont'd) 

Jurisdiction  —  Appellate    ( Cont'd ) 

Described  by  Character  of  Cases  (Cont'd) 

Criminal  cases  on  questions  of  law  alone,  where  judgment 
of  death  rendered,  or  imprisonment  at  hard  labor  may  be 
inflicted,  or  a  fine  exceeding  $300,  or  imprisonment  exceed- 
ing six  months.    .(La.  85.) 
Criminal  cases  on  questions  of  law  only  where  judgment  of 

death  rendered.      (Cal.  VI  4.) 
Accused   to  have  right  of   appeal   in   all  cases  of  felonious 
homicide  and   in  other  criminal  cases  prescribed  by  law. 

(Pa.  V  24.) 
Divorce  and  separation  from  bed  and  board;  alimony,  nullity 

of  marriage  and  interdiction.     (La.  85.) 
Limited  to  review  of  questions  of  law,  except  where  judg- 
ment is  of  death.      (N.Y.  VI  9.) 
Limited  to  chancery  cases,  and  shall  constitute  a  court  for 
correction  of  errors  at  law,  under  rules  prescribed  by  law 

(Iowa  V  4.) 
Limited  to  chancery  cases;  in  which  to  review  findings  of 
fact  as  well  as  law,  except  where  facts  settled  by  jury, 
and  verdict  not  set  aside;  and  shall  constitute  a  court  for 
the  correction  of  errors  at  law  under  regulations  pre- 
scribed by  law.  (S.C.  V  4.) 
Other  cases  not  included  in  the  general  subdivision  of  law 

and  equity.      (Nev.  VI   4.) 
Probate  cases;    appointment  of  guardians,  committees,   etc. 

(W.Va.  VIII  3.) 
Probate  cases  as  may  be  prescribed  by  law.     ( Cal.  VI  4. ) 
Sole  power  to  declare  laws  or  city  charters,  or  amendments 
thereto,  unconstitutional.      (Colo.  VI   1.) 
Described  by  Courts 

Appeals  from  and  writs  of  error  to  general  trial  courts  under 
rules  prescribed  by  law.      (Mont.  VIII  15;  N.D.  IV  109; 

S.D.  V  18;  Wyo.  V  18.) 
Appeals  from  county  courts  as  may  be  prescribed  by   law. 
Writs  of  error  shall  lie  from  highest  court  to  every  final 
judgment  of  county  court.      (Colo.  VI  23.) 
Appeals  from  ''court  of  chancery  and  to  determine  finally 
all  matters  of  appeals  in  the  interlocutory  or  final  •' 
and  to  proceedings  in  chancery".     (Del.  IV  12   (4).) 
Appeals  from  court  of  chancery  when  chief  justice  of  state, 
because  of  disqualification  of  chancellor,  has  decided  case. 

(Del.  IV  16.) 
Appeals  from  general  trial  court.  (Ida.  V  9;  Utah  VIII  9.) 
Appeals  from  judges  of  probate  until  otherwise  provided  by 

legislature.      (X.I  I.   II    75.) 

Appeals  from  supreme  bench  of  Baltimore  city    (the  appel- 
late court  of  the  city)   to  the  same  extern  as  would  bave 


412  State  Constitutions 

COURTS    (Cont'd) 

Highest  Court  (Cont'd) 

Jurisdiction  —  Appellate    (  Cont'd) 
Described  by  Courts    (Cont'd) 

been  the  rights  of  the  parties   if  said  matters  had  been 
decided  by  the  court  in  which  said  cases  were  tried.     (Md. 

IV  23.) 
Appeals  from  and  writs  of  error  to  general  trial  court,  to 
remain  as  now  existing  until  otherwise  prescribed  by  law. 

(Ky.  127.) 
Appeals  in  civil  cases  from  the  municipal  court  of  the  city 

of  Wheeling.     (W.Va.  VIII  19.) 
Cases    originating    in    the    intermediate    court    of    appeals. 

(Ohio  IV  2.) 
From    compulsory    boards    of    arbitration    under    rules    pre- 
scribed by  law.      (Wyo.  V  28.) 
Over  general  trial  court  as  now  is  or  may  be  prescribed  by 

law  not  inconsistent  with  this  article.  (N.Y.  VI  1.) 
To  extend  to  all  final  judgments  and  decisions  of  general 
trial  courts  and  said  court  shall  have  such  appellate  juris- 
diction of  interlocutory  orders  and  decisions  of  the  general 
trial  court  as  may  be  exercised  by  law.  (N.M.  VI  2.) 
To  issue  writs  of  error  to  the  general  trial  court  for  civil 
cases  only;  determine  finally  all  matters  of  error  in  the 
judgments   and   proceedings   of   said  court.      (Del.   IV   12 

(!)•> 

Writs  of  error  and  appeals  may  be  allowed  from  county 
courts  to  general  trial  courts  or  highest  court  in  such 
cases  and  in  such  manner  as  may  be  prescribed  by  law, 
provided  that  no  appeal  or  writ  of  error  shall  be  allowed 
to  general -trial  court  from  any  judgment  rendered  upon 
appeal  from  a  justice  of  peace  or  police  magistrate  for 
cities  or  towns.  (S.D.  V.  20.) 
Described  by  Courts  and  Character  of  Cases 

Appeals  from  general  trial  courts  in  matters  of  equity  until 
legislature  shall  establish  courts  of  chancery.      (Ark.  VII 

15.) 

Appeals  from  general  trial  cotirt  in  all  cases  in  equity  except 
such  as  arise  in  justices'  courts.      (Cal.  VI  4.) 

Appeals  from  court  of  general  sessions  in  cases  of  prosecu- 
tion under  section  8,  article  V,  bribery  at  elections;  de- 
termine finally  all  matters  of  appeal  in  such  cases.     (Del. 

IV  12  (3).) 

To  issue  writs  of  error  to  court  of  general  sessions  in  all 
cases  in  which  sentence  shall  be  death,  imprisonment  ex- 
ceeding one  month,  or  fine  exceeding  $100,  upon  applica- 
tion trf  accused  after  conviction  and  sentence,  and  in  such 
other  cases  as  shall  be  provided  by  law,  and  to  determine 
finally  all  matters  in  error  in  the  judgments  and  pro- 
ceedings of  said  court;   there  shall  be  no  writ  of  error  in 


Index  I)i.,k.-i  M-'5 


COURTS   {Cont'd) 

Highest  Court  (Cont'd) 

Jurisdiction  —  Appellate    ( Con  t  v/ 1 

Described  by  Courts  and  Character  of  Chstos   {icnit'd\ 

cases  of  prosecution  under  section  S.  article  V,  of  consti- 
tution   (prosecutions  for  bribery  at  elections).      (Del.  IV 

12.) 

Cases  in  law  and  equity  originating  in  general  trial  courts 
for  civil  cases  only,  and  eases  pertaining  to  probate  juris- 
diction and  managements  of  estates  of  infants  originating 
before  judges  of  the  county  courts  and  appealed  to  general 
trial  courts  for  civil  cases  only.      (Fla.  V  5.) 

Cases  of  felony  originating  in  criminal  courts  and  in  all 
criminal  cases  originating  in  general  trial  courts.      (Fla. 

V    5.) 

The  court  shall  be  a  court  alone  for  the  trial  and  correction 
of  errors  in  law  and  equity,  appeals  from  general  trial 
courts  in  all  civil  cases,  whether  legal  or  equitable,  orig- 
inating therein,  or  carried  thereto  from  court  of  ordinary. 

(Ga.  VI  Sec.  II  5.) 

Appeals  from  intermediate  courts  of  appeal  in  all  criminal 
cases  and  in  cases  in  which  a  franchise  or  freehold,  or  the 
validity  of  a  statute  is  involved  and  in  such  other  cases 
as  may  be  provided  by  law.     (111.  VI  11.) 

Appeals  from  St.  Louis  Court  of  Appeals  to  highest  court, 
and  writs  of  error  may  issue  from  highest  court  to  such 
court  in  following  cases  only:  In  all  cases  where  amount' 
in  dispute,  exclusive  of  costs,  exceeds  the  sum  of  $2,500; 
in  cases  involving  construction  of  constitution  of  the 
United  States  or  of  this  state;  in  cases  where  validity  of 
treaty  or  statute  of  or  authority  exercised  under  United 
States  is  drawn  in  question;  in  cases  involving  construc- 
tion of  revenue  laws  of  state  or  title  of  any  office  under 
this  state;  in  cases  involving  title  to  real  estate:  in  cases 
where  county  or  other  political  division  of  state  or  any 
state  officer  is  party;  in  all  cases  of  felony.     (Mo.  VI  12.) 

Unanimous  decision  of  intermediate  court  of  appeals  that 
there  is  evidence  supporting  or  tending  to  sustain  findings 
of  fact  or  verdict  not  directed  by  court,  not  to  be  reviewed; 
except  where  judgment  is  of  death,  appeals  may  be  taken 
as  a  right  only  from  judgments  or  orders  entered  upon 
decisions  of  intermediate  court  of  appeals  finally  determin- 
ing actions  or  special  proceedings,  and  from  orders  grant- 
ing new  trials  on  exceptions,  where  appellants  stipulate 
that  upon  affirmance  judgment  absolute  shall  be  rendered 
against  them;  but  intermediate  court  of  appeals  may  in 
any  department  allow  appeal  upon  any  question  of  law 
which   in   its   opinion   ought  to   be    reviewed    by   highesl 


court.      (N.Y.  VI   9  | 


414  State  Constitutions 


COURTS    (Cont'd) 

Highest  Coubt   (Cont'd) 

Jurisdiction  —  Appellate    ( Cont'd ) 

Described  by  Courts  and  Character  of  Cases   {Cont'd) 

Appeals  and  proceedings  in  error  shall  be  taken  direct  to  the 
highest  court  in  all  cases  appealed  from  justices'  courts 
and  in  all  criminal  cases,  and  in  all  civil  cases  originally 
brought  in  county  court,  in  the  same  manner  and  by  like 
proceedings  as  appeals  are  taken  to  the  highest  court 
from   the   judgment   of   the   general   trial   court.      (Okla. 

VII   14.) 

In  appeals  from  general  trial  courts  in  equity  cases,  ques-' 
tions  of  law  and  fact  open;  in  cases  at  law,  questions  of 
law  alone.     (Utah  VIII  9.) 

Until  otherwise  provided  by  law,  shall  extend  to  questions 
arising  in  cases  of  appeals  from  intermediate  courts  of 
appeal  in  civil  cases  in  which  the  judges  of  said  court 
disagree  or  where  the  several  courts  may  hold  differently 
on  the  same  question  of  law,  or  where  a  statute  of  the 
state  is  held  void;  to  questions  of  law  arising  in  cases 
of  which  the  intermediate  courts  of  appeal  in  civil  cases 
have  appellate  jurisdiction,  under  such  regulations  as  may 
be   prescribed   by   legislature.      (Tex.   V   3.) 

Appeals  from  general  trial  court  in  administration  of  de- 
cedents' estates  and  in  cases  of  guardians,  as  shall  be 
prescribed  by  law.     (Utah  VIII  9.) 

Criminal  cases  where  there  has  been  a  conviction  for  felony 
or   misdemeanor    in    a   general   trial   court   and   where   a 
conviction  has  been  had  in  any  inferior  court  and  been 
affirmed  by  general  trial  court.      (W.Va.  VIII  3.) 
Express  Limitations 

Legislature  may  restrict  the  right  of  appeal;  but  the  right 
of    appeal    shall   not   depend   upon   the   amount   involved. 

(N.Y.  VI  9.) 

None  in  civil  case  where  matter  in  controversy,  exclusive 
of  costs  and  interests  accrued  since  judgment  in  the  court 
below,  is  less  in  value  than  $300,  except  in  controversies 
concerning  title  to  or  boundaries  of  land,  condemnation 
of  property,  the  probation  of  a  will,  appointment  or  quali- 
fication of  personal  representative,  guardian,  committee 
or  curator,  or  concerning  a  mill  roadway,  ferry  landing  or 
the  right  of  state,  county  or  municipal  corporation  to 
levy  tolls  or  taxes  or  involving  construction  of  any  stat- 
ute, ordinance  or  county  proceeding  imposing  taxes,  and 
except  in  cases  of  habeas  corpus,  mandamus,  prohibition, 
the  constitutionality  of  a  law  or  some  matter  not  merely 

pecuniary.     (Va.  VI  88.) 

Such  restrictions  as  prescribed  by  legislature  (power  of  leg- 
islature limited  to  appellate  proceedings  for  correcting 
errors  at  law;  apparently  cannot  limit  appellate  power  in 

chancery ) .     ( Iowa  V  4. ) 


Index  Digest  415 


COURTS   (Cont'd) 

Highest  Court  (Cont'd) 

Jurisdiction  —  Appellate    ( Cont'd ) 

On  Certification  from  Lower  Court 

When  any  intermediate  court  of  appeals  shall  in  any  cause 
or  proceeding  render  decision  which  any  one  of  judges 
therein  sitting  shall  deem  contrary  to  previous  decision 
of  highest  court,  said  intermediate  court  of  appeals  must, 
of  its  own  motion,  pending  same  term  and  year,  transfer 
said  cause  and  original  transcript  therein  to  highest 
court,  and  thereupon  highest  court  must  rehear  and  de- 
termine said  cause.  (Mo.  VI  6.) 
If  judges  of  intermediate  court  of  appeals  find  that  judg- 
ment on  which  they  are  agreed  conflicts  with  judgment 
pronounced  by  another  such  court,  to  certify  record  to 
highest  court  for  review  and  final  determination.      (Ohio 

IV  6.) 
Judges'  power  to  certify  to  highest  court  any  question  of 
law  in  cause  pending;  highest  court  may  instruct  on 
question  or  require  record  to  be  sent  up  for  consideration 
and  final  decision.  (La.  101.) 
When  in  case  in  intermediate  court  of  appeals  question  arises 
as  to  construction  of  constitution  of  state  or  of  United 
States,  or  as  to  the  constitutionality  of  act  of  legislature 
and  decision  is  necessary  to  determination  of  case,  court 
shall  so  certify  to  highest  court  and  transmit  transcript 
of  record;  highest  court  instructs  appellate  court  which 
is  bound  by  instruction,  but  if  judges  of  highest  court 
equally  divided  appellate  court  may  decide  question; 
appellate  court  may  at  any  time  certify  to  highest  court 
any  other  question  of  law  for  instruction  and  highest 
court   shall   give   binding   instruction.      (Ga.   VI    Sec.   II 

9,  5.) 
Intermediate  court  of  appeal  in  any  department  may  allow 
appeal  on  any  questions  of  law,  which  in  its  opinion  ought 
to  be  reviewed  by  highest  court.      (N.Y.  VI  9.) 
Jurisdiction  —  Revisory 

Such  revisory  jurisdiction  of   the  proceedings  of  administrative 

officers  as  prescribed  by  law.      (Ohio  IV  2.) 
Superintending  control  over  all  inferior  courts.      (Mich.  VII  4; 

Mo.  VI  3;   N.M.  VI  3;   Wis.  VII  3.) 
Superintending  control   over   all   inferior   courts,   commissioners 

and  boards  created  by  law.      (Okla.  VII  2.) 
Superintending  control  over  all  inferior  courts  of  law  and  equity. 

(Ark.   VII   4.) 
Superintending  control  over  all  inferior  courts  under  rules  and 

limitations  as  may  be  prescribed  by  law.     (S.D.  V  2.) 
Superintending  control  over  all  inferior  courts  under  rule?  and 
limitations  prescribed  by  law.     (Colo.  VI  2;  X.P.  IV  86;  Wyo. 
!  V  2.) 


416     -  State  Constitutions 


COURTS   (Cont'd) 

Highest  Court  (Cont'd) 

Jurisdiction  —  Revisory   (Cont'd) 

Superintending   control   over   intermediate  courts   of   appeal   by 

mandamus,  prohibition  and  certiorari.      (Mo.  VI  8.) 
Supervisory   control    over    all   inferior   courts.      (La.   94;    Iowa 

V  4;  Mont.  VIII  2.) 
Jurisdiction  —  Original 

Suits  against  state,  See  Suits  Against  State. 
In  General 

As  prescribed  by  law.     (Ind.  VII  4;  Md.  IV  14.) 

No  person  to  be  prevented  from  invoking  original  jurisdic- 
tion.     (Ohio  IV  2.) 

In  remedial  cases  as  prescribed  by  law.      (Minn.  VI  2.) 

Such  as  may  be  necessary  to  enable  it  to  determine  ques- 
tions of  fact  affecting  its  own  jurisdiction  in  any  case 
pending  before  it.     (La.  85;  Tex.  V  3.) 

To  have  no  original  jurisdiction.      (Ga.  VI  Sec.  II  5.) 

Not  to  exercise  any  other  than  that  over  the  particular  class 
of  cases  specifically  designated  in  constitution.     (Pa.  V  3.) 
Described  by  Character  of  Cases 

Power  in  regard  to  writs,  See  below,  this  subdivision,  Writs. 

Petitions  to  remove  judges  of  general  trial  court;  procedure 
minutely  set  forth.     (Tex.  XV  6.) 

All  matters  touching  professional  misconduct  of  members  of 
the  bar,  with  power  to  disbar  under  such  rules  as  may  be 
adopted  by  the  court;  jurisdiction  exclusive      (La.  85.) 

Cases  between  counties  involving  boundaries  and  surveys; 
jurisdiction  exclusive.      (Ariz.  VI  4.) 

Cases  between  counties  involving  claims  of  one  county 
against  another.     (Ariz.  VI  4.) 

Cases  for  removal  of  judges  when  presented  in  writing  upon 
oath  taken  before  some  judge  of  a  court  of  record,  of  not 
less  than  10  lawyers,  practicing  in  the  courts  held  by 
such  judge  and  licensed  to  practice  in  highest  court;  said 
presentment  to  be  founded  either  upon  knowledge  of  the 
person  making  it  or  upon  written  oaths  as  to  facts  of 
credible  witnesses,  highest  court  may  issue  all  needful 
process  and  prescribe  all  needful  rules  to  give  effect  to 
this  section;  causes  of  this  kind  to  have  precedence  and  be 
tried  as  soon  as  practicable.      (Tex.  XV  6.) 

Cases  of  divorce,  alimony  and  marriage,  until  otherwise  pro- 
vided by  legislature.      (N.H.  II  75.) 

Cases  of  removal  of  judges  of  intermediate  courts  of  appeal 
and  general  trial  courts.     (La.  221.) 

Cases  relating  to  revenue.     (111.  VI  2;  Xebr.  VI  2.) 

Civil  cases  in  which  the  state  is  a  party.     (Xebr.  VI  2.) 


fofums.  1'k.kst  UT 


COURTS   (Cont'd) 

Highest  Coukt  (Cont'd) 

Jurisdiction  —  Territorial  Extent 

Coextensive  with  state.      lAla.   VI    1IH;    Ark.  VII  4:    Colo.  VI  2 
Del.  IV   19;    Ind.   VII   4;    Kan.   Ill   3;    Ky.    110;    Md.    1\     U 
\1<..  VI  2;  Mont.  Ylll  2:  X.M.  V 1  2;  X.D.  IV  80;  Okla.  VII  2 
Pa.  V  2;  S.D.  V  2;  Tex.  V  3;  Wis.  VII  3;  Wyo.  V  2.) 
Library 

Sre  also  Libraries. 
Clerk  to  be  librarian.      (Fla.  V  7.) 

Legislature  to  appropriate  at  least  $500  a  year  for  purchase  of 

bnuks.     (Fla.  XVI  27.) 
Name 

Court  of  appeals.     (Ky.  109;  Md.  IV  14;  X.Y.  VI  1.) 
Court  of  errors  and  appeals.      (N.J.  VI  Sec.  II   1.) 
Supreme.      (Ala.   VI    139;    Ariz.  VI   1;    Ark.  VII  2;    Cal.  VI   3; 
Colo.  VI  2;  Del.  IV  12;  Fla.  V  1;  Ga.  VI  Sec.  II  1;  Ida.  V  6; 
111.  VI  2;   Ind.  VII   1;   Iowa  V  1;   Kan.  Ill  2;   La.  S4;   Mich. 
VII  2;  Minn.  VI  2;  Miss.  VI   144;   Mo.  VI  2;   Mont.  VIII  2; 
Nebr.  VI  2;   Nev.  VI  1;   X.M.  VI  2;  X.C.  IV  6;   X.D.  IV  86; 
Ohio.  IV  2;  Okla.  VII  2;  Ore.  VII  2;  Pa.  V  2;  R.I.  X  1;  S.C. 
V  2;  S.I).  V  2;  Tenn.  VI  1;  Tex.  V  2:  Utah  VIII  2;  Vt.  II  28; 
Wash.  IV  2;  Wis.  VII  3;  Wyo.  V  2.) 
Supreme  court  of  appeals.     (Va.  VI  SS;  W.Va.  VIII  2.) 
Supreme  court  of  errors.      (Conn.  V  1.) 

Supreme  judicial  court.      (Me.  VI  1;   Mass.  Pt.  II  Ch.  Ill  2.) 
Non-Judicial  Duties 

Except  as  provided  in  constitution,  no  duties  or  functions  to  be 

attached  to  court  except  judicial.     (La.  96.) 
As  to  judges,  See  aboie,  this  subdivision,  Judges  —  Xo.x-Judicial 

Duties. 
Officers 

Officers  to  be  appointed  by  court  or  by  judges  in  vacation;  duties, 
-     compensation    and   tenure   of   office   to   be   prescribed   by   law. 

(Va.  VI  92.) 
Officers,  except  reporter,  to  be  appointed  by  court,  or  in  vacation 
by  judges,  with  power  of  removal;  duties  and  compensation  to 
be  prescribed  by  law.      (W.Va.  VIII  S.) 
Attendants  appointed  and  removed  by  court.      (X.Y.  VI  7.) 
Bailiff  appointed  and  removed  by  court.     (lOl.  VI  9.) 
Court  crier  appointed1  and  removed  by  court;   salary  and  duties 
fixed  by  law.     (Mich;  VII  6.) 
Place  of  Holding,  See  beloic,  this  subdivision,  Terms. 
Presiding  Officer 

As  to  selection,  etc.,  of  chief  justice,  See  above,  this  subdivision, 

Chief  Justice. 
Chief  justice.     (Ariz.  VI  3;  Ida,  V  6:  Mont.  VIII  8;  Nebr.  VI  6: 

X.M.  VI  4;  S.C.  V  2:  Utah  VTII  2;  Wash.  IV  3;   Wyo.  V 
Chief  justice  mar  sit  in  either  department:   to  preside  wh< 

sitting.     (Cal.  \  I 

14 


418  State  Constitutions 

COURTS   (Cont'd) 

Highest  Court  (Cont'd) 

Presiding  Officer   (Cont'd) 

Chief  justice  to  preside  at  all  sessions  of  court  en  banc.      (Cal. 

VI  2;  Colo.  VI  8.) 
Chief  justice  to  preside  in  appeals  from  court  of  chancery.     (Del. 

IV  14.) 
In  absence  of  chief  justice  associate  judges  to  select  one  of  their 

own  number.     (Cal."  VI  2.) 
In   absence   of   chief   justice,   judge   having   next   shortest  term. 

(Wyo.  V  4.) 

In  absence  of  chief  justice  judge  having  shortest  term  to  serve, 

not  filling  vacancy.      (Ariz.  VI   3;   Ida.  V  6;   Mont  VIII   8; 

N.M.  VI  4;  Utah  VIII  2;  Wash.  IV  3.) 

In  absence  of  chief  justice  judge  present  next  entitled  to  become 

chief  justice  to  preside.     (Colo.  VI  8.) 
In  absence  of  chief  justice  judges  present  to  select  one  of  their 

number.     (Nebr.  VI  6.) 

In  absence  of  chief  justice,  senior  associate  judge.     ( S.C.  V  2. ) 

Chancellor,  or  in  his   absence,  chief  justice,  or   in  his   absence, 

senior  associate  judge,  on  writs  of  error  to  general  trial  court 

for  civil  cases  only,  court  of  oyer  and  terminer,  or  court  of 

general  sessions,  and  on  appeal  from  court  of  general  sessions. 

(Del.  IV  13.) 
Senior  associate  judge  present  to  preside  when  court  is  hearing 
an  appeal  from  court  of  chancery  in  a  case  where  the  chief 
justice  of  the  state  has  acted  in  the  court  of  chancery  because 
the  chancellor  is  disqualified.  (Del.  IV  16.) 
Senior  associate  judge  to  preside  in  absence  of  chief  justice  in 
cases  of  appeal  from  court  of  chancery.     (Del.  IV  14.) 

Procedure 

Appellate  and  original  jurisdiction  invoked  in  manner  now  pre- 
scribed by  law  until  legislature  shall  otherwise  provide.     (Okla. 

VII  8.) 
To  make  rules  and  amend  practice.      (Cal.  VI  4;  Mich.  VII  5; 

Tex.  V  25.) 
Judges  to  make  and  publish  rules  and  regulations  for  the  prosecu- 
tion of  appeals,  whereby  they  shall  prescribe  periods  within 
which  appeals  may  be  taken,  what  part  of  proceedings  in 
court  below  shall  constitute  record,  manner  in  which  such 
appeals  brought  to  hearing  or  determination,  and  regulate 
generally  practice  of  said  court  of  appeals  so  as  to  prevent 
delays,  promote  brevity  in  records  and  proceedings  and  abolish 

unnecessary  costs.     (Md.  IV  18.) 
Power  to  issue  all  process  necessary  to   secure  jurisdiction   to 

parties.      (Iowa  V  4.) 
Appeals  and  writs  of  error  may  be  taken  to  supreme  court  held 
in  the  grand  division  in  which  case  is  decided  or  by  consent 
of  the  parties  to  any  other  grand  division.     (111.  VI  8.) 


Index  Digest  4-19 


COURTS   (Cont'd) 

Highest  Court  (Cont'd) 
Procedure    ( Cont'd ) 

Appeal  taken  within  five  years  of  judgment  unless  person  entitled 
to   writ    is    infant,    married    woman,    non    compos    mentis    or 
prisoner,  and  then  within  five  years  exclusive  of  time  of  dis- 
ability.    ( Del.  IV  28. ) 

Bond  not  required  of  accused  as  condition  of  appeal,  but  super- 
sedeas bond  may  be  required  when  only  punishment  imposed  in 
court  below  is  fine.     ( Va.  VI  88.) 

If  plaintiff  in  error  shall  not  be  prepared  at  first  term  to  prose- 
cute cause,  unless  prevented  by  providential  cause,  it  shall  be 
stricken  from  docket  and  judgment  below  stand  affirmed.     (Ga. 

VI  Sec.  II  6.) 

A  writ  of  error,  supersedeas  or  appeal  allowed  only  upon  peti- 
tion assigning  error  in  judgment,  and  after  judge  shall  have 
examined  and  considered  record  of  assignment  of  errors  and 
satisfied  that  there  is  error  in  same,  or  that  it  presents  a  point 
proper  for  consideration  of  highest  court.      (W.Va.  VIII  6.) 

All  cases  shall  stand  for  hearing  at  first  term  after  transmission 

of  record.     (Md.  IV  15.) 

Appeals  from  general  trial  court  shall  be  upon  record  made  in 
the  court  below  under  regulation  of  law.     (Utah  VIII  9.) 

Until  otherwise  provided  by  law,  either  party  may  have  attached 
to  bill  of  exceptions  the  whole  testimony,  instructions  of  court 
to   jury  and  any  other  material,  and  decision  of  the  appeal. 

(Ore.  VII  3.) 

Highest  court  by  rules  to  regulate  manner  of  certifying  cases 
from  intermediate  court  of  appeals,  and  subsequent  proceed- 
ings, until  otherwise  provided  by  law;  no  affirmance  of  judg- 
ment of  the  court  below  in  cases  pending  in  intermediate  court 
of  appeals  to  result  from  delay  in  disposing  of  questions  so 

certified.     (Ga,  VI  Sec.  II  9.) 

If  case  carried  to  court  is  of  class  belonging  to  intermediate  court 
of  appeal  (court  of  appeals)  may  be  transferred  by  court  to 
such  court  of  appeals  under  such  rules  as  highest  court  may 
prescribe  until  otherwise  provided  uy  law.     (Ga.  VI  Sec.  II  5.) 

No  appeal  dismissed  for  reason  only  that  the  same  was  not  taken 
to  proper  court,  but  case  shall  be  transferred  to  proper  court 
upon  such  terms  as  to  costs  or  otherwise  as  may  be  just  and 
shall    be    proceeded    with    therein    as    if    regularly    appealed. 

(Cal.  VI  4.) 

No  judgment  or  decree  in  any  chancery  or  general  trial  court 
rendered  in  civil  case  to  be  reversed  or  annulled  on  ground  of 
want  of  jurisdiction  to  render  such  judgment  or  decree,  from 
error  or  mistake  as  to  whether  cause  in  which  rendered  was 
in  equity  or  common-law  jurisdiction,  but  if  highest  court  finds 
error  in  proceedings  other  than  as  to  jurisdiction,  and  it  is 
necessary  to  remand  case,  it  may  remand  it  to  any  court 
which,  in  its  opinion,  can  best  determine  controversy.      (Miss. 

VI  147.) 


420  State  Constitutions 

COURTS   {Cont'd) 

Highest  Coubt  (Cont'd) 
Procedure    {Cont'd) 

When  executor  or  administrator  appeals  from  decree  of  chan- 
cellor or  applies  for  writ  of  error;  proceedings  shall  not  stay 
unless  he  shall  give  sufficient  surety  approved  by  court  to 
effect  that  he  will  prosecute  to  effect,  and  pay  condemnation 
money  and  costs,  or  otherwise  abide  decree  in  appeal  or  judg- 
ment in  error  if  he  fails  to  make  his  plea  good.  (Del.  IV  27.) 
Appeals  and  writs  of  error  prosecuted  from  criminal  court  of 
record  of  Escambia  county  in  accordance  with  laws  and  rules 
governing  such  proceedings  from  general  trial  court  to  highest 

court.      (Fla.  V  40.) 
Quarters 

Legislature  to  make  necessary  appropriation  to  provide  suitable 
and  commodious  building  for  the  court  and  the  records  thereof. 

(La.  88.) 
State  to  provide  suitable  room  at  seat  of  government  in  which 
highest  court  shall  hold  its  sessions.      (Mo.  VI  10.) 
Quorum 

A  majority.  (Ariz.  VI  2;  Fla.  V  4;  Ga.  VI  Sec.  II  1;  Ida.  V  6; 
Ind.  VII  2;  Ky.  117;  La.  86;  Mont.  VIII  5;  Nebr.  VI  2; 
Nev.  VI  2;  N.M.  VI  5;  N.D.  IV  89;  Ohio  IV  2;  Okla.  VII  3; 
E.I.  XII  1;  S.C.  V  2;   S.D,  V  7;  Utah  VIII  2;  Wash.  IV  2; 

Wyo.  V  5.) 
Two  (out  of  three.)      (Ark.  VII  2;  Miss.  VI  145;  Tex.  V  2.) 
Two    (Iowa  V  2;   as  to  number  of  judges,  See  above,  this  sub- 
division, Judges  —  Number). 
Three   (out  of  five).      (Del.  XIII  14;  Va.  VI  SS.) 
Three  (out  of  four)   on  appeals  from  court  of  chancery  in  cases 
where  chief  justice  of  state  has  presided  in  court  of  chancery, 
the  chancellor  being  disqualified.      (DeL  IV  16.) 
Four  (out  of  seven).     (111.  VI  2;  Md.  IV  15;  Wis.  VII  4.) 
Five  (out  of  seven).     (N.Y.  VI  7.) 

One  judge  may  open  or  adjourn  court.     (Del.  IV  13,  14.) 
One  or  more  judges  may  adjourn  court  from  day  to  day  or  to  a 

day  certain.     (Mont.  VIII  5;  X.D.  IV  89;  S.D.  V  7.) 
One  (out  of  four)  may  open  or  adjourn  any  cases  of  appeal  from 
court  of  chancery  where  chief  justice  of  state  has  presided  in 
court   of    chancery,   the   chancellor   being   disqualified.      (Del. 

IV  16.) 

Where  either  party  shall  desire,  court  to  be  composed  of  three 

judges  (the  entire  number  of  the  court)    (if  one  disqualified  or 

unable  to  sit  method  provided  for  temporary  appointment). 

"(Miss.  VI  165.) 
Ad  litem  appointees.  See  above,   this  subdivision,  Judges  —  Ad 

Litem  Appointees. 
Rehearing 

Court  shall  prescribe  by  rule  that  petitions  for  rehearing  shall  be 
considered   by  a   judge  who  did  not   deliver   opinion   in   case. 

(Ky.  118.) 


Index  Digest  421 


COURTS   (Cont'd) 

Highest  Court  (Cont'd) 
Reporter 

Compensation 

As  prescribed  by  law.     (Cal.  VI  21  j  111.  VI  32;  Mich.  VI F  6; 

Wash.  IV  18.) 
As  prescribed  by  law;  court  to  fix  until  so  prescribed.     (Ariz. 

VI  14.) 
As   prescribed   by   law;    not   to   exceed    $1,500   per    annum. 

(Nebr.  VI  8.) 
Duties  in  General 

As  prescribed  by  law.      (111.  VI  32;  Kan.  Ill  4;  Mich.  VII 

6;  S.C.  V  7.) 
As  prescribed  by  law  and  by  rules  of  court  not  inconsistent 
with  law.      (Cal.  VI  21;  N.D.  IV  93.) 
How  Selected 

Appointed.     (N.M.  VI  9.) 

Appointed  by  court.  (Ariz.  VI  14;  Ark.  VII  7;  Cal.  VI  21; 
111.  VI  9;' Kan.  Ill  4;  Mich.  VII  f. ;  Minn.  VI  2;  Nebr. 
VI  8;  N.Y.  VI  7;  N.D.  IV  93;   S.C.  V  7;  Utah  VIII  14; 

Tenn.  VI  5;  Wash.  IV  18.) 
Number 

A  reporter  and  not  more  than  three  assistant  reporters  of 
decisions  of  highest  court  and  intermediate  court  of  ap- 
peals.     (Cal.  VI  21.) 
Removal 

By  court  for  good  cause.      (Ark.  VII  7.) 
To  be  removed  on  prosecution  and  final  conviction  for  mis- 
demeanor in  office.      (111.  VI  9,  32.) 
Residence 

To  reside  in  division,  circuit,  county  or  district  for  which 

appointed.     (111.  VI  9,  32.) 
Term  of  Office 

During  pleasure  of  court.     (Ariz.  VI  14;  Cal.  VI  21;  111.  VI 
9;  Mich.  VII  6;  Nebr.  VI  S;  X.Y.  VI  7;  N.M.  VI  9;  N.D. 
IV  93;  Utah  VIII  14;  Wash.  IV  IS.) 
Two  years.      (Kan.  Ill  4.) 
Four 'years.     (Nebr.  VI  S;  S.C.  V  7.) 
Six  years.     (Ark.  VII  7.) 

Six  years  and  until  successor  qualified,  subject  to  removal  by 

court.     (111.  VI  9,  32.) 
Eight  years.     (Tenn.  VI  5.) 
Seal 

Shall  have  a  seal.     (Md.  IV  1;  Mich.  VII  17;  Utah  VIII  17.) 
That  in  use  by  supreme  court  of  territory  until  otherwise  pro- 
vided by  law.     (Ida.  XXI  17;  Utah  XXIV  S;  Wash.  XXVII  9.) 
That  now  in  use  in  supreme  court  of  territory  until  otherwise 
provided  by  law,  except  that  the  word  "  -talc  "  shall  be  substi- 
tuted  for  the  word  "  territory  "'  on  -aid  seal.     (Ariz.  XXII  10.) 


422  State  Constitutions 

COURTS   (Cont'd) 

Highest  Court  (Cont'd) 
Stenographers 

To  be  appointed  by  court  for  use  of  judges;  $2,000  to  be  appro- 
priated annually  by  legislature.      (La.  92.) 
Terms 

General  Provisions 

Should  be  held  under  such  regulations  as  may  be  provided 

bylaw.     (S.D.  V  28.) 

Until  legislature  shall   provide  by  law  for  fixing  terms  of 

court,  judges  shall  fix.     (Colo.  VI  20;  X.D.  IV  118;  Okla. 

VII  5;  S.D.  V  33.) 
X umber  per  Annum 

As  prescribed  by  law.     (Ark.  VII  8;  Fla.  V  4.) 

One.      (La.  88;*X.M.  VI  7.) 

One,  and  such  others  as  may  be  prescribed  by  law.      ( Kan. 

Ill  3;   Minn.  VI  2;  Ohio  IV  2;  Wis.  VII  11.) 
At  least  one.     (Ore.  VII  4;  Wis.  VII  11.) 
Two.      (Miss.  VI  148;  S.C.  V  5.) 

At  least  two.      (Colo.  VI  4;   Nebr.  VI  3;   S.D.  V  4;   W.Va. 

VIII  9;  Wyo.  V  7.) 
Three.      (X.D.  IV  88.) 

At  least  three.      (Utah  VIII  4;  Mont.  VIII  4.) 
Four.     (Mich.  VII  3.) 

At   least  four    ( after   six   years   legislature   may   alter   pro- 
visions of  this  section.)      (Ida.  V  S.) 
Place  of  Holding 

As   prescribed   by   law.       (Iowa   V   3;    Mich.   VII    3;    W.Va. 

VIII  9.) 
At   two  or  more  places  in  state  to  be  fixed  by  law.      (Va. 

VI  93.) 

Seat  of  government.      (Ariz.  VI  3;  Ark.  VII  8;  Colo.  VI  4; 

Fla.  V  4,  XVI   10:   Ga.  VI  Sec.  II  5;   Miss.  VI  148;  Mo. 

VI  9;  Mont.  VIII  4;  Xebr.  VI  3;  Xev.  VI  7;  X.M.  VI  7; 

Okla.  VII  5;  Tex.  V  3;  Utah  VIII  4;  Wis.  VII  11.) 

Seat    of    government,    and    other    place    prescribed    by    law. 

(Ohio  IV  2;  S.C.  V  5.) 

Seat  of  government ;   but  if  it  become  dangerous  from  any 

cause  court  may  convene  at  or  adjourn  to  another  place. 

(Ala.  VI  141.) 

Seat  of  government ;   but  if  it  become  dangerous  in  case  of 

war,  insurrection  or  pestilence  court  may  adjourn  to  meet 

and  transact  its  business  at  another  place  in  state.      (Ky. 

III.) 
Seat  of  government  for  at   least   one  of  the  annual  terms. 

(Ore.  VII  7.) 

Seat  of  government  for  at  least  one  of  the  annual  terms  and 

other  terms  at  such  places  as  prescribed  by  law.      (Kan. 

Ill  3.) 
Seat  of  government   for   at  least  two  of  the  annual  terms. 

(S.D.  V  4;   Wyo.  V  7.) 


Index  Digest  423 


COURTS   (Cont'd) 

Highest  Court  (Cont'd) 
Terms    (Co-nt'd) 

Place  of  Holding  (Cont'd) 

Seat  of  government;  legislature  may  provide  by  two-thirds 
vote  that  one  term  in  each  year  shall  be  held  in  each  or 
any  judicial  district.      (Minn.  VI  2.) 

Seat    of    government    until    otherwise    prescribed    by    law. 

(Wash.  IV  3.) 

Seat  of  state  government  for  at  least  two  of  the  annual 
terms  and  two  terms  at  city  of  Lewiston  in  Nez  Perce 
county;  in  case  of  epidemic,  pestilence  or  destruction  of 
court  house  the  justices  may  hold  terms  other  places  to 
be  fixed  by  a  majority  of  them.  (After  six  years  legisla- 
ture may  alter  provisions  of  this  section.)      (Ida.  V  8.) 

Two  of  the  annual  terms  at  seat  of  government;  one  special 
term  at  cities  other  than  Bismarck  upon  twenty  days' 
previous  published  notice.      (N.D.  IV  88.) 

To  continue  to  be  held  in  present  grand  division  at  several 
places  now  provided  for  holding  the  same  until  otherwise 
provided  by  law  (specific  places  pointed  out).     (111.  VI  4.) 

New  Orleans.      (La.  88.) 

Annapolis;  judges  may  temporarily  transfer  their  sittings 
elsewhere  upon  sufficient  cause.      (Md.  IV  14.) 

Raleigh,  until  otherwise  prescribed  by  law.     (N.C.  IV  7.) 

Knoxville,  Nashville  and  Jackson.     (Tenn.  VI  2.) 
Time  of  Holding 

As  prescribed  by  law.  (Ark.  VII  8;  Fla.  V  4;  Ga.  VI  Sec. 
II  5;  111.  VI  4;  Mich.  VII  3;  Miss.  VI  148;  Nev.  VI  7; 
Ore.  VII  7;  W.Va.  VIII  9;  Wis.  VII  11.) 

As  court  may  direct  until  prescribed  by  law.      (Nev.  XVII 

15;  Wyo.  V  26.) 

As  may  be  prescribed  by  law  and  until  otherwise  directed 
by  law,  shall  commence  on  third  Tuesday  in  October  and 
April  of  each  year.      (Mo.  VI  9.) 

At  such  time  as  legislature  may  prescribe.      (Iowa  V  3.) 

Commencing  first  Monday  in  January  next  succeeding  elec- 
tion.    (Ky.  112.) 

Commencing  on  second  Wednesday  in  January.    (N.M.  VI  7.) 

First  Monday  in  April  and  first  Monday  in  October  and  on 
the  first  Monday  in  January  and  at  such  other  times  as 
legislature  may  by  law  direct.      (Md.  IV  14.) 

To  sit  for  the  transaction  of  business  from  the  first  Monday 
of    October    until    the    last    Saturday    of    June    inclusive. 

(Tex.  V  3.) 

To  begin  not  later  than  first  Monday  in  November  ami  end 
not  before  June  30th.      (La.  88.) 

Session  to  continue  not  less  than  10  months  in  the  year  if 
the  business  before  it  shall  so  require.     (Mil.  IV  14.1 

Court  always  to  be  open  for  transaction  of  business.      (Cal. 

VI   2.) 


4J4  State  Constitutions 


COURTS   (Cont'd) 

Highest  Court  (Cont'd) 
Terms    (Cont'd) 

Time  of  Holding    (Cont'd) 

Court  to  be  open  at  all  times  for  transaction  of  business, 
except  on  non-judicial  days.      (Ariz.  VI  2;   Wash.  IV  2.) 
Court  to  be  open  at  all  times;  may  take  such  recess  as  in  its 
judgment  may  be  proper.      (N.M.  VI  7.) 
Writs 

For  power  of  judges,  See  above,  tliie  subdivision,  Judges. 
Certiorari 

Power  to  issue  and  to  hear  and  determine.      (Colo.  VI  3; 
Mo.  VI  3;  Mont,  VIII  3;  N.M.  VI  3;   N.D.  IV  87;   Okla. 

VII  2;  Wis.  VII  3.) 
Power  to  issue  and  to  hear  a.nd  determine  in  cases  and  under 

regulations  prescribed  by  law.      (S.D.  V  3.) 
Original  jurisdiction  to  issue.      (Ida.  V  9;  Utah  VIII  4.) 
Power  to  issue.      (Ariz.  VI  4;  Cal.  VI  4;  Fla.  V  5;  La.  94; 

Nev.  VI  4 ;  Tex.  V  3 ;  Wash.  IV  4 ;  Wyo.  V  3. ) 
Power  to  issue  writs  or  orders  of.     (S.C.  V  4.) 
Power  to  issue  to  general  trial  courts  (for  civil  cases  only), 
court  of  oyer  and  terminer,  court  of  general  sessions,  court 
of    chancery,    orphans'   court,    or    any    of    judges    of    said 
courts,  and  all  orders,  rules  and  processes  proper  to  give 

effect  to  same.      (Del.  IV  12   (5).) 
Appellate  jurisdiction.      (W.Va.  VIII  3.) 

Appellate  jurisdiction  as  now  or  may  be  provided  by  law. 

(Pa.  V  3.) 
Power  to  issue  and  to  hear  and  determine,  in  aid  of  its  ap- 
pellate and  supervisory  jurisdiction.     (Ark.  VII  4.) 
Error 

Power  to  issue  and  to  hear  and  determine.      (Mich.  VII  4; 

N.M.  VI  3.) 
Power  to  issue  and  to  hear  and  determine  in  aid  of  its  ap- 
pellate and   supervisory  jurisdiction.      (Ark.    VII  4.) 
Appellate  jurisdiction   as  now  or  may  be  provided  by  law. 

(Pa.  V  3.) 
Habeas  Corpus 

Power  to  issue  and  to  hear  and  determine.      (Colo.  VI  3; 
Mich.  VII  4;  Mo.  VI  3;  Mont.  VIII  3;  N.M.  VI  3;  N.D. 
IV  S7;   Okla.  VII  2;   Wis.  VII  3.) 
Jurisdiction.      (Nebr.  VI  2;  Va.  VI  88.) 

Original  jurisdiction.      (Ariz.   VI  4;   111.  VI  2;   Kan.  Ill  3; 

Ohio  IV  2;  W.Va.  VIII  3.) 
Original  jurisdiction  at  its  own  discretion.     (Ore.  VII  2.) 
Power   to   issue.      (Ala.   VI    140;    Ariz.   VT   4;    Cal.   VI   4; 
Fla.  V  5;  Nev.  VI  4;  S.D.  V  3;  Wash.  IV  4;  Wyo.  V  3.) 
Power  to  issue  writs  or  orders  of.     ( S.C.  V  4. ) 
Power  to  issue  as  may  be  prescribed  by  law.     (Tex.  V  3.) 
Original  jurisdiction  to  issue.     (Ida.  V  9;  Utah  VIII  4.) 


I  n  dex  Digest  4&3 


COURTS   (Cont'd) 

Highest  Court  (Cont'd) 
Writs   (Cont'd) 

Habeas  Corpus    (Cont'd) 

Original  jurisdiction  as  to  state  officers.      (Wash.   1\'  4.) 
Power  to  issue  in  instance  of  any  person  in  actual  custody 

whore  it  may  have  appellate  jurisdiction.      (La.  93.) 
Appellate  jurisdiction.      (YV.Va.  YI1I  3.) 
Power  to  issue  and  to  hear  and  determine  in  aid  of  its  ap- 
j>ellate  and  supervisory  jurisdiction.      (Ark.   VII   4.) 
lniiinctio>i 

Power  to   issue  and  to  hear  and  determine.      (Colo.   VI   3; 

Mont.  VIII  3;  X.M.  VI  3;  X.D.  IV  S7 ;   Wis.  VII  3.) 
Power  to  issue.      (Ala.  VI  140.) 
Power  to  issue  writs  or  orders  of.     (S.C.  V  4.) 
Original    jurisdiction    in    cases   where    corporation    is    party 

defendant.     (Pa.  V  3.) 
Power  to  issue  and  to  hear  and  determine  in  cases  and  under  . 
regulations  prescribed  by  law.      (S.D.  V  3.) 
Mandamus- 
Power  to  issue  and  to  hear  and  determine.      (Colo.  VI   3; 
Mich.  VII  4;  Mo.  VI  3;  Mont.  VIII  3;  N.M.  VI  3;   X.D. 
IV  87;    Okla,  VII  2;   Wis.  VII  3.) 
Jurisdiction.     (Xebr.  VI  2;  Va.  VI  SS.) 

Original  jurisdiction.      (111.  VI  2;   Kan.  Ill  3;   Ohio  IV  2; 

W.Va.  VIII  3.) 
Original  jurisdiction  at  its  own  discretion.     (Ore.  VII  2.) 
Original  jurisdiction  to  issue.      (Ida.  V  9;  Utah  VIII  4.) 
Power   to    issue   and    to   hear    and    determine    in    cases    and 

under  regulations  prescribed  by  law.     (S.D.  V  3.) 
Power  to  issue.      (Ariz.  VI  4;  Cal.  VI  4;   Fla.  V  5;  La.  94; 

Tex.  V  3;  Wash.  IV  4.) 
Power  to  issue  writs  or  orders  of.     (S.C.  V  4.) 
Legislature  may  confer  original  jurisdiction  to  issue  in  such 
cases    as   may   be    specified,    except    as    against    governor. 

(Tex.  V  3.) 
Original  jurisdiction  as  to  state  officers.     (Ariz.  VI  4;  Wash. 

IV  4:   Wyo.  V  3.) 
Original   jurisdiction    against   all    state   officers,    boards   and 

commissions.      (N.M.  VI   3.) 
To    courts    of    inferior    jurisdiction,    original    jurisdiction. 

(Pa.  V3.) 
Power  to  issue  to  general  trial  court    (for  civil  cases  only), 
court  of  oyer  and  terminer,  court  of  general  sessions,  court 
of    chancery,    orphans'    court,    or    any    of    judges    of    said 
courts,  and  all  orders,  rules  and  processes  proper  to  give 
effect  to  same.     (Del.  IV  12   (5).) 
Power  to  issue  and  to  hear  and  determine  in   aid  of  its  ap- 
pellate and  supervisory   jurisdiction.      (Ark.  VII  4.) 
Appellate  jurisdiction.      (W.Va.  VIII  3.) 


426  State  Constitutions 

COURTS   (Cont'd) 

Highest  Court  (Cont'd) 
Writs  (Cont'd) 
Prerogative 

Power  to  issue.     (R.I.  Amend.  XII  1.) 
Procedendo 

Power  to  issue  and  to  hear  and  determine.      (Mich.  VII  4.) 
Original  jurisdiction.      (Ohio  IV  2.) 
Power  to  issue.     (Tex.  V  3.) 
Prohibition 

Power  to  issue  and  to  hear  and  determine.     (Mont.  VIII  3; 

N.M.  VI  3;  Okla.  VII  2.) 
Jurisdiction.      (Va.  VI   88.) 

Original  jurisdiction.      (Ohio  IV  2;  W.Va.  VIII  3.) 
Original  jurisdiction  to  issue.      (Ida.  V  9;  Utah  VIII  4.) 
Power  to  issue  writs  or  orders  of.     (S.C.  V  4.) 
Power  to  issue.     (Ariz.  VI  4;  Cal.  VI  4;  La.  94;  Nev.  VI  4; 

Wash.  IV  4;  Wyo.  V  3.) 

Power  to  issue  to  general  trial  court  for  civil  cases  only, 

court  of  oyer  and  terminer,  court  of  general  sessions,  court 

of  chancery,  orphans'  court,  or  any  of  judges  of  said  courts, 

and  all  orders,  rules  and  processes  proper  to  give  effect  to 

same.      (Del.  IV  12  (5).) 
Power  to  issue  and  to  hear  and  determine  in  aid  of  its  ap- 
pellate and  supervisory  jurisdiction.     (Ark.  VII  4.) 
Appellate  jurisdiction.      (W.Va.  VIII  3.) 
Quo  Warranto 

Power  to  issue  and  to  hear  and  determine.      (Colo.  VI   3; 
Mich.  VII  4;  Mo.  VI  3;  Mont.  VIII  3;  N.D.  IV  87;  Okla. 

VII  2;  Wis.  VII  3.) 
Power  to  issue  and  to  hear  and  determine  in  cases  and  under 

regulations  prescribed  by  law.     ( S.D.  V  3. ) 
Jurisdiction.      (Nebr.  VI  2.) 
Original  jurisdiction.     (Ohio  IV  2.) 

Original  jurisdiction  at  its  own  discretion.     (Ore.  VII  2.) 
Original  jurisdiction  to  issue.     (Utah  VIII  4.) 
Power  to  issue.     (Ala.  VI  140;  Fla.  V  5;  La.  94;  Nev.  VI  4.) 
Legislature  may  confer  original  jurisdiction  to  issue  in  such 
cases    as    may   be    specified,    except   as    against   governor. 

(Tex.  V  3.) 
Original  jurisdiction  as  to  state  officers.     (Ariz.  VI  4;  Wash. 

IV  4 ;  Wyo.  V  3. ) 
Original   jurisdiction   against   all   state  officers,   boards   and 

commissions.      (N.M.  VI  3.) 
Original  jurisdiction  as  to  all  state  officers  whose  jurisdiction 

extends  over  state.     (Pa.  V  3.) 
Power  to  issue  and  to  hear  and  determine  in  aid  of  its  ap- 
pellate and  supervisory  jurisdiction.     (Ark.  VII  4.) 
Appellate  jurisdiction.      (W.Va.  VIII  3.) 


Index  Digest  427 


COURTS   (Cont'd) 

Highest  Court  (Cont'd) 
Writs  (Cont'd) 

Quo  Warranto    (Cont'd) 

Power  to  issue  in  exercise  of  original  jurisdiction  to  circuit 
judges   and    chancellors   when   created   and   to   officers   of 
political    corporations    when    question    involved    is    legal 
existence  of  such  corporations.      (Ark.  VII  5.) 
Review 

Power  to  issue.     (Ariz.  VI  4;  Wash.  IV  4;  Wyo.  V  3.) 
Supersedeas 

Power  to  issue  and  to  hear  and  determine  in  aid  of  its  ap- 
pellate and  supervisory  jurisdiction.     (Ark.  VII  4.) 
In  General 

Power  to  issue  such  other  remedial  and  original  writs  as 
may  be  necessary  to  give  it  a  general  superintendence  and 
control  of  inferior  jurisdiction.     (Ala.  VI  140.) 
Power  to  issue  all  other  writs  necessary  or  proper  to  com- 
plete exercise  of  its   appellate   and   revisory  jurisdiction. 

(Ariz.  VI  4;  Wyo.  V  3.) 

Power  to  issue  and  to  hear  and  determine  other  remedial 

writs,  in  aid  of  its  appellate  and  supervisory  jurisdiction. 

(Ark.  VII  4.) 
Power  to  issue  all  other  writs  necessary  or  proper  to  com- 
plete exercise  of  its  appellate  jurisdiction.      (Cal.  VI  4; 

Nev.  VI  4.) 
Power  to  issue  and  to  hear  and  determine  other  original  and 

remedial  writs.     (Colo.  VI  3;  Mich.  VII  4;  Wis.  VII  3.) 
Power  to  issue  all  other  writs  necessary  or  proper  to  com- 
plete exercise  of  its  jurisdiction.      (Fla.  V  5.) 
Jurisdiction  original  to  issue  all  necessary  or  proper  to  com- 
plete exercise  of  its  appellate  jurisdiction.     (Ida.  V  9.) 
Power    to    issue   all    writs    necessary    to    secure    justice    to 

parties.      (Iowa  V  4.) 
Power  to  issue  such  as  may  be  necessary  to  give  it  a  general 

control  of  inferior  jurisdiction.      (Ky.  110.) 
Power  to  issue  other  remedial  writs.     (La.  94.) 
Power  to  issue  and   to  hear  and  determine   other   original 

remedial  writs.     (Mo.  VI  3.) 

Power  to  issue  and  to  hear  and  determine  such  other  original 

and   remedial    writs   as   may   be   necessary   or    proper   to 

complete   exercise   of   its    appellate   jurisdiction.      (Mont. 

VIII  3.) 
Power  to  issue   and  to  hear   and  determine  all  other  writs 
necessary    or    proper    for   complete    exercise    of    its   juris- 
diction.     (N.M.  VI  3.) 
Power   to    issue    any    remedial   writs    necessary   to   give   it 
general  supervision  and  control  over  proceedings  of  inferior 

courts.     (N.C.  IV  8.) 


4-2S  State  Constitutions 

COURTS    (Cont'd) 

Highest  Court   (Cont'd) 
Writs   (Cont'd) 

In  General    (Cont'd) 

Power   to   issue   anil   to  hear  and   determine  other   original 
and  remedial  writs  as  may  be  necessary  to  proper  exercise 
of  its  jurisdiction.      (N.D.  IV  S7.) 
Power  to  issue  and  to  hear  and  determine  such  other  reme- 
dial writs  as  may  be  provided  by  law.     (Okla.  VII  2.) 
Power   to  issue  other   original   and   remedial   writs.      ( S.C. 

V  4.) 
Power   to    issue   and   to   hear    and   determine    original    and 
remedial  writs  in  cases  and  under  regulations  prescribed 
by  law.     (S.D.  V  3.) 
Power  to  issue  such  other  writs  as  may  be  necessary  to  en- 
force its  jurisdiction.     (Tex.  V  3.) 
Power  to  issue  necessary  and  proper  writs  for  exercise  of  ap- 
pellate jurisdiction.     (Utah  VIII  4.) 
Impeachment  Courts,  See  Impeachment. 
Imprisonment  eoe  Debt,  See  Imprisonment  for  Debt. 
Intermediate  Courts  of  Appeal 

For  civil  cases  only,  See  below,  this  title,  Intermediate  Courts  of 

Appeal  for  Civil  Cases  Only. 
For  criminal  cases  only,  See  below,  this  title,  Intermediate  Courts 

of  Appeal  for  Criminal  Cases  Only. 
Character 

Court  of  record.      (Cal.  VI  12.) 
Chief  Justice 

See  also  below,  this  subdivision,  Judges. 

Appointed  by  governor  from  one  of  judges  of  general  trial  court 

and  shall  act  as  such  during  his  term  of  office.      (N.Y.  VI  2.) 
Elected  as:  such.      (Cal.  VI  4;  Tex.  V  6.) 

Resident  of   the   department    (state   divided   into   three  depart- 
ments; court  in  each  department).      (N.Y.  VI  2.) 
Clerks 

See  also  above,  this  title,  Clerks. 
Compensation* 

As  provided  by  law.      (Cal.  VI  21.) 

Paid  out  of  the  public  treasury  as  provided  by  law.      (N.Y. 

VI  19.) 
Duties 

As  provided  by  law  or  rules  of  court.      (Cal.  VI  21.) 
How  Select<  d 

Appointed  by  court.      (Cal.  VI  21;   Ga.  VI  Sec.  II  5;   N.Y. 

VI  19.) 
Appointed  by  governor  with  advice  and  consent  of  senate. 

(N.J.  VII  Sec.  II  4.) 
Location  of  Office 

At  place  designated  by  judge  of  court.      (N.Y.  VI  19.) 
Number 

One  for  each  department.      (N.Y.  VI  19.) 


I x i > r : x   DiGEfeT  '-" 


COURTS   (Cont'd) 

Intermediate  Cotrts  of  Aiteal   {Cont'd) 
Clerks   {Cont'd) 
Removal 

At  pleasure  of  eourti     (Cal.  W  21.) 

Term  of  dffue 

At   pleasure  of  court.      (Cal.  Yf  21.) 
Five  years.      (X.J.  VII   See.  II  4.) 
Costs 

Cost  of  appeal  in  any  ease  to  the  first  and  second  circuits  not  to 

exceed  $5.     (La.  106.) 
Law  relating  to  highest  court  to  apply  so  far  as  applicable  until 
otherwise  provided  by  law.      (Ga.  VI  Sec  II  5.) 
Court  of  Appeals  for  Parish  of  Orleans 
Detailed  provisions  for.      (La.  131.) 

Decisions 

See  also  helote.  this  svhdirision,  LrnoMEXFS. 
Xim/hrr  TVecessari/  to  Render 

All  must  concur.      (Cal.  VI  4.) 

No  judgment  of  a  general  trial  court  and  superior  court  or 
other  court  of  record,  to  be  reversed   except   by  the  con- 
currence of  all  judges  on  the  weight  <>f  the  evidence  and 
tiy   majority   upon    other   questions.      (Ohio   IV   6.) 
Three   (out  of  five).      (N.Y.  VI  2.) 

Two  (out  of  three)  ;  when  from  any  cause  two  judges  cannot 
agree  they  shall  appoint  a  district  judge  or  lawyer  having 
qualifications  of  a  judge  of  their  court  to  sit  in  the  case. 

(La.  102.1 

ruhlieation  of 

Legislature   to   provide   for   -speedy   publication    of   opinion* 
highest  court   shall   deem   expedient:    all   opinions  free  for 
publication   to  any  person.      (Cal.  VI   1G.) 
Reasons  to  Be  Set  Forth 

Grounds  of  decision  stated  in  writing:  if  judges  unable  to 
concur  in  judgment  to  give  their  several  opinions  in  writ- 
ing and  cause  copies  thereof  to  be  forwarded  to  highest 

court.     (Cal.  VI  24.) 
Report):)  a   of  • 

Loiri  slat  ore   mav  provide  for  the  reporting  of  cases.      (Ohio 

IV   6.) 
Establishment,  See  above,  this  litlr,  Estuu.tsumext. 

Judges 

,<-'  e  also  liloir,  this  title.  JrnoEs. 
Ad  Litem    1  ppointrrs 

Should  any  two  judges  be  unable  to  serve,  remaining  judge 
to  appoint  some  general  trial  court  judge  or  lawyer  with 
qualifications  of  judge  to  sit  in  case.  (La.  102.) 
Temporary  appointment  l>y  governor  in  ease  of  absence  o/ 
anv  judtre.  but  no  judge  to  sit  in  review  of  decision  made 
by  him  or  h\  court  of  which  he  was  at  time  a  sitting  mem- 
ber.    (N".Y.  VI  2,  3.) 


430  State  Constitutions 


COURTS   (Cont'd) 

Intermediate  Courts  of  Appeal   (Cont'd) 
Judges   (Cont'd) 

Ad  Litem  Appointees  (Cont'd) 

When  for  any  reason  judge  disqualified  or  unable  to  act  in 
any  cause,  highest  court  appoints  judge  from  any  district 
or  judge  of  general  trial  court  who  has  not  acted  in  case 

below.     (Cal.  VI  4.) 
Chief  Justice,  See  above,  this  subdivision,  Chief  Justice. 
Compensation 

$4,000  a  year  except  judges  of  court  of  appeals  for  parish 
of    Orleans,    $5,000;    payable    monthly    upon    warrant    of 

judge.     (La.  99.) 
Prohibition  against  receiving  any  fees  or  compensation  other 

than  salary  for  any  official  duty  performed.     (La.  96.) 
$7,000,  payable  at  stated  times  out  of  state  treasury,  but  not 
until    judge    makes    and    subscribes    to    affidavit   that   no 
cause  in  his  court  remains  undecided  that  had  been  sub- 
mitted   for    decision    for    a    period    of    90    days.      (Cal. 

VI  17,  24.) 
Dual  Office  Holding 

Not  to  hold  any  other  office  or  public  employment  other  than 
judicial  during  term  for  which  elected.      (Cal.  VI  18.) 
How  Selected 

By   appointment   by   governor   with   advice   and   consent   of 

senate.     (N.J.  VII  Sec.  II  1.) 
By  appointment  by  governor  from  judges  of  general  trial 

court.      (N.Y.  VI  2.) 
Elected  as  judges  of  highest  court.     (Ga.  VI  Sec.  II  9.) 
Elected  by  electors  of  respective  appellate  districts.     Mode 
and  time  of  election  aa  prescribed  by  law,  but  no  law  shall 
abridge  teTm  of  any  judge  then  in  office.      (Ohio  IV  6.) 
Elected  by  qualified  electors  of  respective  districts  at  same 
time   and  place   as  congressional   election  next  preceding 
expiration  of  term.     (La.  100.) 
Elected  by  qualified  electors  within  their  respective  districts 
at  general  state  elections  at  time  and  places  at  which  jus- 
tices of  highest  Qourt  are  elected.     ( Cal.  VI  4. ) 
Court  to  consist  of  justices  of  general  trial  court  as  pre- 
scribed by  law.      (111.   VI   11.) 
Impeachment,  See  Impeachment. 
Non-Judicial  Duties 

No    duties   or    functions   to   be   attached   by   law   to   judges 
except   as    provided    in    constitution.       (La.    96.) 
'Number 

As  provided  by  law.      (111.  VI  11.) 
Three.     (La.  99.) 

Three  unless  otherwise  provided  by  law.     (Ga.  VI  Sec.  II  9.) 
Three  for  each   district    (three  districts).      (Cal.  VI  4.) 
Three  in  each  district    (number  of  districts  fixed  by  law). 

(Ohio   IV  6.) 


Index  Digest  431 


COURTS   (Cont'd) 

Intermediate  Courts  of  Appeal   (Cont'd) 
Judges    (Cont'd) 

Number   (Cont'd) 

Five;  chief  justice  and  four  associates;  number  of  associates 
may  be  increased  or  decreased  by  law  but  never  less  than 

two.     (N.J.  VI  Sec.  V  1.) 
Seven  in  first  department ;  five  in  each  of  three  other  depart- 
ments.    (N.Y.  VI  2.) 
If   presiding  judge  certifies  to  governor  that  one  or  more 
additional   judges   are  needed   for    speedy   disposition   of 
business,   governor   to   appoint   additional   members   from 
general  trial  courts.      (N.Y.  VI  2.) 
Power  to  Act  in  Other  Courts 

No  judge  within  own  department  to  exercise  powers  of  judge 
of  general  trial  court  other  than  those  of  a  judge  of  court 
and  those  pertaining  to  his  own  court  or  to  hearing  and 
decision  of  motions  submitted  by  consent  of  counsel,  but 
when  not  actually  engaged/  in  performing  duties  of  court 
in  department  to  which  designated,  may  hold  any  term 
of  the  general  trial  court  and  exercise  powers  of  judge  of 
that  court  in  any  county  or  judicial  district  in  any  other 

department.     (N.Y.  VI  2.) 
Ad  litem  appointment  to  highest  court,  See  above,  this  title, 
Highest  Court  —  Judges. 
Power  to  Act  in  Other  Districts 

Interchange  of  judges  from  one  district  to  another  when  a 
member  of  court  is  unable  to  attend  from  sickness  or  other 

cause.       (La.  100.) 
Competent  to  exercise  power  in  any  appellate  district;  chief 
justice  of  highest  court  may  assign  judge  to  any  county 
to  hold  court.     (Ohio  IV  6.) 
Prohibited  from  Sitting 

No  judge  to  sit  in  review  on  case  decided  by  him.      ( 111.  VI 

11.) 
No  more  than  five  to  sit  in  any  case  (five  is  the  total  mem- 
bership of  court  in  two  of  the  four  departments;   seven 
in   other   departments).      No   judge   to    sit   in    review   of 
decision  made  by  him  or  by  court  of  which  he  was  at  time 
a  sitting  member.      (N.Y.  VI  2,  3.) 
Chief  justice  of  highest  court  to  determine  disability  or  dis- 
qualification of  any  judge.      (Ohio  IV  6.) 
Qualifications 

Thirty  years  of  age.     (N.M.  VI  8.) 

Practiced  law  in  state  for  six  years.      (La.  99.) 

Admitted  to  practice  before  highest  court.      (Cal.  VI   23.) 

Practiced  law  three  years  in  state;  time  served  upon  bench 

of   any  general  trial  court  counted.      (N.M.  VI  8.) 
Learned  in  the  law.      (La.  99;  N.M.  VI  8.) 
Citizen  of  the  United  States.     (La.  99.) 
Elector  of  state.      (La.   99.) 


432  State  Constitutions 


COURTS    (  Cont'd) 

INTERMEDIATE  COURTS  OF  APPEAL  I  Cont'd) 

Judges    [Cont'd) 

Qualifications   {Cont'd) 

5ame  as  highest  court  except  as  otherwise  provided  in  con- 
stitution, and  until  otherwise  provided  by  law.      (Ga.  VI 

Sec.  II  5.) 

Resident  of  district  from  which  elected  or  appointed  for  at 
least  two  years  preceding.      (La.  99.) 

Majority  of   judges   in   each  department   to  be  residents   of 

department,      i  X.Y.  VI  2.) 
Rcmovol 

By  concurrent  resolution  of  both  houses  of  legislature;  two- 
thirds  vote  of  eaeh  house:  cause  entered  on  journal;  judge 
served  with  copy  of  complaint;  opportunity  to  defend; 
yeas  and  nays  entered  on  journal.     I  Cal.  VI  10.) 

By  governor  on  address  of  two-thirds  of  each  house  for  wil- 
ftil  neglect  of  duties,  incompetency,  habitual  drunkenness, 
oppression  in  office  or  other  reasonable  cause  which  shall 
not  be  sufficient  ground  for  impeachment ;  causes  entered 
at  length  in  address  and  entered  on  journal;  judge  notified 
and  admitted  to  defend  before  vote  taken:  yeas  and  nays 
entered  on  journal  of  each  house.      (Tex.  XV  S.) 

By  highest  court  for  cause  specified  in  constitution  insti- 
tuted by  attorney -general  or  district  attorney  at  their 
discretion,  or  when  directed  to  do  so  by  governor,  or  by 
information  and  written  request  of  25  citizens  and  tax- 
payers residing  in  district  over  which  judge  presides; 
suit  tried  after  citation  and  10  days  for  answering; 
pendency  of  suit  not  to  operate  a  suspension  of  office; 
if  acquitted  judgment  rendered  in  soJido  against  citizens 
signing  request:  if  convicted  shall  extend  not  only  to 
removal  from  office  and  disqualified  from  holding  any 
office  of  honor,  trust  or  profit,  but  also  from  practice  of 
law:  whether  convicted  or  acqun.i.eu,  nevertheless,  to  be 
liable  to  prosecution  according  to  law.  (La.  221.) 
Term  of  &0id8 

Five  years  or  unexpired  portion  of  term  if  less  than  five 
year-,  except  in  case  of  chief  justice.      I  X.Y.  VI  2.) 

Six  years  and  until  successors  are  qualified.  Those  first 
elected  to  hold  office  for  two.  four  ami  six  years  respec- 
tively: determination  by  lot  and  so  commissioned  by 
governor.     Ga.  VI   Sec.   II  9.) 

Six  years  until  otherwise  provided  by  law.     (Ohio  IV  6.) 

Seven  yeaTS.      ( X.L  VIT  Sec.  II  1.) 

Twelve  years.  After  election  of  1906  to  so  classify  them- 
selves by  lot  that  one  shall  go  out  at  end  of  four  years, 
another  at  end  of  eight  and  one  at  end  of  12  in  each 
district.  Classification  entered  on  minutes  of  court,  signed 
bv  three    judge*:    duplicate  filed   with  secretary  of  state, 

(Cal.   VI   4.) 


Index  J  >h;kst  433 


COURTS   (Cont'd) 

Intermediate  Courts  op  Appeal   (Cont'd) 
Judges   (Cont'd) 
Vacancies 

Filled  by  appointment  of  governor;    appointee  serves  until 

election.      (Cal.  VI  4.) 
Filled  by  appointment  of  governor  from  among  general  trial 

court  judges.      (N.Y.  VI  2.) 
Filled  by  appointment  of  governor  witb  advice,  and  consent 
of  senate;   appointee  serves  until  next  congressional  elec- 
tion.     (La.   100.) 
Filled   in   same  manner   as   provided   by   law   for   judges  of 
highest  court.      (Ga.  VI  Sec.  II  9.) 
Writs 

For  power  of  court,  See  below,  this  subdivision,  Writs. 
Each  of  judges  shall  have  power  to  issue  writs  of  habeas 
corpus  to  any  part  of  his  appellate  district  upon  petition 
by  or  on  behalf  of  any  person  held  in  actual  custody,  and 
may  make  such  writs  returnable  before  himself  or  district 
court  of  appeals  of  his  district  or  before  any  superior 
court   within    his    district   or    before   any    judge   thereof. 

(Cal.  VI  4.) 
Each  of  judges  shall  have  authority  to  issue  writs  of  man- 
damus, prohibition  and  certiorari,  in  aid  of  their  appellate 
jurisdiction.      (La.   105.) 
Shall  have  power  to  issue  writ  of  habeas  corpus  at  instance 
of   any  person   in   actual  custody  within   their  respective 

circuits.      (La.  104.) 
Judgments 

See  also  above,  this  subdivision.  Decisions. 

Final;  except  cases  under  federal  or  state  constitution,  cases 
of  felony  and  cases  of  which  court  has  original  jurisdiction 
(quo  warranto,  mandamus,  habeas  corpus,  prohibition,  pro- 
cedendo) ;  and  cases  of  public  or  general  interest  in  which 
highest  court  may  direct  that  record  be  certified  to  that  court. 

(Ohio  IV  6.) 
Final   upon   expiration    of    30   day-    after    pronouncement.    (Cal. 

VI   4.) 
Appeals  to  highest  court,  See  above,  this  title,  Highest  Court  — 

Jurisdiction'. 

Judicial  Districts 

Exclusive  of  parishes  whose  appeals  arc  returnable  to  court  of 
appeals  for  the  parish  of  Orleans,  state  divided  into  two  dis- 
tricts   called    circuits;    boundaries    specifically    set    forth    in 

constitution.  (La.  100.) 
Legislature  to  divide  state  Into  compact  territory;  bounded  by 
county  lines;  until  altered  by  law.  circuits  in  which  the  cir- 
cuit courts  are  now  held  to  constitute  tin-  appellate  districts; 
legislature  may  alter  number  of  districts  or  alter  boundaries, 
but  change  not  to  abridge  term  of  judge  then  in  office.     (Ohio 

IV  6.) 


434  State  Constitutions 

COURTS   (Cont'd) 

Intermediate  Courts  of  Atteal   (Cont'd) 
Judicial  Districts    (Cont'd) 

Legislature  to  divide  state  into  four  departments;  first  to  con- 
sist of  county  of  New  York;  others  bounded  by  county  lines, 
compact  and  of  equal  population  as  nearly  as  may  be;  once 
every  10  years  legislature  may  alter  the  judicial  departments 
but  without  increasing  the  number  thereof.  (N.Y.  VI  2.) 
Three;  boundaries  especially  designated  in  constitution;  by  order 
entered  in  minutes  highest  court  may  remove  one  or  more 
counties  from  one  district  to  another;  no  county  not  con- 
tiguous   to    another    district    added   to    such    district.       (Cal. 

VI  4.) 
Jurisdiction 

General  Provisions 

Appellate  jurisdiction  only,  except  as  provided  in  consti- 
tution. (La.  98.) 
Jurisdiction  now  exercised  by  general  trial  court  at  its 
general  terms  and  by  general  terms  of  the  court  of  com- 
mon pleas  for  the  city  and  county  of  New  York,  the  su- 
perior court  of  city  of  New  York,  the  superior  court  of 
Buffalo  and  the  city  of  Brooklyn,  and  such  additional 
jurisdiction   as  may  be  conferred  by  legislature.      (N.Y. 

VI  2.) 
Civil  and  probate,  of  which  civil  district  court  of  the  parish 
of  Orleans  or  the  general  trial  courts  throughout  the  state 
have  exclusive  original  jurisdiction  and  of  which  highest 
court  is  not  given  jurisdiction,  matter  in  dispute  or  fund 
to  be  distributed  not  to  exceed  $2,000  exclusive  of  in- 
terest; both  law  and  facts  reviewable.  (La.  98.) 
Appellate 

Criminal  cases  prosecuted  by  indictment  or  information  in 
court  of  record  except  where  judgment  of  death  rendered ; 
on  questions  of  law  alone  in  all.      (Cal.  VI  4.) 
Election  cases.      (Cal.  VI  4.) 
Eminent  domain.      (Cal.  VI  4.) 
Equity.     (Ohio  IV  6.) 
Forcible  and  unlawful  entry  and  detainer,   except   such  as 

arise  in  justices'  courts.      (Cal.  VI  4.) 
From  general  trial  courts  and  other  courts  as  provided  by 

law.     (Ill  VI  11.) 

From   general   trial   courts    and   superior   courts   and   other 

courts  of  record  within  the  district,  as  may  be  provided 

bylaw.     (Ohio  IV  6.) 
From  general  trial  courts;    cases  that  may  be  brought  by 

writ  of  error.     (N.J.  VI  Sec.  V  3.) 
From  general  trial  courts  in  all  cases  in  law;   demand  ex- 
clusive  of   interest   or   value  of   property   in   controversy 
amounts  to  $300  and  does  not  amount  to  $2,000.      (Cal. 

VI  4.) 


Index  Digest  t35 


COURTS   (Cont'd) 

Intermediate  Courts  of  Appeal   (Cont'd) 
Jurisdiction    (Cont'd) 
Appellate    (Condi) 

From  general  trial  courts  in  cases  at  law  and  in  equity 
where  jurisdiction  is  not  conferred  by  constitution  on 
highest  court.  (Ga.  VI  Sec.  II  5.) 
From  municipal  courts  of  Atlanta  and  Savannah  and  such 
other  like  courts  as  have  been  or  may  be  established  in 
other  cities  in  cases  at  law  and  in  equity  and  other  cases 
prescribed  by  law.  (Ga.  VI  Sec.  II  5.) 
Insolvency.     (Cal.  VI  4.) 

Nuisance;  actions  to  prevent  or  abate.     (Cal.  VI  4.) 
Special  proceedings  as  may  be  provided  by  law  except  cases 
in  which  appellate  jurisdiction  is  given  to  highest  court. 

(Cal.  VI  4.) 
Usurpation  of  office.     (Cal.  VI  4.) 
Writs,  See  below,  this  subdivision,  Writs. 
Kansas  City  Court  of  Appeals 

For  explanation  of  the  Missouri  system  of  intermediate  courts  of 
appeal,    See    below,    this    subdivision,    St.    Louis    Court    of 

Appeals. 
Judges 

Three  elected  by  qualified  voters  of  district;   compensation 
$3,500  per  annum,  to  be  paid  at  stated  times  out  of  state 
treasury.     (Mo.  VI  (Amend.  1884)  2,  10.) 
To  be  residents  of  the  territorial  appellate  district.      (Mo. 

VI    (Amend.    1884)    2.) 
Judicial  Districts 

Legislature   may   change   boundaries;    designating   districts 
by  numbers  or  otherwise.     (Mo.  VI   (Amend.  1884)   3.) 
Jurisdiction 

Same  as  St.  Louis  court  of  appeals;  coextensive  with  all 
counties  of  state  not  included  in  St.  Louis  court  of  ap- 
peals (subsequently  by  section  3926,  revised  statutes, 
Springfield  court  of  appeals  was  created  and  lines  of 
districts    changed    by    section    3928,    R.    S.).       (Mo.    VI 

(Amend.  1884)   2,  4.) 
Time  and  Place  of  Holding 

In  Kansas  City,  one  term  on  the  first  Monday  of  March  and 
one  on  the  first  Monday  of  October.      (Mo.  VI    (Amend. 

1884)    2,  9.) 
Name 

Appellate  courts.     (111.  VI  11.) 

Appellate  division  of  the  supreme  court.      (N.Y.  VI  2.) 
Court  of  appeals.      (Ga.  VI  Sec.  II  9;  La.  98;  Ohio  IV  6.) 
Supreme  court.     (N.J.  VI  Sec.  VI.) 
Non-Judicial  Duties 

No  duties  to  be  attached,  except  such  as  are  judicial,  except  such 
provided  in  constitution.      (La.  96.) 


436  State  Constitutions 

COURTS   (Cont'd) 

Intermediate  Courts  op  Appeal   (Cont'd) 
Procedure 

Highest  court  to  make  rules  and  regulate  procedure.      (Cal.  VI. 

4.) 
Rules  oi  practice  regulating  appeals  to  and  proceedings  in  high- 
est   court    shall    apply    so    far    as    applicable   until    otherwise 
provided.      (Cal.  VI  4;  La.  104.) 
Same  as  highest  court  except  as  otherwise  provided  in  consti- 
tution   (apparently  no  other   provision)    and  until  otherwise 
provided  by  law  so  far  as  applicable.      (Ga.  VI  Sec.  II  5.) 
All  cases  tried  on  the  original  records,  pleadings  and  evidence. 

(La.  103.) 
Time  and  place  for  return,  until  otherwise  provided  by  law,  to 

be  fixed  by  court.  (La.  100.) 
Writs  of  error  when  received  by  clerk  during  term  of  court  and 
before  docket  of  term  is,  by  order  of  court,  closed,  to  be  en- 
tered thereon,  and  when  received  at  any  other  time  to  be 
entered  on  docket  of  next  term,  and  stand  for  hearing  at  term 
for  which  so  entered,  under  such  rules  as  court  may  prescribe 
until  otherwise  provided  by  law.  (Ga.  VI  Sec.  II  5.) 
Quarters 

County  commissioners  of  county  to  make  provision.      (Ohio  IV 

6.) 

The  police  juries  of  the  various  parishes  of  the  state  in  which 

sessions   of   court   are   held   shall   provide   suitable  rooms   for 

holding   said   courts   so   as   not   to   interfere  with   sessions   of 

general  trial  and  other  courts.      (La.  100.) 

Quorum 

All   three   judges  necessary   for   transaction   of   business,   except 

that  done  at  chambers.      (Cal.  VI  4.) 
Four    ( out  of  seven  in  one  department  and  out  of  five  in  other 

three).      (N.Y.  VI  2.) 
Two  while  court  consists  of  three.      (Ga.  VI  Sec.  II  3.) 
Reporter 

Appointed  and  removed  from  office  by  court.      (N.Y.  VI  2.) 
Reporter  of  highest  court  to  act.      (Ga.  VI  Sec.  II  5.) 
St.  Louis  Court  of  Appeals 

(In  Missouri  tit  ice  intermediate  courts  of  appeal,  St.  Louis 
court' of  appnil,  Kansas  City  court  of  appeal  and  Springfield 
court  of  appeal.  The  first  two  established  by  the  constitution, 
the  third  established  by  the  legislature  with  constitutional 
consent.  Legislature  may  change  the  boundaries  and  names 
of  all  three  courts,  See  Missouri  VI  (Amend.  1S84)  3.) 
Clerks 

Clerk  of  highest  court  acts.      (Mo.  VI  IS.) 
Decisions 

Opinions  in   writing;    filed  with  and  become  part  of  record. 

(Mo.  VI  15.) 


L\DEX    IDlWEBU  |:'»7 


COURTS   (Cont'd) 

Intermediate  Courts  of  Ai*i>i  \l    i(<»if<l\ 
St.  Louis  Court  of  Appeals   (Cm, I'd) 
Decisions   (Cont'd) 

If  equally  divided  in  opinion,  no  judgment  entered;    parties 
to  cause  may  agree  upon  person  learned  in   law  as  special 
judge  to  sit  with  court  and  give  decision  as  one  of  judges; 
if  parties  cannot  agree  upon   special   judge,  court  to   ap- 
point.     (Mo.   VI    11.) 
Chief  Justice 

Judge  having  the  oldest  license  to  practice  law  in  state  to 

preside.      (Mo.  VI   16.) 
Judges 

To  consist  of  three  judges  elected  by  qualified  voters  of  dis- 
trict who  shall  hold  office  for  12  years.  Judges  to  be 
residents  of  district  and  to  possess  same  qualifications  as 
judges  of  highest  court.  To  receive  same  compensation 
as  provided  for  judges  of  circuit  court  of  St.  Louis  county 
and  paid  from  same  sources.  Compensation  not  to  be  in- 
creased nor  diminished  during  term  for  which  elected. 
Each  county  to  pay  proportional  part  of  same,  according 
to  its  taxable  property. 

Judges  to  be  conservators  of  peace  throughout  district.  At 
first  general  election  held  in  district  after  adoption  of 
constitution,  three  judges  to  be  elected  who  shall  deter- 
mine by.. lot  which  shall  serve  four,  eight  and  12  years 
and  certify  result  to  secretary  of  state.  Every  four  years 
thereafter  one  judge  to  be  elected.  Term  of  office  to  begin 
on  first  Monday  in  January  next  ensuing  election.      (Mo. 

VI  13,  14,  1G,  33.) 
Jurisdiction 

To  have  exclusive  jurisdiction  of  all  appeals  from  and  writs 
of  error  to  circuit  courts,  of  St.  Louis,  Lincoln  and  Warren 
counties  and  circuit  court  of  St.  Louis  county  in  special 
term  and  from  all  courts  of  record  having  criminal  juris- 
diction in  said  counties.      (Mo.  Yl  27. 1 

To  have  superintending  control  over  ali  inferior  courts  of 
record  in  counties  of  district.      (M<>.  VI   12.) 

Coextensive  with  city  of  St.  Louis  and  counties  of  St.  Louis, 
St.  Charles,  Lincoln  and  Warren.      (Mo.  VI  12.) 
Legislative  Power  Or*  / 

To  change  boundary,  name,  pecuniary  limits-  of  jurisdiction 
and  time  of  holding;  to  create  another  court  (this  has 
been   done).      (Mo.   VI    (Amend.    1884)    3.) 

Procedure 

Laws  relating  to  practice  of  highest  court  to  apply  so  far  as 

applicable.      1  Mo.   VI   15.) 
Cases   to   be   heard    :\i    expiration    of    15   days    from    filing 
of  transcript   in  office  of  clerk.      (Mo.  VI  20.) 


438  State  Constitutions 


COURTS   {Cont'd) 

Intermediate  Courts  of  Appeal   {Cont'd) 
St.  Louis  Court  of  Appeals   {Cont'd) 
Quorum 

Two    (out  of  three).      (Mo.  VI  14.) 
Time  and  Place  of  Holding 

Two  terms  at  St.  Louis;  beginning  on  first  Monday  of  March 

and  October.     (Mo.  VI  14.) 
Writs 

May  issue  writs  of  habeas  corpus,  quo  warranto,  mandamus, 
certiorari  and  other  original  remedial  writs,  and  hear  and 

determine  the  same.     (Mo.  VI  12.) 
Special  Organization  for  Baltimore 

Detailed  provisions.     (Md.  IV  27  et  seq.) 
Terms 

At  times  and  places  prescribed  by  law.     (111.  VI  11.) 
At  least  one  in  each  year  in  each  county  and  district  and  such 
other  terms  at  county  seat  in  district  as  judges  may  deter- 
mine.    (Ohio  IV  6.) 
Courts  to  be  in  session  at  places  specifically  designated  in  con- 
stitution until  cases  before  them  are  heard.     (La.  100.) 
Court   always   open;    first   district,    San   Francisco;    second,   Los 

Angeles;  third,  Sacramento.     (Cal.  VI  4.) 
Laws  relating  to  time  of  sitting  of  highest  court  apply  so  far  as 
possible  until  otherwise  provided  by  law;  to  sit  at  seat  of  gov- 
ernment  and   other    places   that  may   be   prescribed   by    law. 

(Ga.  VI  Sec.  II  5.) 
Justices  in  each  department  may  fix  times  and  places  for  hold- 
ing special  terms,  and  assign  justices   in  the  departments  to 
hold  such  terms;  or  may  make  rules  therefor.     (N.Y.  VI  2.) 
Transfer  of  Cases 

See  also  below,  this  title,  Trials — Change  of  Venue, 
Highest  court  may  order  cases  transferred  from  one  intermedi- 
ate  court   of    appeals   to    another;    order    to   be   made   before 
judgment  or  within  30  days  after  judgment.     (Cal.  VI  4.) 
Legislature  may  provide  for  transfer  from  one  court  to  another, 

or  to  highest  court.  (Mo.  VI  (Amend.  1884)  3.) 
When  one  department  unable  to  dispose  of  business  within  rea- 
sonable time,  majority  of  presiding  judges  of  the  several  de- 
partments at  meeting  called  by  presiding  judge  of  the  de- 
partment in  arrear,  may  transfer  pending  appeals  from  such 
department  to  any  other  department  for  hearing  and  determin,- 

ation.      (N.Y.  VI  2.) 

No  appeal  to  be  dismissed  for  reason  only  that  the  same  was  not 

taken  to  the  proper  court  but  case  transferred  to  proper  court 

upon  such  terms  as  to  costs  or  otherwise  as  may  be  just  and 

shall   be   proceeded   therein    as   if    regularly    appealed.       (Cal. 

VI  4.) 
To  highest  court,  See  above,  this  title,  Highest  Court  —  Juris- 
diction — Appellate. 


Index  Digest  439 


COURTS   {Cont'd) 

Intermediate  Courts  of  Appeal   (Cont'd) 
Writs 

Power  to  issue  writs  of  mandamus,  certiorari,  prohibition  and 
habeas  corpus,  and  all  other  writs  necessary  or  proper  to  the 
complete  exercise  of  their  appellate  jurisdiction.  (Cal.  VI  4.) 
Shall  have  authority  to  issue  writs  of  mandamus,  prohibition 
and  certiorari  in  aid  of  their  appellate  jurisdiction.  (La.  105.) 
Shall  have  power  to  issue  writs  of  habeas  corpus  at  instance  of 
any  person  in  actual  custody  within  their  respective  circuits. 

(La.  104.) 
Shall    have    original    jurisdiction    in    quo   warranto,    mandamus, 

habeas  corpus,  prohibition  and  procedendo.      (Ohio  IV  6.) 
For  power  of  judges,  See  above,  this  subdivision,  Judges  — Writs. 
Intermediate  Courts  of  Appeal  for  Civil  Cases  Only 
Clerks 

Appointed  by  court  in  same  manner  as  clerk  of  highest  court; 
compensation  as  prescribed  by  law.      (Tex.  V  6.) 
Establishment,  See  above,  this  title,  Establishment. 
Judges 

Compensation 

$3,500  per  annum  until  otherwise  provided  by  law.      (Tex. 

V  6.) 
Disqualified  to  Sit  in  Particular  Cases 

Court  to  certify  fact   to  governor  who   shall   immediately 
commission   requisite  number  of  persons  learned   in  law 
for  trial  and  determination  of  such  case.      (Tex.  V   11.) 
Hoiv  Selected 

Elected  by  qualified  voters  of  their  respective  districts   at 
general  election.      (Tex.  V  6.) 
Impeachment 

To  be  tried  by  senate.      (Tex.  XV  2.) 
Number 

Three,   a  chief   justice   and   two   associates,   in   each   of   the 
two  or  three  judicial  districts.      (Tex.  V  6.) 
Qualifications 

As  prescribed  for  judges  of  highest  court   (30  years;  citizen 
of  United  States   and  state;    practicing  lawyer  or  judge 
seven  years).      (Tex.  V  6.) 
Removal  from  Office 

By  governor  on  address  of  two-thirds  of  each  house  of  legis- 
lature for  wilful  neglect  of  duty,  incompetency,  habitual 
drunkenness,  oppression  in  office  or  other  reasonable  cause 
which  shall  not  be  sufficient  ground  for  impeachment  ; 
causes  of  such  a  removal  stated  at  length  in  address 
entered  on  journals;  judge  to  be  notified  and  admitted  to 
a  hearing  in  his  own  defense  before  any  vote  for  such 
address  shall  pass;  in  all  cases  vote  taken  by  yeas  and 
nays  and  entered  on  journals  of  each  house.     (Tex.  XV  8.) 


440  State  Constitutions 

COURTS   (Cont'd) 

Intermediate  Courts  of  Appeal  for  Civil  Cases  Only  [Cont'd) 
Judges   (Cont'd) 
Term  of  Office 

Six  years;  terms  end  at  different  times.     (Tex.  V  6.) 
Vacancies 

Filled   by    appointment    of   governor   until   next    succeeding 
general  election.      (Tex.  V  2S. ) 
Judicial  Districts 

Legislature   to   divide   state   into   not   less   than   two   nor   more 
than  three,  as  increase  of  population  and  business  may  require; 
one  court  in  each  district.      (Tex.  V   6.) 
Jurisdiction 
Appellate 

Civil,  of  which  the  general  trial  court  or  county  courts  have 
original  or   appellate  jurisdiction  under  such  restrictions 
and  regulations  as  may  be  provided  by  law.     (Tex.  V  6.) 
From  county  courts  in  civil  cases.     (Tex.  V  16.) 
Decisions  of  county  courts  and  general  trial  courts  to   be 
conclusive  on   all   questions   of   fact  brought  before  them 
on  appeal  or  error.      (Tex.  V  6.) 
Original 

As  prescribed  by  law.      (Tex.  V  6.) 
Time  and  Place  of  Holding 

As  prescribed  by  law.     ( Tex.  V  6. ) 
Intermediate  Courts  of  Appeal  for  Criminal  Cases  Only 
Clerks 

How  Selected 

One  appointed  by  court  for  each  place  where  it  may  sit,  for 
term  of  four  years;  to  give  bond  as  prescribed  by  law; 
removed  by  i  court   for  good  cause ;    entered  of  record   on 

minutes.      (Tex.  V  5.) 
Decisions 

Two  out  of  three  necessary  to  render.      (Tex.  V  4.) 
Establishment,.  See  above,  this  title,  Establishment. 
Judges 

Compensation 

Same  as  judges  of  highest  court    ($4,000  per  annum  until 
otherwise  provided  by  law).      (Tex.  V  4.) 
Disqualified  to  Sit  in  Particular  Cases 

Court   to   certify   fact   to  governor   who   shall    immediately 
commission    requisite   number   of   persons   learned   in   law 
for  trial  and  determination  of  such  case.      (Tex.  V   11.) 
Eoio  Selected 

Elected  by  qualified  voters  of  the  state  at  general  election. 

(Tex.  V  4.) 
Impeachment 

To  be  tried  by  senate.     (Tex.  XV  2.) 
Number 

Three.      (Tex.  V  3.) 


Index  Digest  441 


COURTS   (Cont'd) 

Intermediate  Courts  of  Appeal  for  Criminal  Case*  Oxly  (Cont'd) 
Judges   (Cont'd) 

Qtt<lliliciltl(iHS 

Name  as  that   of  judges  of  highest  court   (citizen  of  United 
States   and   state;    30   years;    practicing   lawyer   or  judge 
seven  years).     (Tex.  V  4.) 
Term  of  Office 

Six  years,  terms  to  end  at  different  times.     (Tex.  V  4.) 
Vacancies 

Filled    by   appointment   of   governor   until    next   succeeding 
general    election;    successor    elected    for    unexpired    term. 

(Tex.  V  4.) 
Jurisdiction 
Appellate 

Criminal  cases  of  whatever  grade  with  such  exceptions  and 
under    such    regulations    as    may    be    prescribed    by    law. 

(Tex.  V  5.) 
From  county  courts.      (Tex.  V  16.) 

From  general  trial  courts  for  criminal  cases  only  when  such 
court  is  established.      (Tex.  V   16.) 
General  Provisions 

To  have  power  upon  affidavits  or  otherwise  to  ascertain  such 
matters  of   fact   as  may  be  necessary  to  the  exercise   of 

jurisdiction.      (Tex.  V  5.) 
Territorial  Extent 

Coextensive  with  state.      (Tex.  V  5.) 
Quorum 

Two    (out  of   three).      (Tex.  V  4.) 
Time  and  Place  of  Holding 

Shall  sit  for  the  transaction  of  business  from  the  first  Monday 
in  October  until  the  last  Saturday  of  June  in  each  year  at 
state  capitol  and  two  other  places,  or  capital  city  if  legislature 

so  provide.      (Tex.  V  5.) 
Writs 

Court  and  judges  may  issue  writs  of  habeas  corpus  and.  under 
regulations  prescribed  by  law.  issue  writs  necessary  to  enforce 

own   jurisdiction.      I  Tex.  V  5.) 
Judges 

See  also  below,  this  title.  .TrmciAL  Officers. 

Of  a  particular  court.  See  tiiron<ihout   this   title. 

In  Delairare.  See  also  above,  this  title,  Associate  Judges  of  State. 

Ad  Litem  Appointees 

Legislature  may  by  general  laws  make  provision  that  special 
judges  may  be  appointed  to  hold  any  court  judge  of  which 
is    unable   or    fails   to   sit,   or    to   hear    cause    in    which    judge 

incompetent.     (Tenn.  V!  11.) 
If   any   or   all    judges   disqualified    or   otherwise    prevented    from 
presiding,  court  or  justices  to  certify  fact   to  governor;   gov- 
ernor   shall    commission    specially,    requisite    number    of    men 
learned  in  the  law  for  trial  of  cause.     (S.C.  V  I 


442  State  Constitutions 

COURTS   (Cont'd) 

Judges  (Cont'd) 

Ad  Litem  Appointees    (Cont'd) 

Disqualification  of  judge  of  inferior  tribunal  to  be  remedied  a3 

prescribed  by  law.     (Tex.  V  11.) 

For  change  of  venue  when  judges  disqualified,  See  below,  this 

title,  Tbials. 
Commissions 

Shall  be  commissioned  by  governor.     (Va.  VT  102;  W.Va.  VIII 

16.) 

Compensation 

Amount 

As  provided  by  law.      (Ore.  VII  1;   Tenn.  VI  7.) 
As  provided  by  law;  consistent  with  constitution.     (Va.  VI 

102.) 
Judges  of  courts  of  record,  except  probate  courts,  to  receive 

compensation  at  stated  times.     (Ala.  VI  150.) 
Judges  of  courts  of  record  receiving  a  salary  to  receive,  at 
stated  times,  compensation  prescribed  by  law.      (Mo.  VI 

33.) 
Judges  required  to  be  learned  in  the  law ;  to  receive  adequate 
compensation  fixed  by  law.      (Pa.  V   18.) 
Increase  or  Decrease 

Prohibited   during  term   for  which   elected.      (Tenn.   VI   7; 

Va.  VI  102.) 
Prohibited  during  term  for  which  elected,  in  case  of  judges 

of  courts  of  record  receiving  a  salary.     (Mo.  VI  33.) 
Decrease  prohibited  during  term  for  which  elected.      (Ariz. 

VI  24;  Ore.  VII  1.) 

Decrease  during  official  term  prohibited,  in  case  of  judges 

of  courts  of  record,  except  probate  courts.     (Ala.  VI  150.) 

Decrease  of  salary  prohibited   during  continuance  in  office. 

(NX.  IV  18.) 
No  judge  to  be  affected  in  his  salary  during  period  for  which 
elected  or  appointed.  Legislation  so  affecting  judge  or 
court  to  take  effect  only  at  end  of  term  of  office,  but  this 
provision  not  to  affect  provisions  of  constitution  relative 
to  impeachment  or  removal.  (La.  114.) 
Fees  and  Perquisites 

Fees  and  perquisites  prohibited.      (Tenn.  VI  7.) 
No  fees,  perquisites,  commissions  or  reward  to  be  allowed 
besides  annual  salary,  for  discharge  of  official  duty.     (Md. 

IV  6,  D.Pv.  33.) 
Fees  and  perquisites  prohibited,  in  case  of  judges  of  courts 

of  record,  except  probate  courts.     (Ala.  VI  150.) 
Judges  required  to  be  learned  in  the  law;    not  to  receive 
compensation,  fee  or  perquisite,  other  than   salary,   from 

any  source.      (Pa.  V  18.) 

No   common    carrier,   under   heavy   penalty   to   be   fixed   by 

assembly,  shall  give  free  passes  or  reduced  rates  to  any 

judge,   and  judge  accepting  free   passes  or   reduced   rates 

not  common  to  public  shall  forfeit  his  office.      (Ky.  197.) 


Index  Digest  443 


COURTS   (Cont'd) 
Judges  (Cont'd) 

Compensation  (Cont'd) 
Hoio  Payable 

By  state  in  case  of  judges  required  to  be  learned  in  the  law. 

(Pa.  V  18.) 
Legislature   shall   impose   a   tax   on   civil    suits   commenced 
in  municipal,  inferior  or  circuit  courts,  which  shall  con- 
stitute a  fund  to  be  applied  toward  the  payment  of  judges' 

salaries.  (Wis.  VII  18.) 
Legislature  to  provide  by  law  that  upon  institution  of  each 
civil  action  and  other  proceedings  and  upon  perfecting 
each  appeal  in  civil  action  or  proceeding  in  courts  of 
record,  a  special  fee  be  paid  to  clerk  of  court;  to  be 
accounted  for  by  clerk  and  to  constitute  fund  toward  pay- 
ment of  compensation  of  judges,  as  directed  by  law.     ( Xev. 

VI  16.) 
Retired  Judges 

Legislature  to  provide  by  proper  appropriation  for  salaries 
of  retired  judges  in  same  manner  as  it  provides  for  other 
judicial  expenses.      (La.  86.) 
Conservator  of  Peace 

To  be  throughout  state.      (Del.  XV  1;  La.  90;  Md.  IV  6;  Okla. 

VII  19;   S.C.  V  11;  Tex.  V  12.) 
Dual  Office  Holding 

Ineligible   to   legislature.      (Ark.    V   7;    111.    IV   3;    Me.    IX    2; 

Mass.  Amend.  VIII;   X.D.   II   37.) 
Ineligible  to  legislature  during  term  for  which  elected.      (Tex. 

Ill  19.) 

Xot  to  be  entitled  to  seat  in  legislature  and  upon  election  and 

taking,    office   of   judge   to   be   vacant.      (X.J.    IV   Sec.    V   3; 

Va.   IV  44.) 

Xot  to  hold  office  of  governor,  have  seat  in  legislature  or  council, 

and  being  chosen  and  appointed  to  and  accepting  office  of  judge 

shall  operate  as  a  resignation  from  governorship,  legislature 

or  council.      (X.1I.  II  94.) 

Ineligible   to   legislature    (not   applicable   to    justices   of   peace). 

Xot  to  hold  any  office  of  trust  or  profit  under  state  or  United 

States.     (Tenn.  TI  26,  VI  7.) 

Xot  to  hold   any  office,   civil   or   military   or   political   trust,  or 

employment  of  any  kind  whatever,  under  constitution  or  law3 

of  state,  or  of  United  States,  or  any  of  them.      (Md.  D.R.  33.) 

Xot  to  hold  any  office  of  trust  or  profit  under  state  or  any  other 

government:   acceptance  of  vacates  office;   during  continuance 

in  office  not  eligible  to  any  political  office.      (W.Va.  VTII  16.) 

All   judges  required  to  be  learned   in  law  not  to  hold  any  other 

office  of  profit  under  United   States,   this  state  or  any  other 

state.     (Jfa.  V  18.) 
Xo  judge  after  election  and  engagement  to  accept  any  appoint- 
ment under  any  other  government;  acceptance  to  vacate  office, 


444  State  Constitutions 

COURTS    (Cont'd) 
Judges  (Cont'd) 

Dual  Office  Holding    (Cont'd) 

not  to  apply  to  any  person  appointed  to  take  depositions  or 
acknowledgment  of  deeds,  or  other  legal  instruments,  by  author- 
ity of  any  other  state  or  country.     (R.I.  IX  6.) 
Judges   of  courts   of   record  except  probate  courts  not  to  hold 
any  offiee,  except  judicial  offices,  of  profit  or  trust  under  state 
or  United  States,   or  any  other  government,  during  time  for 
which  elected  or  appointed.      (Ala.  VI   150.) 
Not  to  hold  office  in  legislature..     (N.D.  II  37.) 
Not  to  hold  office  of  attorney-general,  county  attorney,  treasurer 
of  state,  adjutant-general,  judge  of  probate,  register  of  probate, 
register  of  deeds,  sheriff  or  deputy,  clerk  of  judicial  court.     If 
seat  in  Congress  of  United  States  is  accepted,  office  is  vacated. 

(Me.  IX  2.) 

Not  to  hold  office  of  governor,  lieutenant-governor  or  councillor 

(except  judge  of  court  of  sessions)  ;  shall  not  continue  to  hold 

office  after  election  to  Congress  of  United  States  and  accepting 

that   trust;    acceptance   of   trust   deemed   and   taken   to   be   a 

resignation  of  office.     (Mass.  Amend.  VIII.) 

Election 

As  to  whether  elected  or  appointed,  See  beloic,  this  subdivision, 

How  Selected. 

At    general    election    on    Tuesday    after    the    first    Monday    in 

November    and    in    city    of    Baltimore,    fourth    Wednesday    of 

October.      (Md.  IV  5.) 

All  judges  elected  by  electors  of  state  at  large,  may  be  elected  at 

either   general    or    municipal   election    as    circumstances    may 

require.      (Pa.  VIII  3.) 
Until  otherwise  provided  by  law.  shall  be  held  and  the  poll  books 
returned  as  is  pr6vided  for  governor,  abstract  certified  to  secre- 
tary of  state,  shall  be  by  him  opened  in  presence  of  governor, 
who    shall   declare   result    and    issue   commissions   to   persons 

elected.     (Ohio  Sched.  15.) 
No  election  at  any  general  election  for  state  or  county  officers, 

or  within  30  days  before  or  after.      (Wis.  VII  9.) 
Legislature  may  provide  for  election  of  all  judges  of  general  or 
appellate  jurisdiction  by  an  election  to  be  held  for  such  officers 

only.      (Tnd.  II  14.) 
Judges  of  courts  of  record  elected  as  provided  by  law;  in  case  of 
tie  or  contest  determination  as  provided  by  law.     (Mo.  VI  30.) 
How  Selected 

Elected  by  epia  lined  voters  of  state  or  their  respective  districts. 

(Ore.  VII  1.) 

Judges  of  inferior  courts  established  by  legislature  appointed  by 

governor    with    consent    of    majority    of    all    members    elected 

to  senate.      (Del.  IV  32.) 
Elected  by  qualified  voters  of  district.      (Md.  IV  3.) 
All  judges  Other  than  those  provided  for  in  constitution  elected 
by  qualified  voters  of  district.      (Minn.  VI  9;  Ohio  IV  10.) 


Ixdex  Digest  4:1-75 


COURTS   (Cont'd) 
Judges  (Cont'd) 

How  Selected   (Cont'd) 

Judges  of  inferior  courts  elected  by  qualified  voters  of  district 

or  circuit.     (Tenn.  VI  4.) 
Judges  of  inferior  courts  elected  by  qualified  electors  of  juris- 
diction.    (Wis.  VII  2.) 
Judges  of  Inferior  courts  established  by  law  elected  as  provided 

by  law.     (N.C.  IV  30.) 
Judges   of   inferior   courts   established   by   law   to   be   elected   or 

appointed  as  provided  by  law.      (Ala.  VI   153.) 
Judges  required  to  be  learned  in  law    I  except  judges  of  highest 
court)   elected  by  qualified  electors  of  districts  over  which  they 

are  to  preside.      (Pa.  V  13.) 
District   court  justices  may  be  elected  in  cities   in  manner  and 
with   power   prescribed  by   law.      (X.Y.   VI    17. 
Impeachment,  See  Impeachment. 
Number 

Xot  more  than  five  members-  of  court.  Inferior  to  highest  court, 

established  by  legislature.     (Ala.  VI  13'.'. 
Of  judges  of  inferior  courts  to  be  prescribed  by  law.      (Cal.  VI 

11.) 
Change  by  legislature  in  number  of  judges  not  to  work  removal 

of  any  judge.     (Ariz.  VI  24.) 
Oath  of  Office 

Take  and  subscribe  form  prescribed;  affirmation  allowed.     (Mass. 

Pt.  II  Ch.  VI  2;   Miss.  VI   155.) 
To  be  bound  by   oath   or  affirmation  to   support  constitution  of 

United  States.      (R.I.  IX  4.) 

Additional   to   that  taken   by   officers   generally :   must  take  oath 

not  to  receive  profits  of  any  other  office  during  term  of  acting 

as  judge.      ( Md.  I  6.) 
Power  of  Appointment 

Xone  except  as  provided  in  constitution.      i  W.\"a.  VI   40.) 
Xo    person    related    to    any    judge    by    affinity    or    consanguinity 
within  degree  of  first  cousin  to  be  a]. pointed  or  employed  by 
judge   or   court    in   any   office   or   duty   in   any   court    of   which 
said  judge  a  member.     (Utah  VI II  15.) 
Powers  at  Chambers 

Those  prescribed  by  law.      (Ohio  Iv    Iv 

As  provided  by  law  in  case  of  judges  of  courts  of  record.       Kan. 

Ill  16;  Nebr.  VI  23.) 
Prohibited  from  Presiding 

Either   party  connected   with   him   by   consanguinity   or   affinity. 

except  by  consent  of  both  parties.      (Miss.  VI    165.) 
Either    party    connected   with    him   by   consanguinity    or   affinity 

within  degree  of  first  cousin.      (N.M.  VI   18.) 
Either   party    connected   with    him   by   consanguinity   or   affinity 
within   degree  pffeseribsd   by   law.      i  Ark.   VII    20;    Md.   IN'    7: 
S.D.  V  6;  Tenn.  VI  11;   Tex.  V  11.) 


446  State  Constitutions 


COURTS   (Cont'd) 
Judges  (Cont'd) 

Prohibited  from  Presiding  (Cont'd) 

Has  been  counsel  in  case.     (Ark.  VII  20;  Md.  IV  7;  KM.  VI  18.) 

S.C.  V  6;  Tenn.  VI  11;  Tex.  V  11.) 
Has  presided  in  case  in  inferior  court.      (Ark.  VII  20;  N.M.  VI 

IS;  S.C.  V  6;  Tenn.  VI  11.) 
Interested  in  case.      (Ark.  VII  20;  Md.  IV  7;  N.M.  VI  18;  S.C. 

V  6;  Tenn.  VI  11;  Tex.  V  11.) 

Validity   of  bond,   federal,   state,  corporation   or  municipality  is 

involved,   judge  holds  in   his   own   right,   or  as  representative 

of   others,   any   material   interest   in  the   class  of  bonds  upon 

which  the  question  to  be  decided  arises.      (Ga.  VI  Sec.  II  3.) 

Disqualified  judge  may  preside  with  consent  of  all  parties.    (Tenn. 

VI  11.) 
Ad  litem  appointees,  See  above,  this  subdivision,  Ad  Litem  Ap- 
pointees. 
Prohibitions  on  Practice  of  Law 

Shall  not  practice  profession  of  law.      (W.Va.  VIII   16.) 
Shall  not  act  as  attorney  or  be  of  counsel  or  originate  any  civil 
suit  in  matters  which  shall  come  or  be  brought  before  him  as 

judge.     (N.H.  II  78.) 
Judges  of  courts  of  record  not  to  practice  in  any  court  of  state 

or  United  States.      (Ala.  VI  162.) 

Judges  of  courts  of  record  not  to  practice  in  any  court  in  6tate 

during  continuance  in  office.      (Ariz.  VI  12;  Cal.  VI  22;  Wash. 

IV  19.) 
Qualifications 
Age 

At  least  30  years  of  age  at  beginning  of  term  of  service. 

(W.Va.  IV  4.) 
At  least  30  years  of   age  at  time  of  election  or  appoint- 
ment,    (Md.  IV  2.) 
Thirty  years  for  judges  of  inferior  courts.      (Tenn.  VI  4.) 
Twenty-five  years  for  judges  of  courts  of  record.      (Ala.  VI 

154.) 
Attorney 

Admitted  to  practice  in  state.  (Md.  IV  2.) 
Whenever  constitution  requires  a  previous  practice  for  term 
of  years,  there  shall  be  included  in  such  term  the  time 
the  judge  occupied  the  bench  of  any  court  of  record  in  this 
state,  provided  he  shall  be  a  licensed  attorney  five  years 
before  election  or  appointment.  (La.  113.) 
Character 

To  be  selected  from  those  most  distinguished  for  integrity. 

(Md.  IV  2.) 
Citizenship 

Citizen  of  state.      (Md.  IV  2.) 

Citizen  of  state  for  five  years  next  preceding  election  or  ap- 
pointment.    (W.Va.  IV  4.) 


Index  Digest  447 


COURTS   (Cont'd) 
Judges  (Cont'd) 

Qualifications    (Cont'd) 
Citizenship  (Cont'd) 

Citizen  of  United  States  and  of  state  for  five  years  preced- 
ing election  or  appointment,  in  case  of  judges  of  courts  of 

record.     (Ala.  VI  154.) 
Educational 

To  be  selected  from  those  who  are  most  distinguished  for 

wisdom  and  sound  legal  knowledge.      (Md.  IV  2.) 
Learned   in  the  law,  in   case  of  judges  of  courts  of  record, 
except  judges  of  probate.      (Ala.  VI  154.) 
Electoral 

Qualified  voters.      (Md.  IV  2.) 
Political 

No  more  than  three  or  five  law  judges  of  state  in  office  at 
same  time  shall  have  been  appointed  from  same  political 

party.      (Del.  IV  3.) 
Residence 

In    state   five   years,   and   six   months   next   preceding  their 

election  or  appointment  in  district.      (Md.  IV  2.) 
Judges  of  inferior  courts,  before  election  five  years  in  state 
and  one  year  in  circuit  or  district.      (Tenn.  VI  4.) 
Re-election 

Re-eligible  at  end  of  term  if  not  70  years  old.     (Md.  IV  3.) 
Removal 
Grounds 

Not  to  be  removed,  except  for  causes  provided  in  constitu- 
tion.    (Md.  D.R.  33.) 
Age,   disease,   mental   or   bodily    infirmity   or   intemperance, 
making    them    incapable    of    discharging    duties.       (W.Va. 

VIII  17.) 
Cause.      (111.  VI  30;   Ohio  IV  17.) 

Conviction  of  corruption  or  other  high  crime.     ( Ind.  VII  12. ) 

Conviction  in  court  of  law  of  incompetency,  wilful  neglect 

of  duties,  misbehavior  in  office  or  any  other  crime.      (Md. 

IV  4.) 

Inability   to   discharge   duties   with   efficiency   by   reason    of 

continued  sickness  or  physical  or  mental  infirmity.      (Md. 

IV  3.) 
Mental  or  physical  disability.     (Va.  VI  104.) 
Reasonable   cause   not   sufficient   for   impeachment.      (Mich. 

IX  6;  Miss.  IV  53.) 

Reasonable  cause  not  sufficient  ground  for  impeachment,  in 

case  of  judges  required  to  be  learned  in  the  law,  except 

judges  of  highest  court.     (Pa.  V  15.) 

Incompetency,    corruption,    malfeasance    or    delinquency    in 

office,  other  sufficient  cause,  in  case  of  judges  of  courts  of 

record.     (Wash.  IV  0.) 


448  State  Constitutions 


COURTS   (Cont'd) 
Judges  (Cont'd) 

Removal   (Cont'd) 
Grounds  (Cont'd) 

Inability  to  discharge  duties  of  office  with  efficiency  by 
reason  of  continued  sickness  or  physical  or  mental  in- 
firmity,  in  case  of  judges  of  courts  of  record.      (Mo.  VI 

41.) 

High  crimes  and  misdemeanors,  non-feasance  or  malfeasance 
in  office,  incompetency,  corruption,  favoritism,  extortion 
or  oppression  in  office,  gross  misconduct  or  habitual 
drunkenness,  in   case  of   judges  of  inferior  courts.      (La. 

222,  217.) 

Cause,   in   case  of  judges  of   inferior   courts  not  of  record. 

(N.Y.  VI  17.) 
Method 

Impeachment,  See  Impeachment. 

Not  to  be  removed  except  in  manner  provided  in  constitu- 
tion.     (Md.  D.R.   33.) 

By  governor,  on  conviction  in  court.     (Md.  IV  4.) 

By  governor  upon  address  of  legislature.  (Md.  IV  4;  Mich. 
IX  6;  Miss.  IV  53;  N.H,  II  72.) 

By  governor  on  address  of  legislature,  in  case  of  judges  re- 
quired to  be  learned  in  the  law,  except  judges,  of  highest 

court.     (Pa.  V  15.) 

By  legislature.  (111.  VI  30;  Ohio  IV  17;  Tenn.  VI  6;  Utah 
VIII   11;   Va.  VI  104;   W.Va.  VIII   17.) 

By  legislature  in  case  of  judges  of  courts  of  record.     (Wash. 

IV  9.) 

By  legislature,  with  approval  of  governor,  if  judge  unable 
to  perform  duties.    (Md.  IV  3.) 

By  legislature,  with  approval  of  governor,  in  case  of  judges 
of  courts-  of  record.      (Mo.  VI  41.) 

On  information  in  name  of  state,  by  highest  court,  or  in 
other  manner  prescribed  by  law.      (Ind.  VII  12.) 

By  general  trial  court  of  domicile,  in  case  of  judges  of 
inferior   courts.      (La.   222.) 

By   such   courts   as   may  be   prescribed  by   law,   in   case  of 
judges  of  inferior  courts  not  of  record.     (N.Y.  VI  17.) 
Vote  Required 

Three-fourths  of  members  elected  to  each  house.     (111.  VI  30. ) 

Three-fourths  of  members  elected  to  each  house  in  case  of 
judges  of  courts  of  record.      (Wash.  IV  9.) 

Two-thirds  of  members  elected  to  each  house.  (Md.  IV  3; 
Tenn.  VI  6;  Utah  VIII  11;  Va.  VI  104;  W.Va.  VIII  17.) 

Two-thirds  of  each  house.      (Md.  IV  4;   Mich.  IX  6;  Miss. 

IV  53;  Ohio  IV  17.) 

Two-thirds  of  each  house  in  case  of  judges  required  to  be 
learned  in  the  law.     (Pa.  V  15.) 

Two-thirds  of  members  of  each  house,  in  case  of  judges  of 
courts  of  record.      (Mo.  VI  41.) 


!  \  !»l ■  X    I  >IGEST  44-0 


COURTS    [Cont'd) 

Jcdges  (Cont'd) 

Removal   (Cont'd) 
Formalities 

Xotice  to  be  given.      (Md.  IV  4;   Mi-.   IV  #£;    Mo.  VI   41; 

X.  Y.  VI  17;  Ohio  IV  17.' 
InciiiiilicTii   t<>  have  notice  and  copy  of  complaint   a1   Least  10 
days  before  day  on  which  either  hoUSe  shall  act.      (Tenn. 

VI  (J;   1'tali  XIII   11.) 

Incumbent    to    be    served    wiih    copy   of   complaint   at   least 

20    days    before   day    on    which    either    ftbtise    acts.       (Ya. 

VI  104;  W.Va.  VIII  17.) 
Incumbent  to  be  served  with  copy  of  charges.      (Wash.    IV 

9.) 
Incumbent  to  have  opportunity  to  be  heard.      (Md.  IV  4; 

X.Y.  YI  17;  Ohio  IV  17;  Wash.  IV  9.) 
Incumbent  to  have  opportunity  to  be  heard  in  person  or  by 

counsel.     (Miss.  IV  53.) 
Incumbent  to  have  right  to  be  heard  in  his  defense  in  man- 
ner prescribed  by  law.      (Mo.  VI  41.) 
Yeas   and   nays   entered   on   journals.      (Tenn.   VI   6;    Utah 

VIII  11;  Wash.  IV  9.) 
Causes   entered    on    journals.      (111.    VI    30;    Miss.    IV   53; 
Mo.  VI  41;  Ohio  IV  17;  Tenn.  VI  6;  Utah  VIII  11;  Va. 

VI  104;  W.Va.  VIII  17.) 
Causes  entered  at  length  on  journals.      (Mich.  IX  6.) 
Causes  stated  in  resolution  and  resolution  entered  at  length 

on  journals.  (Wash.  IV  9.) 
Suit  instituted  by  district  attorney,  on  own  motion  or  on 
written  request  and  information  of  25  resident  citizens 
and  taxpayers.  Defendant,  the  state,  citizens  and 
taxpayers  on  whose  information  and  at  whose  request 
such  suits  brought,  may  appeal  both  on  law  and  facts 
from  judgment  of  court  to  intermediate  court  of  appeals. 
In  ease  of  acquittal,  judgment  rendered  jointly  and  ui 
solido  against  citizens  signing  request  for  all  costs  of  suit. 
Appeals  returnable  within  10  days  and  may  ho  trans- 
ferred to  another  parish  within  circuit  and  to  have  prefer- 
ence over  all  other  eases.  If  district  attorney  or  attorm 
general  fails  to  institute  and  prosecute  suit,  citizens  and 
taxpayers  making  request  may  mandamus  him.  Pendency 
of   suits  not   to  operate  as  suspension  of  defendant  from 

office.     (La.  222.) 
Residence 

Whenever  a  judge  shall  remove  beyond  the  limits  of  jurisdiction 
for    which    elected    to    lie    deemed    to    have    vacate]    his    office. 

i  Mich.    VII    19.) 
Judges,  other  than  of  highest  court,  to  reside,  during  continu 
in  office,  within  districts  for  which  elected.      (Pa.  A"   19.) 

15 


450  State  Constitutions 

COURTS   (Cont'd) 
Judges  (Cont'd) 

Retirement  on  Account  of  Age 

On  reaching  70.      (Conn.  V  3;   N.H.  II  77.) 

On   the    last   day    of    December    next    after    reaching    70   years. 

(N.Y.  VI   12.) 
On    reaching    70;    unless    legislature    see    fit    to    continue    him 
for  rest  of  his  term.     (Md.  IV  3.) 
Term  of  Office 

During  good  behavior.     (Mass.  Pt.  I  29;  N.H.  II  72.) 
Those  not  provided  for  in  constitution,  no  longer  than  five  years. 

(Ohio  IV   10.) 
Six  years.      (Ore.  VII   1.) 
Those  not  provided   for   in   constitution,   no   longer   than   seven 

years.      (Minn.  VI  9.) 
Judges  of  inferior  courts,  eight  years.      (Tenn.  VI  4.) 
Not  to  exceed  eight  years  in  case  of  judges  of  inferior  courts 

established  by  legislature.      (N.C.  IV  30.) 
Ten  years  if  behavior  is  good,  in  case  of  judges  required  to  be 
learned  in  the  law   (except  judges  of  highest  court).      (Pa.  V 

15.) 
Fifteen  years  from  time  of  election  and  until  successors  elected 

and  qualified.     (Md.  IV  3.) 
As  fixed  by  law,  in  case  of  judges  of  courts  established  by  legis- 
lature.    (Del.  IV  32.) 
Of  judges  of  inferior  courts  not  to  be  longer  than  that  of  judges 

of  general  trial  court.      (Wis.  VII  2.) 
District  court  justices  elected  in  cities  for  terms  prescribed  by 

law.     (N.Y.  VI  17.) 
Begins  1st  day  of  February  after  election.     (Va.  VI  102.) 
Begins  first  Monday  of  January  after  election,  in  case  of  judges 

of  courts  of  record.  (Mich.  XVI  1.) 
No  judge  to  be  affected  in  his  term  of  office  during  period  for 
which  elected  or  appointed.  Legislation  so  affecting  judge  or 
court  to  take  effect  only  at  end  of  term  of  office,  but  this  pro- 
vision not  to  affect  provisions  of  constitution  relative  to  im-> 
peachment  or  removal.  (La.  114.) 
Vacancies 

Filled   by   appointment   or   election   for   unexpired   term.      ( Fla. 

V  33.) 
Filled  by  election,  but  where  the  unexpired  term  does  not  exceed 

one  year,  by  appointment.     (111.  VI  32.) 
Filled  by  governor  until  successor  be  elected  and  qualified.     (Ind. 

V  18;  Ore.  V  16.) 

Filled  by  governor  until  successor  elected;    successor  elected  at 

election  for  members  of  legislature  for  unexpired  term.      (Md. 

IV  5.) 
Filled  by  governor,  in  case  of   judges  of  courts  of  record,  until 
successor  elected   and  qualified;    successor  to  hold   residue  of 
unexpired  term.      (Mich.  VII  20.) 


Index  Digest  451 


COURTS   (Cont'd) 
Judges  {Cont'd) 

Vacancies    {Cont'd) 

Filled  by  governor  until  successor  elected;   successor  elected  at 
first   annual   election   which   occurs   more   than   30  days   after 
the  vacancy.      (Minn.  VI  10.) 
Filled  as  provided  by  law,  in  case  of  judges  of  courts  of  record. 

(Mo.  VI  32.) 
Filled   by  governor   until   successor   elected  and  qualified;    such 
election    at   first   annual    election   that   occurs   more   than    30 
days  after  vacancy,  for  unexpired  term.      (Ohio  IV  13.) 
Filled  by  governor,  in  case  of  judges  of  courts  of  record,  until 
first  Monday  of  January  next  succeeding  first  general  election 
occurring  three  or  more  months  after  vacancy.      (Pa.  V  25.) 
Filled    by    elections    as    "herein    prescribed";    appointment   by 
governor   if   unexpired   term   does   not   exceed   one  year;    suc- 
cessor serves  for  unexpired  term.     (S.C.  V  11.) 
Filled  as  provided  by  law,  in  case  of  judges  of  inferior  courts. 

(Tex.  V  11.) 
Filled  by  legislature  for  unexpired  term.      (Va.  VI  102,  103.) 
Writs 

Judges  of  inferior  courts  of  law  or  equity  may  in  civil  cases  issue 
writs  of  certiorari  to  remove  any  cause  or  transcript  of  record 
from  any  inferior  jurisdiction  into  such  "  court  of  law  "  on 
sufficient  cause,  supported  by  oath  or  affirmation.      (Tenn.  VI 

10.) 

JUDGMENTS 

See  also  above,  this  title,  Decisions. 

Of  a.  pa/rticula/r  class  of  courts,  See  throughout  this  title. 

Force  and  effect  in  case  of  all  courts  of  same  class  or  grade,  so  far 
as  regulated  by  law,  to  be  uniform.  (Colo.  VI  28;  Ida.  V  26;  111. 
VI  29;  Nebr.  VI  19;  Pa.  V  26;   S.D.  V  34.) 

Same;  except  city  courts;  uniformity  must  be  established  by  legis- 
lature.     (Ga.  VI  Sec.  IX  1.) 

Methods  for  enforcing  not  to  be  provided  or  changed  by  private, 
local  or  special  law.      (La.  4S;  Mo.  IV  53;  Okla.  V  46;  Pa.  Ill  7; 

Tex.  Ill  56;   Va.  IV  63.) 

Not  to  be  confessed  by  any  document  under  private  signature  exe- 
cuted  prior   to  maturity   of  obligation    sued  on.      (La.   91.) 
Judicial  Officers 

Provisions  in  the  constitution  relating  to  judicial  officers  arc  of  three 
kinds:  first,  those  ivhich  relate,  to  all  judicial  officers;  second,  those 
irliicli  relate  to  officers  of  specifically  designated  courts  or  courts 
of  a-  particular  class;  third,  those  which  relate  to  particular  classes 
of  judicial  officers  (e.  g.,  Judges)  without  amy  specific  designation 
of  the  courts  with  which  they  arc  connected.  Provisions  falling  under 
the  first  hi  ad  are  collected  under  this  subhead:  provisions  falling 
under  the  second  and  third  heads  will  be  found  throughout  this 
title.  For  provisions  relating  to  all  public  officers,  and  Inner  to 
judicial  officers,  See  Public  Officers. 


452  State  Constitutions 

4 

COURTS   (Cont'd) 

Judicial  Officers   (Cont'd) 
Absence 

From   state   for   more   than   60   consecutive  clays;    forfeiture   of 
office.      (Ariz.  VI  8;  Cal.  VI  9;  Mont.  VIII  37;  Wash.  IV  8.) 
From   state   for   more   than   90   consecutive   days;    forfeiture   of 

office.     (Xev.  VI  17.) 
From    city    or    district    for    more    than    90    consecutive    days; 

forfeiture  of  office.      (Utah  VIII  27.) 
In  case  of  extreme  necessity  governor  may  extend  leave.      (Ariz. 

VI  8;  Utah  VIII  27;  Wash.  IV  S.) 
Legislature  no  power  to  grant  leave  of  absence.      (Cal.  VI   9; 

Nev.  VI  17.) 
Bribery,  See  Public  Officers  —  Bribery. 
Commissions 

To  be  commissioned  by  governor.     (Ark.  VIII  4S;  111.  VI  29.) 
Compensation 

Fees  or   perquisites  of  office  not  to  be  received  to  own  use  by 
judicial  officers  except  justice  of  peace.      (N.Y.  VI  20.) 
'  Fees  or  perquisites  not  to  be  received  to  own  use  by  judicial 

officer    except    justices    of    peace    and    city    recorders.       (Nev. 

VI   10.) 

Fees  or  perquisites  of  office  not  to  be  received  to  own  use  by 

judicial   officers,   except  court  commissioners.      (Cal.   VI    15.) 

Fees  or  perquisites  of  office  not  to  be   received  to  own  use  by 

judicial    officers,    except    court    commissioners    and   unsalaried 

justices  of  peace.      (Wash.  IV  13.) 

Conservators  of  Peace 

Shall  be.      (Fla.  V  36.) 

Shall  be  such   in   their   respective  jurisdiction.      (Ala.   VI    157; 

Ind.  VII  15.) 
Dual  Office  Holding 

Ineligible   for    any    office    of    trust    or    profit   under    state   except 

judicial,  during  term  for  which  elected.      (Ind.  VII   16.) 
Pedsons  holding  office  of  trust  or  profit  under  authority  of  Con- 
gress, ineligible.     (Vt.  II  50.)- 
Free  Passes,  etc.,  See  Public  Officers. 
How  Selected 

Appointed  by  governor  with  advice  and  counsel  of  council,  ex- 
cept judges  and  registers  of  probate;   nomination  made  seven 
days  prior  to  appointment.      (Me.  V  Ft.  I  8,  VI  7.) 
Appointed    by   governor    with    advice    and    consent    of    council; 
nomination    made   by   governor   at   least   seven    days    prior   to 
appointment.      (Mass.  Pt.  II  Ch.  II  Sec.  I  9.) 
Appointed  by  governor  and  council ;   nomination  made  at  least 
three  days  prior  to  appointment  and  no  appointment  to  take 
place  unless  majority  of  council  agrees.     Governor  and  council 
to  have  negative   on   each  other  both   in  nomination  and  ap- 
'  pointment.  every  nomination  and  appointment  to  be  signed  by 

governor    and    council    and    every    negative   to    be    signed    by 


I  mux   Digest  4.">:j 


COURTS    (Cont'd) 

Judicial  Officers  {Cont'd) 
How  Selected    {Cont'd) 

"  the  governor  or  council  who  made  the  same''.    (X.H.  II  45, 

46.) 

Unless  otherwise  provided   in  the  constitution,  to  be  elected  or 

appointed  at  such  times  and  in  such  manner  as  prescribed  by 

law.     (N.Y.  VI  IS.) 
In  cities,  where  election  or  appointment  not  otherwise  provided 
for  in  judicial  article,  to  he  chosen  by  electors,  or  appointed 
by  local  authority.      (N.Y.  VI  17.) 
Impeachment,  See  Impeachment. 
Oath  of  Office 

Form  set  forth;  affirmation  allowed.      (Ala.  XVI  279;  Ark.  XIX 

20;   Conn.  X  1;   Mass.  Pt.  II  Ch.  VI  2;   Mont.  XIX  1;   Xebr. 

XIV  1;   Okla.  XV  1;   Pa.  VII   1;  Vt,  II  52;  Va.  II  34.) 

Form   set  forth;    affirmation    allowed;    inferior   officers   may   be 

exempt.      (Cal.  XX  3;  Del.  XIV;  X.D.  XIV  211;  X.Y.  XIII  1; 

Wis.  IV  28.) 

Administered    either    by    presiding    officer    of    either    legislative 

branch  or  by  any  officer  authorized  to  administer  oath.     (Ala. 

XVI  279.) 
Filed   with   clerk   of   county   where   taken;    members   of   highest 

court  exempt.      (Okla,  XV  2.) 
False  swearing  or  affirmation  or  violation  of  either  is  perjury; 
to  work   forfeiture  of   any   office   of   trust   or   profit.      (Okla. 

XV  2.) 
Refusal  to  take  oath  or  affirmation  to  work  forfeiture  of  office. 

(Okla.  XV  2.) 
Qualifications 

Musi  ue  citizen  of  state  and  qualirieu  elector  of  territorial  juris- 
diction.    (La.  210.) 
Removal 

By  address  of  both  branches  of  legislature  to  executive.      (Me. 

VI  4.) 
By  governor  with  consent  of  council  on  address  of  both  houses 

of  legislature.  (Mass.  Pt.  TT  Ch.  Ill  1;  X.H.  II  72.) 
Judicial  officers,  except  justice  of  the  peace,  removed  by  senate 
on  recommendation  of  governor.  Cause  entered  on  journal; 
incumbent  served  with  copy  of  complaint  and  opportunity  to 
be  heard  in  his  defense.  Yeas  and  nays  entered  on  journal. 
(Justices  of  highest  court,  intermediate  court  of  appeals  and 
general  Irial  courts,  removed  by  concurrent  resolution  of  both 
houses  by  two-thirds  vote  of  each  house;  otherwise  same  as 
ahove.)  (Cal.  VI  10.) 
Judicial  officers,  except  justices  of  the  peace  and  judges  of  in- 
ferior courts,  not  of  record,  removed  for  cause  by  senate  on 
vote  of  two-thirds  of  all  members  elected,  on  recommendation 
of  governor.  Cause  entered  on  journals;  incumbent  served 
with  statement  of  cause  and  opportunity  to  be  heard.     Yens 


454-  State  Constitutions 


COURTS   (Cont'd) 

Judicial  Officers  (Confd) 
Removal   (Cont'd) 

and  nays  entered  on  journal.      (Judges  of  highest  court  and 
of  general   trial   courts   removed   by  concurrent   resolution   of 
both  houses  by  two-thirds  vote  of  all  members  elected  to  each 
house;  otherwise  same  as  above.)      (N.Y.  VI  11.) 
Residence 

Within    their    territorial    jurisdiction;     removal    to    work    for- 
feiture   notwithstandiing    any   declaration    as    to    retention    of 

domicile.      (La.  210.) 
Term  of  Office 

During  good  behavior  except  as  otherwise  provided  in  constitu- 
tion.     (Mass.  Pt.  II  Ch.  Ill  1;  N.H.  II  72.) 
Seven  years  for  all  appointed  officers  unless  reappointed.      ( Me. 

VI  4.) 
Until  successor  qualified.      (Kan.  Ill  12.) 
Vacancies 

Filled  by  appointment   by  governor   until  next  regular   election 

occurring  more  than  30  days  after  vacancy.  (Kan.  Ill  11.) 
During  recess  of  senate  filled  by  governor;  during  session  of 
senate,  governor  to  make  nomination  before  final  adjournment; 
but  if  vacancy  in  elective  office  successor  chosen  at  next  elec- 
tion appropriate  to  office,  unless  vacancy  occurs  within  two 
calendar  months  preceding  election,  in  which  case  election  to 
be    held    at    second    succeeding    election    day    appropriate    to 

office.     (Pa.  IV  8.) 
Judicial  Sales,  See  Judicial  Sales. 
Juries,  See  Juries. 

Juries,  Charge  to,  See  below,  this  title,  Trials. 
Jurisdiction 

See  also  Distribution  of  Powers. 

For  jurisdiction  of  courts  established  by  legislature,  See  above,  this 

title.  Establishment. 
Of  a  particular  class  of  courts,  See  throughout  this  title. 
Legislature  to  distribute  jurisdiction  not  pertaining  to  highest  court 
among  other  courts  prescribed  in  constitution,  or   which  may  be 
prescribed  by  law.      (N.C.  IV   12.) 
Legislature  to  have  no  power  to  deprive  judicial  department  of  any 
power  or  jurisdiction  which  rightfully  pertains  to  it  as  a  co-ordi- 
nate  department   of   the  government.      (Ida.   V   13;    N.C.   IV   12.) 
Except  in  so  far  as  expressly  changed  by  this  amendment,  to  remain 
as  at  present  until  otherwise  provided  by  law.      (The  amendment 
referred  to  is  a  new  judicial  article;  the  original  article  is  reduced 
to  the  level  of  an  ordinary  act  by  this  amendment;  provisions  are 

not  digested.)      (Ore.  VII  2.) 
To  be  regulated  by  law.  except  so  far  as  conferred  by  this  constitu- 
tion.    (Va.  VI  S7.) 
Legislature  may  alter  and  regulate,  except  as  limited  in  constitution. 

(X.Y.  VI  3.) 


Index  Digest  455 


COURTS   (Cont'd) 

Jurisdiction  (Cont'd) 

Of  all  courts  of  same  clasa  or  grade,  so  far  as  regulated  by  law,  to 
be  uniform.     (Colo.  VI  28;  111.  VI  29;  Mont.  VIII  26;  Nebr.  VI  19; 

Pa.  V  26.) 

Same;  except  city  courts;  uniformity  must  be  established  by  legis- 
lature.     (&a.  VI  Sec.  IX- 1.) 

Of  all  courts  of  same  class  or  grade,  so  far  as  regulated  by  law,  to 
be  uniform;  but  legislature  may  classify  county  courts  according 
to  population  of  respective  counties  and  fix;  jurisdiction  accordingly. 

(S.D.  V  34.) 

Organized  judicial  powers  of  all  courts  of  same  class  or  grade,  so 
far  as  regulated  by  law,  to  be  uniform.      (Ida.  V  26.) 

No  judge  to  be  affected  in  his  jurisdiction  as  to  territory  or  amount 
during  period  for  which  elected  or  appointed.  Legislation  so  affect- 
ing judge  or  court  to  take  effect  only  at  end  of  term  of  office,  but 
this  provision  not  to  affect  provisions  of  constitution  relative  to 
impeachment  or  removal.     (La.  114.) 

Xot  to  be  regulated  by  local,  private  or  special  law.  (Ky.  59;  La.  48; 
Mo.  IV  53;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56;  Va.  IV  63.) 

Legislature  to  confer  on  courts  power  to  grant  divorces,  change  names 
of  persons,  direct  sale  of  estates  belonging  to  infants  and  other 
persons  under  legal  disabilities.      (Va.  IV  63.) 

All  matters  testamentary,  of  administration,  business  appertaining  to 
minors  and  allotment  of  dower,  cases  of  idiocy  and  lunacy  and 
persons  non  compos  mentis  to  be  vested  as  legislature  may  provide. 

(S.C.  V  19.) 

Legislature  to  have  right  to  vest  such  powers  with  regard  to  private 
and  local  affairs  as  may  be  expedient.      (Tenn.  XI  9.) 

In  all  cases  where  there  is  appeal  from  judgment  rendered  on  re- 
conventional  or  other  incidental  demand,  appeal  shall  lie  to  court 
having  jurisdiction  of  main  demand.     (La.  95.) 

No  court  to  have  jurisdiction  to  entertain  any  contest  wherein  valid- 
ity or  constitutionality  of  bonds  under  section  281,  regulating  the 
issue  of  bonds  of  municipal  and  other  public  corporations  is  ques- 
tioned; provided  that  bonds  have  not  already  been  declared  in- 
valid by  judgment  of  court  of  last  resort  in  state,  and  more  than 
60  days  have  elapsed  since  promulgation  of  proceedings  evidencing 

issue.      (La.   281    (3)     (1914).) 
Justice.  Administration  of,  See  Administration  of  Justice. 
Justices*  (  'otjrts 

Subhead  covers  provisions  relating  to  justices3  courts  whether  juris- 
diction or  judicial  organisation  is  referred  to  in  constitution  as 
a  justice's  court  or  is  given  to  justice  of  peace  as  such.  For 
election,  qualification,  administrative  functions,  etc.,  of  justices  of 

peace,   See   below,    this    title.   JUSTICES   OF    PEACE. 
Abolishment,  See  beloic.  this  title,  JUSTICES  of  Pea<  k. 
Appeals  from 

To  a  particular  court,  See  throughout  this  title. 
In  cases  prescribed  by  law.      (Md.  IV  42.) 


450  State  Constitutions 


COURTS   (Cont'd) 

Justices'  Courts    (Con I'd) 
Appeals  from  (Cont'd) 

Secured  under  rules  provided  by  law.     (Miss.  VI  171;  S.C.  V  23.) 
In   cases   and   under   regulations    prescribed  by  law.      (X.D.    IV 

114;    W.Va.    VIII    2S;    Wyo.    V    23.) 
Right  of  appeal  without  prepayment  of  costs  to  be  provided  for 

by  law.     (Ala.  VI  16S.) 
If  legislature  gives  jurisdiction  to  court,  right  of  appeal  to  some 
other  court  must  be  given.      (X.H.  II  70.) 
Character 

Not  to  be  courts  of  record.     (Ariz.  VI  10;  Wash.  IV  11.) 
Clerks 

Elected  at  general  election  by  qualified  electors  of  county,   for 
term   of   four   years;    office  kept  in   town   or   place   in   county 
where  general  trial  court  usually  held.      (Del.  Ill  22,  23,  24.) 
Establishment,  See  above,  tliis  title,  Establishment. 
Evidence 

Legislature  not  to  pass  local  or  special  law  changing  rules  of 
evidence  in  any  judicial  proceeding  or  inquiry  before.      (Mo. 
IV  53;    Okla.  V  46;   Pa.   Ill   7;   Tex.  Ill  50.) 
Fees 

Fees,   fines  and  penalties  to  be  paid   into  the  county  treasury. 

(Pa.  V  13.) 
Judicial  Districts 

Each  county  to  be  divided  by  legislature;  not  less  than  three  or 

more  than  eight  in  county.     (Ky.  142.) 

Each   county  to   be   divided   by   legislature;    not   more  than   25 

for  a  county  or  four  for  each  100  square  miles.     (Tenn.  VI  15.) 

Each  county  to  be  divided  into  districts;  not  less  than  three  nor 

more  than   10  in  county;    equal   as  may  be  in  territory  and 

population.     (W.Va.  VIII  27.) 

Each  organized  county  to  be  divided ;  not  less  than  four  nor  more 

than  eight  in  county;  division  made  by  commissioners'  courts 

in  districts.      (Tex.  V  IS.) 

Xot  le<s  than  three  or  more  than   10  in  any  county;,  as  nearly 

equal    as   may   be    in   territory    and   population;    districts   to 

remain  as  now  exist  until  changed  by  county  court.      (W.Va. 

VIII  27.) 
Jurisdiction 
Civil 

Amount  in  controversy  not  to  exceed  $100;  none  in  assault 
and  battery,  libel,  slander  or  ejectment.  (Ala.  VI  168.) 
As  conferred  by  law;  not  to  trench  upon  jurisdiction  of  any 
court  of  record;  except  that  they  shall  have  concurrent 
jurisdiction  with  general  trial  court  in  cases  of  forcible 
entry  and  detainer  where  rental  value  does  not  exceed 
$25  per  month  and  where  whole  amount  of  damage  claimed 
does  not  exceed  $200.  (Ariz.  VI  9.) 
Concurrent  in  matters  of  damage  to  personal  property  in 
contract   where    amount   in   controversy   does    not    exceed 


Ixdkx    Dk.ksi'  457 


COURTS   (Cont'd) 

Justices'  Courts   (Cont'd) 
Jurisdiction    (Cont'd) 
Civil   (Cont'd) 

$100;  concurrent  where  amount  in  controversy  exceeds 
$100  and  does  nut  exceed  $300,  exclusive  of  interest;  con- 
current in  suits  for  recovery  of  personal  property  where 
value  of  property  does  not  exceed  $30X1/5  none  where  a  lien 
on  land  or  possession  of  land  involved.      (Ark.  VII  40.) 

As  conferred  by  law:  value  of  property  or  amount  in  con- 
troversy not  to  exceed  $300;  none  where  boundary  of  or 
title  to  land  involved.      (Colo.  VI  2.3.  i 

As  conferred  hy  law.      (Conn.  V  2;  Wis.  VII  15.) 

Amount  in  controversy  not  to  exceed  $100.     (Ela.  V  22.) 

In  case-  of  personal  property,  injuries  or  damage  to;  amount 
claimed  not  to  exceed  $100.     (Ga.  VI  Sec.  VII  2.) 

Cases  arising  ex  contractu  amount  claimed  not  to  exceed 
$100.      (Ga.  VI  Sec.  VII  2.  | 

Amount  in  controversy  not  to  exceed  $300.  exclusive  of 
interest;  none  where  boundary  of  or  title  to  land  involved. 

(Ida.  V  22.) 

To  be  uniform.     (111.  VI  21;  Ky.  142.) 

Amount  in  controversy  not  to  exceed  $100,  except  by  con- 
sent of  parties  may  be  extended  to  amounf  not  exceeding 
$300;  none  in  chancery  cases  or  where  title  to  land  may 
be  involved.      (Iowa  XI  1.) 

Exclusive  original  amount  under  $50;  concurrent  with  gen- 
eral trial  court  when  amount  is  between  $50  and  $100, 
exclusive  of  interest;  same  limitations  on  suits  regarding 
ownership  of  movable  property  and  of  landlords  for  pos- 
-essjun  of  leased  premises  when  monthly  or  yearly  rent, 
or  rent  of  unexpired  term  of  lease  does  not  exceed  said 
amounts ;  none  where  title  to  land  involved  or  political 
corporation  defendant  or  in  matters  of  probate  or  where 
successor  is  defendant.      (La.   126.) 

As  now  provided  by  law.      (Md.  IV  42.) 

Exclusive  to  amount  of  $100  and  concurrent  to  amount  of 
$300.  which  may  be  increased  to  $500,  with  such  excep- 
tions as  provided  by  law.      (Mich.  VII  10.) 

Amount  in  controversy  not  to  exceed  $100;  none  where  title 
to  land  involved.      (Minn;  VI  S. ) 

Amount  in  controversy  not  to  exceed  $200.     (Miss.  VI  171.) 

As  conferred  by  law.  except  as  constitution  otherwise  pro- 
vides; concurrent  with  general  trial  courts  in  forcible 
entry  and  detainer;  none  in  equity,  in  divorce,  annulment 
of  marriage  or  where  title  or  possession  of  land  is  in- 
volved; none  where  amount  in  controversy  exceeds  $300; 
no  power  to  issue  writs  of  quo  warranto,  habeas  corpus, 
mandamus,   prohibition,  injunction  or  certiorari.      (Mont. 

VIII  20.  21.) 


458  State  Constitutions 


COURTS   (Cont'd) 

Justices'  Courts    (Cont'd) 
Jurisdiction    (Cont'd) 
Civil   (Cont'd) 

As  conferred  by  law;   amount  in  controversy  not  to  exceed 
$200;  none  where  title  to  or  boundary  of  land  in  dispute. 

(Nebr.  VI  18.) 
As  conferred  by   law;    concurrent  with  general  trial   court 
in  cases  of  mechanics'  liens  or  where  the  relation  of  land- 
lord   and    tenant    exists,    or    where    possession    has    been 
unlawfully    or    fraudulently    obtained    or    withheld;    none 
where  mining  claims,  boundaries  of  or  titles  to  land  are 
involved  or  any  cases  that   in   any  manner  conflict  with 
courts  of  record.      ( Nev.  VIS.) 
As  conferred  by  law;   amount  in  controversy  not  to  exceed 
$100;  none  where  title  to  land  in  dispute.     (N.H.  II  76.) 
Amount    in    controversy    not   to    exceed    $200,    exclusive    of 
interest;  none  where  title  to  or  boundary  of  land  involved. 

(N.M.  VI  26.) 

In  contract  as  conferred  by  law  founded  on  contract,  amount 

claimed    not    to    exceed    $200;    legislature    may    give    in 

other    civil    matters    where    value    of    property    does    not 

exceed    $50;    none    where   title   to    land   involved.      (N.C. 

IV  27.) 
In  actions  other  than  amounts  on  contract  value  of  property 
in    controversy   not   to    exceed    $50;    actions    founded    on 
contracts  not  to  exceed  $200.      (N.C.  IV  27.) 
Concurrent  with  general   trial   court  when   amount  in   con- 
troversy exclusive  of  costs  does  not  exceed  $200.      (N.D. 

IV  112.) 

Amount   in    controversy,   exclusive   of   costs,   not   to   exceed 

$200;  none  where  boundaries  of  or  title  to  land  involved. 

(N.D.   IV   112.) 

Concurrent  with  county  court  until  otherwise  provided  by 

law;    amount   not   to   exceed   $200,   exclusive   of   interest. 

(Okla.  VII  IS.) 

Value  of  property  in  controversy  not  to  exceed  $100;  not  in 

equity   cases;    none  where   title  to   land   involved.      (S.C. 

V  21.) 
As  conferred  by  law;    amount  in  controversy  not  to  exceed 

$100    on    boundary    of    or    title   to    land    involved.      (S.D. 

V  22.) 
As   conferred  by  law   amount  in   controversy   not  to  exceed 

$200,    exclusive    of    interest,    of    which    exclusive    original 

jurisdiction    is   not  given    to   the  general   trial   courts   or 

county  courts.      (Tex.  V  19.) 
As  now  provided  by  law;   legislature  may  restrict.      (Utah 

VIII  S.) 
As  conferred  by  law;  not  to  trench  upon  the  jurisdiction  of 

general  trial  or  other  courts  of  record.      (Wash.  IV  10.) 


Index    Digest  t59 


COURTS   {Cont'd) 

Justices'  Courts   {Cont'd) 
Jurisdiction   {Cont'd) 
Civil   {Cont'd) 

Cases  of  assumpsit,  debt,  detinue  and  trover;  legislature  may 
eonfer  additional,  amount  claimed  not  to  exceed  $300, 
exclusive  of  interest.  (VY.Va.  VIII  28.) 
Cases  in  which  general  trial  court  has  jurisdiction;  amount 
in  controversy  not  to  exceed  $200,  exclusive  of  costs;  none 
where  title  to  or   boundaries  of   land   involved.      (Wyo. 

V  22.) 
Legislature  may  limit  jurisdiction  of  justices  in  territory  in 

Cook  county  outside  of   city  of  Chicago  to  such  outside 
territory   if  municipal   courts  in  city  of  Chicago  created. 

(111.  IV  34.) 
Criminal 

As  conferred  by  law.  (Ariz.  VI  9;  Ida.  V  22;  Mich.  VII  16; 
Nev.  VI  8;   S.D.  V  22;  W.Va.  VIII  28;  Wis.  VII   15.) 

Misdemeanors  as  conferred  by  law.      (Ark.  VII  40;  La.  126; 

Wyo.  V  22.) 

Criminal,  as  conferred  by  law.      (Conn.  V  2.) 

As  conierred  by  law  in  assaults  and  batteries,  keeping  with- 
out license  public  house,  and  unlawful  sale  of  intoxicating 
liquors,  carrying  concealed  deadly  weapons,  disturbing 
religious  meetings,  nuisance;  such  other  misdemeanors  as 
legislature  by  two-thirds  vote  of  all  members  elected  to 
each  house  may  confer.      (Del.  IV  30.) 

Criminal,  as  conferred  by  law;  not  to  include  felonies.     (Fla. 

V  22.) 
To  be  uniform.      (111.  VI  21;  Ky.  142.) 

Where  punishment  does  not  exceed  three  months'  imprison- 
ment, or  a  fine  of  over  $100.      (Minn.  VI  S.) 

Concurrent  with  general  trial  courts;  where  punishment 
prescribed  does  not  extend  beyond  a  fine  and  imprison- 
ment, in  county  jail;  legislature  may  confer  jurisdiction 
in  petty  misdemeanors.      (Miss.  VI  171.) 

As  conferred  by  law;  not  in  felony;  except  as  examining 
courts.      (Mont.  VIII  21.) 

As  conferred  by  law.  none  in  cases  where  punishment  may 
exceed  three  months'   imprisonment  or  fine  of  over  $100. 

(Nebr.  VI  IS.) 

Where  punishment  is  less  than  imprisonment  in  state  prison. 

(X.II.  II  76.) 

Where  punishment  does  not  exceed  a  fine  of  $50  or  impi ifi 
ment  for  30  days.     (X.C.  IV  27.) 

Misdemeanors  as  may  be  provided  by  law;  in  counties  where 
no  county  court  with  criminal  jurisdiction  exists.      (X.I). 

IV   112.) 

Concurrent  with  county  courts  in  cases  of  misdemeanors 
where   punishment    does   not    exceed    line   of   $200   or    in>- 


460  State   Constitutions 


COURTS   (Cont'd) 

Justices'  Courts   (Cont'd) 
Jurisdiction    {Cont'd) 
Criminal    (Cont'd) 

prisonment    in    county    jail    fur    not    exceeding    30    days, 
or   both   such   line   and   imprisonment.      (Okla.   VII    18.) 
As  conferred  by  law;  none  where  punishment  exceeds  a  fine 

of  $100,  or  imprisonment  for  30  days.     (S.C.  V  21.) 
As  conferred  by  law;   where  penalty  or  fine  not  more  than 

$200.      (Tex.  V  19.) 
As  now  provided  by  law;   legislature  may  restrict.      (Utah 

VIII  8:) 

As    conferred    by    law;    not   to    trench    upon    jurisdiction    of 

general    trial    court    or    other    courts    of    record.       (Wash. 

IV   10.) 
Private,  Local  or  Special  Laics 

Not  to  be  regulated  by.  (Ariz.  IV  19;  Cal.  IV  25;  Colo. 
V  25;  Ida.  Ill  19;  111.  IV  22?  Ind.  IV  22;  Mo.  IV  53; 
Mont.  V  26 j  Xebr.  Ill  15;  Xev.  IV  20;  X.M.  IV  24;  X.D. 
II  69;  Okla.  V  46;  Ore.  IV  23;  Pa.  Ill  7;  Tex.  Ill  56; 
Utah  III  56;  Wyoi  III  27.) 
Xot  to  be  increased  by.  (Ala.  IV  104.) 
Procedure 

Hee  also  below,  tJiis  title.  Procedure. 

Practice  not  to  be   regulated  by  local,   private   or   special  law. 

(Minn.  IV  33;  Mo.  IV  53;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56.) 

Process  to  be  authenticated  as  prescribed  by  law.      (Md.  IV  1.) 

To  issue  all  necessary  process  in  exercise  of  jurisdiction.     (Ark. 

VII  40.) 
Each  magistrate  may  appoint  one  or  more  constables  to  execute 

writs  and  processes  issued  by  him.      (S.C.  V  20.) 
Justice  to  make  record  of  proceedings  in  all  cases  and  file  same 
with  clerk  of  general  trial  court  for  his  county.      (X.C.  IV  27.) 
Special  Organization  for  Particular  Counties 

In  Philadelphia  one  court  not  of  record  for  each  30,000  inhabit- 
ants for  police  and  civil  causes  jurisdiction  not  to  exceed  $100; 
term  of  office,  six  years;  elected  on  general  ticket  at  municipal 
election  by  qualified  voters  at  large  and  no  voter  shall  vote  for 
more  than  two-thirds  of  the  number  to  be  elected  when  more 
than  one  chosen;  compensated  by  fixed  salaries  to  be  paid  by 
county;  exercise  such  civil  and  criminal  jurisdiction  except  as 
herein  provided  as  exercised  aldermen,  subject  to  such  changes 
not  involving  an  increase  of  civil  jurisdiction  or  conferring 
political  duties  as  may  be  made  by  law:  in  Philadelphia  the 
office  of  aldermen  is  abolished.  (Pa.  V  12.) 
Time  and  Place  of  Holding 

Always  open  for  transaction  of  business,  except  on  legal  holidays 

and  non-judicial  days.      (Mont.  VIII  22.) 
As  provided  by  law.     (Tex.  V  20.) 
To  sit  monthly  at  fixed  times  and  place.     (Ga..VI  Sec.  VII  2.) 


Ixdkx  Digest  461 


COURTS    (Cont'd) 
Justices  of  Peace 

Under  this  subhead  arc  digested  provisions  dealing  villi  the  justice 
of  peace  as  an  individual.  For  provisions  relating  to  judicial 
organization    and    jurisdiction    of   justices'   courts,   Bee   above,    this 

title,  Justices'  Courts. 

For  provisions  referring  to  all  judges,  See  above,  this  title,  JUDGES- 
Abolishment  of  Office 

May  be  abolished  in  any  city  having  population  of  over  20,000 
except  city  of  Savannah,  and  legislature  may  establish  courts 
to  exercise  duties.      (Ga.  VI  Sec.  VII   1.) 

Legislature  may  abolish  and  confer  jurisdiction  upon  judges  of 
county  courts  or  elsewhere.      (X.D.  IV  112.) 

Legislature  may  abolish  in  city  of  Chicago  if  municipal  courts 

created.     (111.  IV  34.) 

Legislature  may  abolish  justices  of  peace  courts  in  wards  of 
cities  containing  more  than  5,000  inhabitants,  and  create  in 
their  stead  courts  with  such  civil  jurisdiction  as  now  vested 
in  justices  of  peace,  and  with  criminal  jurisdiction  not  ex- 
tending beyond  the  trial  of  offenses  not  punishable  by  im- 
prisonment and  hard  labor,  the  laws  of  the  state  and  the 
violation  of  municipal  and  parochial  ordinances  and  the  hold- 
ing of  preliminary  examinations  in  cases  not  capital;  compen- 
sation of  judges  paid  by  parishes  and  cities  in  which  estab- 
lished, in  proportions  provided  by  law.      (La.  96.) 

Legislature  may  abolish  justices'  courts  in  any  city  having 
population  over  20,000,  except  city  of  Savannah,  and  estab- 
lish in  lieu  thereof  such  court  or  courts  as  deemed  necessary, 
conferring  upon  such  new  courts  jurisdiction  now  exercised 
by  justices  of  peace,  notaries  public  and  ex  officio  justices  of 
the  peace,  together  with  such  additional  jurisdiction  either 
as  to  amount  or  to  subject-matters  as  may  be  provided  by  law, 
whereof  some  other  court  has  not  exclusive  jurisdiction  under 
constitution,  together  also  with  such  provisions  as  to  rules 
and  procedure,  new  trials  and  correction  of  errors  and  with 
such  further  provisions  for  correction  of  errors  by  general 
trial  court  or  intermediate  or  leaser  court  of  appeals  or  high- 
est   court   as   legislature   may   desire.      (Ga.   VI    Sec.    VII    1, 

.     .  (19H).) 

Commissions 

Commissioned  by  governor.      (Ark.  VII  3S;   Ky.   142;   Tenn.  VI 

15.) 

Commissioned  for  the  county.      (X.J.  All  Sec.  II  S.) 

Compensation 
Amount 

As  provided  by  law.      (111.  VI  32;  Md.  TV  42;  Minn.  VI  8; 

Xehr.  VI  20;    ShC.   V  20.  24;   Utah  VITI  S.) 
In   incorporated   cities   and   towns   having  more  than   5.000 
inhabitants  salarv  as  may  be  provided  by  law.      (Wash. 

IV  10.) 
Fees,    salaries    and    emoluments   to   be    prescribed   by   law. 

(X.C.  IV  13.) 


462  State  Constitutions 


COURTS   (Cont'd) 

Justices  of  Peace  (Cont'd) 

Compensation   {Cont'd) 

Fees  and  Perquisites 

Fees   not   to  be  increased  by  local,  private  or   special  law. 

(Ala.   IV   104.) 

Fees  not  to  be  regulated  by  local,  private   or   special  law. 

(Mo.  IV  53;   Okla.  V  46;   Pa.  Ill  7;   Tex.  Ill  56.) 

As  provided  by  legislature;   to  be  uniform  throughout  the 

state.      (Ala,  VI   168.) 

In  civil  matters  as  prescribed  by  law.     (La.  126.) 

In  lieu  of  fees   in  criminal  matters   and  peace  bond   cases, 

which  are  prohibited,  receive  such  salaries  as  may  be  fixed 

by  police  jury  which  salary  shall  be  graded;   fee  bill  for 

civil    matters    as    provided    by    law,    payable    by    parish. 

(La.    12S,    129.) 

Prohibited  in  criminal  cases.      ( S.C.  V  20.) 

Prohibited  where  they  receive  a  salary   (receive  a  salary  in 

towns  having  moKe  than  5.000  inhabitants).     (Wash.  IV 

10.) 
Conservators  of  Peace 

•Shall  be.     (Ky.  142;  Md.  IV  42;  Utah  VIII  21;  W.Va.  VIII  28.) 

To  be  throughout  state.      (Okla.  VII   19.) 

To  bind  persons  to  keep  the  peace  or  for  good  behavior.      (Ark. 

VII  40.) 

Within  their  respective  counties.      (Ark.  VII  40;  W.Va.  IX  7.) 

Within  their  respective  districts.      (X.M.  VI  21.) 

Dual  Office  Holding 

Xot  to  hold   seat  in  legislature.      (X.D.  II   37.) 

Xot    to    hold    seat    in    legislature;    election    and    taking    seat    in 

legislature  vacates  office.      (X.J.  IV  Sec.  V  3.) 
Xot  to  be  judge  of.  county  court.      (W.Va,  VIII  30.) 
Duties 

As  provided  by  law.     (111.  VI  18.  32;  Xebr.  VI  18,  20.) 

To   sit   with   and  assist   county  judges  in   levying  county  taxes 

and  making  appropriations  for  expenses  of  county  in  manner 

prescribed  by  law.      (Ark.  VII  30.) 
Authority  to  take  acknowledgment  of  deeds  and  other  writings, 

administer   oaths   and   take  and   certify   depositions.      (W.Va. 

VIII  28.) 
May  act  as  notary  public.     (Iowa  170;  Tex.  V  10.) 

Xo  power  of  naturalization.      (Mont.  VIII  21.) 

Power  to  order  inquest  of  the  dead.      (Fla.  V  22.) 

Power  to  hold  preliminary  examinations,  See  beloio,   this   title, 

Trials  —  Preliminary  Examinations. 
Xot  to  be  regulated  by  local,  private  or  special  law.      (Ariz.  IV 

19;   Cal.  IV  25;   Colo.  V  25:   Ida.  ITT  19;   111.  IV  22;  Ind.  IV 

22;  Minn.  IV  33;  Mont.  V  26;  Mo.  IV  53;  Xebr.  Ill  15;  Xev. 

IV  20;    X.M.   IV  24;    X.D.   II   69;    Ore.  IV  23;    Utah  VI   26; 

Wyo.  Ill  27.) 
Xot  to  be  extended  by  Tocal,  private  or  special  law.     (Mo.  IV  53; 
,  .  ■   -  Okla,  V  46;  Pa.  Ill  7;   Tex.  Ill  56.) 


Index    Digest  403 


COURTS   [Cont'd) 

Justices  of  Peace  (Cont'd) 
How  Selected 

Appointed  by  governor  with  consent  of  majority  of  all  members 

elected  to  senate.      (Del.  IV  32.) 
Appointed  by  governor  with  consent   of  senate.      (Md.   IV   42; 

S.C.  V  20.) 
Appointed  or  elected  in  each  county.      (Mo.  VI   37.) 
Appointment  or  election  to  be  provided  for  by  legislature.      (  Va. 

VI  108.) 
Elected.     (Utah  VIII  8.) 

Elected  in  each  county.    (N.D.  IV  112;  Tex.  V  18;  Wyo.  V  22.) 
Elected  in  each  county  as  prescribed  by  law.     {Ida.  V  22;  Minn. 

VI  8;  Miss.  VI  171.) 
Elected  in  each  district.      (Conn.   Amend.  X;    Fla.  V  21;   Ga.  VI 
See.  VII  3;   Ky.  99;   La.   126;  Nebr.  VI  IS;   N.M.  VI  26;   R.I. 
X   7;    Tenn.  VI    15:    W.Ya.  VIII   27.) 
Elected  in  each  district  as  prescribed  by  law;  in  city  of  Chicago 
appointed  by  governor  with  consent  of  senate  (on  recommenda- 
tion   of"  majority    of    judges    of    circuit,    superior    and    county 
courts)    for  such  districts  as  prescribed  by  law.      (111.  VI  21.) 
Elected  in  each  city  as  prescribed  by  law.      (X.Y.  VI  17.) 
Elected  in  each  incorporated  city,  town  and  precinct.     (Wash.  IV 

10.) 
Elected   in   each   township.      (Ark.   VII   38;    Ind.   VII    14;    Kan. 

Ill  9;   Mich.  VII   15;   Mont.  VIII  20.) 
Elected  at  annual  town  meetings  or  at  such  other  time  as  legis- 
lature may  direct.     (N.Y.  VI  17:) 
Elected  by  freemen   of  towns.      (Vt.  II  47.) 

Elected  by  ballot   at  the   animal   meetings  of  townships   and   at 
wards  of  cities  that  may  vote  in  wards  as  prescribed  by  law. 

(  X.J.  VI  Sec.  VII  1,  VII  Sec.  II  8.) 
Elected  in  each  ward,  district,  borough  or  township  by  the  quali- 
fied voters  as  prescribed  by  law  at  municipal  election.  (Pa.  V 11.) 
Elected  as  prescribed  by  legislature  at  charter  elections  by  quali- 
fied voters.  (Wis.  VII  15.) 
Elected  in  each  precinct  of  each  county.  (Tex.  V  18.) 
To  be  elected  in  each  precinct  of  each  county,  at  same  time  as 

members  of  legislature,  beginning  1904.      (Colo.  XIV  11.) 

New    Shoreham    and    Jamestown    may    continue    to    elect    their 

wardens  as  heretofore;  other  towns  and  city  of  Providence  may 

elect  justices  of  the  peace.      (R.I.   X  7.) 

Justices  of  general  trial   courts    to   be   justices   of   peace   within 

their  respective  districts  as  to  criminal  matters.      (Pa.  V  9.) 

Legislature    may    constitute    magistrates    in    cities    or   towns    ex 

officio  justices  of  peace  for  their  respective  counties.      (Mont. 

\  III  24.) 

Judges  of  highest  court  to  be  justices  of  peace  throughout  state, 

and  judges  of  general   trial   courts  to  be    justices  of  peace   in 

their  respective  counties  by  virtue  of  their  office  except  in  the 

trial  of  causes  appealed  to  general  trial  courts.      (Vt.  II  28.) 


444  State   Constitutions 


COURTS   (Cont'd) 

Justices  of  Peace  (Cont'd) 
Judicial  Districts 

Creation  of  not  to  be  provided   for  by  local,  private  or  special 

law.     (Miss.  IV  90.) 
Name 

Where  called  justices  of  peace  only,  no  citation  given. 
.Justices  of  peace  or  aldermen.     (Pa.  V  11.) 
Justices  of  peace  or  police  magistrates.      (111.  VI  21.) 
Magistrates.      (S.C.  V  20.) 
Number 

As  prescribed  by  legislature.      (Del.  IV  30;  Md.  IV  42;  Nebr.  VI 

18;  Utah  VIII  8;  Wis.  VII  15.) 
As  prescribed  by  legislature;   a  sufficient  number.      (Conn.  V  1; 

Mo.  VI  37;  Va.  VI  10S.) 

As  prescribed  by  legislature,  a  sufficient  number  in  each  county. 

(Minn.  VI  S;   Miss.  VI   171;   N.D:  IV   112;   S.C.  V  20;   Wyo. 

V  22.) 
As  prescribed  by  legislature,  a  sufficient  number  in   eacli  town- 

'ship.      (Ind.  VII  14.) 
As  prescribed  by  legislature,  except  in  parish  of  Orleans.      (La. 

126. ) 
As  prescribed  by  legislature  for  each  town.  (Conn.  Amend.  X.) 
As   prescribed   by   legislature   in   incorporated   cities,   towns   and 

precincts.      (Wash.  IV  10.) 
As  provided  by  law  for  each  city  and  township.      (Xev.  VI  8.) 
In  cities  containing  over  50,000  inhabitants  not  more  than  one 

in  each  ward  or  district.      (Pa.  V   11.) 
In  incorporated  cities  and  towns  and  in  precincts  as  prescribed 

by  legislature.      (Ariz.  VI  9.) 
No    more    than    two    without    consent    of    majority    of    qualified 

electors  in  district.  (Pa.  V  11.) 
Not  less  than  two  and  not  more  than  five  in  each  township  and 
in  each  of  the  wards  of  the  cities  that  may  vote  in  wards; 
when  a  township  or  ward  contains  2,000  or  less  it  may  have 
two  justices ;  when  it  contains  more  than  2,000  and  not  more 
than  4,000,  four  justices;  and  when  it  contains  more  than  four 
it  may  have  five  justices  provided  that  when  any  township 
not  voting  in  wards  contains  more  than  7,000  such  township 
shall  have  additional  justices  for  each  additional  3,000  above 
4.0001;  population  ascertained  by  last  preceding  census  of  the 
United   States   until   legislature   shall   provide   other   mode   of 

ascertaining.  (N.J.  VI  Sec.  VII  1,  2.) 
Not  more  than  five  in  towns  having  less  than  1,000:  not  more 
than  seven  in  towns  having  1,000  and  less  than  2,000;  not 
more  than  10  in  towns  having  2,000  and  less  than  3.000;  not 
more  than  12  in  towns  having  3,000  and  less  than  5,000; 
not  more  than  15  in  towns  having  5,000  or  more.  (Vt.  II  47.) 
Not  more  than  two  in  each  precinct;  where  precinct  lies  within 
or  partly  within  an  incorporated  city  or  town   of  more  than 


Index  Digest  465 


COURTS    (Cont'd) 

Justices  of  Peace  [Cont'd) 
Number   (Cont'd) 

1,500,  lieu  of  justices  of  peace  an  inferior  court  can  be  estab- 
lished. .    (Ala.  VI  168.) 
Xot  to  exceed  lour  in  each  organized  township.     The  legislature 

may  provide  for  justices  in  cities.      (Mich.   VII    15.) 
Xumber    and   classilication   as   prescribed   by   legislature.      (X.Y. 

VI  17.) 
One  for  every  200  electors,  but  every  township,  no  matter  how 

small,  shall  have  two  'justices  of  the  peace.      (Ark.  VII  39.) 
One  in  districts  of  1,200  or  less;  not  less  than  three  nor  more 

than  10  districts  in  each  county.      (W.Va.  VIII  27.) 
One  in  each  district  into  which  each  county  is  divided  by  county 
commissioners ;    not    less   than   two    districts   in    each   county. 

(Fla.  V  21.) 
One  in  each  militia  district.      (Ga.  VI  Sec.  VII   1.) 
One  in  each  precinct;   not  less  than  four  nor  more  than  eight 

precincts  in  each  organized  county.      (Tex.  V   18.) 
Two  in  cities  of  more  than  2.500.      (Okla.  VII  IS.) 
Two     in     each     district     (not    more    than     25     districts     in    a 
county)    except  three  in  districts  including  towns;    legislature 
may   provide   for    additional    justices   in    incorporated   towns. 

(Tenn.  VI  15.) 
Two  in  each  organized  township.      (.Mont.  VIII  20.) 
Two  in   each  township ;    legislature  may  increase   in   any  town- 
ship.     (Kan.  Ill  9.) 
Two  in  precincts  in  which  there  may  be  a  city  of  8,000  or  more. 

(Tex.  V  18.) 

Two  in  each  precinct  of  each  county;  but  in  precincts  of  50,000 

or  more  inhabitants  number  may  be  increased  as  provided  by 

law.     (Colo.  XIV  11.) 
All   towns   and    city   of   Providence   except   Xew    Shoreham.   and 
Jamestown  may  elect  number  they  deem  proper.      (R.I.  X  7.) 
Oath  of  Office 

To  be  indorsed  on  commission.      (Ark.  VII  38.) 
Prohibition  on  Practice  of  Law 

Xot  act   in   or   originate   any   civil   suit  in  matters   which   shall 
come  or  be  brought  before  them.      (X.H.   II   7S.) 
Qualifications 

Freeholders  and  qualified  electors,  and  possess  such  other  qualifi- 
cations as  may  be  prescribed  by  law.      (La.   126.) 
Qualified  electors  of  township  for  which  elected.    (Ark.  VII  41.) 
Resided  in  district  one  year  next  preceding  election.     (Pa.  V  11.) 
Resident  of  district.     (R.I.  X  7.) 
Resident  of  township.      (Ark.  VII  41.) 

Residence  during  term,  See   btlow,    tliis  subdivision,  Residence. 
Reappointment 

May  he  reappointed.      (.Me.  VI   5;    .Mass.  Pt.  II  Ch.  Ill  3.) 


46 G  State  Constitutions 


COURTS   (Cont'd) 

Justices  of  Peace   (Cont'd) 
Removal 

By  governor  with  consent  of  council.      (Mass.  Amend.  XXXVII.) 

In  manner  and  for  cause  prescribed  by  law.      (Ohio  X  6.) 

By  judges  of  general  trial  court  for  incompetency,  official  mis- 
conduct, habitual  drunkenness  or  other  cause  defined  by  law; 
cause  set  forth  in  writing  and  truth  found  by  jury.     (Tex.  V  24.) 

Liable  for  crimes  or  misdemeanors  in  office,  to  indictment  in 
such  courts  as  legislature  may  direct;  upon  conviction  removed 
from  office  as  if  found  guilty  of  impeachment  and  subject  to 
other  punishment   prescribed  by  law.      (Tenn.  V  5.) 

May  be  prosecuted  or  indicted  for  misdemeanor  or  malfeasance 
in  office  or  wilful  neglect  in  discharge  of  official  duties  in 
such  mode  as  may  be  prescribed  by  law;  upon  conviction 
office  vacated,  but  right  of  appeal  to  highest  court.     (Ky.  227.) 

On  conviction  for  malpractice  in  office.      (Ga.  VI  Sec.  VII  3.) 

For  specified  causes  by  general  trial  courts,  courts  of  like  juris- 
diction, or  by  criminal  court  of  county  in  which  he  holds  of- 
fice, under  regulations  prescribed  by  law;  provided,  right  to 
trial  by  jury  and  appeal  secured.      (Ala.  VII   175.) 

By  judge  or  judges  having  criminal  jurisdiction  in  the  county 
or  city,  for  incompetency,  wilful  neglect  of  duty,  misdemeanors 
in  office,  on  conviction  in  a  court  of  law.      ( Md.  IV  42.) 

On  prosecution   and  final  conviction   for  misdemeanor  in  office; 
in   Chicago,   by   summary   proceedings   in   circuit   or    superior 
court  for  extortion  or  other  malfeasance.     (111.  VI  21,  28,30.) 
Residence 

In  district.     (111.  VI  32;  Nebr.  VI  20;  YV.Va.  VIII  27.) 

In  district;  removal  from  district  vacates  office.      (N.J.  VII  Sec. 

II  8;  Tenn.  VI  15.) 

In  city  or  town  for  which  elected  or  appointed.      (Ark.  VII  3S, 

50.) 

In  township  for  which  elected.      (Mont.  VIII  33.) 

In  township  during  term  of  office.      (Kan.  Ill   11.) 

Vacate  office  by  removal  from  districts  from  which  elected.     (Ky. 

142.) 

Removal  from  district,  or  residence  placed  without  district  by  a 
change  in  boundaries,  vacates  office.      (Mich.  VII   19.) 

As  qualification  for  office,  See  above,  tliis  subdivision,  Qualifica- 
tions. 
Retirement  on  Account  of  Age 

On  reaching  70  years.     (Conn.  V  3.) 
Substitutes 

Not  to  sit  in  trial  of  case  in  which  interested,  or  parties  or  either 
of  them  connected  with  him  by  affinity  or  consanguinity,  ex- 
cept by  own  consent  and  consent  of  parties.      (Miss.  VI  171.) 

Not  to  sit  in  trial  of  cause  in  which  either  party  related  to  him 
by  affinity  or  consanguinity  within  degree  of  first  cousin;  or  in 
which  he  was  counsel;  or  in  trial  of  which  he  presided  in  in- 
ferior court;  or  in  which  interested.      (N.M.  VI  18.) 


I.XDKX     DlGEM  4»i" 


COURTS   (Cont'd) 

Justices  of  Peace  (Cont'd) 
Term  of  Office 

A-  prescribed  by  law.     (Ala.  VI   108;  Mo.  VI  37.) 

Two  years.      (Ark.  VII   38;   Colo.  XIV  11;   Kan.  Ill  9;   Md.  IV 

42:  Minn.  VI  8;  Vt.  II  48.) 
Two    years    except    as    otherwise    provided    in    this    constitution. 

(Mont.  VIII  20.) 
Two  years  and  until  successors  are  appointed  and  qualified.       S.    , 

V  20 
Two  years  and  until  successor  elected  and  qualified.     (Xebr.  VI 

20:  Tex.  V  IS:  Wis.  VII   15.) 

Four  years.      (Del.  IV  31;   Fla.  V  21;    Ga.  VI  Sec.  VII    1;    Ind. 

VII  14:  La.  126";  Miss.  VI  171:   X.V.  VI  17:  W.Va.  VII]  27.) 

lour  years  and  until  successor  qualified.      (111.  VI  21.  32.) 

In  Chicago,  four  years  and  until  successors  qualified.      (111.   VI 

28.) 
Four   years   and   until   successors   are   elected   and   qualified;    at 
first  election  in  any  township  to  lie  classified  as  shall  be  pre- 
scribed by  law.      i  Mich.  ATI  15.) 
Five  years.      (X.J.  VII  Sec.  II  8;  X.H.  II  74.) 
Six  years.      (Pa.  V   11;    Tenn.  VI   15.) 
Seven  years.      (Me.  VI  5:  Mass.  Pt.  II  Ch.  Ill  3.) 
To  hold  until  successors  are  qualified.      (  X.C.  IV  25. ) 
Begins  first  day  of  February  next  after  election.      (Vt.  II  48.) 
Begins  first  day  of  May  next  after  election.      IX.-T.  VII  Sec.  II  8.) 
Vacancies 

To  be  filled  as  provided  by  law.      (Ida.  V  10! ) 
Filled  by  clerk  of  general  trial  court  for  unexpired  term ;    clerk 
also  appoints  in  case  of  failure  of  voters  to  elect.      (N.C.  IN' 

28.) 
Filled   by    appointment    of   governor    for   unexpired   term.       (Md. 

IV  43.) 

To  be  filled  by  special  election  unless  occurring  six  months  before 

next  general  election,  when  filled  by  appointment  by  governor. 

i  Ark.  VI]   38,  50.) 
Filled  by  election  for  unexpired  term.     (Mich.  VII  15;  X.  J.  VII 

Sec.  II  8;  X.Y.  VI  17;  Wis.  VII  15.) 
Filled  by  election:   if  unexpired  term   does  not  exceed  one  year 
may    be    filled    by    appointment    a-    provided    by    legislature. 

(Xebr.  VI   21.) 
To  be   filled  by   board  of  county  commissioners  of  county   where 

occurring.     (Colo.  V]  29.) 
Filled   by   appointment   of   county   court   until   next   general   elec- 
tion.     (W.Va.  VIII   30.) 
Filled   by   appointment   of   commissioners'   court   until   next   gen- 
eral election  for  justices  of  peace,      il'ex.  A"  28,) 
Filled  by  appointment  of  board  of  county  commissioners  of  •    unty 
until   election   of   successor   for  unexpired   term.      (Mont.   VIM 

34.) 


468  State  Constitutions 


COURTS   (Cont'd) 

Justices  of  Peace  (Cont'd) 
Vacancies  (Cont'd) 

To  be  filled  by  election;  if  unexpired  term  does  not  exceed  one 
year,  by  appointment  by  board  of  supervisors,  or  board  of 
county  commissioners,  in  county  where  vacancy  occurs.      (111. 

VI  21,  32.) 

Juvenile  Courts 

Detailed  provisions  for  system  of.      (La.  US.) 

In  counties  and  cities  and  counties  having  population  exceeding 
100,000,  exclusive  original  jurisdiction  in  cases  involving  minors 
and    persons    whose    offenses    concern    minors,    may    be    vested    in 

separate  court.      (Colo.  VI  1.) 

General  trial  court  to  have  exclusive  original  jurisdiction  in  matters 
affecting  dependent,  neglected,  incorrigible  or  delinquent  children 
or  children  accused  of  crime,  under  the  age  of  IS  years. 
Judges  must  hold  examinations  in  chambers  of  all  such  children 
concerning  whom  proceedings  are  brought  in  advance  of  criminal 
prosecution  and  may  suspend  criminal  prosecution  for  any  offenses 
committed  by  such  children.     Powers  of  judges  to  control  children 

prescribed  by  law.     ( Ariz.  VI  6. ) 

Legislature  may  establish  juvenile  courts.      (NM.  VI  1.) 
Land  Registration  Courts 

Legislature  may  establish  such  court  or  courts  of  land  registration 
as  it  may  deem  proper  for  administration  of  any  law  it  may  adopt 
for  purpose  of  settlement,  registration,  transfer  or  assurance  of 
titles  to  land  in  state  or  any  part  thereof.      (Va.  VI   100.) 

Limitation  of  Actions 

Legislature  to  have  no  power  to  revive  remedy  which  may  become 
barred  by  lapse  of  time  or  by  any  statute  of  limitation  of  state. 

(Miss.  IV  97.) 

Legislature  to  have  no  power  to  revive  right  or  remedy  barred  by 
lapse  of  time  or  by  statute  of  state.     (Ala.  IV  95.) 

No  law  to  be  passed  lessening  time  within  which  action  may  be  com- 
menced on  cause  of  action  existing  at  time  of  passage.      (Fla.  Ill 

33.) 

Statutes  of  limitation  not  to  run  against  state  or  any  subdivision 
or   municipal   corporation  thereof.      (Miss.   IV    1041.) 

Prescription  not  to  run  against  state  in  any  civil  matter  unless 
otherwise  provided  in  constitution  or  by  law.     (La.  192.) 

No  appropriation  to  be  made  for  payment  of  claim  against  state, 
except  claims  of  United  States,  and  judgments,  unless  filed  within 
six  years  after  claim  accrued.      (Wis.  VIII  2.) 

Neither  legislature,  canal  board,  nor  any  person  acting  in  behalf  of 
state  to  audit,  allow  or  pay  claim  which  as  between  citizens  of 
state  would  be  barred  by  lapse  of  time;  this  provision  not  con- 
strued to  repeal  statute  fixing  time  within  which  claims  shall  be 
presented  or  allowed,  nor  shall  it  extend  to  claims  duly  presented 
jvithin   time   allowed   by   law   and   prosecuted   with   due   diligence 


Index   Digest  409 


COURTS   (Cont'd) 

Limitation  of  Actions   (Cont'd) 

from  time  of  such  presentment;   if  claimant    under  legal  disability 
claim  may  be  presented  within  two  years  after  disability  removed. 

(N.Y.  VII  G.) 
Xo  act  to  prescribe  limitation  of  time  within  which   suit    may  be 
brought    against   corporation,   different   from    general    laws    as    to 
natural  persons;  such  acts  now  existing  avoided.     (Pa.  Ill  21.) 
Of  civil  actions,  private,  local  or  special   law   prohibited.      (Ala.   IV 
104;   Ariz.  IV  19;   Cal.  IV  25:   Colo.  V   25;   Ida.  Ill   19-;   Ky.  59; 
Moi  IV  53;   Mont.  V  26;   N.M.  IV  24;   X.D.  II  69]   Okla.  V  46; 
Tex.  Ill  56;   Wash.  II  2S;  Wyo.  Ill  27.) 
Of  criminal  actions,  private,  local  or  special  law  prohibited.      (Ala. 
IV   104;    Cal.  IV  25;   Ida.  Ill   19;    Ky.   59;    N.M.   IV  24;    okla.   V 

4(i;   Tex.  Ill  o(>;  Wash.  II  28.) 
As  to  real  property,  See  Property  —  Real  Property  —  Prescription. 
Magistrates 

Where  a  justice  of  peace  has  civil  as  well  as  criminal  jurisdiction 
and  is  called  a  magistrate,  for  provisions  in  respect  to  his  election 
and  qualification  and  administrative  functions.  See  above,  tliis 
title,  Justices  of  Peace,  and  for  provisions  relating  to  jurisdic- 
tion, See  above,  this  title,  Justices'  Courts;  where  the  judicial 
function  of  the  magistrate  is  confined  to  police  jurisdiction,  See 
below,  this  title,  Police  Courts. 
See  also  above,  this  title.  Judges. 

Fees  or  duties  not  to  be  regulated  by  local  or  sj:>ecial   law.      (Mo. 

IV  53;    Pa.  Ill  7;   Tex.  Ill  56.) 
Powers    and    duties   not    to   be    regulated   by    local    or    special    law. 

(Minn.   IV   33.) 
Municipal  Courts 
Clerks 

In  city  having  court  in  whose  office  deeds  are  recorded,  clerk  to 
be  elected  for  eight  years  by  qualified  voter-,  to  perform  such 
other  duties  as  prescribed  by  law.  There  shall  be  elected  in 
same  manner  and  for  same  term  such  additional  clerks  of 
courts  for  cities  as  legislature  may  prescribe,  pr  a>  now  au- 
thorized by  law,  so  long  as  such  courts  continue,  but  in  no 
city  of  less  than  30,000  shall  there  be  more  than  one  clerk  of 
court,  who  shall  be  clerk  of  all  courts  of  record  in  city,      i  \"a. 

VIII  118.) 
Costs 

Legislature  to  impose  tax  on  all  civil  suits;  to  ((institute  fund 
to   be   applied  toward    payment   of    salary    of   judges.      I  Wis. 

VII  18.) 
Establishment,  See  above,  this  title,  Establishment. 
Judges 

Compensation 

Not  less  than  $2,006'  a  year  in  city  of  firs!  class;   can  be  in- 
creased, but  neither   increased  or  diminished   during  term 

of  otlicc.      (Va.  VI   103.) 


470  State  Constitutions 


COURTS    (Cont'd) 

Municipal  Courts   (Cont'd) 

Judges    (Cont'd) 

Compensa tion  ( Con t'd ) 

Payable  by  parishes  and  cities  in  which  they  are  established 

in  proportion  as  provided  by  law.      (La.  96.) 

Payable   out   of   state   treasury;    state  to  be   reimbursed  by 

city  for  one-half;    city  may  by  ordinance  increase  salary, 

such   increase  to   be  paid   wholly   by   city;    such   increase 

neither   to  be  enlarged  or   decreased   during  term;    cities 

of  second  class  to  pay  salary.      (Va.   VI    103.) 

Disqualified  to  Act  in  Particular  Cases 

Judges  of  general  trial  court  in  county  may  preside.      (Ga. 

VI  Sec.  V  1. ) 
Dual  Office  Holding 

Not  to  hold   any  other   office  of  public  trust  during  office, 

but  in  city  of  second  class  may  hold  office  of  commissioner 

in  chancery  or  general  trial  court  for  the  county  in  which 

city  is  located.      (Va.  VI  105.) 

How  Selected 

Appointed.      (Conn.  Amend.  XX.) 

Appointed  as  legislature  may  provide.     (S.D.  V  23.) 

Appointed   by  governor   in   same   manner   as   other   judicial 

officers.     (Me.  VI  S.) 

Appointed  jointly  by  both  houses  of  legislature.      ( Va.  VI 

99.) 
Number 

One  for  each  court.     (Va.  VI  99.) 
Power  to  Act  in  Other  Courts 

In  cities  having  charter  and  less  than  5,000  judge  of  cor- 
poration court  may  be  also  judge  of  corporation  court  in 
other  city  having  less  than  10,000.      (Va.  VI  99.) 
In  cities  of  first  class  may  hold  general  trial  courts  in  county 

or  city.     (Va.  VI  99.) 
Prohibition  on  Practice  of  Law 

Not  to  practice  law  within  or  without  state.     (Va.  VI  105.) 
Qualifications 

Same  qualifications  as  judges  of  highest  court.     (Va.  VI  99.) 
Residence 

In  cities  for  which  elected.      (S.D.  V  23,  37.) 
In    respective    cities   or    towns    for   which    elected.      (Xlont. 

VIII  33.) 

Within    jurisdiction   of  court,   but  in   cities  having  charter 

for  less  than  5,000  judge  may  reside  outside  limits.      (Va. 

VI  99.) 
Term  of  Office 

As  provided  by  law.      (Ala.  VI   168.) 

Not  to  be  longer  than  judges  of  general  trial  court.      (Wis. 

VII  2.) 
Two  years.      (Conn.  Amend.  XX.) 

Four  years.      (Me.  VI  8.) 
Eight  years.      (Va.  VI  99.) 


I.\i»i:.\   Digest  -171 


COURTS   (Cont'd) 

Municipal  Courts   (Cont'd) 
Judges    (Cont'd) 

YUCIIIK   i<  8 

If  elected,  filled  by  appointment  by  municipality.     (S.I).  V 

23,  37.) 
Judicial  Districts 

For  judicial  system,  cities  divided  into  two  classes:  first,  cities 
of  10,000  or  more  as  shown  by  United  States  census  or  other 
census  provided  by  law;  second,  cities  less  than  lo.ooO.  In 
city  containing  30,000  inhabitants  or  more,  legislature  may 
provide  additional  courts  as  required.  In  every  city  of  second 
class,  corporation  or  hustings  court  existing  at  time  of  consti- 
tution shall  continue  under  name  of  corporation  court  hut 
may  be  abolished  by  majority  vote  at  election  held  for  purp< 
and  whenever  the  office  of  judge  of  corporation  or  hustings 
court  of  city  of  second  class  whose  salary  is  less  than  $S00 
shall  remain  vacant  for  90  days  consecutively,  such  court 
shall  cease  to  exist ;  where  corporation  court  abolished  in  any 
city  of  second  class,  such  city  shall  come  within  jurisdiction 
of  circuit  court  until  otherwise  provided  by  law,  and  during 
its  existence,  circuit  court  shall  have  concurrent  jurisdiction 
with  corporation  or  hustings  court  in  all  actions  at  law  and 
suits  in  equity.      (Va.  VI  98,  116.) 

Jurisdiction 

As  provided  by  law.      (Nev.  VI  9.) 

Civil;    same  as  now  vested  in   justices'  courts.      (Ark.  VII  43; 

La.  96.) 
Civil;    same  as  now  vested  in  justices'  courts;    also  coextensive 

with  the  county  as  provided  by  law.     (S.D.  V  23.) 
Criminal;   same  as  now  vested  in  justices'  courts;   also  any  not 
punishable    by    death    or    imprisonment    in    the    penitentiary. 

(Ark.  VII  43.) 

Criminal;   same  as  now  vested  in  justices'  courts;   violation  of 

city  ordinances;   also  coextensive  with  county  as  provided  by 

law.      (S.D.  V  23.) 

Criminal;    violation    of    municipal    and    parochial    ordinances; 

offenses  punished  by  hard  labor;   preliminary  examination  in 

municipal  cases.     (La.  96.) 
Not  to  exceed  that  of  general  trial  courts  as  provided  in  consti- 
tution.    (Wis.  VII  2.) 
To  be  prescribed  by  legislature  for  municipal  courts   in  city  pi 
Chicago,  if  courts  established.      (111.  IV  34.) 
Name 

City  courts.      (Conn.  Amend.  XX.  i 

Corporation   court.      (Ark.  VIII  43;   Va.  VI   98.) 

Procedure 

To  be  prescribed  by  legislature  for  municipal  courts   in  city  of 
Chicago,  if  courts  established.      (111.  IV  34.) 


472  State  Constitutions 


COURTS   (Cont'd) 

Municipal  Courts   (Cont'd) 
Procedure    (Cont'd) 

Legislature  may  provide  for  appeal  from  one  jury  to  another  and 
court  may  grant  new  trial  on  legal  grounds.      (Ga.  VI  Sec. 

IV  6.) 
Sessions 

May  be  as  many  sessions  at  the  same  time  as  there  are  judges. 

(Cal.  VI  6.) 
Special  Organization  for  Baltimore 

Detailed  provisions.      (Md.   IV  27   ct  scq.) 
Special  Organization  for  New  Orleans 

Detailed  provisions  for.     (La.  143  et  seq.) 
New  Orleans  Courts 

Detailed  provisions  for.      (La.  130  et  seq.) 
Notaries  Public,  See  Notaries  Public. 
Officers 

See  also  Pltblic  Officers. 

Of  a  particular  court,  See  ilirotif/liout  this  title. 

No  person  related  to  any  judge  by  affinity  or  consanguinity  within 
degree  of  first  cousin  to  be  appointed  or  employed  by  judge  or 
court  in   any  office  or  duty  in  any  court  of  which  said  judge   a 

member.     (Utah  VIII  15.) 

Judges  may  appoint  such  officers  in  their  respective  courts  as  may  be 

necessary,  except  in  the  city  of  Baltimore  where  judges  of  supreme 

bench  of  Baltimore  city  shall  appoint  for  all  courts  of  city.     Fixed 

compensation  to  be  prescribed  by  law  for  all  such  officers.      (Md. 

IV  9.) 
Orphans'  Courts,  See  below,  this  title,  Probate  Courts. 
Oyer  and  Terminer,  Commissions  of 

No  commissions  of  oyer  and  terminer  or  general  jail  delivery  shall 
be  issued.      (Del.  I  14;  Pa.  I  15.) 
Oyer  and  Terminer,  Court  of 

See  also  above,  this  title,  General  Trial  Courts  for  Criminal  Cases 

Only. 
Chief  justice  and  four  associate  justices  to  constitute.  To  designate 
those  to  hold  court  in  several  counties,  no  more  than  three  to  sit 
together  in  any  court.  Chief  justice  when  present  to  preside;  in 
absence,  senior  associate  judge  present,  to  preside.  Three  to  con- 
stitute a  quorum;  one  judge  may  open  and  adjourn.  Sessions  pro- 
vided in  each  county  and  business  in  each  county  may  be  distrib- 
uted and  apportioned  in  such  manner  as  provided  by  rules  of  court. 
To  have  jurisdiction  and  powers  vested  by  law  in  court  of  oyer  and 
terminer,  coextensive  with  state;  process  to  issue  in  either  county, 
into  every  county.  Governor  to  have  power  to  commission  judge 
ad  litem  to  constitute  a  quorum;  commission  to  confine  office  to 
cause  and  to  expire  on  determination  of  same;  to  receive  reasonable 
compensation  to  be  fixed  by  legislature;  member  of  Congress  or 
person  holding  or  exercising  office  under  United  States  is  not  dis- 
qualified.    Court  to  have  power  to  direct   question  of  law  to  be 


l.M»K\     Dhjkst  17:1 


COURTS   {Cont'd) 

Oyer  and  TermeneBj  Court  of   (Cont'd) 

heard  in  cuurt  en  banc  upon  application  of  either  party;  this  court 
'to  consist  of  five  judges.      Chief  justice   to  pre^de   when    present, 
senior  associate  in   absence.      I'uur   to   constitute   a   quorum;    one 
may  open  and  adjourn  court.     (Del.  IV  5,  0,  9,  15,  18,  19.) 
Pleadim. 

In  a  particular  class  of  courts,  See  througitoitt  this  title. 
Distinction  between  law  and  equity,  See  above,   this  title,  ACTIONS. 
To  be  under  direction  of  legislature.      (Minn.  VI  14.) 
Legislature  may  provide  for  service  of  pleadings  in  all  civil  cases  by 

litigants   themselves.      (La.    129.) 
No  religious  or  political  test  oath  to  be  required  as  prerequisite  or 

qualification  to  plead.  (W.Va.  Ill  11.) 
No  judgment  to  be  set  aside  or  new  trial  granted  for  error  as  to  any 
matter  of  pleading,  unless  after  examination  of  entire  cause,  in- 
cluding evidence,  court  is  of  opinion  that  error  complained  of  has 
resulted  in  miscarriage  of  justice.  (Cal.  VI  4^  (1914).) 
No  criminal  cause  to  be  reversed  for  technical  error  in  pleading  when 
upon  the  whole  case  it  appears  that  substantial  justice  has  been 

done.     (Ariz.  VI  22.) 

In  criminal  causes  to  be  as  provided  by  law.      (Ariz.  VI  22.) 

Judges  may  admit  persons  charged  with  felony  to  plea  of  guilty  and 

pass  such  sentence  as  may  be  prescribed  by  law.      (Nebr.  VI  9.) 

Every  action  prosecuted  by  people  of  state  as  party  against  person 

charged  with  public  offense  to  be  termed  a  criminal  action.     (Ida. 

V  1;  N.C.  IV  1.) 
Amended  indictment  may  be  filed,  when  indictment  held  to  be  defect- 
ive in  form.     (Ore.  VII  5.) 
Police  Courts 
Abolishment 

Legislature  may  abolish  in  Chicago  if  municipal  courts  created. 

(111.  IV  34.) 
Appeals  from 

As  provided  by  law.     (N.D.  IV  114;  Wyo.  V  23.i 
Legislature  may  confer  jurisdiction  of  criminal  cases  where  pun- 
ishment is  less  than  imprisonment  in  state  prison,  subject  to 
right  of  appeal  and  trial  by  jury.     (N.H.  IT  7G.) 

Establishment,  See  above,  this  title,  Establishment. 
Jurisdiction 

Cases  in  which  debt  or  sum  claimed  exceeds  $200,  exclusive  of 

interest.  (N.M.  VI  26.) 
Civil,  as  conferred  by  law  in  cities  of  the  fourth  and  fifth  class 
and  towns  of  the  sixth  class  having  a  population  of  2.1(1.000 
or  more;  jurisdiction  uniform  throughout  the  state;  not  to 
exceed  that  of  justices'  courts.  (Ivy.  143.) 
Civil,  as  provided  by  law  where  amount  in  controversy  exceeds 
fj>2QQ;    none   where   boundary   of   or   title    to   laud    is    involved. 

(Nebr.  VI  IS.) 


474  State  Constitutions 


COURTS   (Cont'd) 

Police  Coubts   (Cont'd) 
Jurisdiction   (Cont'd) 

Legislature  may  confer  jurisdiction  of  criminal  cases  where  pun- 
ishment is  less  than  imprisonment  in  state  prison.      (N.H.  II 

76.) 
Criminal,  where  punishment  does  not  exceed  three  months'  im- 
prisonment or  a  fine  of  over  $100.      (Nebr.  VI  18.) 
In  all   cases  arising   under   the  ordinances   of   cities   and  towns 
respectively.      (Colo.   VI   26;    Ky.    143;    Mont.   VII   24;    S.D. 

V  23.) 
Cases  arising  under  the  ordinances  of  cities,  towns  and  villages; 

legislature  may  confer  jurisdiction  in  cases  of  misdemeanor. 

(N.D.  IV  113.) 
To  he  uniform.     (111.  VI  21.) 

Not  to  be  regulated  by  private,  local  or  special  law.     ( Cal.  IV  25 ; 
Colo.  V  25;  111.  IV  22;  Mont.  V  26;  Nebr.  Ill  15;  N.M.  IV  24; 

N.D.  II  69;  Wyo.  Ill  27.) 
Magistrates 

See  also  above,  litis  title,  Magistrates. 
Compensation 

As  prescribed  by  law.      (111.  VI  32;  Nebr.  VI  20.) 
As  municipal  charter  may  determine.    (Cal.  XI  8V£  (1914).) 
Duties  in  Other  Courts 

Ex  officio  justices   of  peace  for   respective  counties.     (N.D. 

IV  115;  S.D.  V  23.) 
How  Selected 

Appointed.      (Conn.  Amend.  XX.) 

Appointed   by   governor   in   same  manner   as   other   judicial 

officers.     (Me.  VI  8.) 
Elected.      (N.D.  IV  113.) 

Elected  by  ele.ct.6rs  in  precinct  of  district  as  provided  by  law. 

(N.M.  VI  26.) 
Elected    by    electors    in    respective    districts.       (111.    VI    21; 

Nebr.  VI  18.) 
Elected  or  appointed  as  provided  in  municipal  charter.     (Cal. 

XI  Sy2    (1914).) 
Legislature  to  have  power  to  provide  for.      (Colo.  VI  26.) 
Justices   of   peace   may   act   in   incorporated   cities.      (Ariz. 

VI  9.) 
Justices  of  peace  may  act  in  incorporated  cities  and  towns. 

(Wash.  IV  10.) 
Limitations  on  Legislative  Control 

Not  to  he  regulated  by  private,  local  or  special  law.      (Cal. 
IV  25;  Colo.  V  25;  111.  IV  22;  Mont.  V  26;  Nebr.  Ill  15; 
N.M.  IV  24;  N.D.  II  69;   Wyo.  Ill  27.) 
Number 

As  provided  by  law.     (Nebr.  VI  18.) 

Such  as  deemed  from  time  to  time  necessary  or  expedient. 

(Colo.  VI  26.) 


Index  Digest  475 


COURTS   (Cont'd) 

Police  Courts   (Cont'd) 
Magistrates    (Cont'd) 
Qualifications 

As  municipal  charter  may  determine.     (Cal.  XI  8V£  (1914).) 
Removal 

To  be  removed  on  prosecution  and  final  conviction  for  mis- 
demeanor in  office.      (111.  VI  21,  30.) 
Residence 

In  district  for  which  elected.     (111.  VI  32;  Nebr.  VI  20.) 
In  city  or  town  for  which  elected.     (Mont.  VIII  33.) 
In  city  or  town  for  which  elected  or  appointed.     (S.D.  V  23, 

37.) 
Term   of   Office 

Two  years.      (Conn.  Amend.  XX.) 

Two  years  and  until  successor  qualified.     (Nebr.  VI  20.) 
Four  years.     (Me.  VI  8.) 

Four  years,  and  until  successors  qualified.     (111.  VI  21.  32.) 
Vacancies 

To  be  filled  by  appointment  by  municipality  for  unexpired 

term.     (S.D.  V  23.  37.) 
Filled  by  election :    if   unexpired  term   does   not  exceed   one 
year  may  be  filled  by  appointment  as  provided  by  legisla- 
ture.    (Nebr.  VI  21.) 
To  be  filled  by  election;   if  unexpired  term  does  not  exceed 
one  year,  by  appointment  by  board  of  supervisors,  or  board 
of  county  commissioners,  in  county  where  vacancy  occurs. 

(111.  VI  21,  32.) 
Name 

Police  justices.      (Wash.  IV  10.) 

Police  magistrates.     (Colo.  VI  26;  111.  VI  21;  N.D.  IV  113;  S.D. 

V  23.) 
Police  magistrate  courts.      (Wyo.  V  23.) 
Number 

May  be   established   in   each   county   and   town   in   state.      (Kv. 

143.) 
Prerogative  Court 

See  also  below,  this  title,  Probate  Courts. 

Chancellor  to  be  "judges  of  the  prerogative  court";  persons  ag- 
grieved by  order,  sentence  or  decree  of  orphans'  court  may  appeal 
to  prerogatn-e  court;  but  order,  sentence  or  decree  not  to  1"' 
removed  into  highest  court  or  circuit  court  if  subject-matter 
within  jurisdiction  of  orphans'  court.  Secretary  of  state  to  lie 
register  of  court  and  perform  duties  required  by  law  in  that 
respect.  (N.J.  VI  Sec.  IV  2-4.) 
Probate  Coitjts 

For  jurisdiction  of  general  trial  courts  in  probate  matU  rs,  See  above, 
this  title,  General  Trial  Courts  —  Jurisdiction  —  Original. 

For  jurisdiction  of  count}/  courts  in  probate  »i<ilt>rs.  Se<    above,  this 
title.  County  Courts  —  Jurisdiction  —  Original. 


476  State  Constitutions 


COURTS   (Cont'd) 

Probate  Courts  (Cont'd) 

For  jurisdiction  of  chancer)/  courts  in  jyrobatc   matters.  See  above, 

this  title,  Chancery  Courts. 
Abolishment 

Legislature  may  abolish  office  of  judge  of  probate  in  any  county 
and  confer  powers  upon  such  inferior  courts  as  may  be  estab- 
lished in  county.      (Wis.  VII  14.) 
Character 

To  be  court  of  record.     (Ida.  V  20;  Kan.  Ill  8;  Md.  IV  1;  Mich. 
VII  17;  Minn.  VI  7;  Mo.  VI  34;  X.M.  VI  23;  Ohio  IV  7.) 
Clerks 

See  also  above,  this  title,  Clerks. 
Dual  Office  Holding 

Not  to  hold  office  of  judge  of  highest  court  or  of  any  inferior 
court,  attorney-general,  county  attorney,  state  treasurer, 
adjutant-general,  judge  of  probate,  register  of  deeds, 
sheriff,  deputy  sheriff,  clerk  of  court  or  member  of  legis- 
lature;   election   to    and    acceptance   of   seat   in    Congress 

vacates  office.     (Me.  IX  2.) 

Ineligible  to  legislature;  election  to  and  acceptance  of  office 

to  be  resignation   from   legislature;    not  to  hold  office  of 

judge  of  probate,  sheriff  or  register  of  deeds.      (Mass.  Pt. 

II  Ch.  VI  2.) 
How  Selected 

Elected  by  qualified  electors  at  general  election.      (Del.  Ill 

22.) 
Elected  at  annual  election  on  second  Monday  of  September. 

(Me.  VI  7.) 
Elected  by  people  of  several  counties.     (Mass.  Amend.  XIX.) 
By  electors  of  the  several  towns  in  the  several  counties  ac- 
cording to  method  now  practiced  and  laws  of  state;  legis- 
lature to  have  power   to   alter  manner  of  certifying  the 
votes  and  mode  of  election,  but  not  so  as  to  deprive  people 
of  right  of  election.      (X.II.  II  70.) 
Judge  to  appoint  when  none  elected.      (Minn.  VI  7.) 
Surrogates  elected  by  people  of  respective  counties.      (X.J. 

VII  Sec.  II  6.) 
Legislature  may  provide  for  separate  clerk.      (Mo.  VI   35; 

Ohio  IV   16.) 
Until    otherwise    provided   by   law,   county   clerk    shall   act. 

(X.M.  VI  22.) 
In  counties  where  court  is  separately  organized,  register  of 

wills  acts.      (Pa.  V  22.) 

In  counties  of  less  than  15.000,  clerk  of  general  trial  court 

acts;  in  counties  over  15,000,  clerk  of  county  court  acts. 

(Ark.  VII  19.) 
Clerk   of  general   trial   court   acts  unless  legislature  directs 
special  election.      (Ohio  IV  10.) 


Index  Digest  477 


COURTS    (Cont'd) 

Pkobate  Courts  (Cont'd) 
Clerks   (Cont'd) 

How  Selected    (Cont'd) 

Judge  may  be  required  to  act  as  his  own  clerk.     {  Mk>.  VI  35; 

Ohio  IV  16.) 
Assistant  clerks  may  be  appointed  by  clerk  with  consent  and 
approval  of  court.      (Pa.  V  22.) 
Location  of  Office 

In   town   Or   place   in   county   where  general    trial   court  is 

usually  held.     (Del.  Ill  23.) 
Name 

Register  of  probate.      (N.H.  II  70.) 
Poacr  of  Appointment 

May  appoint,  assistant  clerks  with  consent   and  approval  of 

court.     (Pa.  V  22.) 
Term  of  Office 

Four  years.     (Del.  Ill  22.) 

Four  years  from  1st  of  January  after  election.     (Me.  VI  7.) 
Five  years  for  surrogates.      (N.J.  VII  Sec.  II  6.) 
Vacancies 

Filled  by  appointment  by  governor  with  consent   of  council 
until  election;   appointee  holds  until   1st  day  of  January 
after  election  to  fill  vacancy.     ( Me.  VI  7. ) 
In   office   of   surrogate,   rilled   by  governor   till    successor   is 

elected.      (N.J.  V  12.) 
Combined  with  Other  Courts 

Whenever  10  per  cent,  of  all  electors  voting  for  governor  at  next 
preceding  election  in  any  county  having  less  than  60,000  popu- 
lation, as  determined  by  next  preceding  federal  census,  shall 
petition  judge  of  general  trial  court  of  any  such  county  not 
less  than  90  days  before  general  election  for  county  officers, 
judge  of  said  court  to  submit  to  electors  of  county  question  of 
combining  probate  court  with  general  trial  court.  Elections 
may  be  had  in  same  manner  for  separation  of  such  courts  when 

once  combined.     (Ohio  IV  7.) 
Costs  and  Fees 

Accounts  filed  with  clerk   audited   by   court    without    expense  to 
parties,  except  where  all  parties  nominate  auditor  whom  court 
may.  in  its  discretion,  appoint.      ( l'a.  V  ±2.) 
Establishment,  See  abore,  tliis  title,  Estaiu.inhmknt. 
Judges 

See  also  above,  this  title,  Jtix.ES. 
Ad  Litem  Appointees 

Legislature  may  provide  for  appointment  or  selection  of  pro- 
bate judge  pro  tern,  when  judge  is  unavoidably  absent  or 

disqualified.     (Kan.  Ill  8.) 
If  judge  disqualified,  to  certify    facta  to  governor  who  shall 
commission  special  judge  pro  tern.     (Ark.  VII  36.) 


478  State  Constitutions 


COURTS    (Cont'd) 
•       Probate  Courts   (Cont'd) 
Judges   (Cont'd) 

Ad  Litem  Appointees   (Cont'd) 

Legislature  may,  on  application  of  board  of  supervisors,  pro- 
vide for  election  of  local  officers,  not  to  exceed  two  in  each 
county,   to   discharge  duties  of   surrogate,   in   case   of   in- 
ability.    (N.Y.  VI  16.) 
Compensation 

As  provided  by  law.     (Ark.  VII  37;  111.  VI  20,  32;  Kan.  Ill 

8;  Minn.  VI  7;  Ohio  IV  7.) 
As  provided  by  law;  not  to  be  increased  or  decreased  during 

term.     (N.Y.  VI  15.) 
Per  diem  for  time  actually  in  session,  regulated  by  law  and 

paid  by  county  or  city  of  Baltimore.      (Md.  IV  40.) 

Payable  as  provided  by  law.     (Ark.  VII  37;  Minn.  VI  7.) 

Payable  out  of  county  treasury.      (N.Y.  VI  15;  Ohio  IV  7.) 

Prohibition  against  receiving  any  fees  if  counsel  in  probate 

business  which  is  pending  or  may  be  brought  within  any 

court  of  probate  in  county  over  which  he  is  judge.     (N.H. 

II  80.) 
Dual  Office  Holding 

Not  to  hold  office  of  register  of  probate,  sheriff  or  register  of 
deeds;  ineligible  to  legislature,  election  to  and  acceptance 
of  office  to  be  resignation  from  legislature;  same  rule  ap- 
plies if  he  accepts  seat  in  governor's  council.      ( Mass.  Pt. 

II  Ch.  VI  2.) 
Not  to  hold  office  of  judge  in  the  highest  court  or  of  any 
inferior  court,  attorney -general,  county  attorney,  treasurer 
of  state,  adjutant-general,  register  of  probate,  register  of 
deeds,  sheriff, .  deputy  sheriff  or  clerk  of  court  or  seat  in 
legislature;  election  to  and  acceptance  of  seat  in  Congress 

vacates  office.     (Me.  IX  2.) 
Cannot  hold   office  of   sheriff   or   register   of   deeds.      (N.H. 
'  II  93.) 

Duties 

As  prescribed  by  law.      (111.  VI  32;  Mich.  VII  13;  Wis.  VII 

14.) 
How  Selected 

Elected  by  electors  in  counties.      (Ida.  XVIII  6;  Kan.  Ill  8; 

Md.  IV  40;  Minn.  VI  7;  Mo.  VI  34;  Ohio  IV  7.) 
Elected  by  electors  of  counties  by  plurality  of  vote  at  annual 

election  on  second  Monday  of  .September.      (Me.  VI  7.). 
Elected  by  electors  of  counties  on  the  Tuesday  succeeding 

the  first  Monday  in  November.      (Mich.  VII  14.) 
Elected  by  qualified  electors  of  counties  at  times  provided  by 
law,  exbept  as  herein  provided;  change  in  mode  or  time  of 
election  not  to  affect  right  of  judge  to  hold  for  full  term. 

(Ala.  VI  152,  155.) 


Index  Digest  479 


COURTS   (Cont'd) 

Probate  Courts  (Cont'd) 
Judges   (Cont'd ) 

How  Selected    (Cont'd) 

Elected  by  electors  in  districts  on  Tuesday  after  lirst  Monday 
of    November,    1S7U,    and    biennially    thereafter.       (Conn. 

Amend.  XXI.) 
Elected  by  electors  in  counties;  county  judge  tp  be  surrogate 
in  his  county,  except  where  separate  surrogate  elected;  in 
counties  exceeding  40,000  where  there  is  no  separate  sur- 
rogate, legislature  may  provide  for  election  of  separate 
officer  to  be  surrogate;  legislature  may  confer  on  general 
trial  court  in  county  over  400,000,  powers  and  jurisdiction 
of  surrogates,  with  power  to  try  issues  of  fact  by  jury  in 

probate  cases.     (N.Y.  VI  15.) 

Elected  on  Tuesday  after  first  Monday  in  November,   1914, 

and   biennially  thereafter;    same  as  election   of   senators; 

detailed  provisions  for  returns  and  canvass.      (Vt.  II  35, 

46,  49.) 
Surrogates  elected  by  people  of  respective  counties.      (N.J. 

VII  Sec.  II  6.) 
Elected  when  court  is  established.     (111.  VI  20.) 
Judges  of  general  trial  court  for  civil  cases  to  act  as  judges 
in   those  counties  where  court  not   separately   organized. 

(Pa.  V  9.) 
Chancellor  and  resident  associate  judge  to  constitute  orphans' 

court  in  each  county.      (Del.  IV  11.) 
Judge  of  county  court  acts  ex  officio.      (Ark.  VII  34.) 
Number 

One  for  each  court.      (Ga.  VI  Sec.  VI  1;  Kan.  Ill  8;  Minn. 

VI  7;  Mo.  VI  34;  Wis.  VII  14.) 
One  or  more  in  counties  with  more  than  100.000  inhabitants. 

(Mich.  VII   14.) 
One   or   more   in   county   where   court   separately   organized. 

(Pa.  V  22.) 
Three  for  each  court.     (Md.  IV  40.) 
Prohibition  on  Practice  of  Law 

In  counties  exceeding  120,000  not  to  practice  as  attorney  or 
counsellor  in  any  court  of  record  in  state  or  act  as  referee; 
similar   provisions   in   other   counties   if  provided  by   law. 

(N.Y.  VI  20.) 
Shall  not   act  as  in  any  probate  business  which  is  pending  or 
may   be  brought  into  any  court  of  probate   in   county   of 
which  he  is  judge.      (N.H.  II  80.) 
Qualifications 

Attorney  and  counsellor  of  state,  except  in  county  of  Hamil- 
ton.     (N.Y.  VI  20.) 
Citizen  of  state.      (  Md.  IV  40.) 
Learned  in  the  law.      (Pa.  V  22.) 

Resident  for   12  months   preceding  election.      (Md.   IV  40.) 
Resident   in  county   at  time  of  election.      (Minn.  VI   7.) 


480  State  Constitutions 


COURTS   (Cont'd) 

Pkobate  Courts  (Cont'd) 
Judges   (Cont'd) 
Residence 

In  county  for  which  elected.     (111.  VI  20,  32.) 
In  county  during  their  term  of  office.      (Kan.  Ill  11;  Minn. 

VI  7.) 
Retirement  on  Account  of  Age 

Not   to  hold   office  longer  than  last  day  of  December  next 
after  reaching  70  years  of  age.     X.Y.  VI  15.) 
Term  of  Office 

Two  vcars.      (Ida.  XVIII  6;  Kan.  Ill  8;  Minn.  VI  7;  Vt.  II 

48.) 
Two  years  and  until  successor  qualifies.      (Wis.  VII  14.) 
Four  years.      (Me.  VI  7;  Ohio  XVII  14.) 
Four  years  and  until  successor  qualifies.     ( Ga.  VI  Sec.  VI  2 ; 

111.  VI  20,  32.) 
Same;  mechanical  provisions  for  ending  at  different  times; 
when  two  or  more  in  one  court,  legislature  may  provide 
for  election  at  alternate  biennial  election.  (Mich.  VII  14.) 
Five  years  for  surrogates.  (X.J.  VII  Sec.  II  6.) 
Six  years  and  until  successor  qualifies.  (Ala.  VI  155.) 
Six  vears  except  in  county  of  Xew  York  where  14.      (X.Y. 

VI  15.) 
Begins  1st  day  of  January  after  election.      (Me.  VI  7.) 
Begins  1st  day  of  February  after  election.     (Vt.  II  4S.) 
Vacancies 

To  be  filled  by  election,  but  if  unexpired  term  does  not  ex- 
ceed one  year  by  appointment  by  governor.      (111.  VI  20, 

32.) 

Filled  by  appointment  of  governor  until  election;  appointee 

holds  until  1st  day  of  January  after  election.     (Me.  VI  1  .\ 

Filled  by  appointment  of  governor  with  consent  of  senate; 

appointee  holds  for  residue  of  term.      (Md.  IV  40.) 
In  office  of  surrogate  filled  by  governor,  until  successor  is 

elected.  (X.J.  V  12.) 
Filled  in  same  manner  as  vacancies  in  general  trial  court; 
legislature  may,  on  application  of  board  of  supervisors, 
provide  for  election  of  local  officers  not  exceeding  two  in 
number  to  discharge  duties  of  surrogate,  in  case  of  in-i 
ability  or  vacancy,  and  in  such  other  case  as  may  be  pro- 
vided by  law,  and  to  exercise  such  other  powers  in  special 
cases  as  provided  by  law.  (X.Y.  VI  15,  16.) 
Judgments 

Appeals  allowed  to  prerogative  court  from  orders,  sentences  or 
decrees;  but  these  shall  not  be  removed  into  intermediate  court 
of  appeals  or  general  trial  court  if  subject-matter  within  juris- 
diction of  probate  court.  (X.J.  VI  Sec.  IV  3.) 
Final  except  when  opinion  of  judges  opposed,  or  when  decision 
made  by  one  of  them,  or  when   decision  is  made  by  both  of 


Tndkx     |)|<;KST  1^1 


COURTS    (Cont'd) 

Probate  Courts  (Cont'd) 
Judgments    (Cont'd) 

them  in  matters  involving  right  to  real  estate  or  value  thereof, 
and  in  all  matters  affecting  guardians  or  guardians'  accounts, 
in  which  cases  appeal  to  general  trial  court  for  civil  cases 
only,  whose  decision  is  final.  (Del.  IV  11.) 
Appeal  to  general  trial  court  for  civil  cases  only,  in  cases 
decided  by  court  where  register  of  wills  interested  on  ques- 
tions concerning  probate  of  wills,  granting  of  letters  of  admin- 
istration or  executors'  or  administrators'  accounts;  decision  on 

appeal  final.      (Del.  IV  33.) 
Jurisdiction 

Matters  pertaining  to  orphans'  business;  power  to  grant  letters 

testamentary  and  administration.      (Ala.  VI  149.) 
Matters  relative  to  probate  of  wills,  estate  of  deceased  persons, 
executors,  administrators,  guardians  and   persons  of  unsound 
mind  and  their  estate  as  now  vested  in  general  trial  court  or 
may  be  hereafter  conferred  by  law.     (Ark.  VII  34.) 
As   prescribed   by   law;    legislature  may  repeal   or   alter   act  of 
legislature  giving  jurisdiction  or  power  to  court  in  any  matter, 
and  may  confer  jurisdiction  and  powers  in  addition  to  those 
mentioned  in  constitution.     (Del.  IV  11,  20.) 
When  judge  of  register's  court  is  interested  in  question  concern- 
ing probate  of  wills,  granting  of  letters  of  administration,  or 
executors  for  administrators'  accounts.     (Del.  IV  33.) 
Exceptions   to   settlements   by   register   of   wills   of   accounts   of 

executors  and  administrators.      (Del.  IV  34.) 
Powers  of  court  of  ordinary  and  probate.     (Ga.  VI  Sec.  VI  1.) 
Matters  of  probate,  settlement  of  estates  of  deceased  persons,  ap- 
pointment of  guardians;   all  civil  cases  where  amount  in  con- 
troversy does  not  exceed  $500,  exclusive  of  interest;  concurrent 
with  justices'  courts  in  criminal  cases.      (Ida.  V  21.) 
Probate  matters,  settlement  of  estates  of  deceased  persons,  ap- 
pointment  of   guardians    and   conservator,    and    settlement   of 
their   accounts   in   all  matters   relating  to  apprentices  and   in 
cases  of  sales  of  real  estate  of  deceased  persons  for  payment  of 

debts.     (111.  VI  20.) 

As  conferred  by  law  in  matters  of  probate  jurisdiction  and  care 

of  estates  of  deceased  persons,  minors  and  persons  of  unsound 

mind.      (Kan.   Ill  8.) 
As  conferred  by  law.     (Md.  IV  40;  Wis.  VII  14.) 
As  conferred  by  law;  cases  of  juvenile  delinquents  and  defendants. 

(Mich.  VII  13.) 

Over  estates  of  deceased   persons;    persons  under  guardianship; 

no    other    jurisdiction    except    as    prescribed    by    constitution. 

(Minn.  VI  7.) 
Probate  business,  granting  letters   testamentary,   and   of  admin- 
istration, appointment  of  guardians  and  curators  of  minors  and 
persons  of  unsound  mind,  settling  accounts  of  executors,  ad- 

16 


482  State  Constitutions 


COURTS    (Cont'd) 

Probate  Courts  (Cont'd) 
Jurisdiction    (Cont'd) 

ministrators,  curators  and  guardians,  and  the  sale  or  leasing 
of  lands  by  them;  in  matters  pertaining  to  apprentices.     (Mo. 

VI  34,,) 
Matters  relating  to  probate  of  wills  and  granting  letters  of  ad- 
ministration to  be  exercised  by  judges  of  probate  in  manner 

prescribed  by  law.  (N.H.  II  79.) 
Until  otherwise  provided  by  law  to  have  same  jurisdiction  as  is 
now  exercised  by  the  probate  courts  of  the  territory  of  New 
Mexico;  such  civil  coextensive  with  county  as  conferred  by 
law;  none  in  any  action  against  officers  for  misconduct  in 
office;  none  where  boundaries  or  possession  of  or  title  to  land 
involved  or  in  action  for  specific  performance  of  contracts  for 
sale  of  real  estate;  as  conferred  by  law  in  misdemeanors  where 
punishment  cannot  be  imprisonment  in  the  penitentiary  or  in 
which  the  fine  cannot  be  in  excess  of  $1,000;  none  in  slander 
and  libel,  divorce  or  actions  for  malicious  prosecution;  juris- 
diction may  be  conferred  on  judges  to  act  as  examining  and 
committing  magistrates  in  criminal  cases.  (N.M.  VI  23.) 
Powers  which  the  surrogate  and  existing  surrogate  courts  now 

possess  until  otherwise  provided  by  law.     (N.Y.  VI  15.) 
In   probate   and   testamentary   matters,   appointment   of   admin- 
istrators and  guardians,  settlements  of  accounts  of  executors, 
administrators   and   guardians;    such   as   issuing   of   marriage 
licenses  and  other  jurisdiction  conferred  by  law.     (Ohio  IV  8.) 
As  conferred  by  law,  including  jurisdiction  of  a  register's  court, 
which  court  is  abolished.      (Pa.  V  22.) 
Name 

Where  called  probate  court  reference  not  given. 
Court  of  ordinary.      (Ga.  VI  Sec.  VI  1.) 
Orphans.      (Pa.  V  22.) 
Surrogate  court.     (X.Y.  VI  15.) 
Number 

Legislature  may  establish  one  in  each  county.     (Ala.  VI  149.) 
One  in  each  county.      (Kan.  Ill  8;  Md.  IV  40;  Mo.  VI  34;  N.M. 

VI  23;  Ohio  IV  7;  Wis.  VII  14.) 
One  in  each  organized  county.     (Mich.  VII  13;  Minn.  VI  7.) 
Quorum 

One  judge   (out  of  two).     (Del.  IV  11.) 
Registers,  See  above,  this  subdivision,  Clerks. 
Registers'  Courts,  See  beloiv,  this  title,  Registers'  Courts. 
Register  of  Wills,  See  below,  this  title,  Register  of  Wills. 
Seal 

To  be  the  seal  of  the  county  courts.     (Okla.  Sched.  24.) 
To  have  a  commpn  seal.     (Mich.  VII  17.) 

To  have  seal  to  be  used  in  authentication  of  all  process.      (Md. 

IV  1.) 


Index  Digest  483 


COURTS    (Cont'd) 

Pkobatk  Courts  (Cont'd) 

Time  and  Place  of  Holding 

As  prescribed  by  law.     (Minn.  VI  7;  N.H.  II  79.) 

As  prescribed  by  law,  but  until  so  prescribed,  as  respective  judges 

sball  direct.     (Mass.  Pt.  II  Ch.  Ill  4.) 
Open  at  all  times.     (Ohio  IV  7.) 

Time  as  prescribed  by  law.      (Ark.  VII  34;  Kan.  Ill  8.) 
Transfer  of  Cases 

See  also  below,  lliis  title,  Trials  —  Change  of  Venue. 
If  judge  disqualified,  case  transferred  to  general  trial  court  of 

same  county.     (N.M.  VI  23.) 
Uniformity  of  Provisions  Relating  to 

To  be  uniform  in  organization,  jurisdiction,  duties  and  practice, 
except  that  separate  clerk  may  be  provided  for  or  judge  may 
be  required  to  act  ex  officio  as  his  own  clerk.     (Mo.  VI  35.) 
Writs,  Power  to  Issue 

Habeas  corpus.     (Kan.  Ill  8.) 

Habeas  corpus  as  conferred  by  law.      (Ohio  IV  8.) 
No  power  to  grant  writs  of  habeas  corpus,  injunction  or  ordinary 

writs.     (N.M.  VI  23.) 
Procedure 

On  Appeals,  See  above,  this  title,  Appeals. 
Attachments 

Issued   and  served  on   legal  holidays  and  on  non-judicial  days. 

(Ariz.  VI  8.) 
Criminal  Cases 

Proceedings  to  be  as,  prescribed  by  law.     (Ariz.  VI  22.) 
No  criminal  case  to  be  reversed  for  technical  error  in  proceed- 
ings when  upon  the  whole  case  it  appears  that  substantial  jus- 
tice has  been  done.     (Ariz.  VI  22.) 
If  indictment  quashed,  person  charged  not  to  be   released,   but 
held  to  answer  information  or  affidavit,  if  probable  cause  of 

guilt.      (Tex.  V  17,.) 

When   after  conviction  new  trial  granted,  defendant  not  to  be 

tried   for   offense   or   degree   of   offense  greater   than   one   for 

which  convicted.     (N.M.  II  15.) 
Amended  indictment  may  be  filed  by  district  attorney  when  in- 
dictment held  to  be  defective  in  form.      (Ore.  VII  5.) 
Bail,  See  Bail. 

Form  of  accusation,  See  Crimes. 

Preliminary  examinations,  See  below,  this  title,  Trials. 
Special  rights  of  accused,  See  Crimes  —  Rights  of  Accused. 
English  Language 

Written  judicial  proceedings  of  the  state  conducted,  promulgated 

and  preserved  in.      (Mich.  XVI  6.) 
Same;  but  legislature  may  provide  that  judicial  advertisements 
in  "certain  designated  cities  and  parishes",  shall  also  be  made 
in  French  language.      (La.  165.) 


484  State  Constitutions 


COURTS    (Cont'd) 

Procedure  (Confd) 
Error  in 

No  judgment  to  be  set  aside  or  new  trial  granted  for  any  error 
as  to  any  matter  of  procedure,  unless  after  examination  of 
entire  cause,  including  evidence,  court  is  of  opinion  that  error 
complained   of  has  resulted  in  miscarriage  of  justice.      (Cal. 

VI  41/2    (1914).) 
If  highest  court  of  opinion  after  consideration  of  all  matters  sub- 
mitted,  that   judgment   of   court   appealed   from   was   correct, 
judgment  to  be  affirmed,  notwithstanding  error  committed  dur- 
ing trial.     (Ore.  VII  3.) 
No  criminal  case  to  be  reversed  for  technical  error  in  proceedings, 
when  upon  the  whole  case  it  appears  that  substantial  justice 

has  been  done.  (Ariz.  VI  22.) 
No  judgment  or  decree  in  any  chancery  or  general  trial  court 
rendered  in  civil  case  to  be  reversed  or  annulled  on  ground  of 
want  of  jurisdiction  to  render  such  judgment  or  decree,  from 
error  or  mistake  as  to  whether  cause  in  which  rendered  was  in 
equity  or  common-law  jurisdiction,  but  if  highest  court  finds 
error  in  proceedings  other  than  as  to  jurisdiction,  and  it  is 
necessary  to  remand  case,  it  may  remand  it  to  any  court  which, 
in  its  opinion,  can  best  determine  controversy.  (Miss.  VI  147.) 
Feigned  Issues 

Abolished;    fact   at   issue  tried   by   order   of   court  before   jury. 

(Ida.  V  1;  N.C.  IV  1.) 
Garnishment 

Current  wages  for  personal  service  not  subject  to.      (Tex.  XVI 

28.) 
Pleading,  See  above,  this  title,  Pleading. 
Process,  See  below,  this  title,  Process. 
Regulation 

Legislature  to  provide  a  general  system  in  all  courts  of  state. 

(Iowa  V  14.) 
Proceedings  in  courts  to  be  under  direction  of  legislature.    (Minn. 

VI  14.) 

Legislature  to  regulate  methods  of  proceeding  in  exercise  of  their 

powers,  of  all  courts  below  highest.     (Ida.  V  13;  N.C.  IV  12.) 

Highest  court  to  make  rules  and  amend  practice  in  all  courts  of 

record.      (Mich.  VII  5;  Tex.  V  25.) 
Highest  court   to  make   rules  governing   proceedings   in   equity. 

(Md.  IV  18  j 
Not  to  be  regulated  by  local,  private  or  special  law.  (Ariz.  IV 
19;  Cal.  IV  25;  Colo.  V  25;  Fla.  Ill  20;  Ida.  Ill  19;  111.  IV 
22;  Ind.  IV  22;  La.  48;  Miss.  IV  90;  Mo.  IV  53;  Mont.  V  26; 
Nebr.  Ill  15;  Nev.  IV  20;  N.M.  IV  24;  N.D.  II  69;  Okla.  V 
46;  Ore.  IV  23;  Pa.  Ill  7;  Tex.  Ill  56;  Utah  VI  26;  Va.  IV 

63;  W.Va.  VI  39;  Wyo.  Ill  27.) 

Not  to  be  regulated  by  local  or  special  law,  but  practice  in  circuit 

courts  in  continuous  session  may,  by  general  law,  be  made  dif- 


Inde:r  Digest  485 


COURTS    (Cont'd) 

Procedure  (Cont'd) 

Regulation    (Cont'd) 

ferent  from  the  practice  of  circuit  courts  held  in  terms.     (Ky. 

59.) 
No  act  of  legislature  to  change  rules  of  procedure  in  any  pending 

v  case.     (X.M.  IV  34.) 

Survival  of  Actions 

No  suit  in  chancery  or  at  law  where  cause  of  action  survives,  to 
abate,  but  until  legislature  otherwise  provides,  suggestion  of 
death  being  entered  on  record,  executor  of  a  deceased  party 
may  prosecute  suit,  and  if  respondent  or  defendant  dies,  execu- 
tor or  administrator  beiiig  served  with  a  scire  facias  30  days 
before  the  return  to  be  Considered  party  to  suit  in  same  man- 
ner as  if  he  had  voluntarily  made  himself  a  party;  in  any  of 
those  cases  the  court  to  pass  a  decree  or  render  judgment  for 
or  against  executor  or  administrator  as  to  right  appertains; 
but  where  executor  or  administrator  of  deceased  respondent  or 
defendant  becomes  a  party  the  court,  upon  motion,  to  grant  a 
continuance  of  the  cause  if  the  judges  deem  proper.      (Del.  IV 

26.) 
Trials,  See  below,  this  title,  Trials. 
Uniformity 

Proceedings  and  practice  of  all  courts  of  same  class  or  grade,  so 
far  as  regulated  by  law,  to  be  uniform.      (111.  VI  29;   Mont. 

VIII  26.) 
Same;    except  city   courts;    uniformity   must  be   established  by 

legislature.     (Ga.  VI  Sec.  IX  1.) 

Proceedings  and  practice  of  all  courts  of  same  class  or  grade,  so 

far  is  regulated  by  law,  and  force  and  effect  of  proceedings,  to 

be  uniform.      (Colo.  VI  28;   Ida.  V  26;   Nebr.  VI   19;   S.D.  V 

34.) 
Process 

Style  of 

In  prosecutions  and  i)idictmcnts,  See  Crimes  —  Form  of  Accu- 
sation. 

"  "he  state  of "     (Ala.  VI  170;  Ariz.  VI  20;  Del.  IV 

35;  Fla.  V  37;  Ind.  VII  18;  Iowa  V  8;  Kan.  Ill  17;  Ky.  123; 
La.  90;  Md.  IV  13;  Minn.  VI  14;  Miss.  VI  169;  Mont.  VIII 
27;  Nebr.  VI  24;  Nev.  VI  13;  N.D.  IV  97;   Ohio  IV  20;  Pa. 

V  23;    S.D.  V  3S;    Tex.  V   12;   Utah  VIII   IS;   Wash.   IV  27; 

Wyo.  V  15.) 

■<  The  people  of  the  state  of   "   (Cal.  VI    20.) 

"  In  the  name  of  the  people  of  the  state  of   "     (Colo. 

VI  30;  111.  VI  33;  Mich.  VII  22.) 

Writs  and  processes  to  be  "  the  state  of "  (specifying 

state).     (Mo.  VI  38;  N.M.  VI  20;  Okla.  VII  19;  Wis.  VII  17.) 
All   writs   and   processes   to   run   in   the  name   of   the   state  of 

(S.C.  V  31.) 


486  State  Cor'ITUTioNS 


COURTS    (Cont'd) 

Process  (Cont'd) 
Style  of  (Cont'd) 

Writs   and   other   process5   nm   in   the  name  of   the   state  of 

(Ark.  VIl9;  Tenn.  VI  12.) 

Writs  to  be  in  the  name'  the  state.      (Mass.  Pt.  II  Ch.  VI  5; 

N\H.  II  86;  N.J.  VIII  3.) 
Writs  issued  under  aut'rity  of  this  state  to  run  in  the  name 
of  the  state  of  West  irginia.      (W.Va.  II  8.) 
Teste  and  Signing 

Writs  and  process  to  b-r  teste  and  be  signed  by  clerk  of  court 

from  which  issued.    Ark.  VII  49;  Tenn.  VI  12.) 
Tested,  sealed  and  signl  as  provided  by  law.     (Md.  IV  13.) 
Writs  to  be  attested  bv;lerk  of  court  from  which  issued.     (Mo. 

VI  38.) 

Writs  issuing  out  of  the°lerk's  office  in  any  court  of  law  to  be 

under  seal  of  court  whlce  they  issue,  and  bear  teste  of  first 

justice  of  court  to  whichtney  shall  be  returnable,  who  is  not 

a  party,  and  be  signed  bv  lei '^  °f  sucn  c°urt.      ( Mass.  Pt.  II 

Ch.  VI  5.) 
Writs  issued  out  of  the  clerk's  oJce  m  any  court  of  law  to  be 
under  seal  of  court,  when  issued  8ar  teste  of  chief  or  first  or 
senior  justice  of  court,  but  when  juc?e  interested  then  writ  to 
bear  teste  of  some  other  justice  of'cou*  to  wmcn  same  shall  be 
returnable;   and  to  be  signed  by  clerk of  such  court-      (N.H. 

II  86.) 
Service  of 

On  corporations,  See  Corporations. 

Legislature  may  provide  for  service  of  proetSS  in  a11  civiI  cases 

by  litigants  themselves.      (La.  129.) 
Service   of   citation   not  to   be  waived   by   any   document  under 
private  signature  executed  prior  to  the  matiirity  of  obligation 

gued  on.     (La.  91.) 
Force  and  Effect 

Of  process  of  all  courts  of  same  class  or  grade,  8°  faT  as  regU" 

lated  by  law,  to  be  uniform.     (111.  VI  29;  Pa'  V  26-) 
Same;    except   city   courts;    uniformity   must  be    established   by 
n  legislature.     (Ga    VI  Sec.  IX  1.) 

Quarterly  Courts 

See  also  above,  this  title,  County  Courts.  ' 

One  in  each  county;  jurisdiction  uniform  throughout  st  ate;  regulated 
by  general  law  and  until  changed  same  as  now  vested  in  <luarterly 
courts  of  this  commonwealth;   judge  of  county  court'  to  be  judge' 

J  v     (Ky.  139.) 

Register  of  Wills  '1 

See  also  above,  this  title,  Probate  Courts 
To  be  a  county  officer  and  elected  as  such.     (Pa  XIV  1      2>) 
Elected  at  general  election  by  qualified  voters  of  respec^'™  countie9' 
for  term   of   four   year's,  office  to  be  located  in  town*1  or  p,ace  in 
county  where  general  trial  court  is  held      (Del    III  2'^''  23'  24>) 


Index  Digest  487 


COURTS    (Cont'd) 

Registers'  Courts 

See  also  above,  this  title,  Probate  Courts. 
Abolished.      (Pa.  V  22.) 

Registers  of  wills  to  hold  court  in  each  county.  On  litigation  of  a 
case,  depositions  of  witnesses  examined  to  be  taken  in  writing  and 
made  part  of  the  proceedings.  Court  may  issue  process  throughout 
state.  Appeals  may  be  taken  to  general  trial  court  for  civil  cases 
only,  whose  decision  final.  If  register  interested  in  questions  con- 
cerning probate  of  wills,  granting  of  letters  of  administration  or 
executors'  or  administrators'  accounts,  cognizance  of  cases  to  be- 
long to  probate  court,  with  appeals  to  general  trial  court  for  civil 
cases  only,  whose  decision  final.  Executor  or  administrator  to  file 
every  account  with  register  of  wills  for  county,  who  shall,  when 
convenient,  carefully  examine  in  presence  of  executor  or  admin- 
istrator, and  adjust  and  settle  same;  account  so  settled  to  remain 
in  his  office  for  inspection;  executor  or  administrator  within  three 
months  to  give  notice  in  writing  to  persons  entitled  to  shares  of 
estate  or  to  their  guardians,  if  residing  within  state,  that  account 
may  be  inspected.  Exceptions  may  be  made  by  persons  concerned 
denying  justice  of  allowances  or  alleging  further  charges.  Excep- 
tions heard  in  orphans'  court  for  county  and  settled.      (Del.  IV 

33,  34.) 
Seal 

Courts  of  record  to  have  seal  to  be  used  in   authentication   of  all 

process.     (Kan.  Ill  1.) 
Special  Sessions,  Court  of,  See  above,  this  title,  Criminal  Courts. 
Supreme  Courts 

See  above,  this  title,  Highest  Court. 
See  above,  this  title,  Intermediate  Courts  of  Appeal. 
See  above,  this  title,  General  Trial  Courts. 
Surrogates,  See  above,  this  title,  Probate  Courts. 
Terms 

Of  a  particular  class  of  courts,  See  throughout  this  title. 

To  remain  as  fixed  by  ordinance  forming  part  of  constitution  until 

otherwise  provided  by  law.      (Tex.  V  14.) 
Courts  to  be  maintained  in  every  county  in  this  state  and  also  in 
new  counties  when  formed.      (Vt.  II  4.) 
Trials 

Right  to 

Accused  has  right  to  public  trial.      (Ind.  I  13;  Ore.  I  11.) 
Every  man  has  right  to  speedy  trial  in  all  criminal  prosecutions. 

(Md.  D.R.  21;   Va.  I  8.) 
Accused  has  right  to  speedy  trial  in  all  criminal  prosecutions. 

(Wyo.  I  10.) 
Accused  has  right  to  speedy  and  public  trial  in  all  criminal 
prosecutions.  (Ariz.  II  24;  Ark.  II  10;  Cal.  I  13;  Colo.  II 
16;  Del.  I  7;  Fla.  D.R.  11;  Ga.  I  Sec.  I  5;  Ida.  I  13;  111.  II  9; 
Kan.  B.R.  10;  La.  9;  Mich.  II  19;  Minn.  I  6;  Mo.  II  22;  Mont. 
Ill  16;  Nebr.  I  11;  N.J.  I  8;  KM.  II  14;  N.D.  I  13;  Ohio  I  10; 


488  State  Constitutions 


.COURTS    (Cont'd) 
Trials   (Cont'd) 

Right  to    (Cont'd) 

Okla.  II  20;  R.I.  I  10;  S.C.  I  IS;  S.D.  VI  7;  Tex.  I  10;  Utah 
I  12;  Vt.  I  10;  Wash.  I  22.) 

Accused  has  right  in  all  criminal  prosecutions  to  a  speedy,  public 
and  impartial  trial.      (Me.  I  6.) 

In  all  criminal  prosecutions  and  in  cases  involving  the  life  or 
liberty  of  an  individual,  accused  to  have  right  to  a  speedy  and 
public  trial.      (Iowa  I   10.) 

Accused    right   to    speedy    and    public    trial    in    prosecution    by 

indictment.      (Ala.  I  6.) 

Accused  has  right  to  speedy  and  public  trial  in  prosecutions  by 
indictment  or  information.     (Conn.  I  9;  Ky.  11;  Miss.  Ill  26; 

Pa.  I  9;  Wis.  I  7.) 

Accused  has  right  to  speedy  and  public  trial  in  prosecutions  by 
indictment  or  presentment.     (Tenn.  I  9.) 

Trials  of  crimes  and  misdemeanors  to  be  public  without  unreason- 
able delay.     (W.Va.  Ill  14.) 

Right  of  accused  to  be  heard,  See  Crimes  —  Rights  of  Accused. 
Preliminary  Examinations 

Preliminary  examination  arid  commitment  by  magistrate  required 
in  all  cases  heretofore  required  to  be  prosecuted  by  indictment, 
and  now  prosecuted  by  information;  in  case  of  indictment, 
examination  or  commitment  necessary  if  so  prescribed  by  law. 

(Cal.  I  8.) 

A  preliminary  examination  and  commitment  by  magistrate,  unless 
waived,  required  in  cases  heretofore  required  to  be  prosecuted 
by  indictment  and  now  prosecuted  by  information ;  in  case  of 
indictment,   either   "  with   or   without   such   examination    and 

commitment".     (Utah  I  13.) 

A  preliminary  examination  by  magistrate  required  in  cases  of 
felony  unless  waived.      (Ariz.  II  30;  Okla.  II  17.) 

"  No  person  to  be  held  to  answer  for  any  offense  unless  on 
presentment  or  indictment  of  a  grand  jury,  or  on  information 
of  the  public  prosecutor,  after  commitment  by  a  magistrate." 

(Ida.  I  8.) 

Prosecutions  by  information  in  general  trial  courts  to  be  after 
examination  and  commitment  by  magistrate,  or  after  leave 
granted  by  court.      (Mont.  Ill  8.) 

Justices  of  peace  to  sit  as  examining  courts  to  commit,  discharge 
or  recognize  offenders  to  the  court  having  jurisdiction  for  fur- 
ther trial.      (Ark.  VII  40.) 

Justices  of  peace  to  have  power  to  issue  process  for  arrest  of 
persons  charged  with  crime  and  make  the  same  returnable 
before  himself  or  county  judge,  for  examination,  discharge, 
commitment  or  bail  of  the  accused.     (Fla.  V  22.) 

Justices  of  peace  to  have  criminal  jurisdiction  as  committing 
magistrates;  power  to  bail  or  discharge  any  cases  not  capital 
or  necessarily  punishable  at  hard  labor.     (La.  126.) 


Index  Digest  Is'.i 


COURTS    (Cont'd) 
Trials   (Cont'd) 

Preliminary  Examinations    (Cont'd) 

Justices  of  peace  to  sit  as  examining  and  committing  magistrates 
in  all  felony  cases  until  otherwise  provided  by  law.      (Okla. 

VII  18.)  p 
Magistrates  have  power  to  bind  over  to  keep  the  peace  and  for 

good   behavior   for   a   time   not   to   exceed    12   months.      (S.C. 

V  21.) 
May  be  held  in  cases  of  felony  by  judges  of  highest  court,  general 

trial  courts  and  justices  of  peace.      (Utah  VIII  21.) 
District  judges  and  justices  of  peace  may  hold  in  criminal  cases. 

(N.M.  VI  21.) 
County  courts  to  have  jurisdiction  of  examining  and  committing 

magistrates  in  all  criminal  cases.     (Okla.  VII  17.) 
Judges  of  probate  courts  may  be  authorized  to  sit  as  examining 
and  committing  magistrates  in  criminal  cases.     (N.M.  VI  23.) 
Place  of  Bringing  Suit 

Against  corporations,  See  Corporations  —  Suits  —  Against. 
Every  civil  action  cognizable  by  magistrates  to  be  brought  before 
a  magistrate  in  county  where  defendant  resides.     (S.C.  V  23.) 
All  actions  for  recovery  and  possession  of  land,  or  for  quieting 
title  or  enforcement  of  liens  on  real  estate,  to  be  commenced 
in   county   in  which   real  estate  or   any  part  thereof   affected 
by  such  action  is  situated.     (Cal.  VI  5;  Mont.  VIII  11.) 
Divorce  cases  to  be  brought  in  county  where  defendant  resides,  if 
a  resident  of  this  state;    if  not  a   resident  then   in  county  in 
which  plaintiff  resides.      (Ga.  VI  Sec.  XVI  1.) 
Suits  against  maker  and  indorser  of  promissory  notes,  drawer, 
acceptor  and  indorser  of  foreign  or  inland  bills  of  exchange  or 
like  instruments,  residing  in  different  counties,  to  be  brought 
where  maker  or  acceptor  resides.      (Ga.  VI  Sec.  XVI  5.) 
Criminal    actions    cognizable    by    magistrates    to    be    brought    in 
county  where  offense  committed.      (S.C.  V  23.) 
Time  of 

Accused  has  right  to  reasonable  time  to  prepare  defense.     (W.Va. 

Ill  14.) 
Right   of   accused   to   speedy  trial,   See  above,    this   subdivision, 

Right  to. 
Place  of  Trial 

Every  action  to  be  tried  in  county  in  which  commenced,  unless 
judges  of  court  believe  that  impartial  trial  cannot  be  had  in 

that  county.      (Del.   I  9.) 

All  civil  business  arising  in  a  county  to  be  tried  in  that  county 

unless  a  change  of  venue  be  taken  as  provided  by  law.     (Utah 

VIII  5.1 
Titles    to    land    to    be    tried    in    county    where    land    lies    except 

where  single  tract  is  divided  by  county  line,  in  which  case 
general  trial  court  in  either  county  to  have  jurisdiction; 
equity  cases  to  be  tried  in  county  in  which  defendant  resides 


490  State  Constitutions 


COURTS    (Cont'd) 
Trials   [Cont'd) 

Place  of  Trial   (Cont'd) 

against  whom  substantial  relief  is  prayed;  suits  against  joint 
obligors,  joint  promisors,  copartners  or  joint  trespassers,  resid- 
ing in  different  counties,  may  be  tried  in  either  county;  all 
other  civil  cases  to  be  tried  in  county  where  defendant  resides. 

(Ga.  VI  Sec.  XVI  2,  3,  4,  6.) 
Trial  of   facts  where  they  arise  one  of  greatest  guarantees   of 

lives,  liberties  and  estates  of  the  people.     (Md.  D.R.  20.) 
Verification  of  facts,  in   vicinity  of   offense,  is   one   of  greatest 
securities  of  life,  liberty  and  property  of  citizens.      (Mass.  Pt. 

I  13.) 
No  crime  ought  to  be  tried  in  any  other  county  than  that  in 

which  committed.      (N.H.  I   17.) 
County  of  offense  in  criminal  cases.      (Ariz.  II  24;   Ark.  II  10; 
Fla.  D.R.  11;  Ohio  I  10;  Okla.  II  20;  Ore.  I  11;  Wash.  I  22; 

W.Va.  Ill  14.) 
County  of  offense  unless  change  of  venue  secured.      ( S.C.  VI  2 ; 

Utah  VIII  5.) 
County  of  offense  in  prosecutions  by  indictment  or  information. 

(Miss.   Ill  26.) 

County   of   offense   except   cases   in   general   trial   courts   where 

judge  is  satisfied  that  an  impartial  jury  cannot  be  obtained 

in  such  county.     ( Ga.  VI  Sec.  XVI  6. ) 

County  or  district  of   offense  in  criminal  cases.      (Colo.  II   16; 

111.  II  9;  Kan.  B.R.  10;  N.M.  II  14.) 
County  or  district  of  offense,  which  county  or  district  shall  have 

been  previously  ascertained  by  law.      (Wis.  I  7.) 
County  or  district  of  offense  in  all  prosecutions  by  indictment. 

(Ala.  I   6.) 
Parish  of  offense,  unless  changed.      (La.  9.) 

In  counties  where  magistrates  have  separate  and  exclusive  terri- 
torial jurisdiction,  criminal  causes  to  be  tried  in  magistrate's 
district  where  offense  committed.  (S.C.  V  23.) 
Many  states  provide  for  jury  of  county,  -  district  or  vicinity 
where  offense  is  alleged  to  have  been  committed,  but  make 
no  specific  reference  to  place  of  trial.  For  these  provisions, 
See  Juries  —  Organization  of  Jury. 
Change  of  Venue 

Legislature    to    provide    by    law    in    civil    and    criminal    cases. 

(La.  169.) 

Power  vested  in  general  trial  court  to  change  venue  in  civil  and 

criminal   cases   to    be   exercised    in    manner   provided    by   law. 

(Ga.  VI  Sec.  XVII  1.) 

Power  in  civil  and  criminal  cases  vested  in  courts  to  be  exercised 

in  manner  provided  by  law.      (Ala.  IV  75;  Colo.  V  37;  Pa.  Ill 

23;  Tex.  Ill  45.) 

In  all  suits  or  actions  at  law  issued  from  probate  court  or  from 

any  court  sitting  in  equity,  upon  suggestion  in  writing  under 


Index  Digest  491 


COURTS    (Cont'd) 
Trials  (Cont'd) 

Change  of  Venue    (Cont'd) 

oath  of  either  party  that  such  party  cannot  have  a  fair  and 
impartial  trial  in  court  in  which  the  same  may  be  pending, 
the  court  shall  direct  case  to  be  transmitted  to  some  other 
court  having  jurisdiction  in  such  case,  for  trial.     (Md.  IV  8.) 

•Legislature  to  provide  for,  in  civil  and  criminal  cases,  over 
which  circuit  courts  have  original  jurisdiction,  on  proper 
showing  supported  by  affidavit  that  fair  and  impartial  trial 
cannot  be  had  in  county  where  action  or  prosecution  com- 
menced ;  state  to  have  the  same  right  to  move  for  as  a  de- 
fendant has  in  such  offenses  as  the  legislature  may  prescribe ; 
not  to  be  granted  in  criminal  cases  until  true  bill  has  been 
found   by   grand   jury;    if   ordered,   to  be  to   county   in   same 

judicial   district.      (S.C.  VI   2.) 

On   application   of  accused   for  good   cause.      (W.Va.  Ill   14.) 

On  application  of  accused  according  to  law.     (Ark.  II  10;  Okla. 

II  20.) 

In  criminal  prosecutions  by  legislature  if  it  deems  proper  in 
cases  of  general  insurrection  when  judges  of  superior  court 
report  impartial  trial  cannot  be  had,  to  nearest  county  in 
which  impartial  trial  can  be  obtained.      (N.H.  I  17.) 

Legislature  may  provide  by  general  law  in  prosecutions  by 
indictment  or  information,  for  change  at  request  of  either 
commonwealth  or  defendant,  to  most  convenient  county  in 
which  fair  trial  can  be  obtained.      (Ky.  11.) 

Legislature  may  provide  by  general  law  for,  on  application  of 
defendant  in  all  prosecutions  by  indictment;  defendant  need 
not  be  present  when  application  for  change  is  heard  and 
determined,  if  imprisoned.     (Ala.  I  6.) 

In  counties  where  magistrates  have  separate  and  exclusive 
territorial  jurisdiction  criminal  causes  may  be  changed  from 
one  magistrate's  district  to  another  in  same  county  under 
rules  provided  by  legislature.      (S.C.  V  23.) 

In  all  cases  of  presentment  or  indictment  for  offenses  punishable 
by  death,  upon  suggestion  in  writing  under  oath  of  either 
party  that  such  party  cannot  have  fair  and  impartial  trial 
in  court  in  which  same  may  be  pending,  case  to  be  transmitted 
to  some  other  court  having  jurisdiction  in  the  case  for  trial; 
in  other  cases  of  presentments  or  indictments  party  must 
make  it  appear  to  court  that  suggestion  is  true  or  that  there 
is  reasonable  ground  for  same;  same  procedure  when  all  judges 
of  court  disqualified  to  sit  in  any  case.     (Md.  IV  8.) 

By  private,  local  or  special  law,  prohibited.      (Ala.  IV  104;  Cal. 

IV  25;  Colo.  V  25;  Fla.  Ill  20;  Ida.  Ill  19;  111.  IV  22; 
Ind.  IV  22;  Ky.  59;  La.  48;  Miss.  IV  90;  Mo.  IV  53;  Mont. 

V  26;  Nebr.  Ill  15;  Nev.  IV  20;  N.J.  IV  Sec.  VII  11;  N.M. 
IV  24;  N.D.  II  69;  Okla.  V  46;  Ore.  IV  23;  Pa.  Ill  7;  Tex. 
Ill  56;  Utah  VI  26;  Va.  IV  63;  Wyo.  Ill  27.) 


492  State  Constitutions 


COURTS    [Cont'd) 

Trials  {Cont'd) 

Change  of  Venue    (Cont'd) 

By  private,  local  or  special  law,  prohibited,  unless  bill  or  amend- 
ment   reported    by    commissioners    to   revise   statutes.       (N.Y. 

Ill  18,  23.) 
By    local   or    special    law   prohibited    in    criminal   cases.      (Ark. 

V   24.) 

By  Referee 

Any  civil  case  may  be  tried  before  practicing  attorney  as  referee 
upon  application  of  parties  and  order  made  from  court;  same 
order  appointing  referee.  Referee  to  keep  complete  record 
of  case  including  evidence,  and  such  record  shall  be  filed  with 
papers  in  case  in  office  of  clerk.  Cause  subject  to  an  appeal 
in  manner  prescribed  by  law.      (Fla.  V  20.) 

Exclusion  from  Court  Room 

Court  has  right  to  exclude  from  court  room  all  persons  except 
those  necessary  in  conduct  of  trial,  in  prosecutions  for  rape 
and  assault  with  intent  to  ravish.      (Ala.  VI  160.) 

Court  lias  right  to  exclude  from  court  room  all  persons  except 
such  as  are  necessary  in  cend"uct  of  trial  in  prosecutions  for 
crimes    against   nature   or    other    scandalous   crimes.      (Miss. 

Ill  26.) 

Courts  not  to  be  secret.      (Ore.  I  10.) 

Courts  to  be  public.     (S.C.  I  15.) 

Charge  to  Jury 

Judges   not   to   charge   juries   with    respect   to   matters    of   fact, 

but  shall  declare  the  law.     (Ark.  VII  23;  S'.C  V  26.) 
Judges  not  to  charge  juries  with  respect  to  matters  of  fact,  nor 
comment  thereon,  but  shall  declare  law.      (Ariz.  VI   12;    Cal. 

VI  10;  Wash.  IV  16.) 

Not  to  charge    juries  with   regpect  to   matters  of   fact  but  may 

state  the  testimony  and  declare  the  law.      (Nev.  VI  12;  Tenn. 

VI  9.) 

Judges  not  to  charge  juries  with  respect  to  matters  of  fact,  but 

may  state  questions  of  fact  in  issue  and  declare  the  law.     (Del. 

IV  22.) 
In   jury  trials    judges   shall   reduce  their   charge  or   instructions 

to  writing  on  request  of  either  party.      (Ark.  VII  23.) 

No  judgment  to  be  set  aside  or  new  trial  granted  on  ground  of 

misdirection  of  jury,  unb---,  ttlt&t  examination  of  entire  cause, 

including  evidence,   court  is  of  opinion   that  error   complained 

of  has  resulted  in  miscarriage  of  justice.    (Cal.  VI  4%  (1914).) 

Uniformity  of  Provisions  Rfxatixc;  to 

All  laws  relating  to  courts  to  be  general  and  of  uniform  operation, 
and  organization,  jurisdiction,  powers,  proceedings  and  practice 
of  all  courts  of  same  class  or  grade,  so  far  as  regulated  by  law, 
and  force  and  effect  of  proceedings,  judgments  and  decrees  of  such 
courts  to   be  uniform.      (Colo.  VI   28;    Xebr.   VI    19.) 


Index  Digest  493 


COURTS    (Cont'd) 

UNIFORMITY   OF   PROVISIONS    RELATING   TO     {Cont'd) 

Same:     but    legislature    may    classify    county    courts    according    to 
population  of  respective  counties,  and  fix  jurisdiction  and  salaries 
of  judges  accordingly.      (S.D.  V  34.) 
All  laws  relating  to  courts  to  be  general  and  of  uniform  operation 
throughout  state,  and  organized  judicial  powers,  proceedings   and 
practices  of  all  courts  of  same  class  or  grade,  so  far  as  regulated 
by  law,  and  force  and  effect  of  proceedings,  judgments  and  decrees 
of  such  courts  to  be  uniform.      (Ida.  V  26.) 
All  laws  relating  to  courts  to  be  general  and  of  uniform  operation 
throughout  state,   and  organization,  jurisdiction,   powers,   proceed- 
ings and  practice  of  all  courts  of  same  class  or  grade,  so  far  as 
regulated  by  law.  to  be  uniform.      (Mont.  VIII  26.) 
All  laws  relating  to  courts  to  be  general  and  of  uniform  operation, 
and    organization,    jurisdiction,    powers,    proceedings    and    practice 
of  all  courts  of  same  class  or  grade,  so  far  as  regulated  by   law, 
and   force   and   effect   of    process,   judgments    and   decrees   of   such 
courts  to  be  uniform.      (111.  VI  29.) 
All  laws  relating  to  courts  to  be  general  and  of  uniform  operation, 
and  organization,   jurisdiction   and   powers   of   all  courts  of   same 
class  or  grade,  so  far  as  regulated  by  law.  and  force  and  effect  of 
process  and  judgments  of  such  courts  to  be  uniform.      (Pa.  V  26.) 
Jurisdiction,  powers,  proceedings  and  practice  of  all  courts  or  officers' 
vested  with  judicial  powers   (except  city  courts)   of  same  grade  or 
class,  so  far  as  regulated  by  law,  and  force  and  effect  of  process, 
judgments  and  decrees  of  such  courts  to  be  uniform.    This  uniform- 
ity must  be  established  by  legislature.     (Ga.  VI  Sec.  IX  1.) 
Venue.  See  above,  this  title,  Trials. 
Witnesses,  See  Witnesses. 
Writs 

See  throughout  this  title  for  icrits  issued  by  particular  classes  of 
courts.  For  style,  See  above,  this  title,  Process.  For  special 
provisions   as   to    right   in   general   to   icrits   of  habeas   corpus,   See 

Habeas  Corpus  . 
CRIMES 

Age  of  Consent 

For  unmarried  women,  to  be  14.     (S.C.  Ill  33.) 
Appeal.  Right  to,  See  Courts  — Appeals. 
Arrests 

Xo  person  to  be  arrested  except  in  cases  clearly  warranted  by  law. 

(Conn.  I   10.) 
Abuse  of  persons  prohibited  in  making  arrests  or  while  under  arrest. 

(Ga.  I  Sec.  I  9.) 
Unnecessary  rigor  prohibited  in  treatment  of  persons  arrested-      (Ind. 

I  15;  Ore.  I  13;  Utah  I  9.) 
No  act  of  severity  which  is  not  necessary  to  secure  an  accused  per- 
son shall  be  permitted.     (R.I.  I  14.) 
Treatment    of    prisoners,    See   Penal   Institutions  —  Prisons — In- 
mates. 


494  State  Constitutions 


CRIMES   (Cont'd) 
Arrests   (Cont'd) 
Exemption  from 

See  Elections  —  Privileges  of  Electors. 
See  Legislature  —  Members. 
See  Militia. 
Attainder,  See  Attainder. 
Bail,  See  Bail. 
Barratry 

Legislature  to  provide  for  denning  and  punishing.      (Tex.  XVI  29.) 
Commitments,  See  Courts  —  Trials  —  Preliminary  Examinations. 
Commutation  or  Sentences 

In  Cases  of  Impeachment,  See  Impeachment. 

In  Cases  of  Treason,  Sec  Treason. 

Indeterminate  Sentences,  See  below,  this  title,  Punishment. 

Remission  of  Fines,  Penalties  and  Forfeitures,  See  bcloio,  this  title, 

Remission  of  Fines,  Penalties  and  Forfeitures. 
Pardons,  See  below,  this  title,  Pardons. 
Reprieves,  See  below,  this  title,  Reprieves. 
Power  Vested  in  Whom 
Governor  Alone 

Governor  may  grant.      (Ky.   77.) 

Same;  subject  to  regulations  prescribed  by  law.     (Ore.  V  14.) 
Governor  may  grant  after  conviction.      (Ark.   VI    18;   Colo. 

IV  7;  Tex.  IV  11.) 
Same;    subject  to  regulations  prescribed  by  law  relative  to 

manner  of  applying.      (111.  V  13;   Wyo.  IV  5.) 
Governor   may    commute   penalties    and    remit    any   part   of 

sentence  after  conviction.      (Ga.  V  Sec.  I   12.) 
Governor  may  grant  after  conviction   subject  to  regulations 
prescribed  by  law.      (Ariz.  V  5;  Ind.  V  17;   Iowa  IV  16.) 
Governor   may    grant   commutations    after   conviction   where 
sentence  is  for  two  years  or  less,  or  a  fine  of  $200  or  less, 
subject  to  regulations  prescribed  by  law  relative  to  man- 
ner of  applying.      (S.D.  IV  5.) 
Governor  may  grant  after  conviction,  -upon   such  conditions 
and   under    such    restrictions   and   limitations   as   he  may 
think  proper.      (Cal.  VII   1;  Mich.  VI  9;   Mo.  V  8;   Nebr. 
V  13;  N.Y.  IV  5;  N.C.  Ill  6;  Ohio  III  1;  Wis.  V  6.) 
Governor  may  grant  after  conviction,  upon  such  conditions 
and    with    such    restrictions   and    limitations    as    he   may 
deem    proper,    subject    to    regulations    prescribed    by    law. 

(Okla.  VI   10.) 
Governor   may    commute   capital    punishment.       (Va.    V    73; 

W.Va.  VII  11.) 
Neither    governor    nor    legislature    to    have   power    to   grant 
commutation   of   sentence,  in   any  case   where  convict  has 
been  twice  convicted  of  felony,  unless  upon  written  recom- 
mendation of  majority  of  judges  of  highest  court.      (Cal. 

VII  1.) 


Index  Digest  495 


CRIMES   (Cont'd) 

Commutation  of  Sentences  (Cont'd) 
Power  Vested  in  Whom   (Cont'd) 

Governor    (Board  Advisory  Only) 

Governor  may  grant  after  conviction;  board  to  meet  on  call 
of  governor  and  there  shall  be  laid  before  them  all  recom- 
mendations and  petitions  for  commutation  in  cases  of 
felony;  board  to  hear  them  in  open  session  and  give 
opinion  in  writing  to  governor  thereupon,  or  if  board  fails 
to  advise  for  more  than  60  days  governor  may  grant 
or  refuse  commutation  as  he  deems  proper.  (Ala.  V  124.) 
Governor  may  grant  after  conviction  and  in  such  manner 
and  under  such  terms  and  under  such  restrictions  as  he 
may  think  proper;  every  petition  for  commutation  may 
be  first  referred  to  board  of  pardons  to  be  provided  by 
legislature,  to  hear  all  such  petitions  under  rules  and 
regulations  prescribed  by  law;  governor  may  adopt  recom- 
mendations of  board,  but  if  not,  he  shall  submit  reasons  to 

legislature.      (S.C.  IV  11.) 

Governor  on  Recommendation  of  Board 

Governor  may  grant  pardons  on  recommendation  in  writing 
of  majority  of  board.      (Del.  VII   1;  Pa.  IV  9.) 

Same;    after  conviction.      (La.   70.) 

Governor  may  grant  commutation  after  conviction  but  where 
sentence  is  capital  punishment,  punishment  for  life  or  for 
more  than  two  years,  or  a  fine  exceeding  $200,  no  sentence 
to  be  commuted  except  on  recommendation  in  writing  of 
board  of  pardons,  subject  to  regulations  prescribed  by 
law  relative  to  manner  of  applying.      (S.D.   IV  5.) 

Governor  with  Approval  of  Board 

Governor  with  advice  and  consent  of  council  may  grant 
upon  such  conditions  and  with  such  restrictions  and  limi- 
tations as  may  be  deemed  proper.      (Me.  V  Pt.  111.) 

Governor  may  grant  after  conviction,  subject  to  approval 
of  board  of  pardons  or  a  majority  thereof.     (Mont.  VII  9.) 

Governor  "in  Conjunction"  with  Board 

Governor,  "in  conjunction"  with  board  (of  which  he  is  a 
member),  may  grant  commutations  after  conviction,  sub- 
ject to  regulations  prescribed  by  law  as  to  manner  of 
making  application.      (N.D.  Ill  76.) 

Board  of  Pardons    (of  Which.  Governor  a  Member) 

Board  or  majority  may  grant  after  conviction,  either  abso- 
lutely or  on  condition,  subject  to  regulations  prescribed 
by  law  relative  to  manner  of  applying.  (Ida.  IV  7.) 
Board  of  pardons,  by  majority,  including  governor,  may 
grant  after  conviction  upon  such  conditions  and  under 
such  limitations  and  restrictions  as  they  deem  proper. 
(Fla.  IV  12;  Nev.  V  14;  Utah  VII  12.) 


496  State  Constitutions 


CRIMES   (Cont'd ) 

Commutation  of  Sentences   (Cont'd) 
Power  Vested  in  Whom   (Cont'd) 
Legislature 

Neither  governor  nor  legislature  to  have  power  to  grant 
commutation  of  sentence  in  any  ease  where  convict  has 
been  twice  convicted  of  felony,  unless  upon  written  recom- 
mendation of  majority  of  judges  of  highest  court.      (Cal. 

VII  1.) 

No   person   ought   to   have  his    sentence   on   conviction   for 

felony    commuted,    remitted   or   mitigated   by    legislature. 

(Vt.   II   56.) 
As  Prescribed  by  Laic 

Legislature  may  provide  for  commutation  of  sentence  of 
convicts  for  good  behavior.      (Miss.  V  225.) 

Composition  of  Board  of  Pardons,  See  beloiv,  this  title,  Pardons. 

Procedure  and  Regulations 

Power  to  grant  to  be  subject  to  regulations  prescribed  by  law. 

(Ariz.  V  5;  Ind.  V  17;  Iowa  IV  16;  Okla.  VI  10;  Ore.  V  14.) 
Power  to  grant  commutation  to  be  subject  to  regulations  pre- 
scribed by  law  relative  to  manner  of  applying  therefor.     (Ida. 

IV  7;  111.  V  13;  N.D.  Ill  76;  S.D.  IV  5;  Wyo.  IV  5.) 
Hearings    of   board    required   to   be   on   "  public   notice."      ( Pa. 

IV  9.) 
No  commutation  granted  except  after  notice  of  time  and  place  of 

hearing.      (Utah  VII  12.) 
No  commutation  to  be  granted  until  previous  notice  of  time  and 

place  of  hearing  and  relief  applied  for  given  by  publication 

in  newspaper  of  general  circulation  at  least  once  a  week  for 

four  weeks.      (Ida.  IV  7;  Mont,  VII  9.) 
Legislature  to  prescribe  sessions  of  board.      (Ida.  IV  7;   Mont. 

VII  9.) 
Board  to  meet  on  call  of  governor.     (Ala.  V  124.) 
"Full  hearing"  before  board  required.     (Del.  VII  1;  Ida.  IV  7; 

Mont,  VII  9;   Pa.  IV  9;   S.D.  IV  5;   Utah  VII  12.) 
Sessions  of  board  to  be  open.      (Ala.  V  124;   Ida.  IV  7;   Mont. 

VII  9;  Pa.  IV  9;  S.D.  IV  5;  Utah  VII  12.) 
Procedure  of  board  to  be  under  regulations  prescribed  by  law. 

(Ida.  IV  7;  Mont.  VII  9;  S.C.  IV  11.) 
Board's  opinion  to  be  in  writing.     (Ala.  V  124;  Del.  VII  1;  La. 

70;  Pa.  IV  9;  S.D.  IV  5.) 
After  recommendation  of  board  filed  in  office  of  secretary  of  state, 

latter  to  notify  governor  forthwith.      (Del.  VII  1.) 

Report  of  Action 

Governor  to  file  with  each  application  for  commutation,  a  state- 
ment of  the  reasons  for  his  decision  thereon,  to  be  open  to 

public  inspection.     (Ky.  77.) 
Reasons  of  governor  for  rejecting  recommendation  of  board  to  be 
submitted  to  legislature.      (S.C.  IV  11.) 


Index  Digest  497 


CRIMES  {Cont'd) 

Commutation  of  Sentences  (Cont'd) 
Report  of  Action   (Cont'd) 

In  all  cases  of  commutation  governor  shall  file  in  office  of  secre- 
tary of  state  his  reasons  therefor.      (Tex.  IV  11.) 

Recommendations  of  hoard,  with  reasons,  to  be  filed  in  office  of 
secretary  of  state.      (Del.  VII   1;   Pa.  IV  9;  S.D.  IV  5.) 

Proceedings  and  decisions  of  board,  with  reasons  in  each  case, 
together  with  dissent  of  any  member  disagreeing,  to  be  reduced 
to  writing  and  hied,  with  papers  used  upon  hearing,  in  office 
of  secretary  of  state.      (Utah  VII  12.) 

Same;    adds  "signed  by  him"   after   "disagreeing".     (Ida.   IV 

7;   Mont,  VII   9.) 

Governor  to  send  to  legislature  at  first  session,  transcript  of 
the  petition  or  proceedings,  and  reasons  for  his  action,  in 
case  of  exercise  of  power  to  grant  commutations.     (Colo.  IV  7.) 

Governor  to  report  to  legislature  at  next  meeting  each  case  of 
commutation  granted.      (Ind.  V   17;    Iowa  IV   16.) 

Governor  to  report  to  legislature  at  next  meeting  each  case  of 
commutation  granted  and  reasons  for  granting.      (Ore.  V  14; 

Wash.  Ill  11.) 

Governor  annually  to  communicate  to  legislature  each  case  of 
commutation  granted,  stating  name  of  convict,  crime  for  which 
convicted,  sentence,  its  date  and  date  of  commutation.      (N.Y. 

IV  5.) 

Same;   adds  "with  reasons  therefor".    (Wis.  V  6.) 

Governor  to  communicate  to  legislature  at  beginning  of  every 
session  each  case  of  commutation  granted,  stating  name  of 
convict,  crime  for  which  convicted,  sentence,  its  date  and  date 
of  commutation.      (Fla.  IV  11;  Nev.  V  13.) 

Governor  to  report  to  legislature  at  each  session  each  case  of 
commutation  granted,  and  reasons  therefor.      (Mich.  VI  9.) 

Governor  to  communicate  to  legislature  at  each  session  particu- 
lars  of   every   punishment   commuted,   with   reasons   therefor. 

(Va.  V  73;  W.Va.  VII  11.) 

Governor  to  communicate  to  legislature  at  each  session  every 
commutation  with  reasons  therefor,  and  opinion  of  board  of 
pardons  in  each  case,  stating  name  and  crime  of  convict, 
sentence,  its  date  and  date  of  commutation.      (Ala.  V  124.) 

Governor  to  communicate  to  legislature  at  each  session  each 
case  of  commutation  granted,  stating  name  of  convict,  crime 
of  which  convicted,  sentence,  its  date,  date  of  commutation 
and  conditions  upon  which  granted.      (Me.  V  Pt.  I   11.) 

Governor  to  communicate,  to  legislature  at  each  session  each 
case  of  commutation  granted,  stating  name  of  convict,  offense 
for  which  convicted,  sentence,  its  date,  date  of  commutation 
and  reasons  for  granting.      (Ga.  V  Sec.   I   12;   Mo.  V  8.) 

Governor  to  communicate  to  legislature  at  every  regular  session, 
each  case  of  commutation,  stating  name  and  crime  of  convict, 
sentence,  its  date  and  date  of  commutation.     (Nebr.  V  13.) 


498  State  Constitutions 


CRIMES   (Cont'd) 

Commutation  of  Sentences   (Cont'd) 
Report  of  Action  (Cont'd) 

Governor  shall  communicate  to  legislature  at  each  regular  ses- 
sion, each  case  of  commutation  granted,  stating  the  name  of 
convict,  crime  of  which  he  was  convicted,  date  and  place  of 
conviction  and  date  of  commutation.  (Okla.  VI  10.) 
Governor  to  communicate  to  legislature  at  each  regular  session 
each  case  of  commutation  granted,  stating  name  of  convict, 
crime  for  which  convicted,  sentence,  its  date,  date  of  commuta- 
tion, with  reasons  for  granting.  (Ark.  VI  18;  N.D.  Ill  76; 
Ohio  III  11;  S.D.  IV  5;  Wyo.  IV  5.) 
Same;   adds  "and  objection,  if  any,  of  any  member  of  board". 

(Ida.  IV  7;   Mont.  VII  9;  Utah  VII  12.) 
Governor  biennially  to  communicate  to  legislature  each  case  of 
commutation  granted,  stating  name  of  convict,  crime  for  which 
convicted,  sentence,  its  date,  date  of  commutation  and  reasons 

therefor.     (N.C.  Ill  6.) 
Contempts,  See  Contempts. 

Counsel,  Eight  to,  See  Courts  —  Counsel,  Right  to. 
Disposition  op  Fines,  Penalties  and  Forfeitures 

Fines  and  forfeitures  collected  under  penal  laws  of  state  to  be  paid 
into  county  treasury  as  general  county  fund  to  be  applied  to  costs 
and   expenses  of   criminal   cases   where  defendant  is   insolvent  or 

discharged.     (Fla.  XVI  9.) 
All  net  fines  and  forfeitures  paid  into  treasury  of  county  in  which 

prosecutions  begun.      (Miss.  XIV  261.) 
Fines  and  penalties  in  justices  of  peace  and  magistrates'  courts  paid 

into  county  treasury.     (Pa.  V  13.) 

Legislature  to  provide  for  utilizing  fines  and  forfeitures  for  laying 

out  and  working  public  roads  and  building  bridges.     (Tex.  XVI  24.) 

Fines   and  penalties  for  infringement  of  ordinance  relative  to  roads 

and  bridges  to  go,  when  collected,  into  road  and  bridge  fund  of 

parish.     (La.  292.) 

Fines   assessed   and   collected   in   counties,   cities   and   townships   for 

breach    of    penal    laws,    to    be    exclusively    applied    to    support   of 

libraries.     (Mich.  XI  14.) 
Paid  into  school  fund,  See  Education — Funds. 
As  Disqualification  or  Disability 

For    public    office    (including    relief    from    disability),    See    Public 

Officers. 
For  seat  in  legislature,  See  Legislature. 
For  voting,  See  Elections. 
For  jury  service,  See  Juries. 
Pardons  in  cases  of  felony  and  other  offenses  involving  moral  turpi- 
tude, not  to  relieve  from  civil  and  political  disability,  unless 
approved  by  board  and  specifically  expressed  in  pardon.      (Ala. 

124.) 
Governor  may  remove  political  disabilities  resulting  from  convictior 

for  offenses.     (Va.  V  73.)' 


Index  Digest  499 


CRIMES   (Cont'd) 

As  Disqualification  or  Disability  (Cont'd) 

Governor  may  remove  disabilities  imposed  by  law   after  conviction, 

except  for  treason  and  impeachment.      (Ga.  V  Sec.  I   12.) 
Private,  local   or   special   law  not   to   restore  to   citizenship   person 
convicted  of  infamous  crime.      (Gal.  IV  25;  Ida.  Ill  19;  Ky.  59; 
Mont.  V  26;  N.M.  IV  24;  N.D.  II  69;  YYyo.  Ill  27.) 
Rights  of  citizenship  not  to  be  restored  by  private  law   to  person 
convicted  of  infamous  crime,  but  general  law  may  regulate.     (N.C. 

II  11.) 
Double  Jeopardy,  See  Jeopardy. 
Dueling,  See  Dueling. 
Evidence,  See  Evidence. 

Ex  Post  Facto  Laws,  See  Ex  Post  Facto  Laws. 
Expenses  of  Prosecution 

In  criminal  cases  prosecuted  in  name  of  state  when  defendant  is 
insolvent  or  discharged,  costs  and  expenses,  including  fees  of  offi- 
cers, shall  be  paid  by  counties  where  crime  is  committed,  under 
regulations  prescribed  by  law;  but  fines  and  forfeitures  collected 
under  penal  laws  of  state  to  be  paid  into  county  treasury  as  gen- 
eral county  fund  to  be  applied  to  legal  costs  and  expenses.     (Fla. 

XVI  9.) 

Expenses   of   criminal   prosecutions,   except   those  before   justices   of 

the  peace,  to  be  borne  by  county  in  which  prosecution  begun,  and 

all   net   fines   and   forfeitures   to   be   paid   into   treasury   of    such 

county.     (Miss.  XIV  261.) 
Expenses    incurred    by    counties    in    investigating    and    prosecuting 
bribery  of  or  receiving  of  bribes  by  any  person  holding  office  under 
laws  of  state  shall  be  charged  against  state  and  their  payment  by 
state  to  be  provided  by  law.      (X.Y.  XIII  6.) 
As  to  costs,  See  Courts  —  Costs  and  Fees. 

Felony,  Definition  of 

The  term  "felony"  whenever  occurring  in  constitution  or  laws  to 
mean   criminal   offense   punishable  by   death   or   imprisonment   in 

penitentiary.     (Fla.  XVI  25.) 
Same;   adds  "and  none  other".      (Colo.  XVIII  4.) 

Form  of  Accusation 
In  General 

For  requirement  in  general  of  due  course  of  law,  See  beloic,  this 

title,  Rights  of  Accused  —  In  General. 
Criminal  cases  in  county  courts  not  to  be  by  indictment,  but  to 
be  by  information  or  otherwise  as  prescribed  by  law.      (S.D. 

V  21.) 
Prosecutions  in  county  courts  may  be  commenced  in  manner 
provided  by  law;  may  be  commenced  by  information  by  county 
attorney,  or  by  affidavit,  as  prescribed  by  law;  if  indictment 
quashed  in  county  or  inferior  court,  person  charged  not  to  be 
released  but  held  to  answer  information  or  affidavit,  if  prob- 
able cause  of  guilt.     (Tex.  V  29,  17.) 


iOO  State  Constitutions 


CRIMES   (Cont'd) 

Form  of  Accusation   (Cont'd) 
Indictment 

General  Rule 

For  cases  tchcre  general  rule  is  either  indictment  or  informa- 
tion, Sec   bcloic,   this  subdivision,  Indictment  or  Infor- 
mation. 
For  number  of  grand  jurors  necessary  to  find  indictment,  and 

composition,  selection,  etc.,  of  grand  jury,  See  Juries. 
Indictment  required.     (111.  II  8;   Tex.  I  10.) 
Indictment  or  presentment  required  in  all  cases.      (Ark.  II 
8;   Nebr.  I  10;  N.J.  I   9;   S.C.  I  17;   Tenn.  I   14;   W.Va. 

Ill  4.) 

No    person    to    be    prosecuted    by    information    in    case    of 

indictable   offense.      (Ala.   I   8;    Del.   I   8;    Ky.    12;    Miss. 

Ill  27;  Pa.  I  10.) 
Indictment  or  presentment  required  in  all  cases   except  as 

hereinafter  allowed.     (N.C.  I  12.) 
Indictment  or  presentment  required  in  capital  or  felonious 

cases  or  in  cases  of  infamous  crime.      (N.M.  II  14.) 
Indictment  or  presentment  required  in  capital  or  felonious 

cases.     (Fla.  D.R.  10.) 
Indictment  or  presentment  required  in  capital  or  infamous 

cases.      (Me.  I  7;   N.Y.  I  6;  Ohio  I  10;  R.I.  I  7.) 
Indictment  or  presentment  required  in  cases,  punishment  for 
which  may  be  death  or  imprisonment  for  life.     (Conn.  I  9.) 
Indictment  required  in  cases  of  felony  until  otherwise  pro- 
vided by  law.      (Colo.  II  8;  N.D.  I  S;  Wyo.  I  13.) 
Indictment    or    presentment    required    in    case    of    offenses 
"  higher  "  than  "  offenses  less  than  felony,   and  in  which 
punishment  does  not  exceed  fine  of  $100,  or  imprisonment 
for  30  days".      (Iowa  I  11.) 
Indictment  or  presentment  required  in  capital  cases.     (La.  9.) 
Indictment  required  in  cases  in  general  trial  court  in  case 
of  crime  or  misdemeanor  defined  or  made  punishable  by 
laws  of  state;  amended  indictment  may  be  filed  by  district 
attorney   when   indictment  held   to  be  defective  in   form. 

(Ore.  VII  5.) 
Indictment  not  to  be  used  in  county  courts..    (S.D.  V  21.) 
Exceptions 

For  exceptions  where  general  rule  is  indictment  or  informa- 
tion, See  below,  this  subdivision,  Indictment  or  Informa- 
tion. 
For  power  of  legislature  to  make  other  provisions,  See  sub- 
head immediately  following  this  one. 
Cases  of  impeachment.      (Ark.  II  8;  Fla.  D.R.  10;  111.  II  8; 
Me.  I  7;  Nebr.  I  10;  N.J.  I  9;  N.Y.  I  6;  N.C.  I  12;  Ohio 
I  10;  R.I.  I  7;  Tenn.  I  14;  Tex.  I  10.) 
Cases  of  misdemeanor   in   office  by  leave  of  court.      (Miss. 

Ill  27.) 


Index  Digest  501 


CRIMES   (Cont'd) 

Form  of  Accusation  (Cont'd) 
Indictment  (Cont'd) 

Exceptions    ( Cont'd) 

Cases   of   oppression   or   misdemeanor    in   office   by   leave   of 

court.      (Ky.   12;   Pa.  I   10.) 
Cases  of  oppression,  extortion,  misfeasance  or  misdemeanor 

in  office,  by  leave  of  court.      (Ala.  I  8.) 
Cases  in  which  punishment  is  by  fine,  or  imprisonment  other- 
wise than  in  penitentiary.      (111.  II  8;  Nebr.  I  10;  Tex.  I 

10.) 
Cases  in  which  punishment  is  fine  of  $100  or  less,  or  im- 
prisonment  for    30   days    or    less   with    or   without   hard 

labor.  (S.C.  I  17.) 
Cases  "  less  than  felony,  and  in  which  punishment  does  not 
exceed  $100,  or  imprisonment  for  30  days  ",  tried  before 
justice  of  peace  or  other  officer  authorized  by  law,  on  in- 
formation under  oath,  without  indictment,  saving  to  de- 
fendant, right  of  appeal.  (Iowa  I  11.) 
Cases    in    which    punishment    is    less   than    imprisonment    in 

penitentiary.      (Ohio   I    10.) 
Cases    of    petit    larceny,    under    regulations    of    legislature. 

(N.Y.  I  6.) 
Cases  cognizable  by  justice  of  peace.      (X.J.  I  9;   R.I.  I  7; 

W.Va.  Ill  4.) 
Same;   adds  "usually".      (Me.  I  7.) 
Cases  which  legislature  shall  make  cognizable  by  justices  of 

peace  and  courts  of  similar  jurisdiction.  (Ark.  II  8.) 
Cases  arising  in  militia  when  in  actual  service  in  time  of 
war  or  public  danger.  (Ark.  II  8;  Colo.  II  8;  Conn.  I 
9;  Del.  I  8;  111.  II  8;  Iowa  I  11;  Ky.  12;  La.  9;  Me.  I  7; 
Xebr.  I  10;  X.J.  I  9;  X.M.  II  14;  X:D.  I  8;  Ohio  I  10;  Pa. 
I  10;  R.I.  I  7;  S.C.  I  17;  Tex.  I  10;  Wyo.  I  13.) 
Same;    omits  "in  time  of  war  or  public  danger".      (Miss. 

Ill  27.) 

Cases  arising  in  militia  and  volunteer  forces  when  in  actual 

service  or  assembled  under  arms  as  military  organization. 

(Ala.  I  8.) 

Cases   in   militia   in   active   service   in   war   time,   or   which 

Btate,  with  the  consent  of  Congress,  may  keep  in  time  of 

peace.      (Fla.  D.R.  10.) 

Cases  of  militia  in  actual  service,  and  land  or  naval  forces 

in  time  of  war  or  which  state  may  keep  with  consent  of 

Congress  in  time  of  peace.      (X.Y.  I  6.) 

Cases  arising  in  land  or  naval   forces.      (Colo.  II  8;   Conn. 

I  9;  Del.  I  8;  Ky.  12;  Miss.  Ill  27;  N.D.  I  8;  Pa.  I  10; 

R.I.  17;   S.C.  I  17;   Wyo.  I  13.) 

Cases  arising  in  army  or  navy.      (111.  II  8;   Iowa  I  11;   Me. 

I  7;  Xebr.  I  10;   X.J.  I  9;   Ohio  I   10;  Tex.  I  10.) 
Cases  arising  in  army  and  navy  of  United  States.      (Ark.  II 

8.) 


502  State  Constitutions 


CRIMES  (Cont'd) 

.Form  of  Accusation   (Cont'd) 
Indictment   (Cont'd) 

Power  of  Legislature  to   Provide  Other  Method 

In   cases  where  general  rule  is  indictment   or  information, 
See  beloiv,  this  subdivision,  Indictment  or  Information. 
May  abolish  grand  jury  system.      (111.  II  8.) 
Legislature  may  abolish  or  modify  grand  jury  system    (no 

other  provision  in  constitution).      (Ind.  VII   17.) 

Legislature    may    change,    regulate    or    abolish   grand    jury 

system.      (Colo.  II  23;  Nebr.  I  10;  N.D.  I  8;  Wyo.  I  9.) 

Legislature  may  provide  for  holding  persons  to  answer  for 

any  criminal   offense  without  intervention  of  grand  jury. 

(Iowa  V  15.) 
Legislature  may  provide  for  holding  persons  for  answer  on 

information  of  public  prosecutor.  (Nebr.  I  10.) 
In  cases  of  misdemeanor  legislature  may  dispense  with  grand 
jury  and  authorize  proceedings  and  prosecutions  before 
justice  of  peace  or  inferior  courts.  (Ala.  I  8.) 
Legislature,  in  cases  not  punishable  by  death  or  by  im- 
prisonment in  penitentiary,  may  dispense  with  grand  jury 
and  authorize  prosecutions  before  justices  of  peace  or 
such  other  inferior  courts  as  may  be  established,  and 
proceedings  in  such  cases  to  be  regulated  by  law.      (Miss. 

III  27.) 
Legislature   may    invest    corporation    courts   for   towns   and 

cities  with  jurisdiction  of  offense  not  punishable  by  death 
or  imprisonment  in  penitentiary,  with  or  without  indict- 
ment. (Ark.  VII  43.) 
Legislature  may  provide  for  trial  by  inferior  courts  or  jus- 
tices of  the  peace  with  or  without  indictment  by  grand 
jury  of  numerous  specified  misdemeanors  and  such  other 
misdemeanors  as  legislature  may  prescribe  by  vote  of 
two-thirds   of   all   members   elected  to  each   house.      (Del. 

IV  30.) 
Waiver                                                                 • 

Any  person  held  by  committing  magistrate  to  await  action 
of  grand  jury  on  charge  of  felony  or  other  infamous  crime, 
may,  in  open  court,  with  consent  of  court  and  district 
attorney,  to  be  entered  upon  record,  waive  indictment 
and  plead  to  information  in  form  of  indictment  filed  by 
district  attorney.  (X.M.  XX  20.) 
Indictment  or  Information 
General  Rule 

For  cases  in  which  indictment  is  only  method,  See  above, 

this  subdivision,  Indictment. 

For  number  of  grand  jurors  necessary  to  find  indictment, 

and  composition,  selection,  etc.,  of  grand  jury,  See  Juries. 

Indictment,  presentment  or  information  by  public  prosecutor 

required  in  all  cases.      (S.D.  VI  10.) 


Index  Digest  503 


CRIMES  (Cont'd) 

Form  of  Accusation  (Cont'd) 

Indictment  or  Information  .  (Cont'd) 
General  Rule  (Cont'd) 

"  No  person  to  be  held  to  answer  for  any  offense  unless  on 
presentment  or  indictment  of  a  grand  jury,  or  on  infor- 
mation of  the  public  prosecutor,  after  commitment  by  a 
magistrate";  after  charge  ignored  by  grand  jury  no  per- 
son held  to  answer,  or  for  trial  therefor,  on  information 
of  public  prosecutor.      ( Ida.  I  8. ) 

Indictment  or  information  in  cases  of  felony  or  misdemeanor 
to  be  concurrent  remedies.      (Mo.  II  12.) 

Cases   heretofore   required   to   be   prosecuted   by   indictment 
may  be  prosecuted  by  information  or   indictment  as  pre- 
scribed by  law.      (Wash.  I  25.) 

Offenses  heretofore  required  to  be  prosecuted  by  indictment, 
to  be  prosecuted  by  information,  after  examination  and 
commitment  by  magistrate,  unless  examination  waived  by 
accused  with  consent  of  state,  or  by  indictment,  with 
or  without  such  examination  and  commitment.      (Utah   I 

13.) 

Offenses  heretofore  required  to  be  prosecuted  by  indictment, 
to  be  prosecuted  by  information,  after  examination  and 
commitment  by  magistrate,  or  by  indictment,  with  or  with- 
out such  examination  and  commitment,  as  prescribed  by 

law.      (Cal.  I  8.) 

Indictment  or  information  required  in  all  cases  of  felony  or 
misdemeanor  in  courts  of  record;  preliminary  examination 
by  magistrate  required  in  cases  of  felony  prosecuted  by 
information,  unless  waived.      (Ariz.  II  30.) 

Indictment,  presentment  or  information  required  in  cases  of 
felony  or  misdemeanor  in  courts  of  record;  preliminary 
examination  by  magistrate  required  in  cases  of  felony 
prosecuted  by  information,  unless  waived.      (Okla.  II  17.) 

Indictment,  presentment  or  information  by  district  attor- 
ney or  attorney-general,  required  in  capital  cases  or  other 
infamous  crimes.      (Nev.  I  8.; 

Indictment  or  information  required  in  all  cases  other  than 

felony.     (Colo.  II  8;  X.D.  I.  8.) 

Indictment  or  information  required  in  all  cases  except  capi- 
tal crimes.      (La.  9.) 

Criminal  actions  in  general  trial  courts,  except  those  on 
appeal,  to  be  prosecuted  by  information,  after  examination 
and  commitment  by  a  magistrate,  or  after  leave  granted 
by  court,  or  shall  be  prosecuted  by  indictment  without 
such  examination,  commitment,  or  leave  of  court.      (Mont. 

Ill    8.) 

All  offenses  triable  in  criminal  court  prosecuted  upon  in- 
formation under  oath  to  be  filed  by  prosecuting  attorney, 
but  grand  jury  of  general  trial  court  for  county  in  which 


504  State  Constitutions 


CRIMES   (Cont'd) 

Form  of  Accusation  (Cont'd) 

Indictment  or  Information    (Cont'd) 
General  Rule  (Cont'd) 

criminal  court  is  held  may  indict  for  offenses  triable  in  the 
criminal  court;  upon  the  finding  of  indictment,  the  cir- 
cuit judges  shall  commit  or  bail  the  accused  for  trial  in 
the  criminal  court  which  trial  shall  be  upon  information. 

(Fla.  V  28.) 
Exceptions 

For  exceptions  where  indictment  is  only  method,  See  above, 

this  subdivision,  Indictment. 
For  power  of  legislature  to  make  other  provisions,  See  sub- 
head iminediately  following  this. 
Cases  of  impeachment.      (Ida.  I  8;   Xev.  I  8;   S.D.  VI   10.) 
Cases  cognizable  by  county  courts.      (S.D.  VI  10.) 
Cases   cognizable  by   justices'   courts.      (Ida.   I    8;    S.D.   VI 

10.) 
Cases  cognizable  by  probate  courts.      (Ida.  I  8.) 
Cases    of    petit    larceny,    under    regulations  <of    legislature. 

(Xev.   I   8.) 
Misdemeanors  in  police  courts  to  be  prosecuted  by  informa- 
tion.     (N.D.  IV  113.) 
Cases  in  militia  in  actual  service  in  time  of  war  or  public 

danger.      (Ida.  I  8;  Mo.  II  12;   S.D.  VI  10.) 
Cases  arising  in   land  or  naval  forces.      (Mo.   II   12.) 
Cases  arising  in  army  or  navy.      (S.D.  VI  10.) 
Cases  of  militia  when  in  actual  service,  and  land  and  naval 
forces  in  time  of  war,  or  which  state  may  keep,  writh  con 
sent  of  Congress,  in  time  of  peace.     (Nev.  I  8.) 

Power  of  Legislature  to  Provide  Other  Method 

In  cases  inhere  indictment  is  only  method,  See  above,  this 

subdivision,   Indictment. 
Legislature  may   abolish   or   modify  grand   jury.      (S.D.   VI 

10.) 
Legislature   may   provide   for   prosecuting  misdemeanors  on 

affidavit.      (La.    9.) 
Complaint 

In    courts   not   of    record,    prosecution    may   be   instituted    upon 

sworn  complaint.      (Ariz.  VI  9.) 
Prosecutions  may  be  instituted  in  courts  not  of  record  by  duly 

verified   complaint.      (Okla.    II    17.) 
Offenses  of  which  justices'   courts  and  other   courts   inferior  to 
general   trial  court  have  jurisdiction  to  be  prosecuted  in  all 
courts  inferior   to  general   trial   court  by  complaint.      (Mont. 

Ill    8.) 
Style 

Prosecutions  to  be  carried  on  in  the  name  of  the  state.      (Del.  IV 
35;  Kan.  Ill  17;  Nebr.  VI  24;  NJVI.  VI  20.) 


Index  Digest  505 


IRIMES   (Cont'd) 

Form  of  Accusation   (Cont'd) 
Style   (Cont'd) 

Prosecutions  to  commence   "  by  the  authority   of  the  state  of " 

(Vt.  II  31.) 

Prosecutions  to  be  carried  on   in  name  and  by  authority  of  the 

state  of (Ala.  VI  170;  Ind.  VII  18;  La.  90;  Miss.  VI 

169;  Mont.  VIII  27;  N.D.  IV  97;  Ohio  IV  20;  Okla.  VII  19; 
Pa.  V  23;  S.D.  V  38;  Tex.  V  12;  Utah  VIII  18;  Wis.  VII  17.) 
Prosecutions  to  be  in  the  name  and  by  the  authority  of  the  com- 
monwealth.     (Ky.  123.) 
Prosecutions  to  be  carried  on  in  the  name  and  by  authority  of 

"  the  people  of  the  state  of" (Cal.  VI  20;  Colo.  VI  30; 

111.  VI   33.) 

Prosecutions  to  conclude  against  the  peace  and  dignity  of  the 

state.      (Ala.  VI   170;   Colo.  VI  30;  111.  VI  33;  Ky.   123;   La. 

90;  N.D.  IV  97;   Pa.  V  23;  Tex.  V  12.) 

Indictments  to   conclude   against  the   peace   and   dignity  of  the 

state.      (Ark.   VII   49;    Minn.   VI    14;    Miss.   VI    169;    Mo.   VI 

38;   Ohio  IV  20;    S.C.  V  31;   Tenn.  VI   12;  Vt.  II  31;  Va.  VI 

106;   W.Va.  II  8;   Wis.  VII   17.) 

Indictments,  presentments  and  informations  to  conclude  against 

the  peace  and  dignity  of  the  state.      (N.H.  II  87.) 
Indictments,    informations   and   complaints   to   conclude   against 

the  peace  and  dignity  of  the  state.      (Okla.  VII  19.) 
Indictments  to  conclude  against  the  peace,  government  and  dig- 
nity of  the  state.      (Md.  IV  13.) 
Indictments   to    conclude   against   the   peace    of    this    state,    the 
government   and  dignity   of  the   same.      (X.J.   VIII   3.) 
Fraud 

Legislature  may  provide  for  punishment.     (Ga.  I  Sec.  II  6.) 
Gambling,  See  Gambling. 
Grand  Juries,  See  Juries. 
Habeas  Corpus,  Sec  Habeas  Corpus. 
Jeopardt,  See  Jeopardy. 
Jury  Trial,  See  Juries. 
Libel,  See  Libel  and  Slander. 
Limitation  of  Actions,  See  Courts. 
Local,  Private  or  Special  Laws 

No  person  ought  to  be  declared  guilty  of  treason  or  felony  by  legis- 
lature.     (Vt.   II    56.) 
Crimes  and  misdemeanors  not  to  be  punished  by   local,  private  or 
special  law.      (Ariz.  IV  19;  Cal.  IV  25;  Fla.  Ill  20;  Ida.  Ill  19; 
Ind.  IV  22;  Ky.  59;  New  IV  20;  N.M.  IV  24;  Ore.  IV  23;  Utah 

VI    26.) 
Punishment  not  to  be  fixed  by  local,  private  or  special  law.      (Ala. 

IV  104;  Va.  IV  63.) 
Not  to  be  punished  by  local  or  special  law.      (Mont.  V  26;   N.D.  II 

69;    Wyo.   Ill   27.) 
Lotteries,  See  Lotteries. 


506  State  Constitutions 


CRIMES   (Cont'd) 

Monopolies  and  Trusts,  See  Monopolies  and  Trusts. 
Pardons 

In  Cases  of  Impeachment,  See  Impeachment. 
In  Cases  of  Treason,  See  Treason. 

Restoration  of  Rights  by,  See  above,  this  title,  As  Disqualification 

or  Disability. 
Reprieves,  See  below,  this  title.  Reprieves. 

Commutation   of   Sentence,    Bee  above,  this  title,  Commutation  of 

Sentences. 

Remission  of  Fines,  Penalties  and  Forfeitures,  See  below,  this  title, 

Remission  of  Fines,  Penalties  and  Forfeitures. 
Suspension  of  Fines  and  Forfeitures,  See  below,  this  title,  Suspen- 
sion of  Fines  and  Forfeitures. 
Power  Vested  in  Whom 
Governor  Alone 

Governor   may   grant   pardons.      (Ky.    77;    Md.   II   20;    Vt. 

II  20.) 
Same;    subject,  to   regulations   prescribed  by  law.      (Ore.  V 

14.) 

Pardoning  power  to  be  vested  in  governor  under  regulations 

and   restrictions   prescribed  by   law.      (Kan.   I   7;    Wash. 

III  9.) 
Governor   may  grant   pardons   after   conviction.      (Ark.   VI 

18;    Miss.   V   124;    Tenn.   Ill   6;    Tex.   IV   11;    Va.   V   73; 

W.Va.  VII  11.) 

Same;  subject  to  regulations  prescribed  by  law  relative  to 
manner  of  applying  therefor.  (Colo.  IV  7-;  Ga.  V  Sec. 
I    12;    111.   V   13;    Wyo.   IV  5.) 

Governor  may  grant  pardons  after  conviction,  subject  to 
regulations  prescribed  by  law.      (Ariz.  V  5;  Iowa  IV  16; 

N.M.  V  6.) 

Governor  may  grant  pardons  after  conviction  where  sen- 
tence is  for  two  years  or  less,  or  a  fine  of  $200  or  less, 
subject  to  regulations  prescribed  by  law  relative  to  man- 
ner of  applying.      (S.D.  IV  5.) 

Governor  may  grant  pardons  after  conviction,  but  legis- 
lature may  by  law  create  a  council  of  officers  of  state, 
without  whose  consent  governor  may  not  grant  pardons 
except  in  cases  prescribed  by  law.      (Ind.  V  17.) 

Governor  may  grant  pardons  after  conviction,  upon  such 
conditions  and  under  such  restrictions  and  limitations  as 
he   may   think   proper.      (Nebr.   V    13;    N.Y.    IV   5;    N.C. 

Ill  6.) 

Same,  subject  to  regulations  prescribed  by  law  relative  to 
manner  of  applying.     (Cal.  VII  1;  Mich.  VI  9;  Mo.  V  8; 

Ohio  III  1;  Wis.  V  6.) 

Governor  may  grant  pardons  after  conviction  upon  such 
conditions  and  under  such  restrictions  and  limitations 
as  he  may  think  proper,  subject  to  regulations  prescribed 

by  law.     (Okla.  VI  10.) 


Index  Digest  507 


CRIMES  (Cont'd) 

Pardons  {Cont'd) 

Power  Vested  in  Whom   {Cont'd) 
Governor  Alone   {Cont'd) 

Neither  governor  nor  legislature  shall  have  power  to  grant 
pardons  in  any  case  where  the  convict  has  been  twice 
convicted  of  a  felony,  unless  upon  the  written  recom- 
mendation  of   a   majority   of  the  judges   of   the   supremo 

court.     (Cal.  VII  1.) 
Governor  may,  after  five  years  from  time  of  offense,  pardon 
person  who  has  participated  in  duel  as  principal,  second  or 
otherwise,  and  restore  him  to  all  rights,  privileges  and  im- 
munities to  which  he  was  entitled  before.      (Ky.  240.) 

Governor   (Board  Advisory  Only) 

Governor  may,  after  conviction,  grant  pardons;  board  to 
meet  on  call  of  governor  and  there  shall  be  laid  before 
them  all  recommendations  and  petitions  for  pardon  in 
cases  of  felony;  board  to  hear  them  in  open  session  and 
give  opinion  in  writing  to  governor;  thereupon,  or  if 
board  fails  to  advise  for  more  than  60  days,  governor 
may  grant  or  refuse  pardon  as  he  deems  proper.      (Ala. 

V   124.) 

Governor  may  grant  pardons  after  conviction  in  such  man- 
ner and  under  such  terms  and  such  restrictions  as  he  may 
think  proper.  Every  petition  for  pardon  may  be  first  re- 
ferred to  board  of  pardons  to  be  provided  by  legislature 
to  hear  all  such  petitions  under  rules  and  regulations 
prescribed  by  law.  Governor  may  adopt  recommendations 
of  board,  but  if  not,  he  shall  submit  reasons  to  legislature. 

(S.C.  IV  11.) 
Governor  with  "Advice"  of  Board 

Pardoning  power  to  be  vested  in  governor  with  "  advice " 
of  council;  but  pardon  before  conviction  not  to  be  valid 
notwithstanding  anything  contained  in  it  descriptive  of 
offense   intended   to   be   pardoned.      (Mass.   Pt.   II   Ch.   II 

Sec.  I  8;  N.H.  II  51.) 
Governor  on  Recommendation  of  Board 

Governor  may  grant  pardons  on  recommendation  in  writing 
of  majority  of  board.      (Del.  VII  1;  Pa.  IV  9.) 

Same;   after  conviction.      (La.  70.) 

Governor  may  grant  pardons  after  conviction;  but  where 
a  sentence  is  capital  punishment,  imprisonment  for  life 
or  for  more  than  two  years,  or  a  fine  exceeding  $200,  no 
pardon  to  be  granted,  except  on  recommendation  in  writ- 
ing of  board  of  pardons;  subject  to  regulations  prescribed 
by  law  relative  to  manner  of  applying.     (S.D.  IV  5.) 

Governor  with  Approval  of  Board 

Governor  may  grant  pardons,  absolute  or  conditional,  after 
conviction;  but  before  granting  governor's  action  to  be 
approved  by  board  or  majority  thereof.      (Mont.  VII  9.) 


508  State  Constitutions 


.) 


CRIMES  (Cont'd) 

Pardons   (Cont'd) 

Power  Vested  in  Whom   (Cont'd) 

Governor  with  Approval  of  Board   (Cont'd) 

Governor  with  advice  and  consent  of  senate  exclusively  to 
exercise  pardoning  power  to  same  extent  as  power  is  now 
exercised  by  legislature.  (K.I.  Amend.  II.) 
Governor  with  advice  and  consent  of  council  may  grant 
pardons  upon  such  conditions  and  with  such  restrictions 
and  limitations  as  may  be  deemed  proper,  subject  to  regu- 
lations prescribed  by  law  relative  to  manner  of  applying. 

(Me.  V  Pt.  I   11.) 
Governor  may  grant  pardons  after  conviction,  but  legisla- 
ture may  by  law  create  a  council  of  officers  of  state,  with- 
out whose  consent  governor  may  not  grant  pardons  except 
in  cases  prescribed  by  law.      (Ind.  V  17.) 
Governor  "in  Conjunction"  with  Board 

Governor,  "  in  conjunction  "  with  board  ( of  which  he  is  a 
member),  may  grant  pardons  after  conviction,  subject  to 
regulations  prescribed  by  law  relative  to  manner  of  apply- 
ing. (N.D.  Ill  76.) 
Governor,  "  in  conjunction  "  with  board  ( of  which  he  is  a 
member),  may  grant  pardons  after  conviction;  powers  and 
duties  of  board  to  be  defined  and  regulated  by  law.    ( Minn. 

V  4.) 
Board  of  Pardons  (of  Which  Governor  a  Member) 

Board  of  pardons,  or  majority  of  them,  of  whom  governor  or 
person  administering  government  shall  be  one,  may  grant 
pardons  after  conviction.     (N.J.  V  10.) 
Board  of  pardons,  or  majority,  may  grant  pardons  after  con- 
viction,  either   absolutely  or  upon  conditions,   subject  to 
regulations  prescribed  by  law  relative  to  manner  of  apply- 
ing.    (Ida.  IV  7.) 
Board  of  pardons,  by  majority  including  governor,  may,  upon 
such  conditions  and  with  such  limitations  and  restrictions 
as  they  deem  proper,  grant  pardons  after  conviction,  sub- 
ject to  regulations  prescribed  by  law  relative  to  manner 
of  applying.      (Fla.  IV  12;  Nev.  V  14;  Utah  VII  12.) 
Legislature 

Apparently   in   Connecticut  only  the  legislature  may  grant 

pardons.     (Conn.  IV  10.) 
Neither  governor  nor  legislature  shall  have  power  to  grant 
pardons   in   any  case  where   convict   has  been  twice  con- 
victed of  a  felony,  unless  upon  the  written  recommendation 
of  a  majority  of  the  judges  of  the  supreme  court.      (Cal. 

VII  1.) 
Procedure  and   Regulations 

Power  to  grant  pardon  to  be  subject  to  regulations  prescribed  by 
law.     (Ariz.  V  5;  Iowa  IV  16;  Kan.  I  7;  N.M.  V  6;  Okla.  VI 

10;  Ore.  V  4;  Wash.  Ill  9.) 


Index  Digest  509 


CRIMES  {Cont'd) 

Pa  BOONS   (Cont'd) 

Procedure  and  Regulations    (Cont'd) 

Power  to  grant  pardons  to  be  subject  to  regulations  prescribed  by 
law  relative  to  manner  of   applying   therefor.      (Cal.  VII    1 
Colo.  IV  7;.  Fla.  IV  12;  Ga.  V  Sec.  I  12;  Ida.  IV  7;  111.  V  13 
Me.  V  Pt.  I  11;  Mich.  VI  9;  Mo.  V  8;  Nebr.  V  13;  Nev.  V  14 
N.Y.  IV  5;  N.C.  Ill  6;  N.D.  Ill  76;   Ohio  III  1;  S.D.  IV  5 

Utah  VII  12;  Wis.  V  6;  Wyo.  IV  5.) 
Hearing  of  board  required  to  be  on  "  public  notice  ".  (Pa.  IV  9.) 
No  pardon  to  be  granted  except  after  notice  of  time  and  place 

of  hearing.  (Utah  VII  12.) 
No  pardon  to  be  granted  until  previous  notice  of  time  and  place 
of  hearing  and  relief  applied  for  given  by  publication  in  news- 
paper of  general  circulation  at  least  once  a  week  for  four 
weeks.  (Ida.  IV  7;  Mont.  VII  9.) 
In  cases  of  felony  no  pardon  to  be  granted  until  application  has 
been  published  for  30  days  in  newspaper  in  county  where 
crime  was  committed,  or  if  none,  then  in  adjoining  county, 
setting  forth  reasons  why  pardon  should  be  granted.      (Miss. 

V  124.) 

Before  granting  nolle  prosequi  or  pardon,  governor  to  give  notice 

in  one  or  more  newspapers,  of  application  therefor,  and  of  time 

on  which  his  decision  will  be  given.      (Md.  II  20.) 

Legislature  to  prescribe  sessions  of  board.      (Ida.  IV  7;   Mont. 

VII  9.) 
Board  to  meet  on  call  of  governor.      (Ala.  V   124.) 
"  Full  hearing"  before  board  required.     (Del.  VII  1;  Ida.  IV  7; 

Mont.  VII  9;  Pa.  IV  9;  S.D.  IT  5;  Utah  VII  12.) 
Sessions  of  board  to  be  "  open  ".     (Ala.  V  124;  Ida.  IV  7;  Mont. 

VII  9;   Pa.  IV  9;   S.D.  IV  5;  Utah  VII  12.) 
Procedure  of  board  to  be  under   regulation   prescribed  by  law. 

(Ida,  IV  7;   Mont,  VII  9;   S.C.  IV  11.) 
Powers  and  duties  of  board  to  be  defined  and  regulated  by  law. 

(Minn.  V  4.) 
Board's  opinion   to  be  in   writing.      (Ala.   V   124;   Del.  VII   1; 

La.  70;  Pa.  IV  9;  S.D.  IV  5.) 
After   recommendations  of  board   filed   in   office  of   secretary   of 
state,  latter  to  notify  governor  forthwith.      (Del.  VII  1.) 

Composition  of  Board  of  Pardons 

Governor  or  person  administering  government,  chancellor  and  six 

judges  of  highest  court.     (N.J.  V  10.) 
Governor,  justices  of  highest  court  and  attorney-general.      (Nev. 

V  14.) 
Governor,  justices  of  highest   court  and   attorney-general,  until 

otherwise  provided  by  law.      (Utah  VII  12.) 
Governor,  secretary  of  state  and  attorney -general.     (Ida.  IV  7.) 
Governor,   secretary  of   state,   comptroller,   attorney-general   and 

commissioner  of  agriculture.     (Fla.  IV  12.) 


510  State  Constitutions 


CRIMES   (Cont'd) 

Pardoxs   (Cont'd) 

Composition  of  Board  of  Pardons   (Cont'd) 

Governor,   attorney-general   and   chief   justice   of   highest   court. 

(Minn.  V  4.) 

Governor,   attorney-general,   chief   justice   of   highest   court   and 

two  qualified  electors  appointed  by  governor.      (X.D.  Ill  76.) 

Chancellor,  lieutenant-governor,  secretary  of  state,  treasurer  and 

auditor;  may  require  information  from  attorney-general  on  any 

subject  relating  to  duties  of  the  board.      (Del.  VII  2,  3.) 

Lieutenant-governor,    attorney-general    and    presiding    judge    of 

court  in  which  conviction  had.      (La.  70.) 
Lieutenant-governor,  secretary  of  state,  attorney-general  and  sec- 
retary of  internal  affairs.      (Pa.  IV  9.) 
Attorney-general,  secretary  of  state  and  auditor.      (Ala.  V  124; 

Mont.  VII  9. ) 
Presiding  judge,  secretary  of  state  and  attorney-general.      (S.D. 

IV  5.) 
Senate.      (E.I.  Amend.  II.) 

Governor's  council.      (Mass.  Pt,  II  Ch.  II  Sec.  I  8;  Me.  V  Pt.  I 

11;  N.H.  II  51.) 
To  be  provided  by  legislature.     (Ind.  V  17;  S.C.  IV  11.) 
Report  of  Action 

Governor  to  file  with  each  application  for  pardon  a  statement 
of  reasons  for  his  .decision  thereon,  to  be  open  to  public  in- 
spection.     (Ky.  77.) 
Reasons  of  governor  for  rejecting  recommendations  of  board  to 

be  submitted  to  legislature.      (S.C.  IV  11.) 
In  all  cases  of  pardons  governor  shall  file  in  office  of  secretary 
,  of  state  his  reasons  therefor.     (Tex.  IV  11.) 
Recommendations  of  board,  with  reasons,  to  be  filed  in  office  of 

secretary  of  state.     (Del.  VII  1;  Pa.  IV  9;  S.D.  IV  5.) 
Proceedings  and  decisions  of  board,  with  reasons  in  each  case, 
together  with  dissent  of  any  member  disagreeing,  to  be  reduced 
to  writing  and  filed,  with  papers  used  upon  hearing,  in  office 
of  secretary  of  state.      (Utah  MI   12.)' 
Same;  adds  "signed  by  him"  after  "disagreeing".    (Ida.  IV  7; 

Mont.  VII  9.) 
Governor  to  report  to  either  house  whenever  required,  petitions, 
recommendations  a.nd   reasons   which   influenced   his   decisions 
in  case  of  pardon  granted.      (Md.  II  20.) 
Governor  to  keep  record  in  writing  of  grounds  of  all  pardons  to 
be  entered  in  register  and  laid  before  legislature  at  next  ses- 
sion.     (Del.  VII   1.) 
Governor  to  send  to  legislature  at  first  session,  transcript  of  the 
petition  or  proceedings,  and  reason  for  his  action,  in  cases  of 
exercise  of  power  to  grant  pardons.      (Colo.  IV  7.) 
Governor  to  report  to  legislature  at  next  meeting  each  case  of 

pardon  gralited.      (Ind.  V   17;   Iowa  IV   16.) 
Governor   to   report   to   legislature   at  next   session   all   pardons 
granted  with  report  of  board  of  pardons.     (S.C.  IV  11.) 


Index  Digest  5  1 1 


CRIMES  {Cont'd) 

Pardons  (Cont'd) 

Report  of  Action   (Cont'd) 

(Governor  to  report  to  legislature  at  next  meeting  each  case  of 
pardon  granted  and  reasons  for  granting.      (Ore.  V  14;  Wash. 

Ill  11.) 

Governor  annually  to  communicate  to  legislature  each  case  of 
pardon  granted,  stating  name  of  convict,  crime  for  which  con- 
victed, sentence,  its  date  and  date  of  pardon.      (X.Y.  IV  5.) 

Same;  adds  "with  reasons  therefor".    (Wis.  V  6.) 

Governor  to  communicate  to  legislature  at  beginning  of  every 
session  each  case  of  pardon  granted,  stating  name  of  convict, 
crime   for    which    convicted,    sentence,    its    date    and    date    of 

pardon.      (Fla.  IV  11;  Nev.  V  13.) 

Same;  adds  "reasons  for  granting".    (Cal.  VII  1.) 

Governor  to  report  to  legislature  at  each  session  each  case  of 
pardon  granted,  and  reasons  therefor.      (Mich.  VI  9.) 

Governor  to  communicate  to  legislature  at  each  session  particu- 
lars of  every  pardon  granted,  with  reasons  therefor.      ( Va.  V 

73;  W.Va.  VII  11.) 

Governor  to  communicate  to  legislature  at  each  session  every 
pardon  with  reasons  therefor,  and  opinion  of  board  of  pardons 
in  each  case,  stating  name  and  crime  of  convict,  sentence,  its 
date  and  date  of  pardon.      (Ala.  V  124.) 

Governor  to  communicate  to  legislature  at  each  session  each  case 
of  pardon  granted,  stating  name  of  convict,  crime  of  which  con- 
victed, sentence,  its  date,  date  of  pardon  and  conditions  upon 
which  granted.      (Me.  V  Pt,  I   11.) 

Governor  to  communicate  to  legislature  at  each  session  each  case 
of  pardon  granted,  stating  name  of  convict,  offense  for  which 
convicted,  sentence,  its  date,  date  of  pardon  and  reasons  for 
granting.      (Ga.  V  Sec.  I  12;  Mo.  V  8.) 

Governor  to  communicate  to  legislature  at  each  regular  session 
each  case  of  pardon,  stating  name  and  crime  of  convict, 
sentence,  its  date  and  date  of  pardon.     (Nebr.  V  13.) 

Governor  to  communicate  to  legislature  at  each  regular  session 
each  case  of  pardon  granted,  stating  name  of  convict,  crime  of 
which    convicted,    date    and    place    of    conviction    and    date    of 

pardon.     (Okla.  VI  10.) 

Governor  to  communicate  to  legislature  at  each  regular  session 
each  case  of  pardon  granted,  stating  name  of  convict,  crime  for 
which  convicted,  sentence,  its  date,  date  of  pardon,  with  rea- 
sons for  granting.      (Ark.  VI   18;  N.D.  Ill  76;   Ohio  III   11; 

S.D.  IV  5;  Wyo.  IV  5.) 

Same;  adds  "and  objection,  if  any,  of  any  member  of  board". 
(Ida.  IV  7;  Mont,  VII  9;  Utah  VII  12.) 

Governor  biennially  to  communicate  to  legislature  each  case  of 
pardon  granted,  stating  name  of  convict,  crime  for  which  con- 
victed, sentence,  its  date,  date  of  pardon  and  reasons  therefor. 

(N.C.  Ill  6.) 


f>  12 


Stai  D    <  lONSTTTUtlONfl 


CRIMES  {Cont'd) 

I'AICOI   I B| 

Governor  may  aftoi  conviction  grant   paroleij  board  of  pardoni  t<> 

niril    mi    cull    of    gOVOmoi     mid    IImii'    hIiiiII    lie    liuil    liefon-    IIhiii    nil 

i ii  umiiH'iulii i iiiiiii  iiml  petition ■  loi  piiiulc  in  cases  of  felony;  board 
in  hear  them  in  open  session  and  give  opinion  in  writing  in 
governor)  thereupon,  or  >i  board  imi  <  in  advise  for  more  Mum 
00  < 1 1 1 y n ,  govornor  may  grant  "i  refuse  parole  um  be  doemi 
propel  ;  governor  to  communicate  to  legislature  lit  each  session 
every  parole  granted  with  reasons  therefor,  snd  opinion  <>f  board 
nf  pardoni  In  each  cane,  stating  name  n ■  ■  < I  crime  of  convict,  (ten* 
ii'iiir,  i in  date,  iiml  data  <>r  parolo j  ai  to  composition  <>f  bomd  uf 
pardoni,  Bee  above,  thlt  title,  Pardons.  (Mu.  V  124.) 
Governor  may  grant  pnroleit  uftei  oonvictlon,  upon  such  condition^ 
iiml  wiili  such  rostrlctioni  iiml  limitations  as  he  may  deem  proper, 
subject  i"  regulations  prescribed  by  law;  governor  nlmll  communi 
ciiif  in  legislature,  al  aaeli  regular  session,  each  case  of  pa  roll 
grunted,  hIhIui^  name  of  convict,  crime  of  which  he  was  convicted, 
date  and  place  of  conviction  nud  date  of  par  old  (Okla.  VI  10.) 
I'oi.yiiamv,  Bee  Polygam  v. 

i'icii.imin akv  Examinations,  Bee  Courts      Trials. 
Prisons,  Bee  Penal  Institutions. 

PUNISH  MKNT 

Pardoni,  Bee  obovii  ttyit  ttii>-.  Pardons. 

Raprltvif,  Bee  below,  thit  title,  Reprieves. 

Coiiiiniii.il mu  di  Stntoncii,  See  above,  this  title,  Commutation  ok 

SKNTRNOSIi 
RimllliOB   <>l    Fines,   Penalties  and    Forfeitures,  Keo   below,   Huh   titld 

REMISSION    OF    PlNBS,    PENALTIES    ainii    FORFEITURES. 
SuipiQliOO    <>l    Pis  II    anil    Km  In  I  men,   000    below,    this    title,   SUHPKN" 

moN  of  Pines  anh  Forfeitures 
njii lira  in  Oinaral 

Legislature  to  grade  nil  misdemeanors  and  minor  offenses  ngalnil 
state  and  fix  minimum  and  maximum  penalties  therefor.    (I.h. 

159.) 

Death,  Imprisonment  wild  or  without   hard  labor,  lines,  removil 

from  office,  and  disqualification   to  hold   mnl  enjoy  oillee  of 

honor,   truft    or    | > ■  < > i i t    under  state,   to   be   only   puniHhmenl 

known  to  laws  of  state,     (N.c.  \i  i.) 

Municipal  ordinance  nol   to  •i1'  penalty  for  violation  thereof  nt 

leis  tliiin  l Imi  Imposed  by  statute  for  same  offense,     (Kv.  1(18.) 

Penalties  to  be  proportioned  to  nature  of  the  ufjTcnsc,     (ill.  II  1 1 ; 

imi.   I    III,    Nil...   I    10 1  OrS.   I    HI;   W.Vn.    Ill   B.) 

Penalties   mnl    punishments   to   be    proportioned    i<>   nature  of 

offense.      (  Me.   I  Di) 
Penalties  oughl   to  !'«•  proportioned  l<>  nature  of  offense.     (N  " 

1     IS;     U.I.     I    8.) 

inii'M  lo  in-  proportioned  to  offenses.     (\'i    ii  81.) 

I.nw  i  I'm    | ilinienl   In  lie  founded  <>n  principles  of  reformatlol 

mnl  pi  event  Ion     ( Mont.  1 1 1  B  >  i 


I  \hl'\       I  M..  !  \A'T  &18 


crimks  [Cont'd) 

Punishment  ( ( 'ont'd  i 

Nal  ura  la  Genera]  I '  'ont'd) 

IVlllll      I'llll1      Id      III'      I'lilllH'll      nil       1 1  I  I  1 1  I  M  M  I '      |H   III.    I  jili     I      ill        I  I'll  II  11)11  I   lull 

illlil    Jiri'M'nl  inn.       (  \\  \  ii.     I     15. J 

Punishments   in   be   founded   mi    prlnoiphis  ol   rofortnation    not 

vindictive  jAitice;     (N.H.  1   18;  <><<•    I   15  I 
I'lii'il  oude  <<>  be  founded  on   priDciplos  ol    reformation   nol    vln 

ilh'l  1\  r    Jlisl  nv.        (  lllil.     I      IN.  i 

Excessive  fines  prbhtblVod.     (Ala,  I   i.>,  M'la,  n    i.,,   \\i    n  0; 
Cal.  I  8j  <"l".  ii  20;  Cohnl  I  IS;  Deli  Mlj  Pla    D.P   8j  Qa.  I 

N,v.    |    II;    liln.    I    (i;    I  ml.    I     III,    I.iwm    II,";    Kan.    I :   R     9)    Kj      I" 
la.    1-J;    Mr    I    9)    Mil.    U.K.    26)    Miihh.    I'l      I    26 1    Ah.li     II     15) 

Miss,  1 1 1  28;  Mo.  t]  25;  Mont,  tl  I  20;  Nobr,  I  9j  Nev,  I  Q; 

Nil.    I    381;    N..I.    I    I.'.;   N.M.    II    1,1;    N.Y.    I    !<■    N  ( '.    I    II;    N   D 

I  i;,  ohi,.  I  9|  »»Kia  II  9;  <»'r  I  L6j  Pa.  I  I8j  K  I.  I  8;  8.0. 
I  19;  $.D.  l\  28|  ivnn.  I  id;  Tea  I  i'i;  Utah  I  9;  \  a.  I  9; 

Wash.    IN;    \V\  a.    Ill    :,.    \\  1 1     I    6;    V\  \<>.    I    1  I    ) 

,\ii  flno  to  i"'  laid  on  anj  citizen  u(  qiatc  thai  shall  sxcood  $50 

unless  assessed  by  juxj  ol  bis  poei  i  at  I i  they  find  ii"'  fact, 

if  i.iii'v  iiniiu  Mir  i i 1 1 .  should  I"-  more  Limn  $50     (Tenn.  VI  i  i  i 
l  imI.'Imi 1 1 c  ini|ii  iiiniiiiii'iii   I'l nliiiiiiril.     (Via.   D.R,  8.) 
1 1 .  a  1 1 1  ii  a  1 1  .ii'  persons  under  arrest,  8e*  (ihove,  this  title,  Arbesi 
Troatrnent  o{   persons   in    prh Set    P»  ia£    Institutions 

Piuspiss        I.NM.VII 

Cnj>ii:ii  Punishmenl 

M.iiiiaiii'ii ;  ma \ iniiiiii  punishment  iii  be  life  Impi  I sonmenl  ,  pro 

\  i  i. hi  in  be  sell  execul  tng     (Ore   I  36  i  1014) . ) 
"  Murder,   arson,   burglar  j    and.    rape,   and    these  only,   maj    be 
punishable  with  death  ",  ii  logl  ilaturc  "  shall  so  enact  ".    (  N.< '. 

\l     ! 
Rule  thai   laws  For  punishmenl   should  bo  founded  on  principle! 
uf  reformation  and  prevention  nbl   i"  uffecl    powoi   ,>i   logisls 
I iiic  in  provide  fo!  capital  punishment,     (Mont.  Ml  24.) 

Corporal  Punishmenl 

Prohil I.     (S.O.  I    10  ) 

Whipping  as  punishmenl  I"i  crime  prohibited.     (Ou    I  Sec    I  7.) 
No  person  to  !>'•  subject  to,  undei   military    law)  oxoopl   such  as 
are  employed  in  army  <>r  navy,  or  in  militia  when  In  actual 
service  In  time  of  wai  oi  public  danger,     (Ma,  i   14.0 

Corruption   «>i    Wood 

N'u  conviction  bo  whrk.     ('Ala.   I   I91;    An/    n    16;  Oolo    II   9| 
<;.,.  i  Set,  ii  :!-,  in    n   1 1  •,  [rid.  i  Sfcf;  Kan,  B  R    12 1  Md    D  R 
•; ,  Minn.  I  1 1  •.  Mo.  II  i:i;  Mont:  Ml  0;  Nebr,  i   I5j  Ohio  [12; 
Okla.  II   I.'-;  Ore,  i  •.'.'.,  8.0   I  8i  Tenri    i  I  !;  Tex,  I    !1  .  Wa  th 
I   l;,;  \V .Vn.  Ml   I8i  Wis:  I   I  '  i 
A e  i"  <i 1 1 ni int<  i ,  ,v<  e  AiTAi.MH  i. 
i     /,,  //  eason,  8<  <  Tbbsason, 

17 


514  State  Constitutions 


CRIMES  (Cont'd) 

Punishment   (Cont'd) 
Cruel  or  Unusual 

Prohibited.  (Ala.  I  15;  Ariz.  II  15;  Ark.  II  9;  Cal.  I  6;  Colo. 
II  20;  Fla.  D.R.  8;  Ga.  I  Sec.  I  9;  Ida.  I  6;  Ind.  I  16;  Iowa 
I  17;  Kan.  B.R.  9;  La.  12;  Me.  I  9;  Mich.  II  15;  Minn.  I  5; 
Miss.  Ill  28;  Mo.  II  25;  Mont.  Ill  20;  Nebr.  I  9;  Nev.  I  6; 
N.J.  I  15;  N.M.  II  13;  N.Y.  I  5;  N.C.  I  14;  N.D.  I  6;  Ohio 
I  9;  Okla.  II  9;  Ore.  I  16;  S.C.  I  19;  Tenn.  I  16;  Tex.  I  13; 
Utah  I  9;  W.Va.  Ill  5;  Wis.  I  6.) 
Ought  not  to  be  inflicted.     ( Va.  I  9. ) 

Ought  not  to  be  inflicted  by  courts  of  law.      (Md.  D.R.  25.) 
Not  to  be  inflicted  by  magistrates  or  courts  of  law.     (Mass.  Pt.  I 

26;  N.H.  I  33.) 
Cruel  and  unlawful  punishment  not  to  be  inflicted.  (Wyo.  I  14.) 
Cruel  punishments  not  to  be  inflicted.     (Del.  I  11;  Ky.  17;  Pa.  I 

13;  R.I.  I  8;  S.D.  VI  23;  Wash.  I  14.) 
Sanguinary,  See  beloic,  this  subdivision,  Sanguinary  Laws. 

Exclusion  from  State 

No  citizen  to  be  exiled.      (Ala.  I  30.) 

No  person  to  be  exiled  from  state.      (Ark.  II  21.) 

Same;  as  punishment  for  crime.     (Ga.  I  Sec.  I  7.) 

No  person  to  be  exiled,  but  by  judgment  of  peers  or  law  of  the 

land.     (Md.  D.R.  23;  Mass.  Pt.  I  12;  N.H.  I  5;  Tenn.  I  8.) 
Same;  omits  "judgment  of  his  peers".    (N.C.  I  17.) 
No  person  to  be  transported  from  state  for  offense  committed 
within  state.      (111.  II  11;  Kan.  B.R.  12;  Nebr.  I  15;  Ohio  I 

12;    Tex.  I  20.) 
No  person  to  be  liable  to  be  transported  out  of  state  for  offense 

committed  within  state.     (Vt.  I  21.) 
No  person  to  be  transported  out  of  or  forced  to  leave  state  for 

offense  committed  within  same.  (W.Va.  Ill  5.) 
No  person  to  be  transported  out  of  state  for  any  offense  com- 
mitted within  state,  nor  transported  out  of  state  for  any  pur- 
pose, without  his  consent,  except  by  due  process  of  law;  but 
this  not  to  prevent  operation  of  extradition  laws  or  trans- 
porting of  persons  sentenced  for  crime  to  other  states  for  pur- 
pose of  incarceration.     (Okla.  II  29.) 

Forfeiture  of  Estate 

No  conviction  to  work  forfeiture  of  estate.     (Ala.  I  19;  Ariz.  II 

16;   Colo.  II  9;   Ga.  I  Sec.  II  3;  111.  II  11;   Ind.  I  30;  Kan. 

B.R.  12;  Md.  D.R.  27;  Minn.  I  11;   Mo.  II  13;  Mont.  Ill  9; 

Nebr.  I  15;  Ohio  I  12;  Ore.  I  25;  S.C.  I  8;  Tenn.  I  12;  Tex.  I 

21;  Wash.  I  15;  W.Va.  Ill  18;  Wis.  I  12.) 
Same;  but  this  not  to  prohibit  fines.     (Okla.  II  15.) 
In  case  of  death  by  accident,  Bee  Death. 
As  to  attainder,  See  Attainder. 
As  to  treason,  See  Treason. 


Index  Digest  515 


CRIMES  (Cont'd) 

Punishment   (Cont'd) 

Indeterminate  Sentences 

Legislature  may  provide  by  law  for  indeterminate  sentences  and 
for  detention  or  release  of  persons  imprisoned  or  detained  on 
said  sentence.      (Mich.  V  28.) 
"  Indefinite  imprisonment  "  not  allowed.     (Fla.  D.R.  8.) 
Labor  of  Convicts,  See  Convict  Labor. 

Local,  Private  or  Special  Laws,  See  above,  this  title,  Local,  Private 

or  Special  Laws. 
Outlawry 

No  citizen   shall  be  outlawed.      (Tex.  I  20.) 

No  person  to  be  outlawed  but  by  law  of  the  land.      (N.C.  I  17.) 
Same;   adds  "or  by  judgment  of  his  peers".     (Ark.  II  21;  Md. 
D.R.  23;  Mass.  Pt.  I  12;  N.H.  I  15;  Tenn.  I  S.) 
Sanguinary  Laws 

See  also  above,  this  subdivision,  Cruel  or  Unusual. 
Prohibited.      I  Me.  I  9.) 

Ought  to  be  avoided  as  far  as  consistent  with  safety  of  state. 

(Md.' D.R.   16.) 
A  multitude  of  sanguinary  laws  is  both  impolitic   and  unjust. 

(N.H.  I   18.) 
Remission  of  Fines,  Penalties  and  Forfeitures 

See  also  above,  this  title,  Commutation  of  Sentences. 
In  Case  of  Treason,  See  Treason. 

Suspension  of  Fines  and  Forfeitures,  See  beloic,  this  title,  Suspen- 
sion of  Fines  and  Forfeitures. 
Pardons,  See  above,  this  title,  Pardons. 
Reprieves,  See  below,  this  title,  Reprieves. 
Power  Vested  in  Whom 
Governor  Alone 

Governor  may  remit  fines.     (Miss.  V  124;  Vt.  II  20.) 
Governor  may  remit  fines   and  forfeitures.      (Del.  VII   1; 

Ky.  77;   Pa.  IV  9.) 
Governor  may  remit   fines  and  forfeitures  unless  otherwise 

directed  by  law.      (S.C.  IV  11.) 
Governor   may    remit    fines    and   forfeitures,   but   shall   not 
remit    principal   or    interest    of    any   debt   due   the    state 
except  in  cases  of  fines  and  forfeitures.      (Md.  II  20.) 
Governor  may  remit  fines  and  forfeitures  under  regulations 
prescribed  by  law.      (Ala.  V  124;  Ark.  VI  18;  Ind.  V  17; 
%  Iowa  IV  16;  Ore.  V  14;  Tex.  IV  11;  Wash.  Ill  11.) 

Governor  may  remit  fines  and  penalties  in  such  cases  and 
under  such  regulations  as  prescribed  by  law.     (Va.  V  73; 

W.Va.  VII  11.) 
Governor  may  "  commute  penalties  and  remit  any  part  of 

sentence"  after  conviction.      (Ga.  V  Sec.  I  12.) 
Governor  may  remit  fines  and  forfeitures  after  conviction, 
subject  to  regulations  prescribed  by  law  as  to  manner  of 
making  application.      (Wyo.  IV  5.) 


516  State  Constitutions 


CRIMES  [Cont'd) 

Remission  of  Fines,  Penalties  and  Forfeitubes  (Cont'd) 
Power  Vested  in  Whom   (Cont'd) 
Governor  Alone   (Cont'd) 

Governor  may  remit  fines  and  forfeitures  after  conviction 
if  $200  or  less,  subject  to  regulations  prescribed  by  law 
relative  to  manner  of  making  application  therefor.     (S.D. 

IV  5.) 
Governor  on  Recommendation  of  Board 

Governor  may  remit  fines  and  forfeitures  after  conviction  on 
recommendation  in  writing  of   majority  of  board.      (La. 

70.) 
Governor  may  remit  fines  and  forfeitures  after  conviction, 
but  where  fine  exceeds  $200  not  to  be  remitted  except  on 
recommendation  in  writing  of  board,  subject  to  regulations 
prescribed  by  law  relative  to  manner  of  making  applica- 
tion.     (S.D.  IV  5.) 
Governor  loith  Approval  of  Board 

Governor  may  remit  fines  and  forfeitures,  "  for  offenses 
against  criminal  laws  of  state ",  after  conviction,  but 
action    to    be    approved    by    board     or    majority    thereof. 

(Mont.  VII  9.) 

Governor  with  advice  and  consent  of  council  may  remit,  after 

conviction,  all  forfeitures  and  penalties.     (Me.  V  Pt.  I  11.) 

Governor   may,    with   consent   of    senate,    remit   forfeitures. 

(Miss.  V  124.) 
Governor  "  in  Conjunction  "  with  Board 

Governor,  in  conjunction  with  board  (of  which  he  is  a  mem- 
ber), may  remit  fines  and  forfeitures  after  conviction,  sub- 
ject to  regulations  prescribed  by  law  as  to  manner  of  mak- 
ing application.     (N.D.  Ill  76.) 

Board  of  Pardons   (of  Which  Governor  a  Member) 

Board  of  pardons,  or  majority,  may  remit  fines  and  for- 
feitures after  conviction,  either  absolutely  or  on  condi- 
tions; subject  to  regulations  prescribed  by  law  relative  to 
manner  of  making  application.  (Ida.  IV  7.) 
Board  of  pardons,  by  majority,  including  governor,  may, 
upon  such  conditions  and  under  such  limitations  and  re- 
strictions as  they  deem  proper,  remit  fines  and  forfeitures 
after  conviction.  (Fla.  IV  12;  Nev.  V  14;  Utah  VII  12.) 
Board  of  pardons,  or  majority  of  them,  of  whom  governor  or 
person  administering  government  shall  be  one,  ma|  remit 
fines  and  forfeitures  after  conviction.      (X.J.  V  10.) 

Legislature 

Fine,  penaltv  or  judgment  against  officer  not  to  be  remitted 

by  law.     (N.M.  IV  25.) 

Local,  Private  or  Special  Law 

Fines,  penalties  or  forfeitures  not  to  be  remitted  by  local,  pri- 
vate or  special  law.      (Ala.  IV  104;   Ariz.  IV  19;   Cal.  IV  25; 


Index  Digest  517 


CRIMES  (Cont'd) 

Remission  of  Fines,  Penalties  and  Forfeitures  {Cont'd) 
Local,  Private  or  Special  Law   (Cont'd) 

Colo.  V  25;  Ida.  Ill  19;  111.  IV  22;  Ky.  59;  La.  4S;  Minn.  IV 
33;  Mo.  IV  53;  Mont.  V  26;  X.M.  IV  24;  N.D.  II  69;  Okla. 
V  46;  Pa.  Ill  7;  S.D.  Ill  23;  Tex.  Ill  56;  Utah  VI  26;  Wash. 

II  2S;  W.Va.  VI  39;  Wyo.  Ill  27.) 
Title  to  forfeited  lands  not  to  be  released  by  local  or  special 

law.     (W.Va.  VI  39.) 

Composition  of  Board  of  Pardons,  See  above,  this  title,  Pardons. 

Procedure  and  Regulations 

Power  to  remit  to  be  subject  to  regulations  prescribed  by  law. 
(Ala.  V  124;  Ark.  VI  18;  Ind.  V  17;  Iowa  IV  16;  Ore.  V  14; 
S.C.  IV  11;  Tex.  IV  11;  Va.  V  73;  Wash.  Ill  11;  W.Va.  VII 

11.) 

Power  to  remit  to  be  subject  to  regulations  prescribed  by  law 
relative  to  manner  of  making  application  therefor.  (Ida.  IV 
7;  N.D.  Ill  76;  S.D.  IV  5;  Wyo.  IV  5.) 

No  fine  or  forfeiture  to  be  remitted  except  after  full  hearing 
before  the  board  in  open  session  after  notice  of  time  and  place 

of  hearing.     (Utah  VII  12.) 

Legislature  to  prescribe  sessions  of  board  and  regulate  proceed- 
ings, but  no  fine  or  forfeiture  to  be  remitted  except  by  decision 
of  majority  after  full  hearing  and  open  session,  and  until  pre- 
vious notice  of  time  and  place  of  hearing  and  relief  applied 
for  given  by  publication  in  newspaper  of  general  circulation 
at  least  once  a  week  for  four  weeks.     (Ida.  IV  7;  Mont.  VII  9.) 

Recommendation  of  board  to  be  in  writing.      (La.  70.) 

Report  of  Action 

Governor  to  file  with  each  application  for  remission  of  fines  and 
forfeitures,  a  statement  of  reasons  for  his  decision  thereon,  to 
be  open  to  public  inspection.      (Ky.  77.) 

In  all  cases  of  remission  of  fines  and  forfeitures,  governor  shall 
file  in  office  of  secretarv  of  state  his  reasons  therefor.      (Tex. 

IV  11.) 

Recommendations  of  board  of  pardons,  with  reasons,  to  be  filed 
in  office  of  secretary  of  state.      (S.D.  IV  5.) 

Proceedings  and  decisions  of  board,  with  reasons  in  each  case, 
together  with  dissent  of  any  member  disagreeing,  to  be  re- 
duced to  writing  and  filed,  with  papers  used  upon  hearing,  in 
office  of  secretary  of  state.      (LTtah  VII   12.) 

Same;  adds  "signed  by  him"  after  "disagreeing".    (Ida.  IV  7; 

Mont.  VII  9.) 

Governor  to  report  to  either  house  whenever  required,  petitions, 
recommendations  and  reasons  which  influenced  his  decisions  in 
case  of  remission  of  fines  and  forfeitures.     (Md.  TI  20.) 

Governor  to  keep  record  in  writing  of  grounds  of  all  remissions 
to  be  entered  in  register  and  laid  before  legislature  at  next 

session.     (Del.  VII  1.) 


518  State  Constitutions 


CRIMES  (Cont'd) 

Remission  of  Fines,  Penalties  and  Forfeitures  (Cont'd) 
Report  of  Action  (Cont'd) 

Governor  to  report  to  legislature  at  next  meeting  names  of  all 
persons  in  whose  favor  remission  of  fines  and  forfeitures  have 
been  made  and  amounts  remitted.      (Ind.  V  17;  Iowa  IV  16; 

Ore.  V  14.) 
Same;  adds  "  with  reasons  "-.    (Wash.  Ill  11.) 
Governor   to   communicate  to  legislature   at  beginning  of  every 
session  each  case  of  fine  and  forfeiture  remitted,  stating  name 
of  convict,  crime  for  which  convicted,  sentence,  its  date  and 
date  of  remission.     (Fla.  IV  11;  Nev.  V  13.) 
Governor  to  communicate  to  legislature  at  each  session,  particu- 
lars of  every  case  of  fine  or  penalty  remitted,  with  reasons 
therefor.     (Va.  V  73;  W.Va.  VII  11.) 
Governor   to   communicate   to   legislature   at   each   session   every 
remission  of  fines  and  forfeitures,  stating  name  and  crime  of 
convict,  sentence  and  its  date.      (Ala.  V  124. ) 
Governor   to   communicate   to   legislature   at   each   session,   each 
case  of  remission  of  jjenalty  granted,  stating  name  of  convict, 
crime  of  which  convicted,  sentence  and  its  date,  and  date  of 
remission   and   conditions   upon   which  granted.      (Me.   V   Pt. 

I  11.) 

Governor  to  communicate  to  legislature  at  each  regular  session 

each  case  of  remission  of  fine  or  forfeiture,  stating  name  of 

convict,  crime  for  which  convicted,  sentence,  its  date,  date  of 

remission,  with  reasons  for  granting.      (N".D.  Ill  76;  S.D.  IV 

5;   Wyo.  IV  5.) 
Same;  adds  "and  objections,  if  any,  of  any  member  of  board". 
(Ida.  IV  7;  Mont.  VII  9;  Utah  VII  12.) 
Repeal  or  Amendment  of  Law,  Effect  of,  See  Laws. 
Reprieves 

In  Cases  of  Impeachment,    See   Impeachment. 
In  Cases  of  Treason,  See  Treason. 

Suspension  of  Fines  and  Forfeitures,  See  oelow,  this  title,  Suspen- 
sion of  Fines'  and  Forfeitures. 
Power  to  Grant 

Governor  may  grant  reprieves.      (Ky.   77;   La.   70;   Md.  II  20; 

Miss.  V  124;  Pa.  IV  9.) 
Governor  may  grant  reprieves,  subject  to  regulations  prescribed 

by  law.     (Ore.  V  14.) 
Governor  may  grant  reprieves  after  conviction.      (Ala.  V   124; 
Ark.  VI  18;  Colo.  IV  7;  Ga.  V  Sec.  I  12;  Mont.  VII  9;  Tenn. 
Ill  6;  Tex.  IV  11;  Va.  V  73;  W.Va.  VII  11.) 
Governor  may  grant  reprieves  after  conviction,  subject  to  regu- 
lations prescribed  by  law.     (Ariz.  V  5;  Ind.  V  17;  Iowa  IV  16; 

KM.  V  6.) 
Governor  may  grant  reprieves  after  conviction,  subject  to  regu- 
lations prescribed  by  law  relative  to  manner  of  applying  there- 
for.     (111.  V  13;  S.D.  IV  5;  Wyo.  IV  5.) 


Index  Digest  519 


CRIMES  (Cont'd) 

Reprieves   (Cont'd) 

Power  to  Grant   (Cont'd) 

Governor  may  grant  reprieves  after  conviction,  upon  such  con- 
ditions and  under  such  restrictions  and  limitations  as  he  may 
think  proper.      (Cal.  VII  1;  Mich.  VI  9;  Mo.  V  8;  Nebr.  V 
13;  N.Y.  IV  5;  N.C.  Ill  6;  Ohio  III  1;  S.C.  IV  11;  Wis.  V  6.) 
Same;  adds  "subject  to  regulations  prescribed  by  law".    (Okla. 

VI  10.) 
Governor  may  grant  reprieves  for  not  exceeding  60  days.    (Fla. 

IV  11.) 
Governor  may  grant  reprieves  for  not  exceeding  60  days  after 
#  conviction.     (Xev.  V  13.) 

Governor   or   person    administering   government   may   grant    re- 
prieves not  exceeding  90  days  after  conviction.     (N.J.  V  9.) 
Governor  may  grant  reprieves  after  conviction  until  end  of  next 

session  of  legislature.  (Conn.  IV  10;  R.I.  VII  4.) 
Governor  may  grant  reprieves,  but  no  reprieve  for  more  than  six 
months  to  be  granted  except  on  recommendation  in  writing  of 
majority  of  board  of  pardons  after  full  hearing;  and  such 
recommendations  with  reasons  therefor  to  be  filed  and  recorded 
in  office  of  secretary  of  state  who  forthwith  notifies  governor. 

(Del.  VII  1.) 
Governor  may  grant  reprieves  not  to  extend  beyond  next  session 
of  board  of  pardons  and  board  to  continue  or  determine  re- 
prieve, or  may  commute  punishment  or  pardon  offense.      (Ida. 

IV  7;  Utah  VII  12.) 
Governor,  "  in  conjunction  "  with  board  of  pardons  (of  which  he 
is  a  member),  may  grant  reprieves  after  conviction,  subject  to 
regulations  prescribed  by  law  as  to  manner  of  making  applica- 
tion.    (N.D.  Ill  76.) 
Governor,  "  in  conjunction  "  with  board  of  pardons  (of  which  he 
is  a  member),  may  grant  reprieves  after  conviction;   powers 
and  duties  of  board  to  be  denned  and  regulated  by  law.     ( Minn. 

V4.) 
Governor,  with  advice  and  consent  of  council,  may  grant  reprieves 
upon  such  conditions   and  with  such  restrictions  and  limita- 
tions as  may  be  deemed  proper.     (Me.  V  Pt.  111.) 
Composition  of  Board  of  Pardons,  See  above,  this  title,  Pardons. 
Report  of  Action 

Governor  to  file  with  each  application  for  reprieve  a  statement 
of  reasons  for  his  decision  thereon,  to  be  open  to  public  inspec- 
tion.    (Ky.  77.) 
In  all  cases  of  reprieves  governor  to  file  in  office  of  secretary  of 

state  his  reasons  therefor.     (Tex.  IV  11.) 
Recommendations  of  board  of  pardons  with  reasons  to  be  filed  in 

office  of  secretary  of  state.      (Del.  VII  1.) 
Governor  to  report  to  either  house  whenever  required,  petitions, 
recommendations   and   reasons   which   influenced   his   decisions 
in  case  of  reprieve  granted.      (Md.  II  20.) 


520  State  Consthttiuns 


CRIMES   (Cont'd) 

Reprieves   ( Cont'd ) , 

Report  of  Action  {Cont'd) 

Governor  to  keep  record  in  writing  of  grounds  of  all  reprieves  to 
be  entered  in  register  and  laid  before  legislature  at  next  ses- 
sion.     (Del.  VII  1.) 

Governor  to  send  to  legislature  at  first  session,  transcript  of  the 
petition  or  proceedings,  and  reasons  for  his  action,  in  case 
of  exercise  of  power  to  grant  reprieves.      (Colo.  IV  7.) 

Governor  to  report  to  legislature  at  next  meeting  each  case  of 
reprieve  granted.      (Ind.  V  17;    Iowa  IV   16.) 

Same;   adds  "and  reasons  for  granting".      (Ore.  V   14;   Wash. 

Ill   M.) 

Governor  annually  to  communicate  to  legislature  each  case  of 
reprieve  granted,  stating  name  of  convict,  crime  for  which 
convicted,  sentence,  its  date  and  date  of  reprieve.     (X.Y.  IV  5.) 

Same;  adds  "  with  reasons  therefor  ".     (Wis.  V  6.) 

Governor  to  communicate  to  legislature  at  beginning  of  every 
session  each  case  of  reprieve  granted,  stating  name  of  convict, 
crime  for  which  convicted,  sentence,  its  date  and  date  of  re- 
prieve.     (Fla.  IV   11:   Xev.  V   13.) 

Same;  adds  "and  reasons  for  granting".    (Cal.  VII  1.) 

Governor  to  report  to  legislature  at  each  session  each  case  of 
reprieve  granted  and  reasons  therefor.     (Mich.  VI  9.) 

Governor  to  communicate  to  legislature  at  each  session  particu- 
lars  of   every   reprieve  granted,  with    reasons   therefor.      (Va. 

V  73;  W.Va.  VII  11.) 

Governor  to  communicate  to  legislature  at  each  session  each 
case  of  reprieve  granted,  stating  name'  of  convict,  crime  for 
Avhich  convicted,  sentence,  its  date,  date  of  reprieve  and  con- 
ditions upon  which  granted.      (Me.  V  Pt.  I   11.) 

Governor  to  communicate  to  legislature  at  each  session  each 
case  of  reprieve  granted,  stating  name  of  convict,  offense  for 
which  convicted,  sentence,  its  date,  date  of  reprieve  and  rea- 
sons for  granting.      (Ala.  V  124;  Ga.  V  Sec.  I  12:   Mo.  V  S.) 

Governor  to  communicate  to  legislature  at  every  regular  session 
each  case  of  reprieve,  stating  name  and  crime  of  convict,  sen- 
tence, its  date,  and  date  of  reprieve.      (Xebr.  V  13.) 

Governor  to  communicate  to  legislature,  at  each  regular  session, 
each  case  of  reprieve  granted,  stating  name  of  convict,  crime 
for  which  convicted,  date  and  place  of  conviction  and  date  of 
reprieve.      (Okla.   VI    10.) 

Governor  to  communicate  to  legislature  at  each  regular  session 
each  case  of  reprieve  granted)  stating  name  of  convict,  crime 
for  which  convicted,  sentence,  its  date,  date  of  reprieve,  with 
reasons  for  granting.  (Ark.  VI  18;  X.D.  Ill  76:  Ohio  III 
11;    S.D.  IV  5;   Wyo.  IV  5.) 

Same;  adds  "and  objection,  if  any,  of  any  member  of  board". 
(Ida.  IV  7;   Mont.  VII  0;  Utah  VII  12.) 


Index  Digest  52  L 


CRIMES   (Cont'd  t 

Reprieves   [Cont'd) 

Report  of  Action  (Cont'd) 

Governor  biennially  to  communicate  to  legislature  each  case  of 
reprieve   granted,    stating   name   of   convict,   crime   for   which 
convicted,    sentence,    its    date,    date    of    reprieve    and    reasons 
therefor.     (N.C.  Ill  6.) 
Rights  of  Accused 

See  also  throughout  this  title. 
In  General 

s,r  oj.so  Life,  Liberty  and  Property. 

Accused  not  to  be  deprived  of  life,   liberty   or   property,   except 

by  due  process  of  law.      (Ala.  I  6.) 
Same ;  '*  course  "  instead  of  v  process  ".    ( Conn.  I  9. ) 
Accused  not  to  be  deprived  of  life,  liberty  or  property,  except  by 
judgment  of  his  peers  or  by  the  law  of  the  land.      (Del.  I  7; 
Ky.  11;  Pa.  I  9;  R.I.  I  10.) 
Same;  adds  "or  privileges"  after  '"property".    (Me.  I  6.) 
No  person  to  be  arrested,  detained  or  punished,  except  in  cases 

clearly  warranted  by  law.      (Conn.  I  10.) 
No  person  to  be  held  to  answer  for  criminal  offense  without  due 

process  of  law.      (Minn.  I  7;  Wis.  I  8.) 
No  person  to  be  accused  except  in  cases  ascertained  by  law,  and 
according  to  form  of  law.      (Ala.  I   7.) 
To  See  Counsel 

In  capital  cases  accused  has  right  to  see  counsel  at  proper  sea- 
sons.   (Del.  I  12.) 
Right  to  counsel.  See  Courts — Counsel,  Right  to. 
To  See  Friends 

In  capital  cases  accused  has  right  to  see  friends  at  proper  sea- 
sons.     (Del.  I  12.) 
To  Know  Accusation 

Right  of  accused  confirmed.  (Ala.  I  6;  Ariz.  II  24;  Ark.  II 
10;  Colo.  II  16;  Conn.  I  9 ;  Del.  I  7  ;  Fla.  D.R.  11;  111.  II  9; 
Ind.  I  13;  Iowa  I  10;  Kan.  B.R.  10;  Ky.  11;  La.  10;  Me.  I  6; 
Md.  D.R.  21;  Mass.  Pt.  I  12;  Mich.  II  19;  Minn.  I  6;  Miss. 
Ill  26;  Mo.  II  22;  Mont.  Ill  16;  Nebr.  I  11;  N.H.  I  15;  N.J. 
I  S;  N.M.  II  14;  N.C.  I  11;  Ohio  I  10;  Okla.  II  20;  Ore.  I 
11;  Pa.  I  9;  R.I.  I  10;   S.C.  I  18;   S.D.  VI  7;  Tenn.  I  9;  Tex. 

I  10;  Utah  I  12;  Vt.  I  10;  Va.  I  8;  Wash.  I  22;  W.Va.  Ill 
14;    Wis.   I   7;    Wyo.   I    10.) 

Accused  to  have  copy  of  charge.      (Ala.  I  6;   Ariz.  II  24;   Ark. 

II  10;  Fla.  D.R.  li;  Ga.  I  Sec.  I  5;  111.  II  9;  Ind.  I  13;  Iowa 
I  10:  Me.  I  6;  Md.  D.R.  21;  Nebr.  I  11:  Ohio  I  10;  Okla.  II 
20;  Ore.  I  11;   S.D.  VI  7;   Tenn.  I  9;  Tex.  I  10;  Utah  I  12; 

WTash.  I  22;  Wyo.  I  10.) 
In  criminal  prosecutions  every  man   to  have  copy  of  charge  in 

due  time  to  prepare  for  defense.      (Md.  D.R.  21.  i 
Accused  to  have  copy  of  charge  and  testimony  interpreted  to  Mm 

in  language  he  understands.      (X.M.  II   14.) 


522  State  Constitutions 


CRIMES   (Cont'd) 

Rights  of  Accused  (Cont'd) 
To  Secure  Evidence 

Accused  has  right  in  all  criminal  prosecutions  to  compulsory 
process  to  obtain  witnesses  in  his  favor.  (Ala.  1  6';  Ariz.  II 
24;  Ark.  II  10;  Cal.  I  13;  Colo.  II  16;  Conn.  I  9;  Fla.  D.R. 
11;  Ga.  I  Sec.  I  5;  Ida.  I  13;  111.  II  9:  Ind.  I  13;  Iowa  I  10; 
Kan.  B.R.   10;   Ky.   11;   La.  9;   Me.  I  6;   Md.  D.R.  21;   Mich. 

II  19;  Minn.  I  6;  Miss.  Ill  26;  Mo.  II  22;  Mont.  Ill  16; 
Nebr.  I  11;  N.J.  I  8;  N.M.  II  14;  N.D.  I  13;  Ohio  I  10; 
Okla.  II  20;  Ore.  I  11;  Pa,  I  9;  R.I.  I  10;  S.C.  I  18;  S.D.  VI 
7;    Tenn.   I   9;    Tex.   I    10;    Utah   I    12;    Wash.   I   22;    W.Va. 

III  14;    Wis.    I    7;    Wyo.    I    10.) 

A  man  has  right  in  all  criminal  prosecutions  to  call  for  evidence 

in  his  favor.      (Vt.  I   10;   Va.  I   8.) 
Accused  has  right  to  compulsory  process  in  due  time,  on  appli- 
cation by  himself,  his   friends   or   counsel,   for  obtaining  wit- 
nesses  in   his   favor.      (Del.   I    7.) 
Every  subject  to  have  right  to  produce  all  proofs  that  may  be 

favorable   to  him   in   criminal   cases.      (Mass.   Pt.   I    12;    N.H. 

Pt.  I   15.) 
Every  man  in  criminal  prosecutions  to  have  right  to   confront 

accusers  and  witnesses  with  other  testimony.      (N.C.  I   11.) 
To  Examine  Witnesses 

Every   man   has  right   in   all   criminal   prosecutions  to   examine 

witnesses  for  and  against  him.      (Md.  D.R.  21.) 
Accused  has  right  to  be  confronted  with  witnesses  against  him  in 

all  criminal  prosecutions.      (Ala.  I  6;  Ariz.  II  24;  Ark.  II  10; 

Colo.  II  16;  Conn.  I  9;   Del.  I  7;   Fla.  D.R.  11;   Ga.  I  Sec.  I 

5;   111.   II   9;    Ind.   I    13;    Iowa  I    10;   Kan.   B.R.    10;   Ky.    11; 

La.  9;   Me.  I  6;   Md.  D.R.  21;   Mass.  Pt.  I   12;   Mich.  II   19; 

Minn.  I  6;  Miss.  Ill  26;  Mo.  II  22:  Mont.  Ill  16;  Nebr.  I  11; 

N.H.  I  15;  N.J.  I  8;  N.M.  II  14;  Ohio  I  10;  Okla.  II  20;  Ore. 

I  11;  Pa.  I  9;  R.I.  I  10;  S.C.  I  18;  S.D.  VI  7;  Tenn.  I  9;  Tex. 

I  10:  Utah  I  12:  Vt.  I  10;  Va.  I  S;  Wash.  I  22;  W.Va.  Ill  14; 

Wis.  I  7;  Wyo.  I  10.) 
Man  has  right  to  be  confronted  with  accusers.      (Va.  I   8.) 
Right  of  person  charged  with  offense  to  be  furnished  with  list  of 

witnesses  against  him.      (Ga,  I  Sec.  I  5;   Okla.  II  20.) 
Depositions,  See  Evidence. 
To  Be  Heard 

Accused  has  right  to  be  heard  in  his  own  defense.      (Ala.  I  6; 

Ariz.   II   24;    Ark.   II    10;    Cal.  I   13;   Colo.  II   16;    Conn.  I  9; 

Del.  I  7;   Fla,  D.R.  11;   Ida.  I   13:   111.  II  9;   Ind.  I  13;  Kan. 

B.R.  10;  Ky.  11:  Me.  I  6:  Md.  D.R.  21;  Mass.  Pt.  I  12;  Miss. 

Ill  26;   Mo"  II  22;  Mont.  Ill  16;  Nebr.  I   11;  Nev.  I  8;   N.H. 

I  15;   N.M.  II  14;   N.Y.  I  6;  N.D.  I   13;   Ohio  I   10;  Okla,  II 

20;  Ore.  I  11;  Pa.  I  9 ;  R.I.  I  10;  S.C.  I  18;  S.D.  VI  7;  Tenn. 

I  9;  Tex.  I   10;  Utah  I  12;   Vt.  I  10;  Wash.  I  22;   W.Va.  Ill 

14;   Wis.  I   7;    Wyo.  I   10.) 


Index  Digest  523 


CRIMES  (Cont'd) 

Rights  of  Accused  (Cont'd) 

Exemption  from  Testifying,  See  Evidence. 
To  Testify  in  Own  Behalf 

Accused  to  have  right  to  testify  in  his  own  behalf  in  criminal 

prosecutions.      (Aria.  II  24;   Utah  I   12;   Wash.  I  22.) 
Person  charged  with  receiving  bribe,  or  with  offering  or  promis- 
ing bribe,  shall  be  permitted  to  testify  in  his  own  behalf  in 
any  civil  or  criminal  prosecution  therefor.      (N.Y.  XIII  4.) 
Innocence,  Presumption  of 

Every   man   presumed   innocent   until   pronounced   guilty.      (R.I. 

I  14.) 
Searches  and  Seizures,  See  Searches  and  Seizures. 
Suspension  of  Fines  and  Forfeitures 

Remission,  See  above,  this  title,  Remission  of  Fines,  Penalties  and 

Forfeitures. 
Governor  may  suspend  collection  of  fines  and  forfeitures  for  not  ex- 
ceeding 60  days.     (Fla.  IV  11.) 
Governor  may  suspend  collection  of  fines  and  forfeitures  for  not  ex- 
ceeding 60  days  after  conviction.     (Nev.  V  13.) 
Governor  or  person  administering  government  may  suspend  collec- 
tion of  fines  and  forfeitures  for  not  exceeding  90  days  after  con- 
viction.     (N.J.  V  9.) 
Governor  may  stay  collection  of  forfeitures  until  end  of  next  session 
of  legislature.     (Miss.  V  124.) 
Treason,  See  Treason. 
Trials,  See  Courts. 
Vagrancy 

Legislature  at  first  session  to  enact  effective  vagrant  laws.      (Tex. 

Ill  46.) 
Witnesses 

See  above,  this  title,  Rights  of  Accused. 
See  Witnesses. 

CRUEL  AND  UNUSUAL  PUNISHMENT,  See  Crimes  —  Punishment. 

DEAF  AND  DUMB,  See  Charities. 

DEATH 

See  also  Injuries. 

See  also  Life,  Liberty  and  Property. 

Capital  punishment,  See  Crimes. 

Employer's  liability,  See  Labor. 

Decedents'  estates,  See  Decedents'  Estates. 

Estates  of  suicides,  See  Suicides. 

When  death  caused  by  wrongful  act,  neglect  or  default  such  as  would, 
if  death  had  not  ensued,  have  entitled  injured  party  to  recover,  person 
or  corporation  who  would  have  been  liable  if  death  had  not  ensued,  to 
be  liable  in  action  for  damages  notwithstanding  death  of  person 
injured,  and  legislature  to  provide  at  first  session  for  enforcement  of 

right.     (Wyo.  IX  4.) 

Whenever  death  results  from  injury  inflicted  by  negligence  or  wrongful 
act,  damages  may  be  recovered  from  "  corporation  and  persons  "  so  caus- 


524  State  Constitutions 


DEATH    (Cont'd) 

ing  same.  Personal  representative  of  deceased  to  prosecute  action  until 
otherwise  provided  by  law,  and  legislature  may  provide  "  how  recovery 
shall  go  and  to  whom  belong";  until  so  decided  recovery  to  form  part 
of  estate  of  deceased.      (Ky.  241.) 

Every  person,  corporation  or  company  that  commits  homicide  through 
wilful  act  or  omission  or  gross  neglect,  responsible  in  exemplary  dam- 
ages to  surviving  husband,  wife  or  heirs  without  regard  to  any  criminal 

proceeding.      (Tex.  XVI  26.) 

Right  of  action  to  recover  damages  for  injuries  resulting  in  death  not 
to  be  abrogated,  and  amount  recoverable  not  to  be  subject  to  statutory 
limitation.     (Okla.  XXIII  7;  Utah  XVI  5.) 

Same;  hut  nothing  contained  in  constitution  construed  to  limit  power  of 
legislature  to  enact  laws  for  payment  of  compensation  for  death  of 
employees  resulting  from  injuries  and  to  provide  that  the  right  of 
such  compensation  and  remedy  therefor  shall  be  exclusive  of  all  other 
rights  and  remedies  for  death  resulting  from  such  injuries  or  to  pro- 
vide that  amount  of  such  compensation  for  death  shall  not  exceed  a 
fixed  or   determinable  sum.      (N.Y.   I    IS,    19.) 

No  law  to  limit  amount  of  damages  to  be  recovered  for  causing  death 
of  any  person.      (Ariz.  II  31;  Wyo.  X  4.) 

Legislature  to  have  no  power  to  limit  amount  to  be  recovered  for  injuries 

resulting   in   death.      (Ky.   54.) 

Amount  of  damages  recoverable  by  civil  action  for  death  caused  by 
wrongful    act,    neglect    or    default    of   another,   not   to    be    limited    by 

law.      (Ohio  I  19a.) 

Legislature  not  to  limit  amount  to  be  recovered  for  injuries  resulting  in 
death,  but  in  case  of  death  from  such  injuries,  right  of  action  to  sur- 
vive, and  legislature  to  prescribe  for  whose  benefit  action  to  be  prose- 
cuted.     (Ark.  V  32;  Pa.  Ill  21.) 

If  person  killed  by  accident  no  forfeiture  to  be  thereby  incurred.  (Del. 
I  15;  Ky.  21;  Mo.  II  13;  Pa.  I  19;  Tenn.  I  12.) 

Article  accidentally  occasioning  death  of  any  person  not  to  be  deemed  a 
deodand  or  in  any  way  forfeited  on  account  of  such  misfortune.     (N.H. 

II  88;  Vt.  II  61.) 

DEBTS 

Bondage  for,  See  Bondage  for  Debt. 

Imprisonment  for,  See  Imprisonment  fob  Debt. 

Exemption  from  execution  for  debt,  See  Exemptions  from  Forced  Sale. 

Public  debt,  See  State  Debt,  and  See  the  subhead  Debt  under  the  titles 
"  Boroughs  ",  "  Cities  ",  "Counties",  "Districts",  "Municipalities", 
"  Towns  ",   "  Townships  ",   "  Villages  '*,   and  "  Education  —  School 

Districts  ". 

Legislature  to  provide  by  law  for  reaching  property  of  debtor  concealed 

from  creditor.      (Ga.  I  Sec.  II  6.) 

Legislature  not  to  pass  any  law  staying  collection  of  debts,  commonly 
known  as  "stay  laws",  but  such  prohibition  not  to  be  construed  as 
prohibiting  any  legislation  which  legislature  may  deem  necessary  to 
provide  for  exemptions.      (Va.  XIV  194.) 


Index   Digest  525 


DEBTS    (Cont'd) 

Method  for  collection  not  to  be  provided  or  changed  by  private,  local  or 
special  law.     (La.  48;  Mo.  IV  53;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56; 

Va.  IV  63.  j 
Nothing  contained  in  constitution  to  impair  validity  of.      (Tenn.  XI  2.) 
Grants  of  land  within  state  by  king  of  Great  Britain  or  persons  acting 
under  his  authority  after  October  14,   1775,  to  be  null  and  void,  but 
"  nothing  contained   in  this  constitution  "  shall  impair  the  obligation 
of  any   debts   contracted   "  by  the   state   or   individuals   or  bodies  cor- 
porate ".     (X.Y.  I  17.) 
DECEDENTS'  ESTATES 

For  provisions  relating  to  instruments  in  general,  atul  so  to  instruments 

affecting  decedents'  estates,  See  Instruments. 
Aliens'  Rights,  See  Aliens. 
County  Public  Administrator 

To  be  elected   in   each   county;   term  two  years   and  until   successor 

qualifies.     (Mont.  XVI  5.) 
Legislature   to  provide  for   election  by   people;    to  fix  by   law  com- 
pensation,  powers   and   duties;    to  have   power   to   consolidate   or 

abolish  office.     (Nev.  IV  32.) 
Descent 

Private  or  special  law  not  to  constitute  one  person  the  heir-at-law  of 

another.     (S.D.  Ill  23;  Utah  VI  26;  Wash.  II  28;  Wis.  IV  31.) 
Law  not  to  be  changed  by  local  or  special  law.      (Colo.  V  25;    111. 
IV  22;  Mont,  V  26;  Xebr.  Ill  15;  X.J.  IV  Sec.  VII  11;   X.M.  IV 
24;  X.D.  II  69;  W.Va.  VI  39;   Wyo.  Ill  27.) 
Law  of  descent  or  succession  not  to  be  changed  by  local  or  special 
law.      (Ariz.  IV  19;  Cal.  IV  25;  Ida.  Ill  19;  La.  48;  Minn.  IV  33; 
Mo.  IV  53;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56;  Utah  VI  26.) 
Law  of  descent  or  distribution  not  to  be  changed  by  local,  private  or 

special  law.      (Miss.  IV  90.) 
Law  of  descent  or  distribution  not  to  be  established  by  local,  private' 

or  special  law.      (Ala.  IV  104.) 
Law  of  descent  or  distribution  or  succession  not  to  be   changed  by 

local  or  special  law.  (Ky.  59.) 
Children  of  parents,  one  or  both  of  whom  were  slaves  during  co- 
habitation and  who  were  recognized  by  father  as  his  children,  and 
whose  mother  was  recognized  by  father  as  his  wife,  and  cohabited 
with  as  such,  to  be  as  capable  of  inheriting  father's  estate  as  if 
born   in   lawful   wedlock.      (Va.   XIV    195.) 

Escheat,  See  Escheats. 

Special  Laws  Affecting  Prohibited 

Xot  to  be  affected  by  local  or  special  law.     (Ariz.  IV  19;  Cal.  IV  25; 

Ida.  Ill    19;   Mont.  V  26;   X.D.  II  69;   Wyo.  Ill  27.) 
Sale  of  real  estate,  local  or  special  law  prohibited.     (Fla.  Ill  20.) 
Sale  of  property  of  estate  not  to  be  provided  for  by  local  or  special 

law.     (Ala.  IV  104.) 
Sale,  lease,  incumbrance  or  disposal  of  property,  local  or  special  law 

prohibited.     (Ky.  59.) 


526  State  Constitutions 


DECEDENTS'  ESTATES    (Cont'd) 

Special  Laws  Affecting  Prohibited  (Cont'd) 

Settlement,  administration  of  estate,  or  sale  or  mortgage  of  any  prop- 
erty of  deceased,  person,  local,  private  or   special  law  prohibited. 

o  ,   t,  co  (Miss.  IV  90.) 

Suicides'  Estates,  See  Suicides.  ' 

Taxation,  See  Taxation  —  Objects  and  Kinds  of  Taxes. 
Wills 

Invalid  wills  not  to  be  given  effect  by  local,  private  or  special  law. 

(Ala.  IV  104;   Cal.  IV  25;  Ky.  59;  Nev.  IV  20;   Wash.  II  28.) 
Informal  or  invalid  wills  not  to  be  given  effect  by  local,  private  or 
special  law.      (Fla.  Ill  20;  La.  48;  Md.  Ill  33;  Minn.  IV  33;  Mo. 
IV  53;  N.M.  IV  24;  Okla.  V  46;  Tex.  Ill  56.) 
DEEDS,  See  Property  —  Real  Property. 
DENTISTRY 

See  Physicians. 
See  Public  Health. 
DEODANDS,  See  Death. 

DEPARTMENTS  OF  GOVERNMENT,  See  Distribution  of  Powers. 
DEPOSITIONS,  See  Evidence. 
DEPOSITORY  BOARD 

Composed  of  governor,  auditor  and  treasurer;  to  designate  depositories  for 
funds   in  hands  of  treasurer.      (Mont.   XII   14.) 
DESCENT,  See  Decedents'  Estates  —  Descent. 
DISTRIBUTION  OF  POWERS 
In  General 

Powers   of   the  government   shall   be   distributed    into   three   depart- 
ments:  the  legislative,  executive  and  judicial.      (R.I.  III.) 
Legislative,  executive  and  judicial  powers  of  government  ought  to  be 

forever  separate  and  distinct  from  each  other.  (N.C.  I  8.) 
Three  essential  powers  of  government,  legislative,  executive  and 
judicial,  ought  to  be  kept  as  separate  from  and  independent  of 
each  other  as  nature  of  a  free  government  will  admit  or  as  is  con- 
sistent with  that  chain  of  connection  that  binds  the  whole  fabric 
of  constitution  in  one  indissoluble  bond  of  union'  and  amity.     (N.H. 

I  37.) 
Powers  of  government  divided  into  three  distinct  departments,  and 
each  confided  to  separate  magistracy,  legislative  to  one,  executive 
to  another,  judicial  to  another.      (Conn.  II.) 
State  to  be  governed  by  a  governor  (or  lieutenant-governor),  a  senate 
and  a  house  of  representatives  of  the  freemen.     Legislative,  execu- 
tive and  judicial  departments  to  be  separate  and  distinct  so  that 
neither  exercise  powers  properly  belonging  to  other.     (Vt.  II  1,  5.) 
Powers  of  government  divided  into  three  distinct  departments:   legis- 
lative,  executive  and  judicial.      Powers   and   duties   of   each   "  are 
prescribed  "   by   constitution.      (S.D.   II.) 
Powers  of  government  divided  into  three  separate  departments,  legis- 
lative, executive  and  judicial.     Except  as  provided  in  constitution, 
departments  to   be  separate   and  distinct  and   neither   to   exercise 
the  powers  properly  belonging  to  either  of  others.      (Okla.  IV.) 


Index  Digest  527 


DISTRIBUTION  OF  POWERS    (Cont'd) 
In  General  {Cont'd) 

Powers  of  government  divided  into  three  separate  departments,  legis- 
lative,  executive  and  judicial,   except   as   provided   in   constitution 
to  be  separate  and  distinct  and  no  one  of  such  departments  shall 
exercise  powers  properly  belonging  to  either  of  others.     (Ariz.  III.) 
Legislative,  judicial  and  executive  powers  forever  to  remain  separate 
and   distinct   and   no   person   discharging   duties    of   one   shall   at 
same  time  exercise  functions  of  either  of  others,  except  as  provided 
in  constitution.      (Ga.  I  Sec.  I  23.) 
Powers    of    government    divided    into    three    separate    departments: 
legislative,  executive,   including  administrative,  and  judicial;    and 
no  person  charged  with  official  duties  under  one  of  these  depart- 
ments to  exercise  an$r  of  functions  of  another  except  as  provided 
in  constitution.      (Ind.  Ill  1;   Ore.  Ill  1.) 
Legislative,  executive  and  judicial  powers  to  be  forever  separate  and 
distinct  from  each  other,  and  no  person  or  persons  exercising  func- 
tions of  one  to  assume  or  discharge  duties  of  any  other.      ( S.C.  I 

14.) 
Same;   except  expression  is  used  "ought  to  be  forever  separate  and 

distinct".  (Md.  D.R.  8.) 
Powers  of  government  divided  Into  three  distinct  departments,  legis- 
lative, executive  and  judicial,  and  no  person  or  persons  belonging 
to  or  constituting  one  of  these  departments  to  exercise  any  of  the 
powers  properly  belonging  to  either  of  the  others,  except  as  ex- 
pressly provided  in  this  constitution.  (Minn.  Ill  1;  N.J.  Ill  1.) 
Powers  of  government  divided  into  three  distinct  departments  — 
legislative,  executive  and  judicial,  and  no  person  or  collection  of 
persons  charged  with  exercise  of  powers  properly  belonging  to  one 
to  exercise  powers  properly  belonging  to  either  of  others,  except 
as  in  constitution  provided.      (Colo.  Ill;   Ida.  IT   1;  Mont.  IV  1; 

N.M.  Ill   1;   Wyo.  II   1.) 
The  powers   of  government   shall  be  divided  into  three  distinct  de- 
partments —  the  legislative,  executive  and  judicial  —  each  of  which 
shall  be  confided  to  a  separate  magistracy,  and  no  person,  or  col- 
lection of  persons,   charged  with   the  exercise  of   powers   properly 
belonging  to   one  of   those  departments,  shall   exercise   any   power 
properly  belonging  to  either  of  the  others,  except  in  the  instances 
in   this   constitution  expressly  directed  or  permitted.      (Mo.   III.) 
Powers  of  government  divided  into  three  distinct  departments;   each 
of  them  to  be  confided  to  separate  body  of  magistracy;  those  which 
are  legislative  to  one,  those  which   are  executive  to  another   and 
those  which  are  judicial  to  another.     No  person,  or  collection  of 
persons,   being  of  one  of   these   departments,   shall   exercise  power 
belonging  to  either  of  others,  except  as  provided  in  constitution. 
(Ark.  IV  1,  2;  Ky.  27,  28;  Tex.  II  1.) 
Powers  of  government   of   state   divided   into   three   distinct   depart- 
ments, each  of  them  to  be  confided  to  a  separate  body  of  magis- 
tracy ;  those  which  are  legislative  to  one,  those  which  are  executive 
to  another,  and  those  which  are  judicial  to  another.     No  one  of 


52S  State  Constitutions 


DISTRIBUTION  OF  POWERS    (Cont'd) 
In  General  (Cont'd) 

these  departments,  nor  person,  or  collection  of  persons,  holding 
office  in  one  of  them,  to  exercise  powers  properly  belonging  to  either 
of  others,  except  as  provided  in  constitution.      (La.   16,   17.) 

Powers  of  government  divided  into  three  distinct  departments,  legis- 
lative, executive  and  judicial;  no  person  or  collection  of  persons, 
being  one  of  the-e  departments,  to  exercise  any  power  properly 
belonging  to  either  of  the  others,  except  as  hereinafter  expressly 
directed  or  permitted.  (111.  Ill;  Xebr.  II.) 
,  The   legislative,   executive   and   judicial   departments   to   be   separate 

and  distinct  "  so  that  neither  exercise '"  powers  belonging  to  either 
of  the  others,  and  no  person  to  exercise  power  of  more  than  one 
of  them  at  the  same  time.      (Va.  L  5,  III.) 

Same;  but  adds  "  jxistice  of  the  peace  eligible  to  legislature".      (W. 

Va.  VI.) 

Powers  of  government  divided  into  three  distinct  departments,  legis- 
lative, executive  and  judicial;  and  no  person  charged  with  the 
exercise  of  powers  properly  belonging  to  one  shall  exercise  any 
functions  appertaining  to  either  of  others  except  as  provided  in 
constitution.      (Cal.  Ill  1;  Fla.  II;  Iowa  III  1;  New  III  1;  Utah 

V  1.) 

Powers  of  government  divided  into  three  distinct  departments  — 
legislative,  executive  and  judicial,  and  no  person  belonging  to 
one  of  these  departments  to  exercise  any  of  powers  properly  be- 
longing to  either  of  others  except  as  in  constitution  provided.  (Me. 
Ill  1.  2;  Midi.  IV  1.  2:  Tenn.  II  1,  2.) 

Powers  of  government  divided  into  three  distinct  departments,  each 
of  them  confided  to  a  separate  magistracy.  Those  which  are  legis- 
lative to  one,  those  which  are  judicial  to  another,  and  those  which 
are  executive  to  another.  No  person  or  collection  of  persons  being 
one  or  belonging  to  one  of  these  departments  to  exercise  power 
properly  belonging  to  either  of  others.  Acceptance  of  office  in 
either  of  state  departments  shall  of  itself  and  at  once  vacate  any 
and  all  offices  held  by  person  so  accepting  in  either  of  other  de- 
partments.   {Miss.  I  1,  2.) 

Powers  of  government  divided  into  three  distinct  departments,  each 
confided  to  a  separate  body  of  magistracy,  legislative  to  one, 
executive  to  another,  judicial  to  another:  except  in  instances  pro- 
vided in  constitution,  legislature  never  to  exercise  executive  or 
judicial,  executive  never  to  exercise  legislative  or  judicial,  judicial 
never  to  exercise  legislative  or  executive  "  to  the  end  that  it  may 
be.  a  government  of  laws  and  not  of  men".      1  Ala.  Ill  42.  43.) 

In  the  government  of  this  commonwealth,  the  legislative  depart- 
ment shall  never  exercise  the  executive  and  judicial  powers,  or 
either  of  them:  the  executive  shall  never  exercise  the  legislative 
and  judicial  powers,  or  either  of  them;  the  judicial  shall  never 
exercise  the  legislative  and  executive  powers,  or  either  of  them; 
to  the  end  it  may  be  a  eUvernment  of  laws  and  not  of  men.      (Mass. 

Pt.  I   30.) 


I.\Di:\    Digest  529 


DISTRIBUTION  OF  POWERS    (Cont'd) 

Vesting  of  Executive  Power,  -See  Executive  Power. 

Vesting  of  Judicial  Power,  See  Courts  —  Establishment. 

Vesting  of  Legislative  Power,  *<r  Legislature  —  Legislative  Powot 

Vested. 
Dual  Office  Holding,  Sec  Public  Officers. 
Limitation  on  Legislature 

Legislature  not  to  exercise  judicial  power  not  expressly  conferred  by 

constitution.      (Ohio  II  32.) 
Legislature  to  have  no  power  to  deprive  judicial  department  of  any 
power  or  jurisdiction  which  rightfully  pertains  to  it  as  co-ordinate 
department  of  government.      (Ida.  V   13;   N.C.  IV   12.) 
Provision  for  veto  by  governor  is,  in  part,  to  guard  against  encroach- 
ments of  the  legislative  upon  the  co-ordinate  executive  and  judicial 

departments.  (Md.  II  17.) 
Duties  or  functions  not  to  be  attached  by  law  to  highest  court,  courts 
of  appeal  or  district  courts,  or  to  justices  or  judges  thereof,  except 
such  as  are  judicial.  Xo  judicial  powers,  except  as  committing 
magistrates  in  criminal  cases,  to  be  conferred  on  any  officers  other 
than  those  mentioned  "  in  this  title  "  except  such  as  may  be  neces- 
sary in  towns  and  cities.      (La.  96.) 

DISTRICT  ATTORNEYS,  See  Prosecuting  Attorneys. 
DISTRICT  COURTS,  See  Courts  —  General  Trial  Courts. 

DISTRICTS 
Contracts 

No  public  officer  or  member  of  legislature  to  be  interested  in  directly 
or  indirectly  where  authorized  by  any  law  passed  or  order  made 
by  board  of  which  he  is  or  was  member  during  term  for  which  he 
was  chosen  or  within  one  year  after  termination  of  term.      (Miss. 

IV  109.) 
Drainage,  See  Drainage  —  Drainage  Districts. 
Debt 

Money  borrowed  to  be  applied  to  purpose  for  which  obtained  or  to 

repay  such  loan  and  to  no  other  purpose.      (N.M.  IX  9.) 
Legislature  not  to  authorize  incorporated  districts  to  lend  credit  to 
corporation,   association,   institution  or   individual.      ( Fla.  IX    10; 

Pa.  IX  7.) 
Legislature  not  to  authorize  incorporated  district  to  lend  credit  to 

corporation,   association   or  individual.      (Okla.   X   17.) 
Legislature  not  to   authorize  district   to  lend   credit  in   aid   of  any 
railroad,    telegraph,    or    other    private,    individual    or    corporate 
enterprise   or   undertaking.      (Utah   VI    31.) 
Legislature  not  to  authorize  incorporated  district  to  obtain  money 
for  or  lend  its  credit  to  any  corporation,  association  or  individual 
except    for    purpose   of   cbtutraeting   or    maintaining   bridges,   turn- 
pike roads  or  gravel  roads.      (Ky.   179.) 
Private,  local  or  special  legislation  authorizing  issuance  of  bonds  or 
other  securities  forbidden  unless  authorized  before  enactment  such 
law  by  vote  qualified  electors  thereof  at  election  held  for  purpose 


530  State  Constitutions 


DISTRICTS    (Cont'd) 
Debt  (Cont'd) 

in  manner  prescribed  by  law;  but  legislature  may  without  such 
election  pass  special  laws  to  refund  bonds  issued  before  ratifica- 
tion constitution.  (Ala.  IV  104.) 
Not  to  exceed  7  per  cent,  of  assessed  value  of  taxable  property;  con- 
sent of  electors  at  public  election  required  before  new  debt  in- 
curred or  debt  increased  to  over  2  per  cent,  on  assessed  valuation. 

(Pa.  IX  8.) 
Limited  to  5  per  cent,  on  assessed  valuation  of  taxable  property  for 
year  preceding  that  in  which  debt  incurred;  additional  debt  not 
exceeding  10  per  cent,  may  be  incurred  "  for  the  purpose  of  pro- 
viding water  and  sewerage  for  irrigation,  domestic  uses,  sewerage 
and  other  purposes  " ;  but  no  debt  to  be  incurred  "  for  any  of  the 
purposes   in  this   section  provided  "  unless   authorized  by  vote  of 

majority  of  electors.  (S.D.  XIII  4.) 
"  Drainage,  subdrainage,  road,  subroad,  navigation  or  sewerage 
districts  ",  no  bonds  to  be  issued  for  any  purpose  other  than  that 
stated  in  propositions  submitted  to  taxpayers  nor  for  a  greater 
amount  than  therein  stated,  nor  shall  such  bonds  be  issued  for 
any  purpose  other  than  for  constructing,  improving  and  main- 
taining public  roads  and  highways,  paving  and  improving  streets, 
roads  and  alleys,  purchasing  and  constructing  systems  of  water- 
works, sewerage,  drainage,  navigation,  lights,  public  parks  and 
buildings,  together  with  all  necessary  equipment  and  furnishings, 
bridges  and  other  works  of  public  improvement,  the  title  to  which 
shall  rest  in  the  subdivision  creating  the  debt  as  the  case  may 
be ",  or  unless  authorized  by  majority  in  number  and  amount  of 
property  taxpayers  qualified  to  vote,  voting  at  election  held  for 
purpose.  Amount  of  bonds  issued  by  district  for  all  purposes  not 
over  10  per  cent,  of  assessed  value  of  property,  tax  to  be  laid  by 
governing  authorities  sufficient  to  pay  interest  and  sinking  fund, 
but  tax:  never  to  be  over  10  mills  on  dollar.  Bonds  not  to  run 
more  than  40  years,  nor  bear  interest  over  5  per  cent.,  or  sold 
for  less  than  par.     Similar  provisions  for  renewal  and  refunding 

bonds.  (Ik.  281  (1)  (6).) 
Legislature  may  authorize  defined  district  which  may  include  towns, 
villages  or  municipal  corporations,  to  issue  bonds  or  otherwise 
lend  its  credit  in  any  amount  not  exceeding  one-fourth  of  assessed 
valuation  of  real  property  of  such  district  or  territory,  when 
approved  by  two-thirds  resident  property  taxpayers  voting  on 
question  who  are  qualified  electors  of  such  district  or  territory, 
for  irrigation,  drainage  or  navigation  improvements  or  in  aid 
thereof,  or  the  construction,  maintenance  and  operation  of  paved 
roads  and  turnpikes  or  in  aid  thereof.  This  authorization  to  be 
in  addition  to  all  debts  except  that  total  bonded  debt  of  any  city 
or  town  not  to  exceed  limit  imposed  by  other  provisions  of  con- 
stitution. District  incurring  such  debt  to  levy  and  collect  taxes 
and  pay  interest  and  provide  sinking  fund  for  redemption.      (Tex. 

ni  52.) 


Index  Digest  531 


DISTRICTS    (Cont'd) 

Election  Distbicts,  See  Elections  —  Districts. 
Expenditures 

Legislature  not  to  authorize  incorporated  district  to  obtain  or  ap- 
propriate money  for  or  levy  tax  for  any  corporation,  association 

or   individual.      (Okla.   X    17.) 
Legislature  not  to  authorize  incorporated  district  to  make  appropria- 
tion of  money  to  "  any  corporation,  association,  institution  or  in- 
dividual ".     (Pa.  IX  7.) 
Legislature  not  to  authorize  incorporated  district  to  become  stock- 
holder   in    any    company,    association    or    corporation.      (Okla.    X 

17;  Pa.  IX  7.) 

Legislature   not   to    authorize    incorporated    district    to    appropriate 

money   to    any   corporation,    association   or   individual   except   for 

purpose  of  contracting  or  maintaining  bridges,  turnpike  roads  or 

gravel  roads.      (Ky.   179.) 
Legislature   not   to   authorize   incorporated   district  becoming   stock- 
holder in  company,  association  or  corporation.      (Fla.  IX  10;   Pa. 

IX    7.) 

Legislature  not  to  authorize  incorporated  districts  or  subdivision  to 

become   stockholder   in   any   company,   association   or   corporation. 

(Ky.    179.) 
Legislature  not  to  authorize  district  to  subscribe  to  stock  or  bond 
in  aid  of  any  railroad,  telegraph  or  other  private  individual  or 
corporate  enterprise  or  undertaking.      (Utah  VI  31.) 
Legislature  not  to  authorize  incorporated  districts  obtaining  or  ap- 
propriating   money    for    corporation,    association,    institution    or 

individual.    (Fla.  IX  10.) 
Formation 

No  county,  municipal  corporation,  civil  township,  district  or  sub- 
division to  be  included  within  such  district  or  subdivision  without 
a  majority  vote  in  favor  thereof  of  the  electors  of  the  district 
proposed  to  be  included  therein,  and  no  such  debt  to  be  ever 
incurred  for  any  of  the  purposes  in  this  section  provided,  unless 
authorized  by  a  vote  in  favor  thereof  by  a  majority  of  the  electors 
of  such  district  incurring  the  same.      (S.D.  XIII  4.) 

Improvement,  See  Internal  Improvements  —  Districts. 

Irrigation,  See  Irrigation. 

Legislation   Affecting 

Local  or  special  legislation  regulating  affairs  of  district  forbidden. 

(N.M.  IV  24;    W.Va.  VI   39.) 

Legislature   not   to    enact    indirectly    any    special    or    local    act    by 

exempting  district  from  the  operation  of  a  general  act.     (Ky.  60.) 

Legislative     Apportionment,     See    Legislature — Apportionment    of 

Members. 

Levee,  See  Levees  —  Levee  Districts. 

Militia,  See  Militia  —  Divisions. 


532  State  Constitutions 


DISTRICTS    (Confd) 
Officebs 

Accounts 

Legislature  to  provide  for   accountability,   as  to  fees  collected 
and  all  public  moneys  paid  to  or  which  officially  come  into 

their  possession.  (Wash.  XI  5.) 
Laws  to  be  "  enacted  and  enforced  by  suitable  provisions  and 
penalties "  requiring  sheriffs  and  other  county  officers  who 
receive  or  whose  duty  it  is  to  receive,  hold  or  pay  out  money 
for  the  use  of  or  belonging  to  the  state  or  any  county,  district 
or  municipal  corporation  to  make  annual  account  and  settle- 
ment therefor.  Such  settlement  to  be  subject  to  exceptions 
and  to  take  such  direction  and  have  such  force  and  effect  as 
provided  by  law.  Settlement  to  be  recorded  and  open  to 
examination   of   people   at   such   convenient   place   as   may   be 

fixed  by  law.      (W.Va.  VI  27.) 

No    person    who    has    collected    or    been    intrusted    with    public 

money  of  district  to  be  eligible  to  legislature  or  to  any  office 

of  honor,  trust  or  profit  in  the  state  until  he  shall  have  duly 

accounted   for   and   paid   over   such  money   according   to   law. 

(W.Va.  VI  14.) 
Compensation 

Legislature  to  prescribe.      (N.D.  X  173.) 

Except  constables  to  be  paid  fixed  and  definite  salaries.     (Utah 

XXI    1.) 
Legislature   to   regulate   compensation   in   proportion   to   duties. 

(Wash.  XI  5.) 
Duties 

Duties' to  be  prescribed  by  legislature.     (Wash.  XI  5.) 
Legislature  to  prescribe.      (N.D.  X  173.) 
Election 

General  election  for  to  be  held  on  Tuesday  after  first  Monday 

November.      (Iowa  II  7.) 
Time  of  election,  biennially  on  Tuesday  following  first  Monday 

in  November  even  numbered  years.      (Wash.  VI  8.) 
Time   of   election   Tuesday   after   first   Monday  November.     (Va. 

VII    112.) 
In  districts  composed  of  more  than  one  county,  votes  for  officers 
to  be  canvassed  by  canvassing  board  of  each  county  for  their 
respective  counties   and   then   on   their   report  by   state   can- 
vassing board  which  shall  declare  the  result.      (N.M.  XX  7.) 
At  elections  candidates  receiving  largest  number  of  votes  to  be 

elected.     (R.I.  Amend.  XI.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election 
of  such  as  public  convenience  may  require.      (Wash.  XI  5.) 

Fees 

To  be  required  by  law  to  keep  correct  account  of  fees  collected 
and  to  pay  into  proper  treasury;  and  officer  whose  duty  it  is  to- 
collect   such   fees   shall   be   responsible  under   bond   for  them. 

(Utah  XXI  2.> 


Index  Digest  533 


DISTRICTS    (Cont'd) 
Officers  (Cont'd) 
Fees    (Cont'd) 

Legislature  to  provide  for  accountability  as  to  fees  collected  and 
all  public  moneys  paid  to  or  which  officially  come  into  their 

possession.      (Wash.   XI   5.) 
Free  Transportation 

Transportation  company  not  to  give,  and  officer  of  district  not 
to  receive,  free  or  reduced  rates  of  transportation;  officer 
violating  to  forfeit  office  and  be  punished  as  prescribed  by 
law.  but  this  does  not  prevent  firemen  or  policemen  from 
accepting    free    transportation    while    in    discharge    of    duty. 

(Va.  XIII  161.)' 
No    railroad   or    transportation    company    to   grant    free   or   dis- 
counted passes  or  tickets.     Legislature  to  enforce  by  suitable 

provision.      (Miss.   VII    188.) 
Common  carrier  forbidden  to  give  free  pass  or  reduced  rates  and 
officer  forbidden  to  accept  under  penalty  of  forfeiture  of  office. 
Legislature  to  enforce.      (Ky.  lt>7.i 

Provision  for 

Legislature  authorized  to  provide  for  election  or  appointment 
of  "  ministerial  or  executive  officers  "  other  than  those  men- 
tioned in  the  constitution.  (Ky.  107.) 
Legislature  to  provide  for  election  or  appointment  of  such  min- 
isterial or  executive  officers  as  may  be  necessary  other  than 
those  mentioned  by  constitution.  (Ky.  107.) 
Legislature  to  provide  by  law  for  such  other  officers  than  those 
named  in  the  constitution  as  may  be  deemed  necessary.      (N.D. 

X  173.) 
Legislature  to  provide  by  general  law  for  such  as  may  be  neces- 
sary and  shall  prescribe  duties  and  compensation  of  all  district 

officers.      (S.D.  IX  6.) 
Qualifications 

To  be  electors  of  districts  in  which  elected.      (S.D.  IX  7.) 

No  collector  or  his  assistant  or  deputy  of  taxes  or  public  moneys 

for   district    to    be   eligible    to    legislature   unless    six    months 

before  election  he  obtains   "  quietus "    for   his  collections   and 

all  public  moneys  for  which  he  is  responsible.      (Ky.  45.) 

To   be   residents   of   the   political   subdivision   for   which    elected 

or  appointed.      (N.M.  V  13.) 
Residence  and  Office 

To  reside  in  district  and  keep  office  at  such  place  therein  as  re- 
quired by  law.      (Ark.  XIX  4:  Ky.  234.) 

Term 

Not  exceeding  four  years.      (Ky.  107.) 

To  commence  January  1st  next  after  election ;  except  those  elected 

to  fill  vacancies.      (N.M.  XX  3.) 
Terms  to  be  fixed  by  legislature.      (Wash.  XI  5.) 


534  State  Constitutions 


DISTRICTS    (Cont'd) 
Officers  (Cont'd) 
Vacancies 

To  be  filled  unless  otherwise  provided  by  law  by  appointment  of 
governor;  if  appointment  made  during  session,  to  be  confirmed 
by  two-third  senate  present;  if  made  during  recess,  same  or 
another  nomination  to  be  sent  to  senate  during  first  10  days 
of  session.  If  rejected,  governor  to  make  further  nominations. 
Governor  not  to  appoint  during  recess  any  person  rejected  by 
senate,  but  may  appoint  other  person  until  next  session  or 
until  regular  election.  Appointments  to  vacancies  in  elective 
offices   to    continue    only    until    next    general   election.       (Tex. 

IV  12.) 
Reclamation,  See  Reclamation. 
Roads,  See  Roads  —  Road  Districts. 
School,  See  Education  —  School  Districts. 
Sewerage  Districts 

Municipalities  may   create   one   or   more   sewerage   districts   within 
their  limits.      (La.   280.) 
Territorial 

Continued  with  same  names,  boundaries  and  rights  until  changed  in 
accordance  wTith  constitution  and  laws  of  state.      (N.M.  XXII  12.) 
Taxing  Districts 

Not  to  become  indebted  in  any  manner  or  for  any  purpose  to  amount 
exceeding  in  any  year  income  and  revenue  for  that  year  without 
consent  of  two-thirds  voters  voting  at  election  held  for  purpose. 
Debts  contracted  in  violation  of  this  provision  to  be  void  and  not 
to  be  assumed  by  municipality  or  enforcible  against  persons  con- 
tracting them.  Total  debt  of  such  districts  not  to  exceed  in  aggre- 
gate 2  per  cent,  of  value  of  taxable  property  therein  as  shown  by 
assessment  next  before  last  assessment  previous  to  incurring  debt, 
but  debt  in  excess  of  this  limit  may  be  contracted  to  pay  obliga- 
tions existing  time  adoption  constitution.  Renewal  bonds  or 
funding  bonds  not  to  be  prevented  by  this  limitation.  Such  dis- 
tricts at  time  of  authorizing  creation  of  debt  must  provide  for 
collection  of  taxes  to  pay  interest  and  create  sinking  fund  to 
redeem  principal  within  40  years.  (Ky.  157,  158,  159.) 
Not  to  be  permitted  to  grant  franchise  or  privilege  or  make  any 
contract  in  reference  thereto  for  more  than  20  years;  before 
grant,  bids  to  be  received  after  due  advertisement  and  award  to  be 
to  highest  and  best  bidder;  but  all  bids  may  be  rejected.  This  does 
not  apply  to  trunk  railway.  (Ky.  164.) 
Voters,  Qualifications  of 

On  submission  of  any  question  of  expenditure  to  popular  vote,  any 
woman  having  qualifications  of  male  electors,  and  owning  property 
assessed  for  taxes  in  district,  to  be  entitled  to  vote.      (Mich.  Ill  4.) 
DITCHES 

General   assembly   shall   not   pass   any   local   or   special   law   relating  to. 

(Del.  II   19.) 
Community  ditches  and  laterals  to  be  tax  free.      (N.M.  VIII  3.) 


Index  Digest  535 


DITCHES   (Cont'd) 

Public  land  needed  for  drain  or  irrigation  ditches  may  be  purchased  like 
other  school   land;    patent  to  issue  when  principal   and   interest  paid, 
at  time  of  sale  or  later.      (N.D.  IX  158.) 
Eminent  domain 

See  Eminent  Domain  —  Private  Uses. 
See  Eminent  Domain  —  Special  Public  Uses. 
Drainage,  See  Drainage. 

Taxation,  See  Taxation  —  Exemptions  —  Irrigation. 
DIVORCE 

Not  to  be  allowed  in  state.      (S.C.  XVII  3.) 

Legislature  not  to  grant.      (Iowa  III  27;    Mich.   V   32;    Minn.   IV  28; 

N.J.  IV  Sec.  VII  1;  Ohio  II  32;  Wash.  II  24;  Wis.  IV  24.) 
Not  to  be  granted  by  private,  local  or  special  law.     (Ala.  IV  104;  Ariz. 
IV  19;  Ark.  V  24;   Cal.  IV  25;  Colo.  V  25;   Fla.  Ill  20;  Ida.  Ill  19; 
111.  IV  22;  Ind.  IV  22;  Ky.  59;  La.  48;  Md.  Ill  33;  Miss.  IV  90;  Mo. 

IV  53;  Mont.  V  26;  Nebr.  Ill  15;  Nev.  IV  20;  N.M.  IV  24;  N.D.  II  69; 
Okla.  V  46;   Ore.  IV  23;   Pa.  Ill   7;   S.D.  Ill  23;   Tex.  Ill  56;   Utah 

V  26;    W.Va.  VI  39;   Wyo.   Ill  27.) 

Legislature  may  regulate  divorce  by  general  law,  but  may  not  grant  in 

individual  cases.      (N.C.  II   10.) 
Legislature  to  confer  on  courts  power  to  grant,  and  shall  not,  by  special 

legislation,  grant  relief.     (Va.  IV  63.) 

Legislature  not  to  grant  divorces,  but  may  authorize  courts  of  justice 

to  grant   them   for   causes   specified  by   law;    general   and  uniform   in 

operation  throughout  the  state.     (Tenn.  XI  4.) 

No  divorce  to  be  granted  except  by  judgment  of  a  court,  as   prescribed 

by  general  and  uniform  law.      (Del.  II   18.) 
No  divorce  to  be  granted  otherwise  than  by  due  judicial  proceedings. 

.    (N.Y.  I  9.) 
Power  to  grant  vested   in  district  courts,  subject  to  regulation  by  law. 

(Kan.  II   18.) 

All  causes  of  marriage,  divorce  and  alimony  to  be  heard  and  tried  by 

superior  court,  until  legislature  makes  other  provision  by  law.      (N.H. 

II  75.) 
All  causes  of  marriage,  divorce  and  alimony  to  be  heard  and  determined 
by  governor  and  council,  until  legislature  makes  other  provision  by 
law.  (Mass.  Pt.  II  Ch.  Ill  5.) 
No  total  divorce  to  be  granted  except  on  concurrent  verdicts  of  two 
juries  at  different  terms  of  court,  and  when  divorce  granted,  jury 
rendering  final  verdict  to  determine  rights  and  disabilities  of  parties. 

(Ga.  VI  Sec.  XV  1,  2.) 

Divorce  cases  to  be  brought  in  county  where  defendant  resides  if  resident 

of  state.     If  not,  then  in  county   in  which  plaintiff  resides.      (Ga.  VI 

Sec.  XVI  1.) 
Alimony  not  to  be  allowed  except  by  judgment  of  a  court,  as  prescribed  by 

general    and   uniform   law.      (Del.    II    18.) 
Legislature  may  regulate  alimony  by  general  law,  but  may  not  grant  or 
secure   in   individual   cases.      (N.G.   II    10.) 
DOUBLE  JEOPARDY,  See  Jeopardy. 


536  State  Constitutions 


DRAINAGE 

Ditches,  See  Ditches. 
Eminent  Domain 

See  Eminent  Domain  —  Private  Purposes. 

See  Eminent  Domain  —  Special  Public  Purposes. 
Drainage  Districts 

In  this  subhead  are  digested  provisions  relating  particularly  to 
drainage  districts;  for  districts  in  general,  See  Districts. 

Laws  may  be  passed  for  formation  of.      (Ohio  II  36.) 

Legislature   to   provide   for   organization    and   operation   of.      (N.M. 

XVI  4.) 

The  legislature  to  have  power  to  provide  for  supervision,  regulation 
and  conduct,  in  such  manner  as  it  may  determine,  of  affairs  of 
drainage  districts  organized   and  existing  under  any   law  of  this 

state.      (Cal.  XI  13.) 

Legislature  may  provide  for  organization  of,  with  power  to  construct 
and  maintain  levees,  drains  and  ditches  and  to  keep  in  repair 
those  already  constructed  under  laws  of  state,  by  special  assess- 
ments on  property  benefited.      (111.  IV  31;  Iowa  I  IS.) 

Legislature  may  provide  for  organization  of,  for  drainage  of  land 
for  any  public  use  and  may  vest  corporate  authorities  of,  and 
corporate  authorities  of  counties,  townships  and  municipalities, 
with  power  to  construct  levees,  drains  and  ditches,  and  to  keep 
in  repair  those  already  constructed  under  laws  of  state,  by  special 
assessments  on  property  benefited,  according  to  benefits  received. 

(S.D.  XXI  6.) 

May,  when  authorized  by  majority  in  number  and  amount  of  prop- 
erty taxpayers,  qualified  voters,  incur  debt  and  issue  bonds  for 
drainage  purposes  not  to  exceed  in  amount  10  per  cent,  of  assessed 
value  of  property  in  district,  and  the  governing  authorities  of 
district  may  lay  taxes  sufficient  to  pay  interest  and  principal. 
Detail  provisions  as  to  election  and  bonds.      (La.  281.) 

May  be  created  by  police  juries  in  accordance  with  law,  with  powers 
in  addition  to  general  power  granted  municipalities  and  districts, 
to  levy  taxes  and  issue  bonds  to  establish  and  maintain  drainage 
systems;  detailed  provisions  as  to  levy  of  taxes  on  lands  benefited 
and  issue  of  bonds,  with  consent  of  property  holders.      (La.  281, 

2,  3.) 
Provision  for 

Special   or   local   laws   concerning   drainage   may  be   enacted.      (S.C. 

Amend. ) 

Private  and  local  laws  providing  for  draining  swamp  and  other  low 
lands  prohibited;  provisions  to  be  made  by  general  law;  prohibi- 
tion not  to  apply  to  bills  reported  to  legislature  by  commissioners 
to  revise  statutes.      (iST.Y.  Ill  18,  23.) 

Legislature  may  provide  by  law  for  organization  and  operation  of 
drainage  systems.      (X.M.  XVI  4.) 

Drainage  of  agricultural  lands  a  public  purpose,  legislature  may 
provide  therefor.      (S.D.   XXI  6.) 

Legislature  to  provide  by  law  for  condemnation,  through  proper 
official   channels,   of    all    lands   necessary   for   proper   drainage   of 


Index  Digest  537 


DRAINAGE    (Cont'd) 

Provision  for  (Cont'd) 

swamp  and  low  lands  of  state,  and  for  equitable  assessment  of 
all  lands  so  drained,  to  pay  expenses  of  such  condemnation  and 
drainage.  (S.C.  Amend.  Art.  I.) 
Legislature  to  provide  for  a  system  of  levees,  drains  and  ditches 
when  deemed  expedient;  for  payment  of  bonds  or  expense  neces- 
sarily incurred  in  establishment  thereof  by  taxes  on  land  affected 
or  benefited  or  on  crops  raised  thereon;  and  for  compulsory  issu- 
ance of  bonds  by  owners  or  lessees  of  lands  benefited  or  affected. 

(Okla.  XVI  3.) 
Purchase  of  Public  Lands  for 

School  lands  needed  for  drain  ditches  may  be  purchased  like  other 
school  lands,  but  patent  shall  issue  when  principal  and  interest 
due  are  paid  at  time  of  sale  or  later.      (N.D.  XIII  15S. ) 

Taxation 

Community  ditches  and  all  laterals  thereof  for  drainage  exempt 
from  taxation.      (N.M.  VIII  3.) 

DUE  PROCESS  OF  LAW 

See  Life,  Liberty  and  Property. 

See  Crimes  —  Rights  of  Accused  —  In  General. 

DUELING 

As  disqualificatio7i  to  hold  office,  See  Public  Officers  —  Qualifications 

and  Disqualifications. 

As  disqualification  to  vote,  See  Elections  —  Qualifications  and  Dis- 
qualifications of  Electors. 

Legislature  to  pass  such  penal  laws  as  it  deems  expedient  to  suppress. 

(Ala.  IV  86.) 

Persons  fighting  duel,  assisting  in  same  as  second,  or  sending,  accepting 
or  knowingly  carrying  challenge  therefor,  to  be  punished  as  prescribed 

by  law.     (Ark.  XIX  2.) 

Residents  of  state  convicted  of  fighting  duel  in  this  state  or  of  sending 
or  accepting  challenge,  or  of  aiding  or  abetting  same,  to  be  subject  to 
punishment  prescribed  by  law.      (Ga.  II  Sec.  IV  2.) 

Person  directly  or  indirectly  giving,  accepting  or  knowingly  carrying 
challenge  to  any  person  to  fight  in  single  combat,  with  citizen  of  state, 
with  deadly  weapon,  either  in  or  out  of  state,  if  said  acts  or  any  of 
them  be  committed  within  state,  to  be  punished  as  legislature  may 
prescribe;  governor  may,  after  five  years  from  time  of  offense,  pardon 
person  who  has  participated  in  duel  as  principal,  second  or  otherwise, 
and  restore  him  to  rights,  privileges  and  immunities  to  which  entitled 
before  participation.      (Ky.  230,  240.) 

Person  fighting  duel  or  sending  or  accepting  challenge  for  that  purpose, 
or  aiding  or  abetting  same,  to  be  punished  as  prescribed  by  law.      (S.C. 

I  11.) 

Person  fighting  diiel,  or  knowingly  carrying,  sending  or  accepting  chal- 
lenge for  that  purpose,  or  aiding  or  abetting  same,  to  be  punished 
as  legislature  may  prescribe.      (Tenn.  IX  3.) 

Inhabitant  of  state  engaged  in,  either  directly  or  indirectly,  as  principal 
or  accessory,  to  be  punished  as  prescribed  by  law.      (Wis.  XIII  2.) 


538  State  Constitution; 


EDUCATION 

For    exemptions    of    school    property    from    taxation,    See    Taxation  — 

Exemptions. 
Agricultural  and  Mechanical  College 

See  also  below,  this  title,  "Agricul tubal  Colleges'',  '"'State  Uni- 
versity ",  "  Funds  ". 

Agricultural  and  mechanical  department  to  be  included  in  provision 
for  state  university.      (X.C.  IX  14;  Tex.  VII  10.) 

State  ratines  agreement  to  maintain,  in  accordance  with  grants  made 
under  act  of  Congress  July  2,  1S62,  and  will  preserve  intact 
endowments  for  said  colleges.      (Miss.  VIII  213.) 

As  established  by  act  of  April  17,  1S71,  located  in  county  of  Brazos, 
is  made  a  branch  of  the  university.     (Tex.  VII  13.) 

Alabama  Polytechnic  Institute,  formerly  Agricultural  and  Mechani- 
cal College,  to  be  managed  by  board  of  trustees  appointed  by 
governor,  confirmed  by  senate  for  term  of  12  years,  one-third 
of  board  appointed  every  four  years.  Board  consists  of  two  from 
congressional  district  in  which  institution  is  located,  one  from 
each  other  congressional  district  in  state,  superintendent  of  edu- 
cation and  the  governor  as  ex  officio  president  of  board. 
Governor  fills  vacancies.  Xo  salary.  Actual  expenses  allowed. 
Legislature  cannot  change  location  without  two-thirds  vote  with 
yeas  and  nays  entered  on  journals.      (Ala.  XIV  266.) 

Louisiana  Agricultural  and  Mechanical  College,  founded  on  land 
grants  of  United  States,  to  endow  a  college  for  the  benefit  of 
agriculture  and  mechanic  art,  recognized,  and  all  revenue  from 
agricultural  and  mechanical  fund  and  other  funds  or  lands 
donated  by  United  States  for  such  a  college  shall  be  applied  to 
it.  and  legislature  shall  make  appropriations  necessary  for  its 
maintenance,   support   and  improvement.      ( La.   256. ) 

Xew  Mexico  College  of  Agriculture  and  Mechanic  Arts  near  Las 
Cruces,  same  provision  as  for  State  University  and  provision  also 
that  state  appropriations  made,  and  land  grants  from  United 
States  for  agricultural  and  mechanical  colleges  and  experimental 
stations  shall  be  paid  to.      |  X.M.  XII  11.  13.)    - 

Virginia  Polytechnic  Institute,  president  of,  ex  officio  member  of 
board  of  agriculture  and  immigration.  President  of  board  of 
agriculture  and  immigration  ex  officio  member  of  board  of  visitors 

of.      (Va.  X  143,  146.) 

State  shall  preserve  intact  endowments  to  and  support  the  Agri- 
cultural and  Mechanical  College  of  Mississippi,  and  the  Alcorn 
Agricultural  and  Mechanical  College  established  from  land  grants 
made  by  United  States.     (Miaa.  VIII  213.1 

Board  of  agriculture  to  consist  of  five  farmers  selected  in  manner 
prescribed  by  law  shall  be  the  board  of  regents  of  the  State 
Agricultural  and  Mechanical  College.  One-third  of  lands  or  pro- 
ceeds thereof  accruing  from  section  13  in  every  portion  of  the 
state  goes  to  Agricultural  and  Mechanical  College,  and  Colored 
Agricultural  and  Xormal  University.      (Okla.  VI  31,  XI  5.) 


Index  Digest  539 


EDUCATION    (Cont'd) 

Agricultural  and  Mechanical  College   (Cont'd) 

Fund  of  declared  to  be  $182,313.03,  the  proceeds  of  sale  of  lands, 
etc.,  which  is  declared  a  perpetual  loan  to  the  state  upon  which  it 
shall  pay  5  per  cent,  annual  interest.      (La.  260.) 

Agricultural  Colleges 

College  of  agriculture  to  be  in  State  University.      (Ariz.  XI  1.) 

College  of  agriculture  established  as  part  of  State  University,  con- 
gressional grant  of  July  2,  1862,  to  be  appropriated  for.     (Cal. 

IX  9.) 

One  at  Fort  Collins  adopted  by  state,  control  and  management  of  to 
be  regulated  by  legislature,  location  of  and  grants,  gifts  and 
appropriations  for  confirmed  for  use  and  benefit  of,  under  specified 
conditions.     Farmers'  institutes  may  be  given  in  any  part  of  the 

state.     (Colo.  VIII  5.) 

The  state  board  of  agriculture  consists  of  six  members  holding  office 
for  six  years,  two  to  be  elected  at  the  regular  biennial  spring 
election.  Board  elects  'president  of  agricultural  college,  to  be 
ex  officio  member  of  the  board  with  privilege  of  speaking  but  not 
voting,  and  shall  preside  at  meetings  and  be  principal  executive 
officer  of  the  college.  Board  to  have  general  supervision  of  college 
and  direction  and  control  of  agricultural  college  funds,  and  other 
duties  prescribed  by  law.      (Mich.  XI  7,  8.) 

Legislature    shall    maintain    a    state    agricultural    college.       (Mich. 

XI   10.) 

Legislature  shall  appropriate  all  salt  spring  lands  now  unappro- 
priated and  money  arising  from  the  sale  of  same  together  with 
funds  or  lands  hereafter  granted  or  appropriated  for  such  pur- 
pose for  support  and  maintenance  of  agricultural  college.      (Mich. 

XI    13.) 

Department    of    agriculture    to    be   established    at    state    university. 

(Kan.  VI  7;  Xev.  XI  4;  N.C.  IX   14.) 

One  located  at  Fargo  to  have  lands  specifically  granted  by  act  of 
congress,  February  22,  18S9,  subject  to  limitations  provided  in 
article  on  school  and  public  lands.      (N.D.  XIX* 215.) 

One-third  of  proceeds  of  section  13  in  every  portion  of  state  goes  to 
Colored  Agricultural  and  Normal  University.      (Okla.   XI  5.) 

Terms  of  congressional  land  grant  and  funds  for  an  agricultural 
college  confirmed  and  accepted.  Legislature  shall  as  soon  as 
practicable  separate  Claflin  College  from  Claflin  University  and 
provide  for  it  a  separate  corps  of  men  and  women  professors  with 
negro  representation  and  establish  it  as  the  Colored  Normal  In- 
dustrial, Agricultural  and  Mechanical  College.  Legislature  may 
provide  for  maintenance  of  Clemson  Agricultural  College.      (S.C. 

XI  8.) 

Property  received  for  an  agricultural  college  shall  he  held  as  a  trust 
fund   therefor,    and   the   state   shall    make   up    any   losses.      (S.D. 

VIII  7.) 


540  State  Constitutions 


EDUCATION    (Cont'd) 

Agricultural  Colleges   (Cont'd) 

The  agricultural  college  to  be  under  control  of  board  of  five  members 
(legislature   may   increase   to   nine)    appointed   by  governor,   con- 
firmed by  senate,  under  rules  and  restrictions  provided  by  legisla- 
ture.     (S.D.  XIV  3,  4.) 
Location  and  establishment  of  the  agricultural  college  confirmed  and 
all    rights    and    endowments    heretofore   granted    are    perpetuated. 

(Utah  X  4.) 
Appropriation  s 

See  also  below,  this  title,  "  Common  Schools  —  Establishment  and 

Support  ",  "  Funds  ". 

No  appropriation  to  be  made  to  educational  institutions  not  under 

absolute  control  of  state  other  than  normal  schools  established  by 

law  for  professional  training  of  public  school  teachers,  except  by 

vote   of   two-thirds   of   all   members   elected   to  each   house.     (Pa. 

Ill  17.) 
Legislature  shall  make  appropriations  for  support,  development  and 
improvement  of  state  educational  institutions  to  be  met  by  taxa- 
tion, in  addition  to  revenue  from  investment  of  proceeds  of  sale  of 
such  lands  as  have  been  set  aside  by  enabling  act  or  other  United 

States  enactment.  (Ariz.  XI  10.) 
Legislature  not  to  make  donation,  grant  or  endowment  to  any 
literary  institution  unless  at  time  of  making  same  legislature  has 
power  "  to  grant  further  powers  to  alter,  limit  or  restrain  any 
of  the  powers  vested  in  "  such  institution  as  may  be  necessary  to 
promote  its  best  interests.  (Me.  VIII.) 
No  appropriation  of  public  funds  to  be  made  to  any  school  or  in- 
stitution of  learning  unless  owned  or  controlled  exclusively  by 
state  or  political  subdivision  thereof  except  (1)  appropriation  to 
College  of  William  and  Mary  may  be  continued;  (2)  provision 
does  not  apply  to  payment  of  interest  on  certain  bonds  held  by 
certain  schools  and  colleges  under  act  of  February  23,  1892;  (3) 
counties,  cities,  towns  and  districts  may  make  appropriations  to 
non-sectarian  schools  of  manual,  industrial  or  technical  training 
as   well    as    to    schools    owned   or    exclusively   controlled   by   local 

public  authorities.     (Va.  IX  141.) 
General  appropriation  bill  shall   include  appropriations  for  support 

of  educational  interests  of  the  state.  (Ga.  Ill  Sec.  VII  9.) 
For  educational  purposes  not  to  be  made  to  any  person,  corporation 
or  community  not  under  absolute  control  of  state.  (Ala.  IV  73; 
Colo.  V  34;  Mont.  V  35;  N.M.  IV  31;  Pa.  Ill  17,  18;  Wyo.  Ill  36.) 
Credit  or  money  of  the  state  not  to  be  given  to  any  association  or 
incorporation  or  private  undertaking  except  legislature  may  make 
provision  for  the  education  and  support  of  the  blind,  deaf  and 
dumb  and  juvenile  delinquents  and  limitation  does  not  apply  to 
fund   or  property  held  by   state  for  educational  purposes.      (N.Y. 

VIII  9.) 


Index  Digest  541 


EDUCATION    (Cont'd) 

Appropriations    ( Con  t  'd  I 

No  county,  township,  city  or  other  municipality  to  make  appropria- 
tion or  donation  to  or  in  aid  of  any  college  or  institution  of 
learning  or  other  institution  whether  created  for  or  to  be  eon- 
trolled  by  the  state  or  others.  (Mo.  IX  6.) 
No  more  than  4  per  cent,  of  moneys  raised  or  appropriated  for 
public  schools  shall  be  used  otherwise  than  for  teachers'  salaries 
except  operation  of  this  section  is  suspended  by  two-thirds  vote  of 

eacfc  house.     (Ala.  XIV  261.) 
Donations   for   support  of   public  schools   or  other   educational   pur- 
poses  may   be   received   by   legislature   and    applied    according   to 
terms  prescribed  by  donors.      (R.I.  XII  3.) 
All  gifts  for  educational   purposes  if  accepted  by  legislature  to  be 
applied  to  same  unless  in  conflict  with  constitution.      (S.C.  XI  10.) 
For  educational  institutions  not  under  absolute  control  of  the  state, 
except   normal   schools   established  by   law   for   training  of  public 
school   teachers,   requires   two-thirds   vote   of   members   elected   to 

each   house.      (Ala.    IV    73.) 
Boards  of  Education 

For  State  Boards  of  Education,  See  belov\  this  title.  State  Boards. 

City  Boards 

Charters  framed  for  cities  of  over  3,500  inhabitants  may  provide 

for  election  or  appointment  of,  and  fix  number,  qualifications, 
compensation  and  conditions  of  removal  of  members  of.      (Cal. 

XI   8%.) 

City  and  county  of  Denver  shall  alone  always  constitute  school 

district  Xo.  1.   Its  afl'airs  to  be  conducted  by  board  of  education. 

constituted  and  elected  as  general  school  laws   shall  provide. 

(Colo.  XX  7.) 
Powers  of  board  of  education  in  Chicago  may  be  consolidated 
with  those  of  other  present  divisions  of  government  in  Chicago 
in  a  new  charter  or  government  for  the  city  subject  to  condi- 
tion specified.      (111.  IV  34.) 
In  cities  of  first  and  second  class  their  boards  of  education  to 
control  apart  from  counties  in  which  located.      (Utah  X  6.) 
County  Boards 

Legislature  shall  provide  for  in  each  county.     (Cal.  IX  7.) 
District  Boards 

School  districts,  when  embraced  wholly  or  in  part  within  any 
city,  to  have  power  by  referendum  vote  to  determine  number 
of   members  and  organization   of  district  board   of  education. 

(Ohio   VI   3.) 
Parish  Boards 

Legislature  shall  provide  for  creation  of.  Said  boards  shall 
elect  a  parish  superintendent  of  public  education,  his  quali- 
fications to  be  fixed  by  legislature.  He  shall  be  ex  officio  sec- 
retary of  the  parish  board.  Salary  fixed  by  the  legislature  and 
paid    out    of    public    school    funds    accruing    to    the    parish. 

(La.   250.) 


542  State  Constitutions 


EDUCATION    (Cont'd) 

Boards  of  Education   (Cont'd) 
Debt 

See  also  below,  this  title,  School  Districts  —  Debt. 
Not  to  incur  indebtedness  or  liability  exceeding  in  that  year 
income  and  revenue  provided  for  such  year  without  assent 
of  two-thirds  of  qualified  electors  voting  at  election  held  for 
that  purpose,  nor  unless  before  or  at  time  of  incurring  pro- 
vision made  for  collection  of  annual  tax  sufficient  to  pay 
interest  and  also  to  constitute  sinking  fund  for  payment  of 
principal  within  20  years  from  time  of  contracting;  in- 
debtedness or  liability  incurred  contrary  to  this  provision  to 
be  void,  but  section  not  to  be  construed  to  apply  to  ordinary 
and  necessary  expenses  authorized  by  general  laws  of  state. 

(Ida.  VIII  3.) 
Not  to  lend  or  pledge  credit  or  faith  directly  or  indirectly  to  or 
in    aid    of    individual,    association    or    corporation    for    any 
amount   or   for   any  purpose  whatever,   or  become   responsible 
for  debt,  contract  or  liability  of  any  individual,  association  or 
corporation  in  or  out  of  state.      (Ida.  VIII  4.) 
Indebted   at   time   of   admission   of   state   authorized   to   provide 
for  payment  by  tax  levy  or  bonds  without  reference  to  limits 
imposed  in  constitution.      (Okla.   Sched.  25.) 
Execution  not  to  issue  on  judgment  against  board  of  education 
or  against  any  officer  therein  in  his  official  capacity  and  for 
"  which  the  board  of  education   is  liable ;   such  judgment  shall 
be  paid  out  of  the  proceeds  of  a  tax  levy  and  when  so  col- 
lected shall  be  paid  by  the  "  county  treasurer  "  to  the  judg- 
ment  creditor.      (N.M.  VIII  7.) 
Membership  Qualifications 

Women  with  qualifications  of  male  electors  eligible  as  members 

of.      (N.M.  VII  2.) 

Common  Schools 

Establishment  and  Support 
Appropriations 

See  also  below,  this  title,  Funds,  and  above,  this  title,  Ap- 
propriations. 
Appropriations   for   included   in   general   appropriation   bill. 
(Ala.  IV  71;    Ariz.  IV  20:    La.   55;   Miss.  IV  69;   Mont. 
V  33:  N.M.  IV  16;  N.D.  II  62;  S.D.  XII  2.) 
Third   item   in   list   of   seven   objects   for   which   legislature 
must  make  provision  in  order  named  in  general   appro- 
priation   bill    before    making    appropriation    for    other 

purposes.     (Mo.  IV  43.) 
If  taxable  property  should  be  segregated  and  objects  liable 
to  state  tax  and  those  liable  to  local  taxes  named,  legis- 
lature may  then  provide  for  fixed  appropriations  not  less 
than     constitution     prescribes     for     support     of     schools. 

(Va.   135.) 


Index  Digest  543 


EDUCATION    (Cont'd) 

Common  Schools   (Cont'd) 

Establishment  and  Support    (Cont'd) 
In  General 

Legislature  shall  establish  and  maintain  general,  thorough, 
uniform  and  efficient  system  of  free  common  or  publio 
schools.  (Ariz.  XX  7,  XI  1;  Ark.  XIV  1;  Del.  X  1; 
Fla.  XII  1;  Ga.  VIII  Sec.  I;  Ida.  IX  1;  111.  VIII  1;  Ind. 
VIII  1;  Kan.  VI  2;  Ky.  183;  Md.  VIII  1;  Mich.  XI  9; 
Minn.  VIII  1 ;  Miss.  VIII  201;  Mont.  XI  1,  Ord.  I  4;  Nebr. 

VIII  6;  Nev.  XI  1;  X.M.  XII  1,  XXI  4;  X.J.  VII  6;  N.Y. 

IX  1;  N.D.  VIII  147,  14S;  Okla.  I  5,  XIII  1;  Ore.  VIII  3; 
Pa.  X  1;  S.C.  XI  5;  S.D.  VIII  1,  XXII,  XXIV  18  (4); 
Tex.  VII  1;  Utah  X  1,  2,  Ord.  Ill;  Va.  IX  129;  Wash. 
IX  2,  XXVI;  W.Va.  XII  1;  Wyo.  VII  1,  Ord.  5.) 

Legislature  prohibited  from  passing  any  special,  private 
or  local  act  for  support  of  common  schools.  (La.  48; 
Miss.  IV  90,  VIII  201;  Mo.  IV  53  (19);  N.J.  IV  Sec. 
VII   11;   Okla.  V  46;   Ore.  IV  23    (11);   Pa.  Ill  7;   Tex. 

Ill  56.) 

Legislature  to  provide  by  taxation  in  addition  to  income 
from   school    fund   for   thorough   and   efficient   system   of. 

(Ohio  VI  2.) 

Legislature  authorized  and  their  duty  to  require  towns  to 
make  suitable  provision  at  their  own  expense  for  support 
and  maintenance  of  public  schools.      (Me.  VIII.) 

Special  existing  provisions  for  public  schools  in  Mobile 
county  to  be  retained  and  educational  article  of  constitu- 
tion only  partially  applicable.      (Ala.   XIV  270.) 

City    of    New    Orleans    to    make    provision    for    its    public 
schools,   and   in    addition   to  tax   to   continue   to   receive 
from  board  of  liquidation  of  the  city  debt  the  amounts 
to  which   entitled   under   amendment  of   1892  to  the  con- 
stitution.     (La.  255.) 
Specified  Ages 

Legislature  shall  establish  free  school  system  for  residents 
of  state,  or  all  children  or  pupils  between  six  and  21 
(Ariz.  XI  6;  Ark.  XIV  1;  Colo.  IX  2;  Mont.  XI  7.) 

For  all  children  six  to  21.     (N.C.  IX  2;  S.C.  XI  5.) 

For  all  children  between  six  and  18  and  in  kindergartens 
between  four  and  six.      (La.  248.) 

For  all  children  above  six  years  of  age.      (Pa.  X  1.) 

For  all  children  five  to  18.     (N.J.  VII  6.) 

For  all  children  four  to  20.     (Wis.  X  3.) 

For  all  persons  six  to  20.     (Mo.  XI  1.) 

For  persons  between  five  and  21.      (Miss.  VIII  201;   Nebr. 

VIII  6.) 

For  all  children  seven  to  21.      (Ala.  XIV  256.) 

For  all  children  of  school  age.      (N.M.  XII  1.) 


544  State  Constitutions 


EDUCATION    (Cont'd) 

Common  Schools    (Cont'd) 

Establishment  and  Support    (Cont'd) 

Number  of  Schools  and  Length  of  School  Term 

One  or  more  in  each   school  district  at  least  three  months 

each  year.      (Colo.   IX  2.) 
One  in  each  district  at  least  six  months  a  year  after  first 
year  in  which  a  school  has  been  established.     (Cal.  IX  5.) 
Provision   shall  be  made   for  local   school  taxes  and   public 
schools  be  maintained  for  at  least  five  months  each  year 
in  every  school  district.      (N.M.  XII  4.) 
No  part  of  additional  local  county,  city,  town  or  school  dis- 
trict taxes  for  school  purposes  to  be  devoted  to  establish- 
ment   of   schools   of   higher   grade   until    primary    schools 
are   maintained   for   at   least   four   months   of   the    school 

year.     (Va.  IX  136.) 
One   in   every  school   district  for   at   least   six  months  each 

year.      (Ariz.  XI  6;  Nev.  XI  1.) 

Competent  number  of  schools  ought  to  be  maintained  in  each 

town,  and  one  or  more  grammar  schools,  incorporated  and 

properly    supported    in    each    county    of    the    state,    and 

institutions   of   learning   encouraged.      (Vt.   II    64.) 

Legislature  shall  make  provision  for  thorough  and  efficient 

system  of  in  each  township  of  state.      (Minn.  VIII  3.) 
A   school  in  each  district  for  at  least  four  months  every 

year.      (Miss.  VIII  205.) 

In  every  school  district  for  five  months  of  each  year  with 

loss  of  share  in  school  interest  funds  for  school  districts 

not   complying.      (Mich.   XI   9.) 
Instruction  in  Specified  Subjects 

Instruction  to  be  given  to  inculcate  vital  importance  of  truth- 
fulness, temperance,  purity,  public  spirit  and  respect  for  honest 
labor  of  every  kind.      (N.D.  VIII  149.) 
Metric  system  to  be  taught  in.      (Utah  X  11.) 
Legislature  shall  provide  for  teaching  of  elements  of  agriculture, 
horticulture,     stock     raising     and    domestic     science.       (Okla. 

XIII  7.) 
All  instruction  to  be  given  in  English  language.      (Ariz.  XX  7; 

Mich.  XI  9;  N.M.  XXI  4.) 
To  be  conducted  in  English  but  teaching  of  other  languages  per- 
missible.     (Okla.  I  5.) 
To  be  conducted  in  the  English  language  except  in  parishes  and 
localities  where   French  predominates   that   language   may   be 
taught  if  no  additional  expenses  are  incurred.      (La.  251.) 
Legislature  to  provide  for  training  of  teachers  so  that  they  may 
become  proficient  in  both  English  and  Spanish  languages  to 
qualify  them  to  teach  Spanish-speaking  pupils,  and  shall  pro- 
vide  means    and    methods   to    facilitate    teaching    of    English 
language  and  other  branches  of  learning  to  such  pupils  and 
students.     No   amendment   to   constitution   to   affect  this  pro- 


I.NDKX     Dili  F.ST  545 


EDUCATION    (Cont'd) 

Common  Schools   (Cont'd) 

Instruction  in  Specified  Subjects    (Cont'd) 

vision,  unless  proposed  by  vote  of  three-fourths  of  members 
elected  to  each  house  and  ratified  by  vote  of  people  in  state  in 
election  at  which  at  least  three-fourths  of  electors  voting  in 
whole  state  and  at  least  two-thirds  of  those  voting  in  each 
county    in    state,    shall   vote    for    amendment.      (N.M.    XII    8, 

XIX  1.) 
Management 

Sectarian  control  of  common  schools  prohibited.  (Ariz.  XX  7; 
Mont.  Ord.  I  4;  NJH.  II  82;  N.M.  XXI  4;  N.D.  VIII  147; 
Okla.   I  5;   S.D.  XXVI   18    (4)  ;   Utah  X   1,  Ord  III;   Wis.  X 

3;  Wyo.  Ord  5.) 
Legislature  prohibited  from  passing  any  special,  private  or  local 
act  for  management  of  common  schools.  ( Cal.  IV  25 ;  Colo, 
V  25;  Ida,  III  19;  111.  IV  22;  Ky.  59  (25);  La,  48;  Minn. 
IV  33;  Miss.  IV  90;  Mo.  IV  53  (19)  ;  Nebr.  Ill  15;  N.J.  IV 
Sec.  VII  11;  N.M.  IV  24;  N.D.  II  69  (12)  ;  Okla.  V  46;  Pa. 
HI  7;  S.D.  Ill  23  (10);  Tex.  Ill  56;  Utah  VI  26  (17); 
Wash.  II  2S  (15);  Wyo.  Ill  27.) 
Legislature  authorized  to  pass  laws  for  management  and  control 

of  schools  in  school  districts.  (Tex.  VII  3.) 
Power  to  make  rules  and  regulations  with  force  of  law  vested 
in  state  board  of  education,  legislature  reserving  right  to 
revise,  amend  or  repeal.  (Va.  IX  132.) 
No  religious  test  for  teachers  or  students  in  public  schools  or 
public  educational  institutions  of  the  state.  (Ariz.  XI  7,  XX 
7;   Colo.  IX   8;   Ida.   IX  6;   Mont.   XI  9;   N.M.  XII  9;   Utah 

X  12;  Wyo.  VII  12.) 
Scope  of  System 

See  also  above,  this  subdivision,  Establishment  and  Support 
—  Specified  Ages,  and  below,  this  title,  Special  Schools, 
Colleges  and  Universities. 
Legislature  at  its  first  session  shall  provide  a  uniform  system 
of  free  public  schools  from  the  primary  grades  to  and  includ- 
ing normal  and  collegiate  course.  (N.D.  VIII  148.) 
To   include   common   schools,   high   schools,   normal   schools   and 

technical  schools.      (Wash.  IX  2,  XXVI.) 
Includes  kindergartens,  common   schools  of  primary   and   gram- 
mar grade,  high  schools,  an  agricultural  college,  a  university 
and   such  other  schools  as  legislature  may  establish.      (Utah 

X  2.) 
Legislature  to  establish  uniform  system  of  common  schools  and 
schools  of  higher  grade  embracing  normal,  preparatory,  col- 
legiate and  university  departments.  (Kan.  VI  2.) 
Includes  kindergarten,  common,  high,  normal,  industrial  schools, 
and  a  university  to  include  agricultural  college,  school  of 
mines,   and    technical    schools    until    separately    established    by 

state.      (Ariz.  XI  1.) 

18 


546  State  Constitutions 


EDUCATION    (Cont'd) 

Common  ScnooLs    (Cont'd) 
Scope  of  System  (Cont'd) 

Legislature    may    establish    different    grades    of    schools    from 

primary  to  university.      (Nev.  XI  5.) 
Legislature  shall  establish  and  maintain  complete  and  uniform 

system   of    public   schools   including   free   elementary   schools, 

a    university    with    technical    and    professional    departments, 

and  other  institutions  as  may  be  necessary.      (Wyo.  VII  1.) 
Public  school  system  shall  include  day  and  evening  elementary 

schools  and  such  day  and  evening  secondary  schools,  normal 

and    technical    schools,    as    legislature,    municipal    or    district 

authority  may  establish.      (Cal.  IX  6.) 
Organization,  administration  and  control  of  to  be  prescribed  by 

law.      (Ohio  VI  3.) 
Supervision 

Vested  in   state  board   of   education.      (Colo.  IX   1;    Ida.  IX  2; 

Mo.  XI  4;  N.M.  XII  6;  Okla.  XIII  5;  Utah  X  8;  Va.  IX  130.) 
Supervision   of    and   execution   of    school   laws   to   be   vested    in 

officers  provided  for  by  legislature.      (Ark.  XIV  4.) 
Conduct  and  supervision  of  vested  in  state  board  of  education, 

state    superintendent    of    public    instruction,    county    school 

superintendents  and  governing  boards  of  state  institutions  as 

provided  by  law.      (Ariz.  XI  2.) 
Vested  in  superintendent.      (Ala.  XIV  262;   S.C.  XI    1;   Wash. 

Ill  22;  W.Va.  XII  2;  Wyo.  VII  14.) 
Comptjxsory  School  Attendance 

Exemption  on  Conscientious  Grounds 

No  man   shall  be  compelled  to  send  his  child  to  any  school  to 

which  he  may  be  conscientiously  opposed.      (Ky.  5.) 
General  Provisions  for 

Legislature  may  require  of  every  child  of  sufficient  mental  and 

physical  ability,  for  a  time  equivalent  to  three  years,  between 

the    ages    of    six    and    IS,    unless    educated    by    other    means. 

(Colo.  IX  11;  Ida.  IX  9;  Wyo.  VII  9.) 
Legislature  may  provide  for.  (Nev.  XI  2.) 
Every  child  of  school  age  and  of  sufficient  physical  and  mental 

ability  shall  be  required  to  attend  public  or  other  school  for 

period  prescribed  by  law.      (N.M.  XII  5.) 
Legislature   shall   provide   for   unless   other   means  of  education 

are  provided  for  all  children  in  the  state,  sound  in  mind  and 

body    within    the    ages    of    eight    and    16    for    at    least    three 

months  of  each  year.      (Okla.  XIII  4.) 
Legislature    may    provide    for    between    ages    of    eight    and    12 

except  children  weak   in  body  or  mind,   or  who  can   read   or 

write,    or    excused    for    cause    by    district    school    trustees    or 

attending  private  schools.      (Va.  IX  138.) 
Legislature  may   enact  that   every   child   of   sound   mental   and 

physical     ability    between    the    ages    of    six    and     IS    must 

attend    school    not    less    than     16    months    unless    educated 

by  other  means.      (N.C.  IX  15.) 


Index  Digest  547 


EDUCATION    (Cont'd) 

Compulsory  School  Attendance  (Cont'd) 

General  Provisions  for   (Cont'd) 

May  make  attendance  compulsory  for  every  child  not  physically 

or  mentally  disabled,  unless  educated  by  other  means.      ( Del. 

X  1.) 
Educational  Institutions 

For  exemption  of  property  of  from  taxation,  See  Taxation — Exemp- 
tions. 
For  grants  of  state  property  to  institutions  generally  and  hence  to 
educational  institutions,  See  "Public  Property  —  Grants"  and 
"  Public  Property — Grants  for  Religious  Purpose  ". 
Establishment  and  Support 

None  to  be  established  other  than  those  now  existing,  except  by 
vote  of  two-thirds  of  members  elected  to  each  house  of  legis- 
lature.     (La.   GO.) 
State   may   not    engage    in    agriculture,   except    for    educational 
purposes  and  for  support  of  educational  institutions.      (Okla. 

II  31.) 

Academies  to  share  in  residue  of  income  from  permanent  fund, 

for    support,    libraries    and    apparatus,    after    common    school 

needs  supplied.      (Wis.  X  2.) 
Incorporation 

See  also  oeloio,  this  title,  Special  Schools,  Colleges  and  Uni- 
versities. 

Legislature  shall  provide  by  general  law  for,  but  not  pass  any 
special  law  for  except  as  to  a  university  or  the  public  schools. 

(Fla.  Ill  25.) 

Legislature  prohibited  from  passing  local  or  special  laws  to  in- 
corporate, not  under  control  of  state,  or  amend  or  extend 
charters  of.  Prohibition  does  not  apply  to  educational  cor- 
porations where  terms  of  gift  or  will  require  special  incor- 
poration. Legislature  shall  provide  by  general  laws  for  chang- 
ing or  amending  existing  charters,  and  for  organization  of 
new  corporations,  and  such  law  and  all  charters  are  subject 
to  repeal  or  alteration.  Legislature  may  by  two-thirds  vote 
of  each  house  on  concurrent  resolution  allow  bill  for  special 
charter  to  be  introduced  and  passed  as  other  bills.      (S.C.  Ill 

34,  IX  2.) 

Legislature  prohibited  from  passing  special  act  conferring  cor- 
porate powers  except  for  charitable,  educational  and  reform- 
atory purposes  where  corporations  remain  under  patronage 
and  control  of  state.      (Ark.  XII  2.) 

Educational  corporations  exempt  from  requirement  to  maintain 
office  or  place  of  business  in  state.      (Cal.  XII  14.) 

Prohibition  of  creation  or  change  of  charter  by  special  law  not 
to  apply  to  educational  corporations  which  are  to  be  and  re- 
main under  patronage  and  control  of  the  state.      (111.   XI   1; 

Xebr.  XIB  1.) 

Prohibition  of  special  legislation  for  creation  of  corporation  or 
amendment  of  charters  not  to  apply  to  educational  corpora- 
tions, sustained  in  whole  or  in  part  by  the  state.     (Del.  IX  1.) 


548  State  Constitutions 


EDUCATION    (Cont'd) 

Educational  Institutions   (Cont'd) 
Management 

Sustained  wholly  or  in  part  by  state  to  be  under  control  of  board 
of  five  trustees,  with  power  in  legislature  to  increase  to  nine, 
appointed  by  governor,  confirmed  by  senate,  under  rules  and 
restrictions  provided  by  legislature.  (S.D.  XIV  3.) 
Legislature  may  provide  that  members  of  board  of  regents  of 
State  University  and  boards  of  trustees  or  managers  of  edu- 
cational institutions  may  hold  their  respective  offices  for  six 
years,  one-third  elected  or  appointed  every  two  years,  vacancies 
to  be  filled  as  provided  by  law.  (Tex.  XVI  30a.) 
Board  of  visitors  or  trustees  to  be  appointed  as  provided  by  law 
for  term  of  four  years  provided  at  first  appointment  at  least 
one-half    of    board    shall   be    appointed   for    two   years.      (Va. 

IX  142.) 
Regents  and  trustees  of  to  be  appointed  by  governor  with  advice 

and  consent  of  senate.      (Wash.  XIII   1.) 
Colleges,  universities  and  other  educational  institutions  for  sup- 
port  of   which    lands   have   been   granted   to   the   state,   or    if 
supported    by    public   tax,    shall    be    under    absolute   exclusive 
control   of   state.      (X.D.  VIII   152.) 
Student's  Residence  for  Voting,  See  Elections  —  Qualifications  and 

Disqualifications   of   Electors. 
Supervision 

See  also  above,  this  title,  Common  Schools  —  Supervision. 
Supervision    of    state    educational    institutions    vested    in    state 
board  of   education.      (Ida.   IX  2.) 
Funds 

Under  this  subhead  are  digested  provisions  relating  to  educational 
funds  generally  and  to  school  funds.  For  university  funds,  See 
below,  this  title,  State  University.  For  school  district  funds, 
See  below,  this  title,  School  Districts. 
For  provisions  relating  to  school  taxes  supplementing  school  funds, 
See  "  Taxation  —  School  Taxes  ",  "  Taxation  —  Objects  and 
Kinds  of  Taxation  —  Poll  Taxes  ". 

In  General 
Purpose 

Principal  from  sale  of  lands  or  other  property  given  the 
state  for  educational  purposes  to  be  preserved  inviolate 
and  undiminished  and  income  to  be  faithfully  applied  to 
those  purposes.      (Ala.  XIV  257;  Ohio  VI  1.) 

Money   or   property  belonging  to,  or   to   state   for  benefit  of 
schools  or  universities  not  to  be  used  for  any  other  pur- 
pose.     (Ark.  XIV  2.) 

All  lands,  moneys  or  property  received  for  school,  college  or 
university  purposes  and  the  proceeds  thereof,  to  be  faith- 
fully applied  to  those  objects.      (111.  VIII   2.) 

All  donations  for  support  of  public  schools  or  for  other 
purposes  of  education,  received  by  general  assembly  to  be 
applied  according  to  terms  of  gift.      (R.I.  XII   3.) 


Index  Digest  549 


EDUCATION    [Cont'd) 
Funds    (Cont'd) 

In   General    (Cont'd) 
Purpose   (Cont'd) 

Funds  of  state  for  educational  purposes,  income  only  of 
which  to  be  used,  deemed  trust  funds,  to  remain  inviolate 
and  undiminished;  pledged  to  purposes  for  which  granted 
and  set  apart,  not  to  be  transferred  to  any  fund  for  other 

uses.      (Nebr.  VIII  9.) 

Lands,  money  or  other  property  donated  or  received  from 
United  States  or  other  sources  for  university,  agricultural 
college,  normal  school  or  other  educational  institution  or 
purpose,  and  the  proceeds  thereof  to  remain  perpetual 
funds;  interest  and  income  together  with  rents  of  lands 
as  may  remain  unsold,  to  be  inviolably  appropriated  for 
objects  specified;  principal  of  such  funds  may  be  increased 
but  never  diminished;    to  be  deemed  trust  funds.      (N.D. 

IX   159;    S.D.   VIII  7.) 

Capital  of  school  fund  together  with  capital  of  the  literature 
fund   and    capital    of   United    States   deposit   fund    to   be 
preserved  inviolate.      (N.Y.   IX   3.) 
Investment 

All  educational  funds  of  state  of  which  income  only  to  be 
used,  only  to  be  invested  or  loaned  on  United  States  or 
state  securities,  or  registered  county  or  school  district 
bonds  of  state  and  such  other  securities  as  legislature 
may  from  time  to  time  direct.     (Nebr.  VIII  9.) 

Moneys  of  the  permanent  school  fund  and  other  educational 
funds  to  be  invested  only  in  bonds  of  school  corporations 
within  state;  United  States  bonds  or  bonds  of  North 
Dakota  or  any  first  mortgages  on  farm  lands  in  the  state 
not  to  exceed  one-third  of  actual  value;  permanent  school 
and  other  educational  funds  to  be  invested  only  in  bonds 
of  school  corporations  —  counties,  townships,  municipal- 
ities within  state,  of  United  States,  of  state  or  other 
states,  which  have  never  repudiated  debt,  or  first  mortgage 
on  farm  lands  in  state,  not  exceeding  one-third  of  value 
as    determined    by    board    of    appraisal    of    school    lands. 

(N.D.  IX   162,  Amend.  XIII.) 

Moneys  of  permanent  school  fund  and  of  other  educational 
funds  to  be  invested  only  in  first  mortgages  on  good 
improved  farm  lands  within  state,  or  in  bonds  of  school 
corporations  in  state,  or  bonds  of  United  States,  or  of 
state,  or  of  any  organized  county,  township  or  incorpo- 
rated city  in  state,  in  manner  to  be  prescribed  by  legis- 
lature. Moneys  designated  for  investment  in  farm  mort- 
gages or  in  bonds  of  school  corporations,  organized 
counties,  townships  or  incorporated  cities,  to  be  divided 
among  organized  counties  of  state  in  proportion  to 
population  as  nearly  as  provisions  of  law  to  secure  con- 
tinuous  investment  may  permit.     Counties  to   hold   and 


550  State  Constitutions 


EDUCATION    (Cont'd) 
Funds    (Cont'd) 

In  General    (Cont'd) 

Investment    (Cont'd) 

manage  as  trust  funds,  to  remain  accountable  for 
principal  and  interest  and  to  make  good  any  loss;  to 
invest  in  bonds  of  school  corporations,  counties,  town- 
ships or  cities,  or  in  first  mortgages  on  good  improved 
farm  lands  within  their  respective  limits.  Amount  of 
each  loan  not  to  exceed  one-third  actual  value  of  lands 
to  be  determined  by  board  of  county  commissioners. 
Amount  of  loan  to  any  one  person,  firm  or  corporation 
not  to  exceed  $5,000  and  rate  of  interest  not  to  be  less 
than  5  per  cent.  Any  county  having  $1,000  which  it  can- 
not loan  may  return  same  to  state  treasury  to  be  in- 
trusted to  some  other  county.  Each  county  to  render  an 
account  to  state  auditor  semi-annually,  and  semi-annually 
pay  to  state  treasurer  all  interest  due.  Legislature  may 
provide  that  interest  collected  in  excess  of  5  per  cent,  by 
counties  may  be  retained  by  them  in  amount  not  to  exceed 
1  per  cent,  per  annum.  Legislature  shall  provide  by  law 
for  safe  investment  of  permanent  school  and  educational 
funds,  prompt  payment  of  interest.  The  governor  may 
disapprove  investment  of  proceeds  of  school  lands,  except 
where  intrusted  to  counties.  (S.D.  VIII  11,  12.) 
Counties  of  state  shall  invest  moneys  of  permanent  school 
and  endowment  funds  in  bonds  of  school  corporation, 
state,,  county  and  municipal  bonds  or  in  first  mortgages 
on  good  improved  farm  lands  within  their  respective 
limits,  under  regulations  prescribed  by  legislature,  but 
no  farm  loan  in  excess  of  $1,000  to  be  made  to  any  one 
person,  firm  or  corporation.      (S.D.   XXVIII   1.) 

State  Guarantee 

Guaranteed  by  state  against  loss.      (Nebr.  VIII  9;  N.D.  IX 

159;  S.D.  VIII  7.) 
All  losses  occasioned  by  defalcation,  negligence,  mismanage- 
ment or  fraud  of  officers  managing,  to  be  audited  by  state 
authorities,  and  amount  so  audited  to  be  a  permanent 
funded  debt  against  the  state  in  favor  of  fund  sustaining 
loss,  upon  which  6  per  cent,  annual  interest  shall  be 
paid,  and  amount  of  such  indebtedness  not  to  be  counted 
as  part  of  indebtedness  mentioned  in  constitution.      (S.D. 

VIII   13;   Wash.  IX  5.) 
School  Funds  in  General 

Legislature  not  to  pass  special  or  local  laws  for  preservation  of 

school  funds.      (Ind.  IV  22;  Ore.  IV  23.) 
To  be  kept  inviolate  and  used  only  for  purposes  of  education. 

(Md.  VIII  3.) 


Index  Digest  551 


EDUCATION    (Cont'd) 
Funds    (Cont'd) 

School  Funds  in  General    (Cont'd) 

All  fines,  penalties  and  forfeitures  due  or  to  become  due  or 
accruing  to  the  school  fund  shall  inure  to  school  fund  in  man- 
ner prescribed  by  law.      (Iowa  XII  4.) 

Permanent  educational  funds  other  than  those  arising  from  dis- 
position of  university  lands  shall  be  loaned  on  first  mortgages 
on  improved  farm  lands  within  the  state,  on  state,  United 
States,  or  school  district  bonds  under  regulations  prescribed 
by  legislature.  No  loan  to  exceed  one-third  of  market  value 
of  lands  exclusive  of  buildings.      (Ida.  IX  11.) 

Proceeds  of  all  lands  granted  by  United  States  to  this  state, 
not  otherwise  appropriated,  all  property  now  belonging  to 
any  state  fund  for  purpose  of  education,  net  proceeds  of  sale 
of  swamp  land,  all  other  gifts  not  otherwise  appropriated  by 
terms  of  grant  or  by  state,  to  be  paid  into  treasury,  and, 
together  with  ordinary  revenue  of  state  set  apart  for  that 
purpose  to  be  faithfully  appropriated  for  establishing  and 
maintaining  system  of  free  public  schools,  and  no  other  use. 

(N.C.   IX  4.) 

Poll  tax,  any  educational  fund  now  belonging  to  state,  except 
endowment  of  and  debt  due  University  of  Georgia,  a  special 
tax  on  shows  and  exhibitions,  and  on  sale  of  spirituous  and 
malt  liquors  which  legislature  is  authorized  to  assess,  pro- 
ceeds of  commutation  tax  for  military  service,  all  taxes  on 
'  domestic  animals  destructive  to  property  are  set  apart  and 
devoted  to  support  of  common  schools,  and  other  schools  of 
state,  "  as  to  pupils  taught  in  elementary  branches  of  English 

education".     (Ga.  VIII  3.) 

General  supervision  of  vested  in  state  superintendent  of  schools. 

(Kan.  VI  1.) 

Financial  agents  of  same  as  by  law  receive  and  control  state 
and  county  revenues  for  other  civil  purposes.     (Iowa  IX  Pt. 

II  6.) 

Legislature  to  provide  for  safe-keeping,  transfer  and  disburse- 
ments of  state  school  funds,  requiring  bonds  of  officers.  Any 
conversion  to  personal  use,  loan  or  deposit  except  in  name  of 
state,  or  use  except  as  prescribed  by  law,  of  state  funds  to 
constitute  an  embezzlement  and  to  be  a  felony.     (N.D.  IX  165.) 

Legislature  shall  provide  by  law  for  safe-keeping,  transfer  and 
disbursement  of,  and  for  duties  of  officers  charged  with  receipt 
and  payment  of,  and  for  punishment  of  embezzlement  of  as  a 
felony  disqualifying  guilty  party  from  ever  holding  office  in 
state,  provided  legislature  may  remove  disability  by  two- 
thirds  vote  upon  payment  in  full  of  principal  and  interest 
of  sum  embezzled.     (S.C.  X  12.) 


552  State  Constitutions 


EDUCATION    (Cont'd) 
Funds    (Cont'd) 

School  Funds  in  General    (Cont'd) 

Legislature  shall  pass  laws  for  the  safe-keeping,  transfer  and 
.  disbursement  of  school  funds,  and  officers  required  to  give 
ample  security  for  same.  Any  embezzlement  of  school  funds 
shall  be  a  felony,  and  any  failure  to  pay  over,  produce  or 
account  for  state  school  funds  on  the  part  of  officers  entrusted 
with  same  is  prima  facie  evidence  of  embezzlement.      (Minn. 

IX  12.) 
Permanent  School  Fund 
Sources 

Twenty-five  thousand   dollars   of   revenue   of   United   States 
deposit  to  be  appropriated  each  year   and   made  part  of 
capital  of  common  school  fund.      (N.Y.  IX  3.) 
Proceeds  of  lands  granted  by  United  States  for  educational 

purposes.      (Colo.  IX  5;  Mo.  XI  6.) 
Same;  except  for  university.      (Ore.  VIII  2;  Wis.  X  2.) 
Proceeds    of    lands    granted    by    United    States    for    public 
schools.      (Ariz.  XI  S;  Cal.  IX  4;  Fla.  XII  4;  Ida.  IX  4 
Ind.  VIII  2;  Iowa  IX  Pt,  II  2;  Kan.  VI  3;  Mich.  XI  11 
Minn.  VIII   2;   Mont.   XI   2;   Nebr.  VIII   2;   Nev.   XI   3 
N.M.  XII  2;  N.D.  IX  153;  Okla.  XI  2;  S.D.  VIII  2;  Utah 

X  3;   Va.  IX  134;  Wyo.  VII  2.) 

Five   hundred    thousand    acre   congressional    land    grant    of 
1841.      (Cal.  IX  4;   Iowa  IX  Pt.  II  2;   Kan.  VI  3;   Nev. 

XI  3;  Ore.  VIII  2;  Wis.  X  2.) 

Percentages  of  sale  of  lands  in  state  granted  by  Congress. 

(Cal.  IX  4;  Iowa  IX  Pt.  II  2;  Kan.  VI  3;  Nebr.  VIII  3; 

Nev.  XI  3;  N.D.  IX   153;   Okla.  XI  2;  Ore.  VIII  2;   S.D. 

VIII  2;  Utah  X  3;  Wash.  IX  3;  Wis.  X  2;  Wyo.  VII  2.) 

Swamp  land  fund.      (Tnd.  VIII  2;   Minn.  VIII  2.) 

Money  from  sale  of  certain  lands  granted  by  United  States 

in  excess  of  amounts  required  for  purposes  specified  to  be 

paid  into  permanent  school  fund.      (N.M.  IX  4.) 

Proceeds    of   grants    of    land,    object   not,  specified.      (Nefcr. 

VIII  3;  N.M.  XII  2;  Wis.  X  2;  Wyo.  VII  2.) 
Sales  of  timber,  mineral  or  other  property  from  school  and 
state  lands  not  granted  for  specific  purposes.     (Utah  X  3; 

Wash.  IX  3.) 
Damages  recovered  from  trespassers  on  school  or  state  lands. 

(Wash.  IX  3.) 
Money  from  distribution  of  direct  tax  under  act  of  Decem- 
ber 24,   1891.      (Ky.   188;   S.C.  XI   11.) 
Twenty-five  per  cent,  of  sales  of  public  lands  owned  by  state. 

(Fla.  XII  4.) 
All  funds,  lands  and  property  heretofore  set  apart  for  pub- 
lic  schools,    all    alternate   sections   of    lands    reserved   by 
state  in  grants  to  railroads,  etc.,  one-half  of  public  domain 
and  all  sums  from  sale  of  same  shall  constitute.      (Tex. 

VII  2,  5.) 


I.mik.v  Digest  553 


EDUCATION    (Cont'd) 
Funds   {Cont'd) 

Permanent   School   Fund    (Con I'd) 
Sources    (Cont'd) 

All  other  gifts  and  bequests  for  educational  purposes.      (Ala. 
XIV  25S;   Ariz.  XI  8;   Colo.  IX  5;   Ida.  IX  4;   Mich.  XI 
11;  Mo.  XI  6;  Nev.  XI  3;  W.Va.  XII  4.) 
Gifts  for  public  schools.      (N.D.  IX  153;   Okla.  XI  2;   Ore. 

VIII  2;  S.D.  VIII  2;  Wash.  IX  3.) 
Property  otherwise  acquired  for  common  schools.      (N.D.  IX 

153;  S.D.  VIII  2.) 

Gifts   to.  state,    purpose   not   specified.      (Fla.   XII   4;    Ind. 

VIII  2;  Mo.  XI  6;  N.M.  XII  2;  N.D.  IX  153;   Ore.  VIII 

2;   S.C.  XI  11;  S.D.  VIII  2;  Wash.  IX  3;  W.Va.  XII  4; 

Wyo.  VII  3.) 
Unclaimed    shares    and    dividends    of    corporations.      (Ariz. 

XI  8;   Ida.  IX  4;   Mo.  XI  5;  Mont.  XI  2;  Nebr.  VIII  3; 

Utah  X  3;  Wyo.  VII  2.) 
Escheated  estates.      (Ala.  XIV  258;  Ariz.  XI  8;  Cal.  IX  4; 

Colo.  IX  5;  Fla.  XII  4;  Ida.  IX  4;  Ind.  VIII  2;  Iowa  IX 

Pt.  II  2;  Kan.  VI  3;  Md.  VIII  2;  Mo.  XI  2;  Mont.  XI  2; 

Nebr.  VIII  3;  Nev.  XI  3;  N.D.  IX  153;  Okla.  XI  2;  Ore. 

VIII  2;  S.C.  XI  11;   S.D.  VIII  2;   Utah  X  3;  Va.  IX  134; 

Wash.  IX  3;  W.Va.  XII  4;  Wis.  X  2;  Wyo.  VII  2.) 
Unclaimed  distributive  shares  of  estates.      (Wyo.  VII  2.) 
Net  assets  of  estates  or  copartnerships  in  hands  of  courts, 

where    no    claimants     from     last     70    years.        (S.C.     XI 

11.) 

Payment  for  exemption  from  military  duty.  (Ore.  VIII  2; 
W.Va.  XII  4;   Wis.  X  2.) 

Fines.      (Ind.  VIII  2;   Nev.  XI  3;  Va.  IX  143-;   Wis.  X  2.) 

Forfeitures.  (Ind.  VIII  2;  Nebr.  VIII  3;  Va.  IX  134; 
Wash.   IX  3;   W.Va.  XII  4;   Wis.  X  2.) 

Waste,    and    unappropriated    lands.       (Va.    IX    134;    W.Va. 

XII  4.) 

Funds  accumulated  in  treasury  with  no  provision  for  dis- 
bursement.     (Wash.   IX  3.) 

Surplus  revenue  fund,  saline  fund  and  lands  belonging 
thereto,  bank  tax  fund,  certain  state  bank  fund,  fund 
from  sale  of   county   seminaries   and   funds  and   property 

thereof.      (Ind.  VIII  2.) 

Appropriation  by  state.      (Ala.  XIV  258;   Fla.   XII  4;   R.I. 

XII  2;    S.C.    XI    11;    Va.   IX    134;    Wash.   IX   3;    W.Va. 

XII  4.) 
All    funds   now   belonging   to    common    school    fund.      ( Nebr. 

VIII  3;   Wyo.  VII  2.) 

Funds  for  support  of  free  schools  and  all  money,  stock  and 

other    property    hereafter    appropriated    for    that    purpose 

ox  received  into  treasury  under  any  law  passed  to  augment 

fund.    (N.J.  IV  Sec.  VII  6.) 


554  State  Constitutions 


EDUCATION    (Cont'd) 
Funds    (Cont'd) 

Permanent  School  Fund    (Cont'd) 
Sources    (Cont'd) 

State  bond  for  $1,327,000  favor  of  state  board  of  education. 

Stock  of  bank  of  Kentucky.      (Ky.   184.) 
State   bonds,   refunding   warrants   held   by    school   fund,   in 
amount  equal  to  principal  of  such  warrants,  to  be  regis- 
tered by  state  auditor  and  state  treasurer  in  name  and 
for  benefit   of   and  payable   only  to   fund   and   not   to  be 

transferable.      (Colo.  XI  3.) 
Any    portion    of    interest   or    income   of    "  perpetual    school 
fund  "  not  expended  during   any  year  shall  be  added  to 
and  become  a  part  of  said  fund.      (Wyo.  XVIII  6.) 
Taxes  on  property  of  corporations  assessed  for  school  pur- 
poses.     (Ind.  VIII  2.) 
Conditions 

All  states  provide  that  income  is  to  he  used  for  support  of 

common  or  public  scliools. 
To  remain  inviolate.      (Colo.  IX  3;   Fla.  XII  5;   Ida.  IX  3; 
Kan.  IV  3;  Mich.  XI  11;  Mo.  XI  6;  Mont.  XI  3;  Nebr. 
VIII  3;  N.D.  IX  153;  Ore.  VIII  2;  S.D.  VIII  2.) 
May  be  increased  but  not  diminished.      (Ind.  VIII  3.) 
To   be   deemed   trust   funds   to   be   kept   inviolate    and   un- 
diminished.     (Wyo.  VII  6.) 
To    be    trust    fund,    principal    may    be    increased    but    not 

diminished.      (N.D.   IX   153;   S.D.  VIII  2.) 
To  be  trust  fund,  may  be  increased  but  never  diminished; 

no  portion  to  be  diverted  to  other  use.      (Okla.  XI  2.) 
Not  to  be  used  for  other  than  school  purposes.      (Fla.  XII 

13.) 
No  part  to  be  transferred  or  used  for  other  purpose.      (Colo. 

IX  3.) 
Legislature   not   to   borrow   or   use   for   any   other   purpose. 

(Conn.   VIII   2;   N.J.   IV  Sec.  VII   6.) 
Pledged  for  educational  purposes,  not  to  be  diverted  to  any 

other  fund.      (Nev.  XI   3.) 
Not  to  be  diminished;   no  part  to  be  diverted  to  any  other 

use   (than  support  of  schools).      (Tenn.  XI  12.) 
No  money  or  property  belonging  to  the  public  school  fund, 
or  to  this  state  for  the  benefit  of  schools  ever  to  be  used 
for  other  purpose.      (Ark.  XIV  2.) 
Legislature  not  to  divert  or  borrow,  appropriate  or  use  for 
other  purpose  than  support  of  public  schools.      (R.I.  XII 

2,  4.) 
Management 

Legislature    has    control    and    management    of    educational 

and  school  fund.      (Iowa  IX  Pt,  II  1.) 
Legislature  to  invest  funds  when  not  previously  entrusted 

to   counties.      (Ind.   VIII   4.) 


Ls?dex  Digest  555 


EDUCATION    (Cont'd) 
Funds   (Cont'd) 

Permanent  School  Fund    (Cont'd) 
Management    (Cont'd) 

Comptroller  to  invest.      (Tex.  VII  4.) 

State  treasurer  to  be  custodian  of  fund.      (Colo.  IX  3;   Ida. 

IX    3.) 

Management  and  investment  of  school  funds  vested  in  state 

board  of  education.      (Fla.   XII  3;   Miss.  VIII   203;   Va. 

■IX  132.) 
Board  of  school  fund  to  consist  of  governor,  superintendent 
of  free  schools,  auditor  and  treasurer  to  manage  under 
regulations  prescribed  by  law.  ( W.Va.  XII  4. ) 
Govertior,  secretary  of  state  and  state  treasurer,  board  of 
commissioners  to  invest  funds  from  sale  of  school  and 
university  lands;   powers  and  duties  to  be  prescribed  by 

law.      (Ore.  VIII  5.) 
Superintendent    of    public    instruction,    governor,    attorney- 
general,   secretary  of   state   and   state   auditor   constitute 
board   of   university   and   school   lands;    to   direct  invest- 
ment of  funds  arising  from  sale  of  lands.     (N.D.  IX  156.) 
State  superintendent  of  public  instruction,  secretary  of  state 
and    attorney-general    constitute   board   of   commissioners 
for  management   and  investment  of   school  funds.     Any 
two  a  quorum.     (Kan.  VI  9.) 
Secretary  of  state,  treasurer  and  attorney-general  constitute 
board  of  commissioners  for  investment  of  funds  arising 
from   sale   of   school   and   university   lands.     Any  two   a 

quorum.      (Wis.   X   7.) 
Valuation 

Value  and  amount  of  free  school  fund  to  be  ascertained  and 

published.     (Conn.  VIII  2.) 
Investment 

To   be   securely   invested.      (N.J.   VII   6;    R.I.   XII   2;    S.C. 

XI   11.) 
To  be  securely  and  profitably  invested.     (Colo.  IX  3.) 
Fund    to    be    securely    and    profitably    invested    as   by    law 

directed.     (Ida.  IX  3.) 

To  be  invested  as  legislature  shall  provide.     (Wis.  X  7.) 

To  be  invested  in  public  securities  in  state.     (Mont.  XI  3.) 

Proceeds  of  sale  of  school  lands  to  be  invested  in  United 

States  bonds   or  bonds   of  state  of  Texas  or  counties  of 

such   state  under   restrictions  prescribed  by  law.     (Tex. 

VII  4.) 
To  be  securely  invested;  no  part  to  be  invested  in  stocks 
or  bonds  of  any  other  state  or  of  any  county,  city,  town 
or  corporation.  Proceeds  of  sales  of  lands  belonging  to 
fund  to  be  invested  in  bonds  of  the  state  of  Missouri  or 
of  the  United  States.     (Mo.  XI  6,  9.) 


556  State  Constitutions 


EDUCATION    (Cont'd) 
Funds    (Cont'd) 

Permanent   School  Fund    (Cont'd) 
Investment    (Cont'd) 

To  be  invested  and  loaned  only  on  bonds  issued  by 
school  districts,  registered  county  bonds  of  state,  or  state 
securities  of  this  state  or  United  States.      (Wyo.  VII  6.) 

In  interest-bearing  securities  of  United  States,  of  this  state, 
or  if  not  obtainable,  in  interest-bearing  securities  ap- 
proved by  board  of  school  fund  consisting  of  governor, 
superintendent    of    free    schools,    auditor    and    treasurer. 

(W.Va.  XII  4.) 

May  not  be  loaned  to  private  persons  or  corporations  but 
may  be  invested  in  national,  state"  county  or  municipal 
or  school  district  bonds.      (Wash.  XVI  5.) 

In  bonds  of  state  or  territory  of  New  Mexico,  or  of  any 
county,  city,  town,  board  of  education,  or  school  district 
therein,  though  legislature  may  by  three-fourths  vote  of 
membership  of  both  houses  provide  for  investment  in 
other  interest-bearing  securities.  All  bonds  or  other 
securities  for  investment  of  any  portion  of,  must  be 
approved  by  governor,  attorney-general   and  secretary  of 

state.     (N.M.  XII  7.) 

Not  to  be  loaned  to  private  persons  or  corporations  but 
may  be  invested  in  national,  state,  county,  municipal  or 
school  district  bonds.     (Wash.  XVI  5.) 

Permanent  school  funds  may  be  loaned  at  5  per  cent,  in- 
terest to  counties  or  school  districts  for  erection  of  school 
buildings  upon  approval  by  board  consisting  of  governor, 
state  auditor,  state  treasurer,  provided  loan  does  not 
exceed  3  per  cent,  of  the  assessed  valuation  of  the  real 
estate  of  the  school  district,  and  provided  the  necessary 
tax  is  levied  to  meet  the  accruing  interest  or  principal. 
May  be  invested  in  bonds  of  any  county,  school  district, 
city,  town  or  village  of  the  state  when  approved  by 
board  of  commissioners  and  provided  indebtedness  so 
incurred  does  not  exceed  15  per  cent,  of  assessed  valua- 
tion, interest  rate  not  less  than  3  per  cent,  and  loan  is 
made  for  term  not  less  than  five  nor  more  than  20  years. 

(Minn.  VIII  2,  5,  G.) 

Legislature  shall  provide  for  sale  of  floating  land  warrants 
to  cover  lands  belonging  to,  and  for  investment  of  pro- 
ceeds in  United  States  bonds,  state  bonds  of  Nevada  or 
other  states,  or  county  bonds  in  Nevada.  Only  interest 
of   proceeds   to   be   used   and   surplus   of   to  be   added   to 

principal.      (Nev.  XI  3.) 

In  first  mortgages  on  farm  lands  in  the  state.  Not  more 
than  50  per  cent,  of  the  reasonable  valuation  of  said 
lands  without  improvements  to  be  loaned,  also  in  Okla- 
homa  state  bonds,   county  bonds,   school  district   bonds, 


Index  Digest  557 


EDUCATION    (Cont'd) 
Funds    (Cont'd) 

Permanent  School  Fund    (Cont'd) 
Investment    (Cont'd) 

and    United    States    bonds,    preference    in    order    named. 
Legislature    to    provide    rules    and    regulations    for    said 

investments.  (Okla.  XI  6.) 
Rate  of  interest  on  "  Chickasaw  School  Fund  "  and  other 
trust  funds  for  educational  purposes  to  be  6  per  cent. 
from  and  after  close  fiscal  year  1891  as  long  as  state 
holds  these  funds;  interest  to  be  paid  semi-annually  May 
and  November.  (Miss.  VIII  212.) 
Debt  due  by  state  to  the  free  school  fund  fixed  by  constitu- 
tion of  1S79  and  1898  at  $1,130,867.51  being  proceeds 
of  the  sales  of  lands  granted  by  the  United  States  for 
school  purposes  shall  remain  a  perpetual  loan  to  the  state 
upon  which  the  state  shall  pay  to  the  several  townships 
entitled  to  the  same  annual  interest  at  the  rate  of  4  per 

cent.      (La.  258.) 

Legislature   shall   make   provision   for   payment   of   interest 

on    school    fund,    may   sell    stock   of   Kentucky   bank   but 

proceeds  to   be   invested   by   sinking   fund   commissioners. 

(Ky.  185.) 
State  Guarantee 

Guaranteed  by  state  against  loss.      (Colo.  IX  3;  Ida.  IX  3; 
Mont.  XI  3;  N.M.  XII  7;  N.D.  IX  153;  Okla.  XI  2;  S.D. 
VIII  2;   Utah  X  7;   Wyo.  VII  6.) 
State  to  be  responsible  for  investment  of  school  fund.     (Tex. 

VII  4.) 
All  losses  to  the  permanent  school  fund  occasioned  by 
defalcations,  mismanagement  or  otherwise,  when  prop- 
erly audited  to  be  a  permanent  funded  debt  to  the  credit 
of  the  respective  fund,  to  bear  interest  at  6  per  cent, 
amount  of  such  liability  not  included  in  limit  of  indebted- 
ness prescribed  in  article  VII,  section  2.      (Iowa  VII  3.) 

Current  School  Fund 

Sources  and  Purposes 

Income  from  permanent  school  fund  with  other  funds  pro- 
vided by  law.      (Ariz.  XI  S;  Utah  X  3;  Wyo.  VII  7.) 
Out    of    general    tax    and    state    revenues    to    be    set    apart 
moneys    for   support    of    public    school    system    and    state 

university.  (Cal.  XIII  14e.) 
Interest  of  perpetual  school  fund,  rents  of  unsold  lands, 
and  such  other  means  as  legislature  may  provide,  to  be 
inviolably  appropriated  for  support  of  common  schools. 
Entire  revenue  from  state  school  fund  and  general  state 
school  tax  to  be  applied  exclusively  to  support  of  day 
and  evening  elementary  schools.  Legislature  may  author- 
ize special  state  school  tax  for  support  of  day  and  even- 


558  State  Constitutions 


EDUCATION    (Cont'd) 
Funds    (Cont'd) 

Current  School  Fund   (Cont'd) 

Sources  and  Purposes    (Cont'd) 

ing  secondary  and  technical  schools  included  in  public 
school  system,  provided  proceeds  of  special  tax  are  ap- 
plied  exclusively   to   support   of   schools   for   which   it   is 

levied.     (Cal.  IX  4,  6.) 

Interest  of  permanent  fund  to  be  expended  in  maintenance 
of  schools.  Certain  state  bonds,  funding  warrants  held 
by  permanent  fund,  ecpial  to  interest  due  thereon,  to  be 
sold  by  state  treasurer  at  not  less  than  par  and  accrued 
interest,    and    proceeds    to    be    paid    into    current    school 

fund.      (Colo.   IX   3,  XI  3.) 

Legislature  to  appropriate  annually  not  less  than  $100,000 
to  be  added  to  income  from  investment  of  public  school 
fund,  to  be  used  exclusively  for  teachers'  salaries  and  free 
text-books.  All  other  expenses  connected  with  main- 
tenance  of  schools   to   be  defrayed   as   provided   by   law. 

(Del.  X  2,  4.) 

Interest  of  permanent  school  fund  to  be  exclusively  applied 
to  support  of  free  public  schools.  Proceeds  of  school  dis- 
trict tax  not  over  3  mills  on  dollar  authorized  by  legis- 
lature and  approved  by  majority  of  taxpaying  voters  of 
district  may  be  used  for  building  and  repairing  school- 
houses,  purchase  of  school  libraries  and  text-books,  salaries 
of  teachers  or  for  other  educational  purposes,  so  that  dis- 
tribution among  all  the   schools  of  district  be   equitable. 

(Fla.  XII  4,  7,  11.) 

Interest  of  permanent  fund  only  to  be  expended  in  main- 
tenance of  schools.      (Ida.  IX  3.) 

Interest  of  perpetual  funds,  rents  of  lands  belonging  thereto, 
together  with  such  other  means  as  legislature  may  pro- 
vide to  be  inviolably  appropriated  for  support  of  common 

schools.      (Kan.  VI  3.) 

Interest  and  dividends  of  permanent  fund,  together  with 
any  sum  produced  by  taxation  or  otherwise  for  purposes 
of  common  school  education,  to  be  used  for  common 
schools   and   no  other   purposes.      (Ky.    184.) 

Proceeds  of  school  taxes,  interest  on  proceeds  of  aud  revenue 
from  unsold  public  lands  granted  by  United  States  for 
schools,  "  of  lands  and  other  property  given  to  state  for 
school  purposes  ",  "  all  property,  except  unimproved  lands 
given  to  state  not  designated  for  any  other  purpose ", 
proceeds  of  vacant  estates  falling  to  state.  Legislature 
may  appropriate  thereto  proceeds  of  public  lands  not  set 
aside  for  any  other  purpose.  Surplus  of  Confederate 
pension  fund.      (La.  254,  255,  303.) 

Moneys  raised  by  taxation  in  towns  and  cities  for  support 
of  public  schools  and  appropriated  by  state  for  support 


Index  Digest  559 


EDUCATION    (Cont'd) 
Funds    (Cont'd) 

Current  School  Fund   (Cont'd) 

Sources  and  Pwrposes    (Cont'd) 

of  public  schools  to  be  applied  to  and  expended  in  no  other 
schools  than  those  conducted  according  to  law  unuer 
school    authorities    in    town    or   city   in    which   money    is 

expended.     (Mass.  Amend.  XVIII.) 

All  subjects  of  taxation  contributing  to  primary  school  in- 
terest fund  to  continue  to  contribute  to  that  fund  and  to 
be  applied  in  payment  of  interest  upon  primary  school, 
university  and  other  educational  funds  in  the  order 
named,  surplus  to  be  added  to  primary  school  interest 
fund.  Interest  on  clear  proceeds  of  sale  of  escheated 
estates  to  be  appropriated  exclusively  to  the  support  of 
primary  schools.      (Mich.  X   1,  XI   12.) 

Income  from  perpetual  fund,  one-half  income  of  swamp  land 
fund,  and  legislature  to  provide  by  taxation  or  otherwise 
so  that  with  income  from  school  fund  a  thorough  and 
efficient  system  of  schools  shall  be  established  in  each 
township  of  state.     (Minn.  VIII  2,  3.) 

State  common  school  fund  taken  from  general  fund  in 
treasury,  to  be  sufficient,  together  with  county  fund,  to 
maintain    common    schools    for    four   months   each   school 

year.      (Miss.  VIII  206.) 

Annual  income  of  permanent  school  fund,  together  with 
whatever  of  ordinary  revenue  state  may  set  apart  to  be 
appropriated  for  free  public  schools  and  the  state  uni- 
versity as  provided  for.  If  income  not  sufficient,  legisla- 
ture must  supplement  so  as  to  have  a  free  public  school  in 
each  district  for  at  least  four  months  in  each  year.  At 
least  25  per  cent,  of  state  revenue  exclusive  of  interest 
and   sinking     fund,   to   be     applied     annually   to   support 

schools.      (Mo.  XI  6,  7.) 

Duty  of  legislature  to  provide  by  taxation  to  supplement 
school  fund  so  as  to  maintain  a  free  public  school  in  each 
organized  district    for  at  least  three  months  in  each  year. 

(Mont.  XI  6.) 

All  gifts,  not  otherwise  appropriated  by  their  terms,  and 
interest  arising  from  perpetual  funds,  and  rents  from 
unsold  school  lands  and  such  other  means  as  legislature 
may  provide,  to  be  exclusively  applied  to  common  schools 
in  each  school  district  in  the  state.      (Nebr.  VIII  4.) 

Legislature  to  provide  a  special  tax  not  to  exceed  2  mills 
on  dollar  of  all  taxable  property  in  state,  in  addition 
to  other  means  provided  for  support  and  maintenance  of 
university   and   common   schools.      (Nev.   XI   6.) 

Income  of  permanent  fund,  except  when  used  to  increase 
the  capital,  to  be  appropriated  annually  and  legislature 
to  provide  for  support  of  free  public  schools.      (N.J.  IV 

Sec.  VII  6.) 


560  State  Constitutions 

EDUCATION    (Cont'd) 
Funds    (Cont'd) 

Current  School  Fund   (Cont'd) 

Sources  and  Purposes    (Cont'd) 

Moneys  from  rentals  of  certain  lands  in  excess  of  amounts 
required  for  purposes  specified  to  be  paid  into  current 
school  fund.  Current  consists  of:  Fines,  forfeitures,  net 
proceeds  of  escheated  estates,  rentals  of  school  lands  and 
of  other  lands  disposition  of  which  is  not  specified  and 
income  from  permanent  school  fund.  Legislature  shall 
levy,  collect  and  add  an  annual  tax  for  school  purposes. 

(N.M.  IX  4,  XII  4.) 

Revenue  of  school  fund  to  be  applied  to  support  of  common 
schools;    of    literature    fund    to    support    of    academies. 

(N.Y.  IX  3.) 

Interest  and  income  of  permanent  school  fund  with  net 
proceeds  of  fines  for  violation  of  state  laws  and  all  other 
sums  which  may  be  added  thereto  by  law  to  be  faithfully 
applied   each  year   for   the   common    schools.      (N.D.   IX 

154.) 

Taxes  collected  for  maintenance  of  common  schools  levied 
upon  property  of  railroad,  pipe  lines,  telegraph  com- 
panies or  public  service  corporations  operating  in  more 
than  one  county  shall  be  paid  into  common  school  fund 
and  distributed  as  other  "  common  school  funds  of  the 
state ".  Interest  and  income  of  permanent  school  fund 
and  net  income  from  leasing  of  public  lands  granted 
by  the  United  States  for  benefit  of  common  schools  to- 
gether with  any  revenues  derived  from  school  taxes  and 
any  other  sums  which  may  be  added  thereto  by  law  shall 
be  used  and  applied  each  year  for  the  benefit  of  the 
common  schools  and  no  jart  of  fund  shall  be  diverted 
from  this  purpose.     (Okla.  X  12a,  XI  3.) 

Legislature  to  make  an  appropriation  of  at  least  $1,000,000 
each  year  for  public  schools.      (Pa.  X  1.) 

After  December  31,  1S9S,  legislature  to  levy  annually  a  tax 
in  addition  to  poll  tax  and  county  commissioners'  tax 
sufficient  to  keep  schools  open  throughout  state  for  such 
time  as  legislature  may  prescribe,  added  to  annual  income 
of  state  school  fund.  Net  income  from  sale  of  licenses  to 
sell  liquors,  not  including  that  which  goes  by  law  to 
counties  or  municipal  corporations,  to  go  first  to  make 
up  deficiencies  whenever  supplementary  tax  for  schools 
becomes  necessary,  and  any  surplus,  after  deficiencies  are 
met,  to  be  devoted   to  public   schools.      (S.C.   XI   6,    11, 

12.) 

Interest  and  income  of  permanent  school  fund,  together 
with  net  proceeds  of  fines  for  violation  of  state  laws,  and 
all  other  sums  added  thereto  by  law  to  be  applied  each 
year   for   benefit    of   public   schools.      No    part   of   princi- 


Ixdex  Digest  561 


EDUCATION    (Cont'd) 
Funds    (Cont'd) 

Current  School  Fund   (Cont'd) 

Sources  and  Purposes    (Cont'd) 

pal  or  interest  to  be  diverted  to  any  other  purpose  than 
maintenance  of  public  schools.     (S.D.  VIII  2,  3.) 

All  interest  derivable  from  permanent  school  fund  and 
taxes  authorized  and  levied  for  schools  to  be  available 
school  fund  to  which  legislature  may  add  1  per  cent. 
annually  of  total  value  of  permanent  school  fund;  such 
value  to  be  ascertained  by  board  of  education  until  other- 
wise provided  by  law,  to  be  used  for  no  other  purpose 
than  support  of  schools.  One-fourth  of  revenue  from 
state  occupation  and  poll  tax  to  be  appropriated  annually 
for  free  public  schools.      (Tex.  VII  3,  5.) 

Legislature  to  apply  annual  interest  on  literary  fund  and 
that  portion  of  capitation  tax  paid  into  state  treasury 
and  not  returnable  to  counties  and  cities,  and  an  annual 
tax  on  property  not  less  than  1  nor  more  than  5  mills 
to  schools  of  primary  and  grammar  grades.  .  (Va.  IX  135.) 

Interest  of  permanent  school  fund,  together  with  all  rentals 
and  revenues  from  land  or  property  of,  and  state  tax  for 
common  schools,  to  be  applied  exclusively  to  current  use 
of  common  schools.      (Wash  IX  2,  3.) 

All  money  to  credit  of  permanent  fund  over  $1,000,- 
000,  together  with  interest  on  fund,  all  money  and 
taxes  formerly  payable  to  permanent  fund,  net  proceeds 
of  all  forfeitures  and  fines  accruing  to  state,  state  capi- 
tation tax,  general  taxation  and  local  taxes  to  be  pro- 
vided   for    by    legislature.       ( W.Va,    XII    5,    School    Fund 

Amend.  1902.) 

Interest  of  permanent  fund  and  all  other  revenues  derived 
from  school  lands,  and  tax  which  must  be  raised  an- 
nually by  each  town  and  city  of  not  less  than  one-half 
amount  received  by  each  town  and  city  for  school  pur- 
poses from  income  of  school  fund.      (Wis.  X  2,  4.) 

Apportionment 

See  also  below,  this  title.  Sectarian  Institutions. 

Legislature  not  to  pass  private  or  special  law  to  authorize 
apportionment   of.      (Wash.   II   28;    Wis.   IV  31.) 

To  be  apportioned  among  counties  in  proportion  to  number 
of  children  of  school  age  therein ;  and  as  nearly  as  prac- 
ticable to  provide  school  terms  of  equal  duration  in  such 
school  districts  or  townships.      (Ala.  XIV  256.) 

Apportioned  to  counties  on  basis  of  number  of  pupils  of 
school  age.      (Ariz.  XI  8;  Tex.  VII  5.) 

Distribution  among  counties  and  school  districts  as  pre- 
scribed by  law.      (Colo.  IX  3;   Ida.  TX  3.) 

Equitably  among  school  districts.      (Del.  X  2.) 


562  State  Constitutions 


EDUCATION    (Cont'd) 
Funds    (Cont'd) 

Current  School  Fund   (Cont'd) 
Apportionment   (Cont'd) 

Legislature  shall  provide  for  distribution  among  counties 
in  proportion  to  average  attendance  upon  schools  in  said 

counties.      (Fla,  XII  7.) 

Money  subject  to  support  and  maintenance  of  common 
schools  to  be  distributed  to  districts  in  proportion  to 
number  of  children  between  age  of  five  and  21  as  pro- 
vided by  law.     (Iowa  IX  Pt.  II  7.) 

Each  county's  share  based  on  census  of  pupil  children.  No 
distinction   in   distribution   on   account   of   race   or   color. 

(Ky.  186,  187.) 

All  funds  raised  by  state  for  support  of  public  schools, 
except  poll  taxes,  to  be  distributed  to  each  parish  in  pro- 
portion to  number  of   children   between   ages   of   six  and 

18.      (La.  24S.) 

Income  from  lease  or  sale  of  school  lands  to  be  distributed 
to  the  townships  in  proportion  to  the  number  of  scholars 
between  five  and  21  years  of  age.      (Minn.  VIII  2.) 

Xo  school  district  to  receive  any  portion  of  current  school 
fund  that  does  not  maintain  a  free  school  at  least  three 
months  during  the  year.      (Mo.  XI  2.) 

State  common  school  fund  to  be  distributed  among  several 
counties  and  separate  school  districts  in  proportion  to  num- 
ber educable  children  in  each,  to  be  determined  from  data 
collected  through  office  of  state  superintendent  of  educa- 
tion in  manner  prescribed  by  law.      (Miss.  VIII  206.) 

Equitably  among  school  districts  maintaining  schools  at 
least  three  months.      (Nebr.  VIII  7.) 

Interest  of  permanent,  fund  to  be  apportioned  among 
counties  as  provided  by  law.      (Xev.  XI  3.) 

Current  school  fund  shall  be  apportioned  among  school 
districts  in  proportion  that  number  of  children  of  school 
age  in  each  district  bears  to  total  number  of  children  in 
state.  A  reserve  shall  be  set  up  before  distribution,  suf- 
ficient to  provide  for  five  months'  schooling  in  every  dis- 
trict by  special  help  to  districts  where  full  local  school 
tax  plus  regular  quota  of  current  school  funds  will  not 
suffice  to  do  this.  (N.M.  XII  4.) 
To  school  corporations  in  proportion  to  number  of  children 
of  school  age.      (X.D.  IX  154;  S.D.  VIII  3.) 

Income  of  permanent  school  fund  to  be  distributed  among 
counties  in  proportion  to  number  of  children  resident 
therein,  ages  four  to  20.      (Ore.  VIII  4.) 

Among  several  school  districts  in  proportion  to  school 
population.      (Okla.  XI  3;  Utah    X  3.) 

Annual  income  of  state  school  fund  and  liquor  license  fund 
to  be  apportioned  by  legislature.    Proceeds  of  extra  school 


Index  Digest  563 


EDUCATION    (Cont'd) 
Funds   (Cont'd) 

Current  School  Fund   (Cont'd) 
Apportionment   (Cont'd) 

tax  to  be  apportioned  among  counties  in  proportion  to  de- 
ficiencies in  county  funds.      (S.C.  XI  6,  11,  12.) 
To  be  distributed  to  counties   according  to  school  popula- 
tion.     (Tex.  VII   5.) 
Power  of  distribution  to  counties  vested  in  state  board  of 

education.  (Tex.  VII  8.) 
Funds  derived  from  high  school  tax  to  be  apportioned  among 
cities  and  school  districts  according  to  attendance  at  high 
schools  and  only  to  cities  or  districts  maintaining  high 
school  standard  and  for  period  of  year  fixed  by  state 
board  of  education,  as  legislature  may  provide.      (Utah 

X  3,  XIII  7.) 
On  basis  of  school  population,  children  seven  to  20  years  of 

age  in  each  school  district.  (Va.  IX  135.) 
Income  of  permanent  fund  to  be  distributed  by  law  among 
towns  and  cities  for  support  of  common  schools  in  pro- 
portion to  number  of  children,  four  to  20,  but  no 
appropriation  to  any  town  or  city  for  year  in  which  it 
does  not  raise  tax  or  does  not  maintain  school  at  least 
three  months.  (Wis.  X  5.) 
To  be  distributed  by  general  law  among  several  counties 
according  to  number  of  children  of  school  age;  counties 
to  distribute  income  likewise  to  several  school  districts; 
no  appropriation  to  any  school  district  which  has  not 
maintained  a  school  for  at  least  three  months.      (Wyo. 

VII  8.) 
County  School  Fund 

Funds  from  special  county  tax  for  schools  to  be  used  to  extend 
school  terms  to  equal  length  as  far  as  possible  in  several  town- 
ships and  districts.  Cities  of  Decatur,  New  Decatur  and  Cull- 
man exempt  from  this  special  tax.  All  poll  taxes  to  be  applied 
to  support  of  public  schools  in  county  where  collected.      (Ala. 

XIV  269.) 
Legislature   to   increase   county    fund    as    apportioned   so   as   to 
maintain  schools  at  least  six  months  each  year.     (Ariz.  XI  9.) 
County  treasurer  to  collect  all  school  funds  belonging  to  county 
and    several    school    districts    therein    and    disburse    same    on 
warrants  drawn  by  county  superintendent  or  district  officers 
as   provided  by  law.      (Colo.   IX   4.) 
Consists  of,  in  addition  to  county  school  tax  and  proportion  of 
state  school  fund  and  special  state  school  tax,  net  process  of 
fines  and  all  capitation  taxes  collected  in  county,  to  be  dis- 
bursed by  county  board   of  public  instruction   solely  for  free 

public  schools.      (Fla.  XII  9.) 
Military   exemption    payments   to  be   paid  into   school   fund   of 
county  of  which  exempt  person  a  resident.      (Ida.  XIV  1.) 


504  State  Constitutions 


EDUCATION    [Cont'd) 
Funds    (Cont'd) 

County  School  Fund    (Cont'd) 

If  county  fails  to  demand  its  portion  of  interest  of  school  fund, 
the  same  to  be  reinvested  for  benefit  of  said  county.  Counties 
to  be  held  liable  for  any  part  of  fund  entrusted  to  them  and 
for  payment  of  interest  thereon.      (Ind.  VIII  5,  6.) 

Money  paid  for  exemption  from  military  duty,  clear  proceeds  of 
all  fines,  collected  in  counties  for  breach  of  penal  laws,  to  be 
applied  by  counties  among  school  districts  in  proportion  to 
school  population  for  support  of  common  schools  for  estab- 
lishment of  libraries.      (Iowa  IX  Pt.  II  4.) 

Money  paid  for  exemption  from  military  duty;  proceeds  of 
estrays  and  of  fines  for  breach  of  penal  laws  to  be  applied  in 
county    where    paid    to    support   of    common    schools.       (Kan. 

VI  6.) 

Funds  from  poll  taxes  to  be  paid  directly  to  treasurer  of  local 
school  board  by  collector  for  public  schools;  legislature  to 
provide  for  parish  to  levy  tax  for  public  schools  not  to  exceed 
entire  state  tax,  and  provided  that  with  such  tax  whole 
amount  of  parish  taxes  not  to  exceed  limit  fixed  in  constitu- 
tion. Police  juries  of  parishes  and  municipal  councils  of  cities 
and  towns,  except  Orleans  parish,  to  turn  over  to  parish 
school  boards  at  least  3  mills  of  annual  tax,  not  to  apply 
to  cities  which  are  under  legislative  authority  conduct  free 
schools  on   which   are  spent   at  least   3  mills.     Details  given. 

(La.  252,  255  as  amended  1914.) 

To  consist  of  poll  tax,  to  be  retained  in  counties  where  col- 
lected, which  together  with  state  common  school  fund,  to  be 
sufficient  to  maintain  common  schools  for  term  of  four  months 
each  scholastic  year.  Any  county  or  separate  school  district 
may  levy  additional  tax  to  maintain  schools  for  longer  terms 
than  four  months.      (Miss.  VIII  206.) 

Money,  stocks,  bonds,  lands  and  property  belonging  to  county 
school  fund,  also  proceeds  of  sales  of  estrays,  clear  proceeds 
of  all  penalties,  and  forfeitures  and  fines  collected  in  county 
for  breach  of  penal  or  military  laws,  and  moneys  paid  for 
exemption  from  military  service  to  be  invested  in  loans  on 
unincumbered  real  estate  of  double  value  of  loan  with  per- 
sonal security  additional  and  sacredly  preserved  as  county 
public  school  fund  and  income  appropriated  for  schools.     (Mo. 

XI  8,  10.) 

Fines,  penalties  and  license  moneys  arising  under  general  laws 
of  state  shall  belong  and  be  paid  to  Counties  where  same  are 
levied  and  imposed,  and  shall  be  apportioned  exclusively  to 
use  and  support  of  common  schools  in  those  districts.     (Nebr. 

VIII  5.) 

Consists  of  money,  stocks,  bonds  and  other  property  belonging 
to  county  school  funds,  also  net  proceeds  from  sale  of  estrays, 
clear  proceeds  of  penalties  and  forfeitures  and  fines  collected 
in    counties   for    breach   of    penal   or    military   laws    and    all 


Index  Digest  565 


EDUCATION    (Cont'd) 
Funds    (Con I'd) 

County  School  Fund    (Cont'd) 

moneys  paid  for  exemption  from  military  duty.  County 
school  funds  to  remain  in  county  and  be  faithfully  appro- 
priated for  establishing  and  maintaining  free  public  schools 
in  county  provided  that  amount  collected  in  each  county  be 
annually    reported    to    superintendent    of    public    instruction. 

(N.C.  IX  5.) 

County  commissioners,  or  other  officers  hereafter  vested  with 
same  powers,  to  levy  annual  tax  of  3  mills  on  all  taxable 
property  of  county,  to  be  collected  as  other  taxes  and  to  con- 
stitute a  fund  in  county  treasury  to  be  apportioned  among 
school  districts  of  county  in  proportion  to  number  of  enrolled 
pupils,  legislature  to  define  enrollment  and  apportioning 
officer  to  notify  trustees  of  respective  school  districts  who 
shall  expend  same  as  legislature  may  prescribe.      (S.C.  XI  6.) 

All  moneys,  stocks,  bonds,  lands  and  other  property  belonging 
to,  except  such  as  is  provided  by  law  for  current  use,  to  be 
securely  invested  in  several  counties  as  county  public  school 
fund;  income  to  be  appropriated  exclusively  for  free  public 
schools  in  several  counties.  All  fines  and  penalties  under 
general  state  laws  to  go  to  public  school  fund  of  respective 
counties  for  current  support  of  public  schools  therein.     (Wyo. 

VII  4,  5.) 

Lands  granted  to  counties  for  educational  purposes,  title  vested 
in  counties,  which  may  be  sold,  disposed  of  as  county  com- 
missioners' court  may  provide.  Proceeds  shall  be  held  as 
trust  by  counties  for  benefit  of  schools  and  invested  under 
restrictions  prescribed  by  law.  Counties  responsible  for  in- 
vestments. Interest  and  revenue  except  the  principal  shall  be 
available  school  fund.      (Tex.  VII  6.) 

Industrial  Schools 

See  also   below,   this   title,   Special   Schools,   Colleges   and  Uni- 
versities. 
Louisiana    Industrial    Institute    at    Ruston,    and    the    Southwestern 
Louisiana   Industrial   Institute   of  Lafayette  recognized.     Legisla- 
ture directed  to  make  appropriations  for  maintenance,  support  and 
improvement  of.     (La.  257.) 
Industrial   school   and   school   for   manual   training,   and   such  other 
educational  or  charitable  institution   as  the  legislature  may  pro- 
vide to  be  located  at  Ellendale  with  grant  of  40,000  acres  of  land. 

(N.D.  XIX  21G.) 
Commissioner  of  charities  and  correction  empowered  and  directed  to 
examine  into  condition  and  management  of  reform  and  industrial 
schools  when,  they  derive  support  wholly  or  in  part  from  state, 
county  and  municipality,  and  officers  of  shall  furnish  full  informa- 
tion requested  by  commissioner  who  has  also  power  to  summon 
witnesses  and  require  production  of  books  and  papers  and  testi- 
mony under  oath.     (Okla.  VI  28.) 


566  State  Constitutions 

EDUCATION    (Cont'd) 

Industrial  Schools    {Cont'd) 

Alabama  Girls'  Industrial  School,  legislature  cannot  change  location 
of  except  by  two-thirds  vote  of  legislature  with  yeas  and  naya 
entered  on  journals.  (Ala.  XIV  267.) 
Board  of  commissioners  of  state  institutions  provided  for,  with  full 
power  to  manage,  control  and  govern,  subject  only  to  Buch  limita- 
tions as  Bhall  be  established  by  law.     (Nebr*  III  19.) 

INEBRIETY 

Legislature  to  provide  for  education  of  inebriates.      (N.C.  XI  9.) 
Mechanic  Arts 

See  also  above,  this  title,  Agricultural  and  Mechanical  College. 
Department  of  mechanic  arts  and  mining  to  be  established  at  State 

University.     (Nev.  XI  4.) 
Mining  Instruction 

Department  of  mining  to  be  established  at  State  University.     (Nev. 

XI  4,  7,  8.) 
Legislature    to    establish    and    maintain    as    soon    as    practicable    a 

department  of  at  State  University.     (N.C.  IX  14.) 
One   school   of  mines  located   at  Grand   Forks,   and  to  have  lands 

granted  by  Congress.      (N.D.  XIX  215.) 
One  school  of  mines  at  Golden  adopted  by  state,  control  and  manage- 
ment of  to  be  regulated  by  legislature,  location  of  and  grants,  gifts 
and   appropriations   for   confirmed   for   use   and   benefit   of,   under 
specified  conditions.     (Colo.  VIII  5.) 
School  of  mines  included  in  State  University.      (Ariz.  XI   1.) 
Legislature  shall  maintain  college  of  mines.      (Mich.  XI  10.) 
New  Mexico  School  of  Mines  at  Socorro;  same  provision  for  support 

and  government  of  as  for  state  university.     (N.M.  XII  11.  13.) 

Legislature  shall  provide  for  teaching  of  mining  and  mineralogy  in 

at  least  one  institution  under  patronage  of  state.     (S.D.  XIV  5.) 

Legislature  may  provide  that  science  of  mining  and  metallurgy  be 

taught  in  one  or  more  institutions  of  learning  under  patronage  of 

state.     (Colo.  XVI  4.) 
Legislature  may  provide  that  science  of  mining  and  metallurgy  be 
taught  in  one  institution  of  learning.     (Wyo.  IX  5.) 
Negroes,  See  below,  this  title,  "  Special  Schools,  Colleges  and  Uni- 
versities ",  "  State  University  —  Colored  Branch  ",  "  Schools  fob 

White  and  Colored  ". 
Normal  Schools 

See  also  above,  this  title,  Common  Schools  —  Scope  of  System. 
General  supervision  of  state  normal  college  and  state  normal  schools 

vested  in  state  board  of  education.  (Mich.  XI  6.) 
Legislature  shall  provide  for  training  of  teachers  in,  or  otherwise, 
to  be  proficient  in  English  and  Spanish  languages  qualified  to 
teach  Spanish-speaking  pupils.  No  amendment  to  constitution  to 
affect  this  provision,  unless  proposed  by  vote  of  three-fourths  of 
members  elected  to  each  house  and  ratified  by  vote  of  people  in 
state  in  election  at  which  at  least  three-fourths  of  electors  voting 


Index  Digest  567 


EDUCATION    [Cont'd) 

Normal  Schools   (Cont'd) 

in  whole  state  and  at  least  two-thirds  of  thoae  voting  in  each 
county  in  state,  shall  vote  for  amendment.     (N.M.  XII  8,  XIX  1.) 

When  sustained  wholly  or  in  part  by  state  to  be  under  control  of 
board  of  five  members  (legislature  may  increase  to  nine),  ap- 
proved by  governor,  confirmed  by  senate,  under  rules  and  restric- 
tions provided  by  legislature.     (S.D.  XIV  3.) 

Legislature  may  establish.     (Nev.  XI  5;  Va.  IX  137.) 

Legislature  to  provide  for  not  more  than  two.     (Fla.  XII  14.) 

One-third  of  lands  or  proceeds  thereof  accruing  from  section  13  in 
every  portion  of  the  state  to  go  to  normal  schools.     (Okla.  XI  5.) 

Provision  for  four  state  normal  schools  with  land  grant8  and  for 
government  of.      (N.M.  XII  11,  12,  13.)      - 

The  legislature  shall  maintain  a  state  normal  school  and  such  state 
normal  schools  as  may  be  established  by  law.      (Mich.  XI  10.) 

No  appropriation  hereafter  to  any  state  normal  school  or  branch 
thereof,   except   those   already    established    in    operation,    or    now 

chartered.     (W.Va.  XII  11.) 

Legislature  may  provide  for  maintenance  of  the  Winthrop  Normal 
and  Industrial  College  as  a  branch  of  State  University  and  may 
create  scholarships  therein.     (S.C.  XI  8.) 

State  normal  schools  located  at  Minot,  and  at  Mayville  and  provi- 
sion made  for  special  allotment  of  public  lands.     (N.D.  XIX  216.) 

Louisiana    state    normal    at    Natchitoches    recognized.      Legislature 
directed  to  make  appropriations  for  maintenance,  support  and  im- 
provement of.     (La.  257.) 

State  normal  school  located  at  Valley  City,  and  specifying  special 
grant  of  land  for.      (N.D.  XIX  215.) 

Legislature  may  appropriate  money  for  when  not  under  absolute 
control  of  state  if  established  by  law  for  professional  training  of 
teachers  for  public  schools  of  state.      (Pa.  Ill   17.) 

Colored  Agricultural  and  Normal  University  shares  one-third  erf  lands 
and   proceeds   accruing   from  section    13   in   every   part  of   state. 

(Okla.  XI  5.) 

Normal   department    included   in    State    University.      ( Kan.    VI    7 ; 

N.C.  IX  14.) 

Normal  schools  to  share  in  residue  of  income  from  permanent  school 
fund,  for   support,  libraries  and   apparatus,  after  common   school 

needs  supplied.     (Wis.  X  2.) 

Reform  Schools,  See  Penal  Institutions  —  Reformatories. 
School  Census 

Legislature  shall  provide  for  a  school  census  by  townships  and  dis- 
tricts not  oftener  than  once  in  two  years,  and  shall  punish  persons 
making  false  returns.  State  superintendent  of  education  may  take 
new  census  in  any  township,  district  or  county  whenever  he 
believes  false  returns  have  been  made.  (Ala.  XIV  268.) 
Legislature    shall    provide    for    enumeration    of    educable    children. 

(La.  248.) 


568  State  Constitutions 


EDUCATION    {Cont'd) 
School  Districts 

Under  Utis  subhead  are  digested  provisions  relating  particularly  to 

school  districts;  for  districts  in  general,  See  Districts. 
Affairs  of 

Special  and  local  legislation  regulating,  forbidden.     (Mo.  IV  53; 
Okla.   V  46;    Pa.   Ill   7;   Tex.  Ill  46.) 
Bonds 

Legal  security  fur  banks  to  qualify  for  deposits  of  public  funds. 

(Cal.  XI  16y2.) 
Creating  or  Changing  of  Boundaries 

No  independent  free  school  district  or  organization  to  be  created 
without  consent  by  majority  vote  of  district  out  of  which  it 
is  created.      (W.Va.  XII  10.) 
Special  and  local  legislation  changing,  forbidden.      (Ala.  IV  104 
(22);    Deli   II    19;    Minn.  IV  33;    Mo.  IV  53;    Pa.  Ill   7.) 

Debt 

See  also  above,  this  title,  Boards  of  Education  —  Debt. 
Existing  Time  Adoption  Constitution 

Nothing  in  this  article  to  be  construed  to  impair  or  add  to 
obligation  of  debts  contracted  in  accordance  with  terri- 
torial law;  or  to  prevent  contracting  any  debt  or  issuing 
bonds  therefor  in  accordance  with  laws  of  territory  upon 
proposition  which  according  to  such  laws  was  submitted 
to  qualified  electors  before  constitution  took  effect.     (Colo. 

XI  9.) 
To  remain  valid  and  unaffected  until  paid  or  refunded  ac- 
cording to  law.      (N.M.  XXII  12.) 
Nothing   in   constitution   to   legalize  invalid   debt  of   school 
district  or  board  of  education  of  territory  or  impair  any 
defense  against  payment  thereof.      (Okla.  Sched.  37.) 
Bonds   previously  issued   and   approved   by   attorney-general 
and  registered  by  comptroller  declared  valid  obligations  of 
district  which  issued  them.      (Tex.  VII  3a.) 
Nothing  in  this  article  of  constitution  to  impair  or  add  to 
obligation   of   any   debt   contracted   prior   to   constitution 
under  laws  of  territory;  or  to  prevent  contracting  of  debt 
or  issuing  bonds  under  proposition  submitted  under  laws 
of  territory  to  qualified  electors  before  constitution  took 

effect.     (Utah  XIV  7.) 
Limit  of  Amount 

Not  to  become  indebted  for  any  purpose  in  any  manner  to 
amount  exceeding  4  per  cent,  of  taxable  property  without 
approval  on  referendum,  but  under  no  circumstances  to 
become  indebted  to  amount  exceeding  10  per  cent,  of  tax- 
able property  shown  by  the  last  assessment  roll;  value  of 
taxable  property  to  be  ascertained  by  last  assessment  for 
state    and    county    purposes    previous    to    incurring    debt. 

(Ariz.  IX  8.) 


Inj)kx    Digest  569 


EDUCATION    (Cont'd) 

School  Districts   (Cont'd) 
Debt    (Cont'd) 

Limit  of  Amount    (Cont'd) 

Not  to  be  allowed  to  become  indebted  in  any  manner  or  for 
any  purpose  to  amount  including  existing  indebtedness  in 
aggregate  exceeding  5  per  cent,  value  of  taxable  property 
therein  ascertained  by  last  assessment  for  state  and 
county  taxes  previous  to  incurring  debt;  but  this  not  to 
prevent  issuing  bonds  in  compliance  with  vote  of  people 
had  prior  to  adoption  constitution   in   pursuance  of   law. 

(111.   IX   12.) 

Total  bonds  for  all  purposes  never  to  exceed  10  per  cent,  of 

assessed  valuation  "of  the  property"  therein.     (La.   281 

(D.) 

Not  to  be  allowed  to  become  indebted  in  any  manner  or  for 
any  purpose  to  amount  including  existing  debt  in  aggre- 
gate exceeding  5  per  cent,  of  value  of  taxable  property 
therein ;  value  of  taxable  property  to  be  ascertained  by 
assessment  next  before  last  assessment  for  state  and 
county  purposes  previous  to  incurring  debt.     (Mo.  X  12.) 

Not  to  be  allowed  to  become  indebted  in  any  manner  or  for 
any  purpose  to  amount  including  existing  indebtedness  in 
aggregate  exceeding  3  per  cent,  of  value  of  taxable  prop- 
erty therein  to  be  ascertained  by  last  assessment  for  state 
and  county  taxes  previous  to  incurring  such  debt;  all 
bonds  and  obligations  in  excess  of  this  amount  to  be  void. 

(Mont.  XIII  6.) 

Not  to  become  indebted  in  amount  exceeding  6  per  cent,  of 
assessed  valuation  taxable  property  within  district  as 
shown  by  preceding  general  assessment;  this  not  to  pre- 
vent issue  of  bonds  to  pay  or  refund  valid  bonds  of  school 

district.      (N.M.  IX  11,  15.) 

Shall  never  exceed  5  per  cent,  of  assessed  value  of  taxable 
property  therein.  In  estimating  existing  debt  that  con- 
tracted prior  to  adoption  of  constitution  as  well  as  that 
contracted  subsequent  thereto  to  be  included.  Bonds  or 
obligations  in  excess  of  this  limit  to  be  void.      (N.D.  XII 

1S3.) 

Not  to  be  allowed  to  become  indebted  in  any  manner  for 
any  purpose  to  amount  including  existing  debt  not  to  ex- 
ceed in  aggregate  5  per  cent,  of  valuation  of  taxable  prop- 
erty therein  to  be  ascertained  from  last  assessment  for 
state  and  county  purposes  previous  to  incurring  debt. 
Limitation  on  amount  of  debt  not  to  "  apply  "  to  debt 
created  or  bonds  issued  to  pay  existing  debt  under  terri- 
tory.     (Okla.  X  26.  Sched.  25.) 

Not  to  exceed  7  per  cent,  of  assessed  value  of  taxable  prop- 
erty therein.      (Pa.  IX  8.) 


570  State  Constitutions 


EDUCATION    (Cont'd) 

School  Districts   (Cont'd) 
Debt    (Cont'd) 

Limit  of  Amount    (Cont'd) 

Not  to  exceed  8  per  cent,  assessed  value  taxable  property 
therein.  When  several  political  divisions  or  municipal 
corporations  cover  same  territory  each  of  such  divisions 
or  corporations  to  "  so  exercise  its  power  to  increase  its 
debt  "  that  aggregate  debt  upon  any  territory  of  state 
shall  never  exceed  15  per  cent,  of  taxable  property  in  such 
territory  as  valued  for  state  taxes,  but  this  is  not  to  pre- 
vent issue  of  bonds  to  refund  valid  municipal  debt  con- 
tracted in  excess  of  the  8  per  cent,  limit  prior  adoption  of 
constitution.  This  not  to  apply  to  bonded  debt  incurred 
by  specified  school  district  to  be  used  exclusively  for 
erecting  and  extending  school  buildings,  when  question  of 
incurring  such  debt  is  submitted  to  qualified  electors  as 
provided  in  constitution  for  other  debt.     (S.C.  X  5.) 

Never  to  exceed  5  per  cent,  of  assessed  valuation  of  taxable 
property  therein  for  year  preceding  that  in  which  the  in- 
debtedness is  incurred;  in  estimating  amount  which  may 
be  incurred,  the  amount  of  debt  contracted  prior  to 
adoption  of  constitution  to  be  included  in  computation  of 
existing  debt.      ( S.D.  XIII   4.) 

No  debt  to  be  created  By  school  district  or  subdivision 
thereof  to  become  indebted  "  to  an  amount  including  ex- 
isting indebtedness  exceeding  4  per  centum  of  the  value  of 
the  taxable  property  therein  ".  Value  of  taxable  property 
to  be  ascertained  from  last  assessment  for  state  and 
county  purposes  previous  to  incurring  debt.  Nothing  in 
this  article  of  constitution  to  prevent  contracting  debt 
or  issuing  bonds  under  proposition  submitted  under  laws 
of  territory  to  qualified   electors  before   constitution  took 

effect.      (Utah  XIV  3.) 

Not  to  become  indebted  for  any  purpose  in  any  manner  to 
amount  exceeding  l1/^  per  cent,  of  taxable  property  therein 
without  assent  of  three-fifths  voters  voting  at  election 
held  for  that  purpose.  In  cases  requiring  assent  of  three- 
fifths  such  voters  total  debt  at  any  time  not  to  exceed  5 
per  cent,  on  value  of  such  taxable  property;  value  of 
taxable  property  to  lie  ascertained  from  last  assessment 
for  state  and  county  purposes  previous  to  incurring  debt. 

(Wash.  VIII  6.) 

Not  to  be  allowed  to  become  indebted  in  any  manner  or  for 
any  purpose  to  an  amount  including  existing  debt  in  ag- 
gregate exceeding  5  per  cent,  of  value  of  taxable  property 
therein  to  be  ascertained  by  last  assessment  for  state  and 
county  taxes  previous  to  incurring  debt;  cases  where 
bonds  have  already  been  authorized    (at  time  of  adoption 


Index  Digest  571 


EDUCATION    (Cont'd) 

School  Districts   (Cont'd) 
Debt    (Cont'd) 

Limit  of  Amount    (Cont'd) 

of  constitution)  to  be  issued  excepted  from  operation  of 
this  limitation.  (W.Va.  X  8.) 
Not  to  be  "  allowed  to  become  indebted  in  any  manner  or 
for  any  purpose  to  any  amount  including  existing  in- 
debtedness in  the  aggregate  exceeding  5  per  cent,  on  the 
value  of  the  taxable  property  therein";  value  of  taxable 
property  to  be  ascertained  by  last  assessment  for  state 
and   county  taxes  previous  to  incurring  debt.      (Wis.  XI 

3.) 
Law  Authorizing 

Local  and  special  legislation  providing  for  bonding  of,  for- 
bidden.     (Nebr.  Ill   15.) 
Purpose 

To   be   incurred   only   for    strictly   school    district    purposes. 

(Utah  XIV  4;  Wash.  VIII  6.) 

Xot   to   borrow   money   except   for   erection    and    furnishing 

of  school  buildings  or  purchasing  school  grounds.      (X.  M. 

IX  11.) 
Xot  to  lend  or  pledge  credit  or  faith  in  any  manner  to  or  in 
aid  of  any  person,  company  or  corporation  for  any  amount 
or'  for  any  purpose,  "  public  or  private  ",  or  become  re- 
sponsible for  any  debt,  contract  or  liability  of  any  person, 
company  or   corporation,   "  public  or  private "   in  or  out 

of  state.  (Colo.  XI  1.) 
Legislature  may  provide  for  "special  tax  school  districts  to 
issue  bonds  for  the  exclusive  use  of  public  free  schools 
within  such  special  school  tax  district  whenever  a  major- 
ity of  the  qualified  electors  thereof  who  are  free  holders 
shall  vote  in  favor  of  the  issuance  of  such  bonds  ".     ( Fla. 

XII  17.) 
Xo  school  district  or  board  of  education  to  lend  or  pledge 
credit  or  faith  in  any  manner  to  or  in  aid  of  individual, 
association  or  corporation,  for  any  amount  or  for  any 
purpose  or  become  responsible  for  any  debt  contracted  or 
liability  of  any  individual,  association  or  corporation  in 
or  out  of  state.  (Ida.  VIII  4.) 
Xo  bonds  to  be  issued  for  any  purpose  other  than  that  stated 
in  propositions  submitted  to  taxpayers  nor  for  a  greater 
amount  than  therein  stated,  nor  shall  &uch  bonds  be  la- 
sued  for  any  purpose  other  than  "  for  constructing,  im- 
proving and  maintaining  public  roads  and  highways,  pav- 
ing and  improving  streets,  roads  and  alloys,  purchasing 
and  constructing  systems  of  waterworks,  sewerage,  drain- 
age, navigation,  lights,  public  parks  and  buildings  together 
with    all    necessary    equipment    and    furnishings,    bridges 


572  State  Constitutions 


EDUCATION    (Cont'd) 

School  Districts    [Cont'd) 
Debt   (Cont'd) 

Purpose   (Cont'd) 

and  other  works  of  public  improvement,  the  title  to  which 
shall  rest  in  the  subdivision  creating  the  debt  as  the  case 

may  be".     (La.  281    (1).) 

Detailed  provisions  for  bond  issue  of  $2,000,000  by  "  board 
of  directors  of  the  public  schools  for  the  parish  of 
Orleans  ''  for  school  sites,  school  buildings,  playgrounds 
and  appurtenances.  (La.  255  (amendment  submitted  by 
Act.  Xo.  2(32,  1914.) 

Credit  not  \o  be  given  or  loaned  to  or  in  aid  of  any  indi- 
vidual, association  or  corporation,  except  for  necessary 
support  of  poor.      (X.D.  XII   185.) 

Except  as  otherwise  provided  in  constitution,  school  dis- 
trict not  to  lend  or  pledge  its  credit  directly  or  in- 
directly in  aid  of  any  person,  association  or  public  or 
private  corporation  or  of  any  private  enterprise  for  con- 
struction of  railroad;  this  not  to  prevent  issue  of  bonds 
to   pav   or   refund  valid  bonds  of  school   district.      (N.M. 

IX  14,  15.) 

Not  to  give  or  lend  credit  to  individual,  association  or  cor- 
poration except  for  necessary  support  of  poor ;  and  not 
to  give  or  lend  credit  in  aid  of  railroad  or  telegraph  lines, 
but  this  does  not  affect  obligations  contracted  prior  to 
adoption  of  constitution.      (Wyo.  XVI  6,  5.) 

Single  school  district  of  city  and  county  of  Denver  to  as- 
sume and  pay  all  bonds,  obligations  and  indebtedness  of 
each  of  separate  school  districts  merged  in  such  district 
and  a  proportion  of  such  bonds,  obligations  and  indebted- 
ness of  districts  partially  merged.  (Colo.  XX  7.) 
Rpdem/ption  and  Interest 

Xo  debt  in  excess  of  revenue  to  be  incurred  by  school  dis- 
trict or  board  of  education  unless  at  or  before  time  of 
incurring  provision  be  made  for  collection  of  annual  tax 
sufficient  to  pay  interest  as  it  falls  due  and  also  to  con- 
stitute sinking  fund  for  payment  of  principal  on  or  be- 
fore maturity.  Except  as  provided  in  constitution,  debt 
incurred  contrary  to  this  provision  to  be  void.      (Cal.  XI 

18.) 

Debts  of  school  district  merged  in  single  district  for  city 
and  county  of  Denver  to  be  paid  principal  and  interest  by 
special  tax  fixed  and  certified  by  board  of  education  to 
council  "  which  shall  levy  the  same  upon  the  property 
within  the  boundaries  of  such  district  respectively  aa 
the  same  existed  at  the  time  such  district  becomes  a  part 
of  said  district  Xo.  1  (that  being  the  merged  district  for 
the  city  and  county)  and  in  case  of  partially  included  dli»- 
tricts  such  tax  shall  be  equitably  apportioned  upon  the 
several  parts  thereof".      (Colo.  XX  7.) 


Index  Digest  .".7:1 


EDUCATION    (Cont'd) 

School  Districts   (Cont'd) 
Debt   (Cont'd) 

Redemption    and  Interest     (Cont'd) 

Whenever  "  special  tax  school  district  "  votes  in  favor  of 
issuance  of  bonds  tax  to  he  levied  not  exceeding  5  mills 
on  dollar  in  any  year  on  taxable  property  within  (list  rid 
Voting  for  such  bond  issue.  Such  tax  to  become  fund  ior 
payment  of  interest  and  redemption  of  such  bonds.      (Fla. 

'  XII   17.) 

Xo  school  district  or  board  of  education  to  incur  any  debt  or 
liability  unless  at  time  of  incurring  thereof  provision  be 
made  for  collection  of  annual  tax  sufficient  to  pay  interest 
and  to  constitute  a  sinking  fund  for  payment  of  prinicipai 
within  20  years  from  time  of  contracting.     (Ida.  VIII  3.) 

To  provide  at  or  before  time  of  incurring  indebtedness  for 
collection  direct  annual  tax  sufficient  to  pay  interest  and 
discharge  principal  within  20  years  from  time  of  contract- 
ing.     (Til.  IX  12.) 

Each  year  while  bonds  are  outstanding  ''governing  au- 
thorities "  to  impose  and  collect  in  excess  of  other  taxes 
a  tax  sufficient  to  pay  interest  annually  or  semi-annually 
and  principal  falling  due  each  year,  or  such  amount  as 
may  be  required  for  any  sinking  fund  necessary  to  retire 
said  bonds  at  maturity,  but  such  special  tax  not  to  exceed 
in  any  year  10  mills  on  dollar  of  assessed  valuation  of 
property  therein.  Similar  and  detailed  provisions  for 
refunding  and  renewal  bonds.      (La.  2S1    (1),    (6).) 

Bonds  not  to  run  for  longer  period  than  40  years  from 
their  date  and  not  to  bear  interest  at  a  greater  rate  than 
5  per  cent,  per  annum  and  not  to  be  sold  for  less  than  par; 
similar  provision   for   renewal   or   refunding  bonds.      (La. 

281    (1),    (6).) 

Before  incurring  debt   requiring  assent   of  voters,  provision 
to  be  made  for  collection   of  annual  tax  sufficient  to  pay 
interest    as   due   and    to   constitute    sinking   fund   for   dis- 
charge   of    principal    within    2d   years    from    time    of    con- 
tracting.     (Mo.  X  12.) 

Provision  to  be  made  at  or  before  incurring  of  debt  for 
collection  of  annual  tax  sufficienl  to  pay  interest  and 
principal  when  due-  laws  and  ordinances  making  such 
provision    to    be    irrepealable    until    debt     paid.       (X.I). 

XII    1S4.) 

Before  or  at  time  of  incurring  debt  in  excess  of  income  and 
revenue  provision  to  lie  made  fur  collection  of  annual 
tax  sufficient  to  pay  interest  and  to  constitute  sinking 
fund  for  payment  of  principal  within  2~>  years  from  date 

.if  contracting.     (Okla.  X  26.  I 

School  district  to  levy  "  sufficient  additional  revenue*'  to 
create  sinking  fund  to  be   used  first,  for  payment   of  in- 


574  State  Constitutions 


EDUCATION    (Cont'd) 

School  Districts   (Cont'd) 
Debt   (Cont'd) 

Redemption  and  Interest    (Cont'd) 

terest  coupons;  second,  for  payment  of  bonds;  third,  for 
payment  of  such  parts  of  judgments  as  such  municipality 
may  by  law  be  required  to  pay.      (Okla.  X  28.) 

School  district  or  board  of  education  authorized  to  pay 
debts  existing  time  adoption  constitution  either  by  tax 
levy  or  by  issuing  bonds  in  lieu  thereof  under  provisions 
of  "laws  extended  in  force  in  the  state".     (Okla.  Sched. 

25.) 

Provision  to  be  made  at  or  before  incurring  debt  for  col- 
lection of  annual  tax  sufficient  to  pay  interest  and  dis- 
charge principal  within  30  years.      (Pa.  IX  10.) 

All  territory  of  any  school  district  organized  according 
to  constitutional  requirements,  with  from  nine  to  49 
square  miles  of  area,  containing  cities  or  towns,  already 
organized  into  special  school  districts,  where  buildings 
have  already  been  erected  and  debt  incurred  therefor,  to 
bear  its  just  proportion  of  any  special  tax  to  liquidate 
such  indebtedness  or  support  schools  therein.     (S.C.  XI  5.) 

At  or  before  time  of  incurring  debt,  provision  to  be  made 
for  collection  of  annual  tax  sufficient  to  pay  interest  and 
principal  when  due;  and  all  ordinances  containing  such 
provision    to    be     irrepealable     until     debt    paid.       (S.D. 

XIII  5.) 

Districts  to  levy  annually  and  collect  ad  valorem  tax 
sufficient  to  pay  interest  and  provide  sinking  fund  to 
redeem  at  maturity,  but  not  exceeding  limit  of  rate  pro- 
vided elsewhere  in  the  constitution;  trustees  of  districts 
unauthorized  to  make   such  levy.      (Tex.  VII   3a.) 

Not  to  be  allowed  to  become  indebted  without  at  same  time 
providing  for  collection  of  direct  annual  tax  sufficient 
to  pay  annual  interest  on  such  debt  and  principal  thereof 
within  not  exceeding  34  years.      (YV.Ya.,X  S.) 

Before  or  at  time  of  incurring  debt  provision  required  to 
be  made  "  for  collection  of  direct  annual  tax  sufficient 
to  pay  interest  on  such  debt  as  it  falls  due  and  also 
to  pay  and  discharge  the  principal  thereof  within  20 
years  from  the  time  of  contracting  same''.  (Wis.  XT  3.) 
Referendum  on  Proposition  to  Incur 

For  provisions  prohibiting  debts  in  excess  of  ineome  and 
revenue   without  referendum,  See  below,   litis  subdivision, 

Limit  of  Amount. 

No  debt  in  excess  of  taxation  for  current  year  to  be  created 
by  school  district  or  subdivision  thereof  unless  majority 
of  such  qualified  electors  as  shall  have  paid  a  property 
tax  in  the  preceding  year  shall  approve  proposition  to 
create  such  debt.     (Utah  XIV  3.) 


Index   Digest  5,75 


EDUCATION    ( Cont'd) 

Scuool  Districts    {Cont'd) 
Debt   (Cont'd) 

l'i I'rri  ndiim  on  Proposition    to  Incw   (ConCd) 

Not  to  become  indebted  for  any  purpose  to  amount  ex- 
ceeding \ys  per  cent,  of  taxable  property  therein,  as- 
certained  from  last  assessment  for  state  and  county  pur- 
poses previous  to  incurring  debt  without  assent  of  three- 
tifths    voters    voting    at    election    held    for    that    purpose. 

(Wash.  VI II  6.) 

Xo  debt  to  be  contracted  under  provision  limiting  the 
amount  of  debt  unless  all  questions  connected  therewith 
shall  have  been  approved  by  three-fifths  of  votes  cast  for 
and  against  on  submission  to  people.      (W.Va.  X  S.) 

Xot  to  become  indebted  for  any  purpose  to  amount  ex- 
ceeding 4  per  cent,  of  taxable  property  without  assent  of 
majority  property  taxpayers  'who  must  also  be  qualified 
electors   voting   at   election   provided   by   law   to   be   held 

for  purpose.     (Ariz.  IX  8.) 

School  district  or  board  of  education  not  to  incur  in  any 
manner  or  for  any  purpose  indebtedness  or  liability  ex- 
ceeding in  any  year  the  income  and  revenue  provided  for 
such  year  without  approval  of  two-thirds  of  qualified 
electors  voting  at  election  held  for  purpose.  Except  as 
provided  in  constitution,  indebtedness  incurred  contrary 
to  this  provision  to  be  void.      (Cal.  XI  IS.) 

Xo  debt  by  loan  in  any  form  to  be  contracted  by  district 
for  erecting  and  furnishing  school  buildings  or  purchasing 
grounds  unless  proposition  approved  by  majority  qualified 
electors  who  paid  school  tax  in  preceding  year  and  voting 
tbereon.  Nothing  in  this  article  of  constitution  to  be 
construed  to  impair  or  add  to  obligation  of  debt  contracted 
in  accordance  with  territorial  laws.      (Colo.  XI  7,  9.) 

Xo  school  district  or  board  of  education  to  incur  any  debt 
or  liability  in  any  manner  for  any  purpose  "exceeding 
in  that  year  "  income  and  revenue  provided  for  it  for  such 
year  without  assent  of  two-thirds  qualified  electors  thereof 
voting  at  election  held  for  purpose.  Any  debt  or  liability 
incurred  contrary  to  this  provision  to  be  void,  but  this  not 
to  be  construed  "  to  apply  to  the  ordinary  and  necessary 
expenses   authorized   by   the   general   laws   of   the   state". 

(Ida.  VIII  3.) 
Xo  bonds  to  be  issued  unless  authorized  by  vote  of  majority 
"in  number  and  amount  of  the  property  taxpayers" 
qualified  to  vote  and  who  vote  at  election  held  for  purpose 
after  due.  notice  by  newspaper  publication  as  specified. 
Similar  and  detailed  provisions  for  renewal  and  refund- 
ing bonds.      (La.  2S1    (1),    (6).) 

Xot  to  be  allowed  to  become  indebted  for  any  purpose  to 
amount  exceeding   in   any  year  income   and   revenue   pro- 


576  State  Constitutions 


EDUCATION    {Cont'd) 

School  Districts   (Cont'd) 
Debt    (Cont'd) 

Referendum   on   Proposition    to  Incur    (Cont'd) 

videri    in     such    year    without    assent    two-thirds    voters 
thereof   voting   at   election   held   for   that   purpose.      (Mo. 

X  12.) 
Not  to  borrow  money  except  when  proposition  therefor  has 
been  approved  by  majority  of  qualified  electors  of  district 
voting  thereon.  This  not  to  prevent  issue  without  sub- 
mission to  voters  of  bonds  to  pay  or  refund  valid  bonds 
of  the  district.  (N.M.  IX  11,  15.) 
Not  to  be  allowed  to  become  indebted  for  any  purpose  to 
amount  exceeding  in  any  year  income  and  revenue  pro- 
vided in  such  year  without  assent  three-fifths  voters 
thereof  voting  at  election  held  for  that  purpose.      (Okla. 

X  26. ) 
Existing  at  Time  Adoption  of  Constitution 

Recognized  as  legal  subdivisions  of  counties  and  continued  until 
changed  by  law  in  pursuance  of  constitution.      (Utah  XI   1.) 
Expenditures 
In  General 

Not  to  increase  pay  or  compensation  of  any  public  contractor 
above  amount   specified  in  the  contract.      (Conn.  Amend. 

XXIV.) 
Pledging  credit,  forbidden.      (Ida.  VIII  4;  Colo.  XI  1.) 
Not   to  lend   or   pledge  credit   or  make  donations  except   as 

provided   in    constitution.       (N.M.    IX    14.) 
Not  to  grant  extra  compensation  to  public  officer,  employee, 
agent  or  servant  or  increase  compensation  of  public  officer 
or  employee  to  take  effect  during  continuance  in  office  of 
any    person    whose    salary    might    be    thereby    increased. 

(Conn.  Amend.  XXIV.) 
Not  to  lend  or  pledge  credit  directly  or  indirectly  to  or  in 
aid  of  any  person,  company  or  corporation,  public  or 
private,  or  become  responsible  for  any  debt,  contract  or 
liability  of  any  company  or  corporation,  public  or  private, 
in  or  out  of  state  ( 1 ) .  Nor  make  any  donation  or  grant 
to  or  become  subscriber  or  shareholder  of,  or  joint  owner 
with  any  person,  company  or  corporation  in  or  out  of 
state,  except  as  such  ownership  comes  through  public 
duties  in  connection  with  escheated  estates,  forfeitures, 
etc.,  in  which  they  have  official  interest  (2).      (Colo.  XI  1, 

2.) 
Corporate   Hlock 

Not   to  become  owner   of  in  any  association  or  corporation. 

(Wyo.  XVI  6.) 
School  district  not  to  become  subscriber  to  or  shareholder 

in  any  corporation  or  company.      (Colo.  XI  2.) 
Not  to  subscribe  to  or  become  owner  of  capital  stock  of  any 

association  or  corporation.      (N.D.  XII   185.) 


Imikx   Digest  ."'77 


EDUCATION    [Cont'd) 

s<  ikioi.  Districts   {Cont'd) 
Expenditures    (Cont'd) 
.1  id   to  Individuals 

Not  to  loan  credit  or  make  donations  to  individual,  asso- 
ciation   or   corporation    except    for    necessary    support    of 

poor.        (\.|).     XII      lSf>;     W'yo.     XV]     ().) 

.1  id  to  Public  Corporation 

Excepl  as  otherwise  provided  in  constitution,  school  dis- 
trict nut  to  make  donation,  directly  or  indirectly,  to  or 
in  aid  of  public  corporations.      (N.M.  IX  14.) 

Aid  to  Private  Enterprise 

School  district  not  to  make  donation  or  grant  to  or  in  aid 
of  any  person,  company  or  corporation,  "public  or 
private"  in  or  out  of  state.  (Colo.  XI  2.) 
Except  as  otherwise  provided  in  constitution  school  dis- 
trict not  to  make  donations  to  or  in  aid  of,  directly  or 
indirectly,  any  person,  association  or  corporation  or  to 
any  private  enterprise  for  construction  of  railroad.     (N.M. 

IX    14.) 
Aid    to   Railroad  or    Telegraph   Lines 

Donations  to,  forbidden.      (Wyo.   X   Railroads  5.) 

Aid  to  Religious  or  Sectarian  Purpose 

See  also  below,  this  title,  Sectarian  Institutions. 

Property  or  credit  of  not  to  be  given  or  loaned  to  any 
college,  school,  etc..  under  direction  or  control  of  any 
church   or    religious    or    sectarian    denomination.       (S.    C. 

XI  9.) 

Prohibited  from  voting  public  money  for  sectarian  school  . 
colleges  or  universities.      (Cal.  IV  30.) 

School  district  not  to  make  appropriation  or  pay  from  any 
public  fund  or  grant  anything  to  or  in  aid  of  religious 
sect,  church,  creed  or  sectarian  purpose  or  help  to  support 
or  sustain  any  school,  college,  university,  hospital  or  other 
institution  controlled  by  any  religious  creed,  church  or 
sectarian  denomination,  but  this  does  not  prevent  legis- 
lature granting  aid  to  institutions  for  the  support  and 
maintenance  of  dependent  children  and  indigent  aged 
persons  authorized  by  constitution.      (Cal.  IV  30.) 

Joint  Otonership 

Not  to  become  joint  owner  with  any  person  or  corporation, 
"  public  or  private  ",  "  in  or  out  of  state  "  except  such 
OwnefBhip  as  may  accrue  to  school  district  jointly  with 
any  person,  company  or  corporation  by  forfeiture  or  sale 
of  real  estate  for  mm  payment  of  taxes  or  by  donation  or 
devise  for  public  use  or  by  purchase  by  or  on  behalf  of  any 
or  either  of  them  jointly  with  any  or  either  of  them  under 
execution  in  cases  df  crimes,  penalties  or  forfeitures  or 
recognizance,    breach    of     condition     of     official    bonds,    or 

19 


578  State  Constitutions 


EDUCATION    (Cont'd) 

S<  Boot  Districts   i  Cont'd) 

Expenditures    [Cont'd) 

Joint   Ownership    (Cont'd) 

of  bonds  i"   secure   public  money  or   the  performance  of 
any  contract  in  which  they  or  any  of  them  may  be  jointly 
or  severally  interested.     (Colo.  XI  2.) 
Funds 

Be*   also  above,  this  title,  Fr.\i>.s. 

tody  of 

Legislature  to  pass  suitable  laws  for  safe-keeping  of  school 
district  funds;  persons  charged  therewith  to  give  se- 
nility; and  legislature  to  pass  laws  making  embezzle- 
ment thereof  felonj  and  part  of  punishment  to  be  dis- 
qualification  from  holding  office  of  honor  or  emolument 
in  Bchool  (list riit,  but  this  disability  may  be  removed  by 
two-thirds  vote  of  legislature  on  full  payment  principal 
and  interest  of  sum  embezzled.  (S.C.  X  12.) 
lib  gal  L  'se 

Making  profit  out  of  or  using  for  unauthorized  purposes  b\ 
public  officer  to  be  felony  and  punished  as  provided  by 
law.     (Colo.  X  13;  Ida.  VII  10;  Mo.  X  17;  S.D.  XI  11; 

Wyo.  XV  8.) 
/>/  General 

Neglecting  to  establish  and  maintain  a  school  for  at  least 
sis  mouths  in  every  year  to  be  deprived  of  share  in  public 

school  fund.      (Nev.   XI  2.) 

A  sliding  scale  arrangement  provided  for  distribution  of 
primary  school  interest  fund  in  accordance  with  needs 
of  school   districts.      (Mich.   XI  9.) 

Income  of  state  school  funds  to  be  disbursed  annually  on 
order  of  state  superintendent  to  county  treasurers  and 
thence  to  school  district  treasurers  in  proportion  to 
number  children  between  five  and  21  years  of  age.  No 
portion  to  go  to  district  not  maintaining  school  at  least 
three  months  each  year.     (Kan.  VI  4.) 

Intere-t  of  school  funds  to  be  apportioned  to  school  district* 
in  proportion  to  number  of  children,  six  to  21,  provided 
district  maintains  a  public  free  school  at  least  three 
months  during  the  year.      (.Mont.  XI  5.) 

A  district  maintaining  school  less  than  four  months  entitled 
only  to  part  of  school  fund  necessary  to  pay  teacher  for 
time  actually    taught.      (Miss.   VIII   20)5.) 

I  ailure  to  maintain  one  or  more  schools  at  least  three 
months  each  year  deprives  school  district  of  any  portion  of 
school    fund    for  that   year.      (Colo.   IX  2.) 

School  districts  failing  to  maintain  a  school  for  five  months 
oi  ,:"'1'  year  to  be  deprived  of  their  appropriation  of  thu 
public  school  interest  fund,  unless  they  provide  for  a 
Bimil&r  term   of   instruction  for  their  pupils  in  schools  of 

another  district.      (Midi.  XI  9.) 


Index  Digest  579 


EDUCATION    (Cont'd) 

ScnooL  Districts    (Cont'd) 
Funds    (Cont'd) 

Transfer  and  Disbursement  of 

Legislature  to  pass  suitable  laws  fur  and  officers  charged 
therewith  to  keep  accurate  entry  of  each  sum  received  and 
of   each    payment,   and    transfer,   and   to   give,   bond.      (S.C. 

X  12.) 
How  Constituted 

Legislature  may  divide  counties   into.      ( Fla.   XII    10.) 
Legislature  shall  provide  for  organization  of,  convenient  in  size, 
and  each  to  have  a  hoard  of  education  consisting  of  three  or 
more  directors;  elected  by  qualified  electors  of  district;   direc- 
tors to  have  control  of  instruction   in  schools  of  their  respec- 
tive districts.      (Colo.  IX  15.) 
Local   or   special    legislation   creating,    forbidden.      (Ala.    IV    104 

(22)  ;  Del.  II  19;  Minn.  IV  33;  Pa.  Ill  7.) 
Legislature  shall  provide  by  general,  special  or  local  law  for 
equitable  division  of  property  assets  and  liabilities  of,  between 
any  school  district  of  territory  of  Oklahoma  and  any  new- 
school  district  as  effected  by  change  in  county  boundaries 
under  constitution.  (Okla.  Sched.  32.) 
City  and  county  of  Denver  shall  alone  always  constitute  school 
district  No.  1,  its  affairs  to  be  conducted  by  board  of  educa- 
tion, constituted  and  elected  as  general  school  laws  shall  pro- 
vide ;  board  to  perform  all  acts  and  duties  as  required  by  gen- 
eral laws  of  the  state  which,  except  as  inconsistent  with  this 
amendment,  be  held  to  extend  and  apply  to  district  No.  1 ; 
upon  annexation  of  any  contiguous  municipality  which  in- 
cludes a  school  district  the  latter  with  their  property  shall  bo 
merged  in  district  No.  1  which  also  becomes  liable  for  obliga- 
tions and  indebtedness  of  any  school  district  so  merged ;  pro- 
vided both  principal  and  Interest  of  indebtedness  of  annexed 
district  shall  be  paid  by  it  from  special  tax  to  be  levied  upon 
its  property  located  within  its  boundaries  before  annexation. 

(Colo.  XX  7.) 
Any  incorporated  town  or  city  may  constitute  a.      (Fla.  XII  11.) 
City   or   town   may  be   made   by   legislature   separate   and   inde- 
pendent.     (Tex.  XI  10.) 
Each  county  to  be  divided  into  convenient  number  of,  with  one 
or  more  public   schools  In   each   county   at  least  four  months 
each  year.     County  commissioners  failing  to  comply  with  these 
requirements    liable   to    indictment.      (N.C.    IX    3.) 
Legislature  may  create  by  general  or  special  law  without  local 
notice    required    in    other    special    legislation.      Districts   may 
embrace  parts  of  two  or  more  counties.      (Tex.  VII   3.) 
Legislature  to  divide   counties   into   school   districts   of   not   less 
than    nine    nor    more    than    49    square    miles,    provided    area 
limits  do  not  apply  in  cities  of   10,000  inhabitants  or  more. 
New    districts    to    assume    full    liability    bonded    indebtedness 
of   all   parts   of  which   composed   and   support   of   all   schools 


580  State  (Destitutions 


EDUCATION    [Cont'd) 

School  Districts   [Cont'd) 

How  Constituted    [Cont'd) 

therein  and  laws  under  which  existing  graded  school  districts 
are  organized  not  repealed  by  this  section  but  to  remain  until 
changed  by  legislature.  (S.C.  XI  5.) 
Each  magisterial  district  to  constitute  a  separate  school  district 
unless  otherwise  provided  by  law.  Three  trustees  to  be 
selected  for  term   and  in  manner  prescribed  by  law.     (Va.  IX 

133.) 
To   remain    as   counties    are   now   divided   until    changed    by    law. 

(W.Va.   XII  fl.) 
Incorporation 

Special    or    local     legislation     forbidden.       (Minn.    IV     33;     S.C. 

Ill  34.) 
Judgments  Against 

Not  to  issue  on  judgment  against  school  district  or  against  any 
officer  therein  in  his  official  capacity  and  for  which  the  school 
district  is  liable;  such  judgment  shall  be  paid  out  of  the 
proceeds  of  a  tax  levy  and  when  so  collected  shall  be  paid  by 
the    "county    treasurer"    to    the    judgment    creditor.      (N.M. 

VIII  7.) 
Offices 

Hee  also    heloir,    this  ttuhdi Vision,   OFFICERS. 

Local  or  special  legislation  creating  or  prescribing  powers  and 
duties,  forbidden:  (Cal.  IV  25;  Ida.  Ill  19;  Minn.  IV  33; 
Mo.  IV  53;   Mont.  V  26 ;   NiD.  II  fi[);   Gkla.  V  4<6;  Pa.  Ill  7; 

Tex.    Ill    56;    Wyo.    Ill   27.) 
Officers 

Compensation 

Local    or    special    legislation    relating    to    the    compensation, 
salary  or  fees  of  or  the  mode  of  election   or  appointment 
thereto,  forbidden.      (Minn.   IV  33.) 
Election 

School   officers   to  be  elected   at  such   times   as  may  be  pro- 
vided  by  law.      (Utah  IV  9.) 
Election   of  officers  of  school   districts  to  be  separate  from 
elections  for  state  and  county  officers.      (Mont.  XI  10.) 
Fees 

To  he  required  by  law  to  keep  account  of  and  pay  into  proper 
treasury  all  fees  collected,  and  officer  whose  duty  it  is  to 
collect    shall    be    made    responsible    under    his    bond    for 
neplect  to  collect.      (Wyo.  XIV  2.) 
Loml  or  Special  Lair, 

Nee  also  above,  this  subdivision,  "Offices"  and  below,  thi* 

subdivision,  "  Regulating  Affairs  of  ". 
Local    or    special    legislation    creating   offices   or    prescribing 
powers   or  duties   thereof,   forbidden.      (Cal.   IV  25;    Ida. 
[II   19;  Minn.  IV  33;  Mo.  IV  53;  Mont.  V  26;  N.D.  II  60 
(32)  ;  Okla.  V  46;   Pa.  Ill  7;  Tex.  Ill  56;  Wyo.  Ill  27.) 


Ixdkx    Digest  583 


EDUCATION    (Cont'd) 

School   DISTRICTS    (Cont'd) 
Officers    (Con I'd) 
l'ruvisio?i  for 

Legislature    shall    provide    by    general    law    fur    necessary 
officers    and    prescribe    duties    and    compensation.      (S.D. 

IX  6.) 
Removal 

In   case   of   elected   officer   to   be    in    manner   and   for    cause 
prescribed  by  law.      (Mich.  IX  8.) 
Sex  Qualifications 

Women  eligible  for.  (Mont.  IX  10;  S.D.  IX  7.) 
Women  are  eligible  but  majority  of  qualified  voters  of  any 
school  district  may  by  petition  to  board  of  county  com- 
missioners suspend  women's  right  and  similarly  by  peti- 
tion restore  it;  county  commissioners  to  certify  its  sus- 
pension or  restoration  to  proper  district.  (N.M.  VII  1.) 
Regulating  Affairs  of 

Special  or  local  law  prohibited.      (Minn.  IV  33;  Okla.  V  40.) 
ScnooL  Elections 
Provision  for 

To  be  regulated  by  legislature  except  as  otherwise  provided  by 
constitution  and  specified  provisions  of  constitution  relating 
to  election  of  other  officers  not  to  apply.  (Ky.  155.) 
Elections  for  school  trustees  and  other  common  school  district 
elections  to  be  regulated  by  legislature  except  as  otherwise 
provided  in  constitution,  sections  145  to  154  of  which  for  gen- 
eral elections  do  not  apply.  (Ky.  155.) 
Qualifications  for  Voters 

See   also    ELECTIONS  —  Qualifications    and    Disqualifications 

of  Electors  —  Sex. 
Prescribed  by   law.      (Ariz.  VII  S.) 

Time  of 

See    also    above,    litis    I  ill,:,    School    Districts  —  Officers — ■ 

Election. 
To  be  held  at  different  times  from  other  eleetions.     ( X.M.  VII  1.) 

School  Funds,  See  above,  tliis  title,  "Funds",  "School  Districts  — 
Funds  ",  and  below,  this  title,  "  State  University'  —  Funds  ". 

SCHOOLHOUSES 

Proceeds  of  school  district  tax  may  bo  used  for  building  and  repair- 
ing schoolhouses  provided  distribution  among  all  schools  of  dis- 
trict be  equitable.      (Fla.  XII   11.) 

All  expenses  connected  with  erection  and  repair  of  echoed  buildings 
to  be  defrayed  as  provided  by  law.      (Del.  X  4.) 

Legislature  prohibited  from  passing  any  special  private  or  local  act 
to   regulate   building  or   repairing   schoolhouses.      (La.    48;    Minn. 
IV  33;   Mo.  IV  53    (19)  ;  Okla.  V  46;   Pa.  Ill  7;   Tex.  Ill  56.) 
School  Lands.  See  Public  Lands. 


(  3TITUTI0NS 


■ 

officers  in  school  districts,  See  above,  this 
title,   School   Districts  —  Officers. 

::ip*nsation 

to  be  paid  fixed  and  definite  salaries.      (Utah 

XXI  1.) 
ind  definite  salaries  to  be  fixed  by  legislature, 
led  by  constitution^  and  to  be  in  proportion  to 
rendered.     (Wyo.  XIV  1.) 
iri.t,  city,  county  or  town  to  be  paid  fixed  salaries 
and  i"  be  required  by  law  to  account  for  all  fees  and  pay 
proper  treasury.     (Utah  XXI  1,  2.) 
Dual  Office  Holding 

lie  Bchools  may  be  elected  to  fill  any  executive  or 
judicial  office.     (Ark.   XIX  26.) 

Election  or  Appointment 

ture    Bhall    provide    for    election    or    appointment    of    all 

define   qualifications,    powers,   duties,   compensation 

;    office.      Salaries   of   state   and   county,   and  com- 

ii  of  county  treasurers  fur  collection  and  disbursement 

1   moneys   not    to  be   paid   from  school  funds  but  be 

otherwisi    provided  for  by  legislature.     (S.C.  XI  3,  4.) 

at  Buch  time  as  prescribed  by  law.     (Utah  IV  9.) 
1-   ■ 

ired  bj    law  to  keep  correct  account  of  fees  collected 

into  proper  treasury;  and  officer  whose  duty  it  is 

■  ill.it  such  ues  shall  be  responsible  under  bund  for  them. 

(Utah  XXI  2.) 
-  required  by   law   to  keep  account  of  all 
ami  pay  Bame  into  proper  treasury.      ( Wyo.  XIV  2.) 
Qualifications 

i  1\  years  of  age  and  upwards  eligible  as.     (Pa.  X  3.) 
having    the   qualifications   of   male   electors    as   to    age, 
•  and  citizenship  may  vote  on  all  matters  pertaining 
and  are  eligible  for  any  school  office.     (N.D. 

V  128.) 

ng   other   qualifications    of    electors    eligible    to 

"id  al  o  to  hold  office  pertaining  to  (he  management 

"f    -'  1 Is.       (Minn.    VII    8.) 

ection  requiring  county,  township,  and  district 

'    be    electors    of    county,    township    and    district    in 

shall    prevent    holding   of   school   offices   by    any 

i   provided   in  article  VII,  section  9,  and  legislature 

prescribe  additional  qualifications  for  superintendent  of 

inconsistent  with  constitution.     (S.D.  IX  7.) 

having  qualifications  of  male  electors   as   to   age, 

Itizenship,  and   including  those  qualified  under 

"iy  may  hold  any  offiee  in  state  except  as  other- 

provided  in  (he  constitution.     (S.D'.  VII  9.) 


Index  Digest  583 


EDUCATION    (Cont'd) 

School  Officers  (Cont'd) 
Qualifications   (Cont'd) 

Women  eligible  fur  school  trustee.      (Nev.  XV  3.) 
Women    eligible    to    be   school   director    or    member   of    board    of 

education.      (N.M.   Vll  2.) 
Women   eligible   to   school   and   library    offices.      (Minn.    Vii   8.) 
Recall 

District  school  board  olheers  in  cities  of  first  class  may  be  re- 
called by  voters  at  special  election  on  petition  of  25  per  cent, 
of  votes  cast  for  all  candidates  for  district  school  board  office 
at  preceding  election;    and  35   per   cent,   for   officers  of   other 

school  districts.     (Wash.  I  34.) 
Removal 

State  board  of  education  has  power  of  removal  of  subordinate 
school  officers  for  cause  upon  notice  to  incumbent.      (Fla.  XII 

3.) 
School  Director 

Women  with  qualifications  of  male  electors  eligible  for.      (N.M. 

VII  2.) 
School  Trustees 

Women   eligible   with   certain    age   and   residence   qualifications. 

(Nev.  XV  3.) 
Legislature  may  divide  counties  into  school  districts  and  provide 
for  election  biennially  of  three  school  trustees  to  have  super- 
vision of  schools  of,  and  with  power  to  levy  and  collect  district 
school  tax  not  to  exceed  3  mills  for  exclusive  use  of  free 
schools  of  district  whenever  majority  of  qualified  electors  who 
pay  real  or  personal  property  tax  vote  for  same.      (Fla.  XII 

10.) 
Not  less  than  three  for  each  school  district  to  be  selected  from 
qualified  voters  and  taxpayers  therein  for  terms  and  as  legis- 
lature may  determine,  except  manner  of  selection  need  not  be 
uniform,  and   except  that  in   special  school  districts  now  ex- 
isting law  governing  same  shall  remain  until  changed  by  legis- 
lature.     (S.C.  XI  6.) 
Term 

Legislature   to   fix   terms   and   manner   and   time   of   electing  or 
appointing    other    officers    than    state    superintendent    having 
supervision  of  public  instruction.      (Wis.  X  1.) 
Such  even  number  of  years  not  exceeding  four  as  may  be  pre- 
scribed by  law.      (Ohio  XVII  2.) 
School  Taxes 

For   taxation  for  school  purposes,   See  "  Taxation  —  Objects  and 
Kinds    of   Taxation — Poll   Taxes"   and   "  Taxation — School 

Taxes  ". 
Schools  for  White  and  Colored 

Separate  schools  shall  be  provided  and  impartial  provision  made  for 
both.      (Del.   X  2;    Fla.   XII   12;   N.C.   IX  2;   Okla.   XIII  3;   Tex. 

•       VII  7.) 


I  TIUNS 


mall  be  provided  and  no  child  of  either  race  per- 
,,.  ]  provided  fur  other.      (Ala.  XIV  250;  S.C. 

XI  7.) 

Spanish   descent    not    to    be    denied    full    privileges    of 

pub]  and  not  to   be  segregated  in   separate  schools  but 

full  equality  with  other  children  in  public  schools  and 

nal  institutions  of  state  under  penalty  for  violation  to  be 

.Mature;  three-fourths  vote  of  electors  voting  in  whole 

and   two-thirds  of  those  voting  in  each  county   required  to 

amend  this  Bection.     (N.M.  XII  10.) 

No  distinction  or  discrimination  to  be  made  on  account  of  sex,  race 

r  color.     (Wash.  IX  1;  Wyo.  VII  10.) 

distinction  or  classification  of  pupils  allowed  on  account  of  race 

or    color.       (Colo.    IX    8.) 

Win!.-  and   ccb >red  persons  not  to  be  taught  in  same  school.     (Ga. 

VIII    1;    Ky.    187;    La.   248;    Miss.   VIII   207;    Mo.    XI   3;    Okla. 

I  5;  Tenn.  XI  12;  Va.  IX  140;  W.Va  XII  S.) 

Legislature  may  make  appropriation  to  one  college  or  university  for 

education  <>f  colored  persons.     (Ga.  VIII  Sec.  VI.) 

Books  and  Supplies 

■  n  of  vested  in  state  board  of  education.      (Va.  IX  132.) 

Stut.-  board  of  education  to  provide,  compile  or  cause  to  be  compiled, 

and   adopt   uniform  series  of  text-books  for  day  and  evening  ele- 

mentarj  Bchools;  and  may  require  superintendent  of  state  printing 

tn  print  .-ami-,  and  shall  distribute  same  free  of  cost  to  all  children 

tiding    elementary    schools,    under    conditions    prescribed    by 

legislature.     Text-books  so  adopted  shall  continue  in  use  not  less 

than    four  years  without   changes  necessitating   furnishing  pupils 

with  new  books.     (Cal.  IX  7.) 

Pupils    m    primary   grades   or   public   schools   in   parish   of   Orleans 

unable  tu  furnish  requisite  books  shall  upon  proper  certification  of 

that   fa.t  be  given  books  to  be  paid  for  out  of  the,  school  fund  of 

i-  parish  and  the  school  board  is  directed  to  appropriate  not  less 

tan    $2,000    annually    if    so   much    is    needed    for    this    purpose. 

(La.  261.) 

S,t !  ''  "J  ' k*  •»  be  supplied  to  children  attending  public  schools 

where   parents  or  guardians   by   reason   of  poverty   are  unable  to 

furnish.      (Va.  IX  139.) 
all  be  uniform  system  of  school  text-books  not  to  be  changed 
more  Mian  once  in  six  years.     (N.M.  XX  17.) 

shall   provide  uniform  system  of  school  text-books   for 

common  schools.      (Okla.  XIII  6.) 

legislature  nor  state  board  of  education  to  prescribe  use  of 

text -books.     (Colo.  IX  16;  Utah  X  9.) 

»re  nor  superintendent  of  public  instruction  to  pre- 

used  in  schools.     (Wyo.  VII  11.) 


Index  Digest  585 


EDUCATION    (Cont'd) 

School  Text-Books  and  Supplies    (Cont'd) 

No  teacher,  school  officer  or  public  official  may  be  interested  in  sale, 
proceeds  or  profits  of  text-books,  apparatus  or  furniture  used  In 
any  school  with  which  said  teacher  or  officer  is  connected,  under 
penalties  fixed  by  legislature.      (111.  VIII  4;  Miss.  VIII  210;  S.D. 

VIII  17.) 

No    one   connected    with    state    school    system    or    state    educational 

institutions  to  be  interested  in  prolits  of  books  or  anything  used 

therein  under  penalties  prescribed  by  law.     This  does  not  apply  to 

any  work  written  or  thing  invented  by  such  person.  (VV.Va.  XII  9.) 

Sectarian  I  institutions 

For  profiibition  of  religious  tests  for  teachers  or  students  in  educa- 
tional institutions  and  sectarian  control  of  common  schools,  See 
above,   this   title,  Common  Schools  —  Management. 

Sec  also  below,  this  title,  Sectarian  Instruction. 

Public  moneys  not  to  be  appropriated  for  sectarian  schools.  (Ariz. 
IX  10;  Colo.  V  34,  IX  7;  Fla.  XII  13;  La.  253;  Mass.  Amend. 
XVIII;  Minn.  VIII  3;  Aliss.  \  III  20&;  Mont.  XT  8;  Nev.  XI  10; 
N.H.  II  S2;  N.M.  XII  3;  N.D.  VIII  152;  Okla.  II  5,  XI  5;  Ore. 
I  5;  S.C.  XI  0;  S.D.  VI  3,  VIII  16;  Tex.  1  7;  Utah  X  13;  Wash. 
IX   4,    XXVI;    Wyo.    VII    S.) 

No  public  money,  lands,  property  or  credit  to  aid  of  sectarian 
schools.    (    111.  VIII  3;   Mo.  XI   10;   N.M.  XII  3;  N.Y.  IX  4;   S.D. 

VIII    10.) 

Public  money  or  property  not  to  be  appropriated  or  used  for  benefit 
of  sectarian  schools.      (Ida.  IX  5;  Okla.  II  5,  XI  5;  Tex.  I  7.) 

No  money  raised  for  public  schools  to  be  appropriated  for  sectarian 

schools.      (Ala.  XIV  263;  Pa.  X  2.) 

No  money  to  be  drawn  from  treasury  for  benefit  of  theological 
seminaries.     (Mich.  II  3;  Minn.  I  16;  Ore.  I  5;  Tex.  I  7;  Utah  X 

13;  Wis.  I  IS.) 

No  appropriations  nor  public  funds  to  be  used  in  aid  of  any  church, 
school  or  educational  institution  controlled  by  any  church  or  sec- 
tarian denomination.      (Colo.  IX  7.) 

Neither  legislature  nor  any  county,  city  and  county,  township,  school 
district  or  other  municipal  corporation  shall  help  to  support  or 
sustain  any  school,  college  or  university  controlled  by  any  religious 
creed,  church  or  sectarian  purpose.      (Cal.  IV  30.) 

No  appropriation  or  payment  from  school  fund,  or  grant  of  land  or 
property  to  be  made  by  legislature,  county,  city,  town  or  school 
district  to  aid  school  or  educational  institution  controlled  in  part 
or  whole   by   any   church,   sect   or   denomination   or   for   sectarian 

purpose.      (Mont.  XI  8.) 

No  portion  of  public  school  fund  to  go  to  any  private  school  or 
school,  academy,  seminary,  college  or  institution  controlled  by  any 
church  or  sectarian  organization.      (Wyo.  VII  8.) 

No  part  of  proceeds  of  school  lands  to  be  used  for  support  of  any 
religious  or  sectarian  school,  college  or  university.      (Okla.  XI  5.) 


I  loNSTITUTIONS 


now    ■ 

I'll) 

us  or  gifts  of  public  property  or  funds  not  to  be 

hoola   or  colleges  directly  or  indirectly  when 

wholly   or    in    part    under   direction   or   control    of   any    church   or 

religious  i  ian  denomination,  society  or  organization.     (S.O. 

XI  9.) 

portion  of  Bchool  fund  to  be  used  for  sectarian  schools.  (Ky.  189.) 

,1  fund  not  to  be  used  for  sectarian,  church  or  denominational 

schools.      (Del.  X  3.) 
religious  or  other  sect  to  have  any  right  to  or  control  over  any 
pai  •  hool  funds.     (Ohio  VI  2.) 

No  religious  seel  to  control  any  school  or  educational  funds  of  state. 

(Miss.  VIII  208.) 
No  religious  m  ts  to  control  any  part  of  common  school  or  university 

funds.      (Kan.    VI    8.) 

R]  \\    [NSTBUCl  ion 

Prohibited  in  public  educational  institutions  of  state.      (Ariz.  XI  7, 

XX   7:   Cal.   IX  8;   Colo.  IX  8;   Mont.  XI  9,  Ord.  I  4;  Nehr.  VIII 

11;   NYv.  XI   9;   XII.  II  82;  N.M.  XXI  4;  N.D.  VIII  147;  Okla.  I 

5;   S.D.  VIII    16,  XXVI    IS    (4);   Utah  X   1,  Ord.  Ill;  Wis.  X  3; 

VVyo.   Ord.   5.) 
Prohibited   in  State  University.      (Wis.  X  6.) 

Scl 1  districts  allowing  lose  their  share  of  public  school  fund.   (Nev. 

XI  2.) 

rantee  of   freedom  of  worship  and  to  hold  religious  sentiments 

not  to  be  construed  to  exclude  Holy  Bible  from  use  in  any  public 

school.     (Miss.  Ill  18.) 
Compulsory    attendance   on    religious   service   not  to   be   required    of 
teachers  or  students  in  public  schools  or  educational  institutions 
of  Btate.     (Mont.  XI  9;  X.M.  XII  9;  Wyo.  VII  12.) 
:•<■-  ob  Discriminations 
also  below,  this  title,  State  Univebsity — Admission. 

llowed   in   public  schools.      (Kan.  II  23;   Wash.  TX   1;   Wyo. 

VII    10.) 
-   hoolb,  Colleges  and  Universities 

ication  of  blind,  deaf  and  dumb,  feeble-minded  and  idiots,  See 
under   thesi    subdivisions   under   till'  Charities. 

■     this  till-.  Common  Schools  —  Scope  of  System. 

this    title,    "Industrial    Schools  ",   "  Nobmal 

■    AGRICULTURAL     AND     MECHANICAL     COLLEGE  ",     "  Me- 

",    'Mining    Instruction",    "  AcrBicuLTUBAL    Col- 
leges ". 
liversitj    for  education   of  persons   of  color,   recognized 
lion    for    maintenance    and    support   not    to    exceed 
r   annum.      (La.   257.) 

tool    or    other    educational    or    charitable    institution 
Wahpeton  will,  grant  of  40,000  acres  or  land.      (N.D. 

XIX  216.) 
>  n  i  confirmed.     (Conn.  VITT  1.) 


Index  Digest  587 


EDUCATION    (Cont'd) 

Special  Schools.  Colleges  and  Universities   (Cont'd) 

Leland  Stanford  Junior  University,  trusts  and  estates  of  approved 
and  confirmed.  Legislature  permitted  to  grant  corporate  powers 
and  privileges,  and  to  exempt  its  personal  and  real  property  from 
state,  county  and  municipal  taxation  under  speciiied  conditions 
provided  residents  of  California  are  charged  no  tuition  except 
such   fees   as  legislature  may   authorize.      (Cal.   IX    10.) 

Harvard  College,  powers,  privileges,  etc.,  of  president  and  fellows 
confirmed;  likewise  gifts,  grants,  etc.,  confirmed  and  government 
of  the  university  provided  with  power  in  the  legislature  to  alter 

or  amend  the  same.     (Mass.  V  1.) 

Legislature  prohibited  from  passing  any  special,  private  or  local 
act  for  management  or  support  of  private  schools  incorporating 
same  or  granting  privileges.      (Miss.   IV   90.) 

Legislature  may  establish  agricultural  schools.      (Va.   IX   137.) 

Legislature  shall  establish  uniform  system  of  free  public  schools  and 
as  soon  as  practicable,  establish  schools  of  higher  grade.      (Miss 

VIII  201.) 

Laws  to  be  passed  to  enable  cities  and  towns  to"  maintain  free 
high,  industrial  and  commercial  schools.      (Ariz.  XI  9.) 

Supervision  of  schools  of  higher  grade  vested  in  state  board  of 
education  as  law  shall  provide.      (Fla.  XII  3.) 

School  of  forestry  located  at  Bottineau,  with  allotment  of  land 
granted  by  United  States.     (XT.D.  XIX  216.) 

Manual  training  and  technical  schools  and  such  grades  of  schools 
as  shall  be  for  the  public  good,  legislature  may  establish.      (Va. 

IX   137.) 

New  Mexico  military  institute  at  Roswell;  provision  for  support 
and  government  of.      (N.M.   XII    11,    13.) 

State  Board 

Compensation 

None,  allowed.      (Ariz.  XI  3.) 
Expenses 

Legislature   shall   provide   for   traveling  -of   appointed   members. 

(S.C.   XI   2.) 
Legislature  shall  provide  for  contingent.      (N.C.  IX   12.) 
Allowed.     (Ariz.  XI  3.) 
How  Constituted 

Consists  of  governor  as  chairman,  state  superintendent  of  educa- 
tion as  secretary,  and  not  exceeding  seven   persons  appointed 
by  governor  every   four  years.      (S.C.   XI   2.) 
Governor,   comptroller   and   secretary   of   state.      (Tex.   VII    8.) 
Superintendent     of     public     instruction,     president,     and     until 
otherwise  provided  by  law  to  consist  of  governor,  secretary  of 
state,  auditor-general  and  superintendent.      (Okla.   XIII  5.) 
Governor,  president  ex  officio,  lieutenant-governor,  secretary   of 
state,  treasurer,  auditor,  attorney-general,  and  superintendent 
of    public    instruction    as    secretary    ex    officio.     Majority    a 

quorum.      (N.C.  IX  8,  7,  9.) 


;,ss  State  ( 'onsith  tions 


EDUCATION    [Cont'd) 
State  Boabd   [( 'ont^d 

How  Constituted    [Cont'd) 

As    provided    by    law    with    state    superintendent    a    member    ex 

officio.  (Ida.  IX  2.) 
Seven  members,  governor  and  superintendent  of  public  in- 
struction, ex  officio  ami  live  appointed  by  governor  with  consent 
of  senate,  to  include  head  of  some  state  educational  institu- 
tion. ;i  county  superiiiteh'denl  of  schools,  and  one  other  con- 
nected with  educational  work.  Legislature  may  provide  for 
district  or  other  school  officers  subordinate  to  board.      (N.M. 

XII  (i.) 

Secretary  of  state,  attorney-general  and  superintendent  of  public 

education.     Superintendent   and  one  other  a  quorum.      (Miss. 

VI II  203.) 
Superintendent  of  public  schools,  president,  and  governor,  secre- 
tary of  state  and  attorney -general  ex  officio  members.      (Mo. 

XI  4.) 
Consists   of   four   members    elected   for    term   of   six   years,   one 
at   each    succeeding   biennial    spring   election.      (Mich.    XI   6.) 
Consists  of  governor  as  president,  secretary  of  state,  attorney- 
general,    state   treasurer    and   state    superintendent   of    public 
instruction    as    secretary.       (Fla.    XII    3.) 
Consists  of  superintendent  of  public  instruction  and  such  other 

persons   as   legislature   may   provide.      (Utah   X   8.) 
Superintendent  of  public  instruction   a.3  president,  secretary  of 

state   and    attorney-general.       (Colo.    IX    1.) 
Legislature  shall  provide  for  appointment  or  election  of.      (Cal. 

IX  7.) 
Legislature  shall  provide. for  creation  of.      (La.  250.) 
(Jovernor,    superintendent    of    public    instruction,    president    of 
the    university    and    principals    of    state    normal    schools,    cr 
officio,   and   a  city   superintendent  of   schools,   a   principal   of 
a   high   school,   and   a   county   superintendent  of   schools,   ap- 
pointed by  governor.      (Ariz.   XI  3.) 
Composed  of  governor,  attorney-general,  superintendent  of  pub- 
lic instruction   and  three  experienced  educators  elected  quad- 
rennially  by   the   senate   from   list  of   eligkbles   nominated  by 
University  of  Virginia  and   other  state  institutions  specified. 
Vacancies    tilled    for    unexpired    term    by    the    board.       (Va. 

IX  130.) 

Powers  and  Duties 

As   prescribed    b'j    law.      (Ariz.    XI    3;    Call   TX   7;    Colo.   IX    1; 
Mich.   XI    0;    Miss.  VIII  203;    Okla.   XIII   5;   S.C.  XI  2;  Tex. 

VII  8.) 
State  Buii.di.nu.s 

Supervision    of   vested    in    state   superintendent   of   education.      (Fla. 

IV  25.) 


Imikx    Digest  589 


EDUCATION    [Cont'd) 
State  Function 

Here    arc   found    only    general   provisions    committing    state    to    en- 
couragement and  support,  of  educational  interests. 
See  also  above,  this  title,  "Common  S<?HOQLS .',',  "  Special  Schools, 
Colleges    and    Universities",    and    below,    this    title,    "State 

University  ". 

Duty  of  legislature  to  cherish  interests  of,  especially  the  university 

at  Cambridge,  public  schools  and  grammar  schools  in  towns  and 

private  societies  for  promotion  of  agriculture,  arts,  sciences,  etc. 

(Mass.  Ft,  II  Ch.  V  2.) 
Duty    of    legislature    to    encourage    schools    and    the    means    of    in- 
struction.     (Nehr.  I  4.) 
Educational    institutions    to    he    established    and    supported    by    the 
state   as  public  good   may   require   and   as   may  be  prescribed  by 

law.      (Colo.   VIII    1;    Okla.   XXI    1.) 

Duty  of  legislature  to  promote  and  to  adopt  all  means  necessary 

and   proper  to  secure  to   people  advantages   and   opportunities  of 

education.      (R.I.   XII    1.) 
Schools    and    the    means    of    education    to    be    forever    encouraged. 

(Mich.  XI   1;   N.C.  IX  1.) 
Duty    of    legislature    to    cherish    literature    and    science.       (Tenn. 

XI  12.) 

Educational  institutions  and  those  for  benefit  of  insane,  blind,  deaf 

and  dumb  as  public  good  may  require  shall  be  established   and 

supported  by  state.      (Ida.    X    1.) 
Legislature  shall  foster  and  encourage,  moral,  intellectual,  scientific 
and  agricultural   improvement,  and   make  provision  for  organiza- 
tion of  such  institutions  of  learning  as  best  interest  of  general 
education   in   state  may  demand.      (W.Va.   XII    12.) 
Duty    of    legislature    to    encourage    and    endow    academies,    colleges 
and    seminaries   of   learning   but   legislature   must  make   such   en- 
dowment  conditional   on   reservation   of   power   to   alter,  limit   or 
restrain  powers  of  such  institutions.      (Me.  VIII.) 
Legislature   shall   encourage   intellectual,   scientific,   moral   and   agri- 
cultural  improvement.      (Cal.  IX  1.) 
Duty  of  legislature  to  encourage  schools  and  the.  means  of  instruc- 
tion.    (Ohio  I  7.) 
Legislature  shall   encourage   and   advance   sciences   and   liberal   arts. 

(Wyo.  I  23.) 
People  have   right   to  the   privileges   of,   which   it   is   duty   of   state 

to  guard  and  maintain.      (X.C.  I  27.) 
Educational    institutions   other   than    existing    state   institutions   or 
those  provided  for  in  the  constitution  shall  not  be  established  ex- 
cept  upon    two-thirds    vote    of    members   elected    to    each   house   of 

legislature.      (La.  60.) 
State  University 

Here  arc  digested   provisions   relating   alone    to   state   universities; 
for  provisions  relating  to  state  institutions  in  general,  Sec  State 

Institutions. 


Si.\  I        fSTITUTIONS 


lTIOM      ' 

it'd) 

Admission 

r,  to  students  of  both  sexes.      (Ariz.  XI  6;   Wyo.  VII   16.) 
Colleciate  departments  to  be  open  to  both  sexes.      (Cal.  IX  9; 

Mont.  XI  9.) 
o  students  irrespective  of  race  or  color.      (Wyo.  VII  16.) 

Buildings 

to    lie    levied    nrul    no    money    appropriated    out    of    the 
ernl   revenue   for  establishment  and   erection   of  buildings 
of  the  University  of  Texas.     (Tex.  VII  14.) 

Bonds 

Details  of  arrangements  for  separation  of  liability  for  university 
bonds  and  payment  for  same  after  separate  organization  of 
states  of  North  and  South  Dakota.     (S.D.  XIII  6.) 

Colored  Branch 

rjislaturc  shall  when  deemed  practicable  establish  and  provide 
fnr   maintenance   of   a   college   or   branch   university;    but   no 
ill   be   levied   and   no  money   appropriated   out   of   the 
genera]  revenue  for  this  purpose.      (Tex.  VII  14.) 
Fiee  Instruction 

To  be  free  as  nearly  as  possible.      (Ariz.  XI  6.) 
Instruction    to  he   free,  and  legislature  to   provide   for   special 
tax    to    provide    additional    income    if   that    from    grants    and 
other  sources  is  not  sufficient  to  furnish  instruction  as  nearly 
free  as  possible.     (Wyo.  VII  16.) 
Funds 

(//.so  abovt ,  this  title,  Funds. 

ietary  of  state,  treasurer  and  attorney-general  constitute 
board  of  commissioners  for  sale  of  school  and  university  lands, 
and   for  investment  of  funds  arising  therefrom.     Any  two   a 

quorum.     (Wis.  X  7.) 
ture   to    provide    special    tax   not    to    exceed    2    mills    on 
dollar  of  taxable  property  in  state  in  addition  to  other  means 
provided  for  support  and  maintenance  of  university  and  com- 
mon schools.      (Ncv.  XI  6.) 
w.    religious   sects   to   control    any    part   of   common    school    or 

university  funds.     (Kan.  VI  8.) 
Proceeds   of   lands  granted  by  United   States   for   support   of   a 
liversity  to  be  a  perpetual  fund,  interest  to  be  appropriated 
f'.r  support  of  state  university.      (Wis.  X  G.) 
Proceeds  of  Fair  or  rent  of  lands  granted  by  United  States  for 
university  and  all  other  grants  or  gifts  for  this  purpose 
II    remain   a   perpetual   fund,   interest   of   which   to   go   to 
port  of  university.      (Kan.  VI  7.) 
ids  of  Mate  university  and  of  all  other  state  institutions  of 
learning  to  be  inviolate  and  invested  under  regulation  of  law 
!   guaranteed   by   state   against   loss   or   diversion.      (Mont. 

XI  12.) 


Index  Digest  591 


EDUCATION    (Cont'd) 

State  University  {Cont'd) 
Funds    (Cont'd) 

Seminary  fund  for  support  of  university  and  agricultural  and 
mechanical  college  declared  to  be  $136,000,  proceeds  of  sale  of 
lands,  etc.,  shall  be  perpetual  loan  to  the  state  upon  which 
it  shall  pay  the  4  per  cent,  annual  interest.      (.La.  259.) 

Board  of  regents  shall  have  exclusive  control  and  direction  of 
all  funds  of  and  appropriations  to.      (Colo.  IX  14.) 

Legislature  to  provide  not  less  than  $36,000  annually  as  interest 
on  the  funds  of,  heretofore  covered  into  the  treasury  for  sup- 
port of  university.      (Ala.   XIV  205.) 

May  be  invested  in  the  bonds  of  any  county,  school  district, 
city,  town  or  village  of  the  state  when  approved  by  the  board 
of  commissioners  and  provided  the  indebtedness  so  incurred 
does  not  exceed  15  per  cent,  of  assessed  valuation  of  taxable 
real  property  of  school  district,  etc.,  and  provided  interest 
rate  is  not  less  than  3  per  cent,  and  loan  is  made  for  a  term 
not  less  than   live  nor  more  than  20  years.      (Minn.   VIII    li.  i 

Permanent  university  fund  consists  of  certain  lands  and  pro- 
ceeds thereof  together  with  all  grants,  donations  and  appro- 
priations made  by  state  of  Texas  or  from  any  other  source, 
to  be  invested  in  state  of  Texas  bonds  or  United  States  bonds, 
and   legislature   to   appropriate   interest   for   state   university. 

(Tex.  VII  11,  12,  15.) 

Proceeds  of  section  13  in  every  portion  of  the  state  to  be  appor- 
tioned by  legislature  among  educational  institutions  as  fol- 
lows: University  of  Oklahoma,  one-third.  However,  said 
land  or  proceeds  of  sale  or  of  indemnity  lands  granted  in 
lieu  of  section  13  shall  be  invested  and  preserved  as  a  trust 
never  to  be  diminished  but  may  be  added  to  and  income, 
interest,  rentals  only  to  be  used  exclusively  for  said  educa- 
tional institutions,  which  shall  remain  under  the  exclusive 
control  of  the  state.      (Okla.  XI  5.) 

Money  or  property  belonging  to  state  for  benefit  of  university 
never  to  be  used  for  other  purposes.      (Ark.  XIV  2.) 

Funds  accrued  from  rents  or  sale  of  university  lands  or  other 
sources  shall  remain  a  permanent  fund  for  support  of  uni- 
versity, and  legislature  shall  provide  for  improvement  and 
permanent   security  of  said   funds.      (Iowa  IX  2,  5.) 

Such   portion   of   interest   of   school   fund    as   may   be  necessary 

may  be  appropriated  for  support   of  state  university.      (Nev. 

XI  3.) 
Lands.  Pre  Public  Lands. 

Management 

Regents  to  have  general  supervision  of  and  control  and  direction 

of  funds   and   appropriations   to   under   regulations  prescribed 

by  law.      (Ida.  IX   10.) 

Regents    of    and    governing    boards    of    other    state   educational 

institutions  to  be  appointed  by  governor.     Governor  ex  officio 

member  of  board  of  regents.      (Ariz.  XI  5.) 


- 


Ma' 

.    and   cl  w   that    two   Bhall   be 

£ or   a    term    ui    aix    years.      (Colo. 

IX  12.) 

•   eight  memberB  holding  office  for 

h  regular  biennial  spring 

Ued    by    appointment    by    the    governor. 

-    and    thei:  -    as    a    body    corporate 

:     the     i  rsity     of     Michigan. 

.lent  who  with  superintendent  of  public 

e  member.-  of  board  of  regents,  with  privi- 

•   :ig  but  not  voting.     President  of  the  univers  I 

■  :    and    principal    executive    officer 

the  university;   the  board  to  have  general   supervision  of 

and    direction    and    control    of    university    funds. 

(Mich.  XI  3,  4,  5.) 

.;    control  oard   of   education    consisting    of   gov- 

tendent    of    public    instruction    and    attorriey- 

and  eight  members   appointed  by  governor 

by  senate.      (.Mont.   XI    11. J 

ition   of   regents   of   the   university   continued   as   created 

in     17  ji.-lature     empowered     to     iru  I  modify     or 

dimini-!i  it-  corporate  power.-  which  Bhall  be  exercised  by  not 

ine  regents,      i  N.Y.  IX  2.) 

for  electi  •     of  Uni- 

I    Lrolina.      [N.C.    IX   6.) 
irerned  under  direction  of  legislature  by  board  of  six  regents, 
elected    by   the   p  •     withoul    corn- 

actual    expenses.     Duties    and    powers    pre- 

r.  VII    . 
•       g  r.eral  election  to  be  classified  by  lot, 
e  for  term  of  two,  four   and  six   years.      (Nebr. 

XVI  22.) 

II  provide  for  management  of  by  board  of  regents 

re  members   appointed   for   four  year-   by 

<>t  with  consent  of  senate  and  not  more  than  three  of 

I    |  irtj       •    time    of    appointment;    duties    pre- 

.xii  i: 

•  a  board  of  live  members,  with  power  of 
pointed    by   governor,   con- 
ad    restrictions  as   legislature 
D.  XIV  3.) 

f  and  boards  of  trustees  or  managers  of  state 

y  be  authorized  by  legislature  to 

.  one-third  to  be  elected  or  appointed 

filled   as  provided   by  law. 

(Tex.  XVI  30a.) 

ride    for    man.  of    by    board    of 

ven  members  appointed  by  governor 

ate;   president  of  and  superin- 


I.\I)K\     Dh.KST  •"'•'•"' 


EDUCATION    (Cont'd) 

State  Univebsitx   [Cont'd] 
Management   (Cont'd) 

tendent  of  public  instruction  to  be  members  ex  o/Jiciu  of  board 
without  vote;  duties  and  powers  of  board  to  be  prescribed  by 

law.     (Wyo.  VII  17.) 

To  be  managed  by  board  of  trustees  consisting  of  two  members 
rfrom  congressional  district  in  which  it  is  located,  one  from 
each  of  the  other  congressional  districts  in  the  state,  and  the 
superintendent  of  education  and  the  governor  as  ex  officio 
president  of  the  hoard.  Elected  ihemb'efs  bold  office  \~ 
years.  Members  elected  to  lill  vacancies  by  other  members 
and  confirmed  by  senate.  If  senate  rejects  it  then  elects. 
Members  serve  without  pay  other  than  actual  expenses.      (Ala. 

XIV  2G4.) 

Government  of  vested  in  board  of  nine  curators  appointed  by 
governor  and  confirmed  by  senate.      (Mo.  XI   5.) 

Legislature  to  provide  for  election  of  a  board  of  regents  for, 
and  define  their  duties.  Board  of  regents  from  its  first  funds 
to  organize  a  mining  department,  but  to  set  aside  in  separate 
fund  proceeds  of  public  lands  under  grant  of  1862  for  agri- 
culture and  mechanic  arts,  including  military  tactics,  for 
those  departments  and  state  to  guarantee  and  make  good  any 
loss  in  this  separate  fund.  (Nev.  XI  7,  8.) 
Organization  and  Maintenance 

See  also  cbboi)e,  this  s'il%)di>i>isiori.  Kr:-:i>s. 

Legislature   shall   provide   for.      (Kan.    VI    7;    N.C.    IX    6;    Tex. 

VII  10.) 

Legislature  shall  maintain   a   university.      (Mich.   XI   10.) 

Legislature  may  establish.      ('Nev.  XI  4.) 

Location  of,  and  of  school  of  mines  fixed  at  Grand  Forks,  and 
to  have  lands  granted  by  a'ct  <>f  Congress  February  22,  1889, 
subject  to   limitations  of   article  on   school   and   public   lands. 

(N.l).  XIX  215.) 

Legislature  shall  aid  and  maintain  from  public  school  fund 
whenever  that  fund  will  permit.      (Mo.  XI  5.) 

Legislature  may  provide  for  maintenance  of  University  of  South 
Carolina  and  the  YYinthrop  Normal  and  Industrial  College,  a 
branch  of  and  may  create  scholarships  therein.      (S.C.  XI  S.) 

Trustees  of  University  of  Georgia  may  accept  bequests,  dona- 
tions and  grants  of  land  or  property  for  university.  Legis- 
lature shall  in  addition  to  payment  of  annual  interest  on  debt 
due  by  state  to  university,  make  from  time  to  time  donations 
as  condition  of  treasury  may  permit.      (Ga.  VIII  Sec  VI.) 

Location  of  University  of  Idaho  confirmed  and  rights,  immuni- 
ties, franchises  and  endowments  heretofore  granted  also  made 

perpetual.      (Ida.   IX  10.) 

Legislature  cannot  'change  location  of  except  by  two-thirds  vote 
of  legislature  with  yeas  and  nays  entered  on  journals.      (Ala. 

XIV  267.) 

Louisiana  state  University  and  Agricultural  and  Mechanical 
College   founded    on    lands   granted   by    the   United   States    is 


State  Constitutions 


EDUCATION    (Cont'd) 

Organization  and  Maintenance  (Cont'd) 

jnized  and  all  revenues  derived  from  the  funds  donated 
by  the  United  States  fur  that  purpose  shall  be  appropriated 
lusively  for  their  benefit.  Legislature  shall  make  addi- 
tional appropriations  as  may  be  necessary  for  maintenance, 
support,  improvement  and  equipment.  TulaneJJniversity  also 
recognized  as  state  institution  and  to  be  developed  in  accord- 
ant «  with  legislative  act  July  5,  1884,  which  has  been  made 
a  part  of  the  constitution.  (La.  256.) 
],,  be  established  at  one  place  without  branches  and  university 
fund  to  be  applied  to  that  institution  and  no  other.  Uni- 
versity lands  and  proceeds  thereof  belong  to  permanent  fund 
for  sole  use  of,  interest  to  be  appropriated  annually  for  sup- 
port and  benefit  of.  Seat  of  permanently  established  at  Iowa 
city.  (Iowa  IX  Pt.  I  11,  Pt,  II  2,  XI  8.) 
University  of  California  constituted  a  public  trust.  Moneys 
derived  from  sale  of  public  lands  under  act  of  Congress  July 
■1.  1862,  and  amendatory  acts,  to  be  applied  to  maintenance 
of  at  least  one  college  of  agriculture,  and  legislature  to  see 
that    principal    of    this    fund    remain    forever    undiminished. 

(Cal.  IX  9.) 
University  at  Boulder  recognized  as  state  institution;  control 
and  management  of  to  be  regulated  by  legislature,  location 
of  and  grants,  gifts  and  appropriations  for  confirmed  for  use 
and  benefit  of;  regents  may  establish  and  maintain  all  but 
first  two  years  of  departments  of  medicine,  dentistry  and 
pharmacy  at  Denver.  University  extension  work  and  farmers' 
institutes  and  short  courses  may  be  carried  on  in   any  part 

of  state.      (Colo.  VIII  5.) 
Location  of  University  of  Minnesota  confirmed  and  rights,  im- 
munities,  franchises,  endowments   and  donations  perpetuated. 

(Minn.  VIII  4.) 
I  Diversity    of    New    Mexico    confirmed    as    a    state    educational 

institution.      (N-.M.  XII  11.) 
Provision  shall  he  made  by  law  for,  located  at  or  near  seat  of 
government  and  for  connecting  with  it  colleges  in  different  parts 
of  state  as  interests  of  education  may  require.      (Wis.  X  6.) 
Location   and   establishment  of   confirmed  and   all    rights,   fran- 
chises   and    endowments   heretofore   granted    are    perpetuated. 

(Utah  X  4.) 

nt    of    confirmed.     Lands   granted    by    Congress    for 

ml  all  other  grants,  donations  or  devises  for  to  vest  in  and 

clusively   used   for,  and  may  be  leased  by  land  commis- 

but   not    sold   except  on  terms   approved  by   Congress. 

(Wyo.  VII  15.) 
'  eleel   president  of,  to  hold  office  until  removed  by 
I   of   regents  for  cause,  and  to  be  ex  officio  member  o'f 
ard  without  vote  except  in  ease  of  tie;  to  preside  at  meet- 
ings of  board  and  he  chief  executive  officer  of  university  and 
member  of  faculty.      (Colo.  IX  13.) 


Index  Digest  595 


EDUCATION    (Cont'd) 

State  University  (Cont'd) 
Right  of  Eminent  Domain 

Regents  of  the  university  have  power  to  take  private  property 
for  the  use  of  the  university  as  prescribed   by   law.      ( Mich. 

XIII  4.) 
Superintendent 

Also  called  superintendent  of  public  instruction,  commissioner  of 
education,  state  school  commissioner,  superintendent  of  public 
schools,  state  superintendent  of  education,  suj>crintendent  of  edu- 
cation, state  superintendent  of  free  scltools. 
Under  this  Jieading  arc  digested  those  provisions  which  specifically 
refer  to  this  officer.  For  provisions  relating  to  all  officers  and  hence 
to  this  one,  See  the  title  Public  Officers. 

Accounts 

Account  for  all  moneys  received  by  him  and  make  report  thereof 
to  governor  under  oath  annually  and  at  other  times  as  gov- 
ernor may  require.  (N.M.  V  9.) 
Account  to  be  kept  of  all  moneys  received  and  disbursed  and 
semi-annual  report  thereof  under  oath  to  governor.  Officer 
making  false  report  guilty  of  perjury.      (111.  V  20;  Mo.  V  22; 

Nebr.  V  21;   YY.Ya.  VII  17.) 

Account  to  be  kept  of   all   moneys   received   and   disbursed   and 

semi-annual    report    thereof    under    oath    to    governor.      (Ida. 

IV  17.) 
Appointment 

By  governor  with  advice  and  consent  of  two-thirds  of  all  members 

of  senate.      (Pa.   IV  8.) 
By  governor.      (Ohio  VI  4.) 
Legislature   may   substitute   other   officer   or   officers   as   may  be 

necessary  to  perfect  school  system.      (Ga.  VIII  Sec.   II.) 
Secretary  of   state  to  discharge  duties  of,  until   otherwise  pro- 
vided by  law.      (Ark.  VI  21.) 
Bond 

Of  not  less  than  double  amount  of  money  that  may  come  into 
hands,  and  not  less  than  $50,000;  sureties,  and  approval 
"  thereof  ",   and   increase   of   penalties,   as   may   be   prescribed 

by  law.      (Nebr.  V  25.) 
Compensation 
Salary 

As    to    whether   salary  fixed   may    be   changed    by   larc,    See 
below,     this    subdivision,    Compensation  —  Increase    or 

Decrease. 

Fixed  by  law.      (Ala.  V  118,  XIV  262;  Colo.  IV  19;    111.  V 

23;   Ind.  VIII  8;   Kan.  I   15;  Ky.  96;   Mich.  XI  2;   Miss. 

VIII  202;  Mo.  V  24;  N.C.  Ill  15;  Okla.  VI  34;  Ore.  VIII 

1;    S.C.   IV  24,  XI    1;   Va.  IX    131;    YY.Va.   VII    19;    Wis. 

X  1.) 
Same;   not  to  exceed  $2,000.      (Ga.  VIII  Sec.   II.) 
Fixed  at  $1,500.      (Fla.  IV  29;   Ida.  IV  19;  Utah  VII  20.) 
Fixed  at  $1,800.      (S.D.  XXI  2.) 


State  Odi  '  [oNS 


.    N      i 

Comper                       I'd) 
ted  at  $2,000. 

(Nehr.  V  24; 

2,500. 

(Ariz.   V    13; 

Ney.  XVI 1  5;  N.D.  Ill  S4 ; 

Wyo.  IV  13.) 

Mont.  VII  4;   Okla.  Sched. 

15;   Wash.  Ill  22.) 

I  ixed    •  00,     (N.M.  V   12.) 

,;   |5,00a     (La.  249.J 

utary  of  state.      (Gal.  IX  2.) 

l»e  or  1>' i  "it*- 
flowed.      (Ariz.  V   13;   Ida.  IV   19;  Mont,  VII  4;   N.D.  Ill 

84;  Okla.  Sched.  15;   Utah  Vll  20;  Wy<>.  IV  13.) 
Allowed  after  eight   years  from  date  of  adoption  of  consti- 
tution.    (Fla.  IV  29.) 
Allowed   after    10   years   from   dale  of   actmission    as   state. 

(N.M.  V  12.) 
Increase  prohibited.     (S.D.  XXI  2.) 
Prohibited  during  official  term.      (Cold.   IV   19;   111.  V  23; 

Mo.  V  24;   Mont.  VII  4;   W.Va.  Vll   19.) 
Prohibited   during   term   for   which   elected.      (Ala.    V    118; 
Kan.   1    15;   NT.C.   HI    15;  N.D.  ill   84:  Okla.  634;   S.C.  IV 

24;  Wyo.  IV  13.) 
Prohibited    to   extent    that    it    affects   salary    during    term. 

(Ida.  IV  19,  V  27.) 
In,  i...  c     Unwed  but  not  to  exceed  $4,000.      (Wash.  Ill  22.) 
Prohibited    to    extent    that    it    affects    salary    during    term, 
unless  vacancy  occurs,  in  which  case  successor  to  receive 
salary   provided  by   law   at   time   of   election   or   ap- 
pointment,     (Utah  VII  20.) 
'ilit-r    Than   Hillary 
olumenf     or    allowance    other    than    salary,     prohibited. 

(N.C.  Ill   15.) 
Salary    to    he    in    full    payment    for    all    services    rendered. 

(N.M.  V   12.) 
Salary    to    be    in    full    for    all    services    rendered    in    official 
icitj    or  employment  during  term  of  office.      (Ida.   IV 
!!';    Mont.    VII    4;    Utah    VII    20.) 

tion    limited    to  salary.      (111.   V   23;    Ky.   96;    Mo. 
V  21;   Nebr.  V  24;   N.M.  V  12;  Okla.  VI  34;   W.Va.  VII 

19.) 

i   receive   additional   compensation   beyond   salary   for 

rendered    state   in   connection   with   internal    im- 

men<    fund    or    other    interests    belonging    to    state. 

(Fla.  IV  29.) 

Feea  for  performance  of  duties  not  to  be  received.      (Ida.  IV 

19;    Mont.  VII    I;   X.M.  y  12;   Utah  VII  20.) 

1    or    perquisites    for    performance    of    duties   not    to    be 

I.      (HI.  V  23;   Mo.   V  24;   Xebr.  V  24;   Okla.  VI 

•!4;   S.I).  XXI  2;  W.Va.  VII   19.) 


Index  Digest  597 


EDUCATION    (Cont'd) 

Superintendent    (Cont'd) 
Compensation    (Con I'd) 

Compensation  &theV  Tlicn  Saltiry  (Cifhi'd) 

Fees  or  perquisites  for  performance  of  duty  connected  with 
office  or  for  performance  of   additional   duty   imposed  by 
law  not  to  be  received      (New  XVII  5.) 
Costs  not   to  be  received.      (III.  V  23;    Mo.  V  24;   Nebr.   V 

24;    Okla.  VI   34;    YV.Va.   VII   1!).) 
Interest  on   public  moneys   in   hands  or  under  control,  not 

to  be  received  to  own  use.      (Nebr.  V  24.) 
Fees  and  profits  to  be  covered  into  treasury.      (N.l).  Ill  84; 

Wyo.  IV  13.) 

Fees   payable   by    law   to  be   paid    in   advance   into   treasury. 

(Colo*  IV   19;    111.   V  23;    Mo.  V  24;   Nebr.  V   24;    W.Va. 

VII   19.) 
Fees    payable    by    law    to    l»e    colled  ed    in    advance    and    de- 
posited with  treasurer  quarterly  to  credit  of  state.      (Ida. 
IV  10;   Mont.  VII  4;  Utah  VII  20.) 
Fees  collected   to  be  covered   into   treasury.      (Ivy.   93.) 

Expenses 

Legislature  may  provide  for  actual  and  necessary  expenses 
while  traveling   in   state  in   performance  of  official   duty. 

(Ida.  IV  19;  Utah  VII  20*) 

Shall  be  reimbursed  not  to  exceed  $500  in  any  one  year  for 

expenses   incurred   in   performance   of   duties   required   by 

legislature.      (W.Va.  XII  2.) 

Legislature  may  provide  for  payment  of  actual  or  necessary 

expenses   incurred   while   in   performance   of   official   duty. 

(Ida.  V  27.) 
Payment 

Quarterly.      (Ida.  IV  19;   Mont.  VII  4;   Nev.  XVII  5;  N.M. 

V  1 ;  Utah  VII  20. ) 
Deputy 

Women  eligible.      (Nev.   XV   3.) 

Dual  Office  Holding,  See  below,  this  subdivision,  Qualifications  and 

Disqualifications. 

Division  Superintendents 

Two  selected  by  state  board,  one  from  a  county  and  one  from 
a  city  to  hold  office  for  two  years  with  powers  and  duties 
identical  with  those  of  other  members  of  state  board  but  not 
to  participate  in  appointment  of  public  school  officials.      (Va. 

IX  130.) 
State  board  of  education  may  divide  state  into  appropriate 
school  divisions  comprising  not  less  than  one  county  or  city 
each  but  not  dividing  a  count}-  or  city,  and  subject  to  con- 
firmation of  senate  appoint  one  superintendent  for  each  divi- 
sion for  term   of  four  years,  prescribe  duties  and  remoTe  for 

cause.      (Va.  IX   132.) 


I  lONSTITUTlONS 


r 

EDUCATION      '    nt'd) 

[Cont'd) 

Election 

I  nder  this  subhead  are  digested  those  provisions  which  specifi- 

,  refer  to  this  officer;  for  provisions  relating  to  elections 

eneral,  See  the  title  Elections;  for  provisions  allowing  the 

ttablish    offices  and  provide  for   their  election 

appointment,    See    the    title    Public    Qfficebs.     See    also 

,  this  title,  "  School  Elections  "  and  "  School  Officers 

—  Election  ob  Appointment". 

to  Fill   Vacancy,  See  below,  thU  subdivision,  Vacancy 

in  Office. 

tested   Eh  i  I 

Determined  as  prescribed  by  law.      (Ida.  IV  2;   Mo.  V  25; 

Mont.   VJI   2.) 
Determined    by   legislature   in    manner    prescribed    by   law. 

(Ala.  V  115;   Wash.  Ill  4.) 

Determined  by  both  bouses  of  legislature  by  joint  ballot  in 

manner  prescribed  by  law.     (Colo.  IV  3;   111.  V  4;  Nebr. 

A'  4;    N.C.  Ill   3.) 
EU  dors 

Qualified  electors  of  state.  (Ala.  V  114;  Ariz.  V  1;  Cal. 
IX  2;  Colo.  LV  3;  Fla.  IV  20;  Ga.  VIII  Sec.  II;  Ida.  IV 
2;  III.  V  1;  hid.  \  III  8;  Kan.  I  1;  Ky.  91;  La.  249;  Mo 
V  2;  Mont.  VI  i  2;  Nev.  XI  1;  X.C.  Ill  1;  X.D.  Ill  82; 
Okla.  VI  4;  S.C.  IV  24;  S.D.  IV  12;  Utah  VII  2;.Va.  IX 
131;  Wash.  Ill  1;  W.Va.  VII  1;  Wis.  X  1;  Wyo.  IV  11.) 

Provision  for 

Governor  shall  be  superintendent  but  after  five  years  from 
date  of  adoption  of  constitution   legislature  may   provide 
for  election  of  superintendent.      (Ore.  VIII  1.) 
1!>  turns  and  Canvass 

Returns    made   in   manner   prescribed  by   law.      (Ida.   IV  2; 

Mont.  VII  2.) 
Until  otherwise  provided  by  law,  abstract  of  returns  to  be 
sealed  and  transmitted  to  secretary  of  state  who,  with 
lieutenant-governor  and  attorney-yeneral,  constitutes  a 
board  of  canvassers;  to  meet  at  state  capitol  on  second 
Tuc-ilay    of    December   after    election    to    proclaim    result. 

(Kan.  I  2.) 

led  and  transmitted  to  speaker  who  opens  and  publishes 

in  presence  "f  majority  of  members  of  both  houses.     (N.C. 

Ill  3.) 

led    and    transmitted   to   secretary   of   state   who   delivers 

peaker  at  first  meeting  of  house,  who  opens  and  pub- 

in   pi.-s.nce  of  majority  of  members  of  both  houses. 

(Wash.  Ill  4.) 

and    transmitted    in   speaker   «,f   house,    who,   during 

-inn,   opens   and    publishes   in    presence  of 


Index  Digest  599 


EDUCATION    (Cont'd) 

S  DPERINTENDENT     ( Con  i  'd ) 

Election    (Cont'd) 

Returns  and  Cwnvdss    (Cont'd  > 

both   houses   in   joint   convention,   but   speaker's   duty   and 
duty  of  joint  convention  to  be  purely  ministerial.      (Ala. 

V  115.) 
Sealed   and  transmitted  to  speaker   who,   immediately   after 
organization  of  house  and  before  proceeding  to  other  busi- 
ness, opens  and  publishes  in  presence  of  majority  of  each 
house.      (111.  V  4;   Mo.  V   3:    Xebr.  V  4,    W.Va.   VII   3.) 
Sealed  and  transmitted  to  speaker,  who  immediately  on  or- 
ganization of  house  and  before  proceeding  to  other  busi- 
ness opens  and  publishes  in  presence  of  majority  of  mem- 
bers of  both  houses.      (Colo.   IV  3.) 
Tie  Vote 

Legislature   at   next   regular   session   to   elect    forthwith    by 
joint  vote  one  of  persons  in  tie.      (Ariz.  V    1;    Ida.  IV  2; 
Mont.  VII  2;    Utah  Y!  I    2.) 
Legislature    by    joint    vote    to    elect    one    of    persons    in    tie. 
(Colo.   IV   3;    111.  V   4;    Kan.    I    2;    Mo.   V   3;    Xebr.   V   4; 
N.C.  Ill  3;  Wash.  Ill  4;  W.Va,  VII  3.) 
Legislature  by  joint  vote  without  delay  to  elect  one  of  per- 
sons in  tie.     (Ala,  V  115.) 
Time  and  Places 

As  prescribed  by  law.      (W.Va.  VII  2.) 
At  same  time  as  governor.      ('Oak   IX  2;    Fla.   IV  20;   Ga. 

VIII  .Sec.  II;  Ky.  91,  95;  Miss.  VIII  202;  Va.  IX  131.) 
Same  as  for  members  of  legislature.      (Ala.  V  114;   Ida.  IV 
2;  Kan.  I  1;  Mont.  VII  2;  N.C.  Ill  1;   X.D.  Ill   S2 ;   S.D. 
IV  12;   Utah  VII  2;   Wash.  Ill   1;   Wyo.  IV  11.) 
At  same  time  as  members  of  supreme  court.      (Wis.  XL) 
At  general  election.      (Colo.  IV  3;  111.  V  3;  Xebr.  V  1;   S.C. 

XI  1.) 
Expenses,  See  above,  this  subdivision,  Compensation. 
Fees,  See  above,  this  subdivision,  Compensation. 
Impeachment 

See  also  Impeachment. 

For  high  crimes  or  misdemeanors,  and  for  misconduct,   habits  of 

drunkenness,  or  oppression  in  office.  (Mo.  VII  1. 
For  "  high  crimes  and  misdemeanors,  for  non-feasance  or  mal- 
feasance in  office,  for  incompetency,  for  corruption,  favoritism, 
extortion  or  oppression  in  office,  or  for  gross  misconduct,  or 
habitual  drunkenness''.  (La.  217.) 
For  wilful  neglect  of  duty,  habitual  drunkenness,  incompetency 
or  any   offense  involving  moral   turpitude  committed   while   in 

office.      (Okla.  VIII   1.) 
For    wilful    neglect   of   duty,    corruption    in    office,    incompetency, 
intemperance  in  use  of  liquors  or  narcotics,  or  offense  involv- 
ing moral   turpitude   in   office.      (Ala.   VII    173.) 


[TUT30NS 


N 

Other  0 

itive  department.      (Ala.   \    112;   Ariz. 

.    |\     1:    Ida.    IV    1;    111.   V    1;    Kan.    T    1;    Mo.    V    1  ; 

br.   V    1:    N.C    HI    I J    N-M-   V    1;    Ohio  VI   4; 

VI  i-    Pa    IV  1:  Utah  VI]    1  ;  Wash.  [II  1;  W.Va.  VII 

1.) 

tate  board  of  education.     (Ida.  IX  2.) 

frcio  of  state  hoard  of  education.      (Va.  IX   131.) 

■nl  of  board  of  education.     (Okla.  XIII  5.) 

tary  of  state  board  of  education,  ex-ofiicio  mem- 

■  Is  having  control  of  public  instruction  in  any 

stitution  with  nigh!   to  speak  but  not  to  vote.     (Mich. 

XI   2.) 

tate  hoard   of  education,  and   c.r-nfficio  member  of 

having   control   of   public   instruction   in    any   state 

institution.      (  Ariz.  XI   4.) 

in  II  of  state  to  advise  governor  in  execution  of  his 

office.      (N.C.  Ill  14.) 

!   of  land   commissioners'.      (Ida.   IX  7;   Okla. 

VI   32.) 

and  Duties 

overnorship,  See  Governor. 

by  law.     (Ala.  V  137,  XIV  262;   Fla.  IV  25;    111. 

\     !:    Ind.  VIII   8;    Kan.  VI    1;    Ky.  91,  93;  La.  249;   Mich.  XI 

VIII    202;    Mo.    V    1:    Xev.   V   22;    Ohio   VI    4;    Ore. 

\  III    I;    N.i'.  Ill    13;    N.I).   111   83;   Pa.  IV  20;   S.C.  TV  24.  XI 

-  D.    IV    13;    I  la1)    VII    lit;    Wash.   Ill    22;    W.Va.   VII    1; 

Wis.  X   1  :  Wyo.  IV  12.) 

bj    constitution    or   by    law.      (Ariz.   V    1.   9;    Ida. 

iv   I ;  Mont  VII   1 :  okla.  VI  1 ;  Utah  VII  1.) 

ribed  by  state  board  of  education.      iVa.   IX"   131.) 

jion   nf   public   instruction   vested    in    superinten- 

..    IV    2.-,;    Mich.    XI    2;    Wis.    X    1.1 

tions  and  Disqualifications 

l 

!    by   law.      (Wis.   XI.) 

its.      (Ariz.  V  2;   Tda.  IV  3;   Miss.  VIII  202. 
V    L33;    Mo.  V    lit;    X.I).   Ill  S2 ;   Wyo.    IV   11.) 

'•    time  of  election.      (Ala.  V  132.) 
(Colo.    IV    I;    \.M.  V   ;]■    Okla.  VI   3.) 
;'t   time  of  election.      (Ky.  91  ;  Mont.  VII  3.) 

M  Plo.  IV   1:  Ida.  TV  3;  Mo.  V  19;  Mont. 

VM.  V  3;    N.I).  Ill    R2;   Okla.  VI    3;   Wyo.  IV   11.) 

Elates    for    seven    years     (preceding    election?). 

(Ala.  V   132.) 
for    Ki   years    preceding   election.      (Ariz. 

V  2.) 


l.\i>K\-    Digest  60] 


EDUCATION    (Cont'd) 

S I  PEW  NTENDENT     ( <  'oil  ( '</ ) 

Qualifications  and  Disqualifications    (Cont'd) 
( 'it i:<  nskvp    i  ( 'mit'il  i 

In  state  for  two  years  preceding  flection.      (Ida.    IV  3;   Ky. 

91.) 

In    state   for    rive   years    preceding    election.       (Ala.    V    132; 

Ariz.   V   2;    Miss.    VIII   202,    V    133 ;    N.M.   V    12;    Utah 

VII   3.) 
Dual  Office  Holding 

Ineligible  to  other  office    during    term    of    service.      (W.Va. 

VII  4.) 
Ineligible  to  other  office  during  term  of  office,  except  member 

of  state  board  of  education.     (Mont.  VII  4.) 
Ineligible   to   other   office   during    period    for    which   elected. 

(111.   V  5.) 
Ineligible    to    other    state    office    during    period    for    which 

elected.      (Nebr.  V  2.) 
Electoral 

Qualified  elector  at  time  of  election.      (Utah  VII  3.) 

Must   have  been   qualified   elector   of   state   for   three   years 

preceding  election.      (Okla.  VI  3.) 
Must   have  qualifications   of   state   electors.      (N.D.    Ill   82; 

(Wyo.  IV  11.) 
Prior  Service  in  Office  as  Disqualification 

Ineligible  as  own  successor.      (Ala.  V  llfi.) 
Ineligible  to  re-election  for  four  years  after  term   for   which 

elected.      ( Ky.  93.) 
Ineligible   to   state   office   for   two   years    after   expiration    of 
two  consecutive  terms.      (N.M.  V  1    [1914].) 

Professional 

Must  be  trained  and  experienced  educator.      (N.M.  V  3 ;   Va. 

IX    131.) 
Residence 

Residence   during   term,   See   below,    this   subdivision,    Resi- 

DENCE. 
In  state  for  two  years  preceding  election.      (Colo.  IV  4;   Ida. 

IV  3;  Ky.  9-1;  Mont.  VII  3.) 
In  state  for  five  years  preceding  election.      (Ala.  V  132;   Mo. 

V   Ift;   Utah  VII   3.) 
In     state    continuously     for    five    years    preceding    election. 

•   (N.M.   V   3.) 
Sex 

See  also  above,   this  subdivision,  Qualifications  and  Dis- 
qualifications —  Electoral. 
Females  bver  21  years  of  age  and  residents  of  state,  county 
and  district  six  months  next  preceding  election  or  appoint- 
ment are  eligible.      (New   XV  3.) 
Women  eligible.      (Nev.  XV   3.) 
Must  be  male.      (Ariz.  V  2;  Mo.  V  19;  Okla.  VI  3.) 


3TITDTI0NS 


lTIOH      i 

t'd) 

Reports 

30  days   before    regular   suasion  of   legislature,   to  gov- 

shall  transmit  same  to  legislature.     (N.M.  V  9.) 

Report*  20  dayB  before  regular   session   of  legislature  to  gov- 

-h.ill  transmit  same  to  legislature.      (Ida.  IV   17.) 

lo  days   before   regular   session   of   legislature  to  gov- 

r    who    transmits  same  to   legislature.      (111.   V   21;    Kan. 

1  10;   Nebr.  V  22;  W.Va.  VII  18.) 

-   live   .lays   before  regular  session  of   legislature  to  gov- 

trnur  who  transmite  same  to  legislature.      (N.C.  Ill  7.) 

.<  rnor  or  either  house  of  legislature  may  require  information 

from,  in  writing,  under  oath  at  any  time.     (Nebr.  V  22.) 

senior  maj    require  information  from,  in  writing,  under  oath, 

my  time.     (Ala.  V  121;   Ida.  IV  8;   111.  V  21;   Mo.  V  22; 

W.Va.  VII   18.) 
v.rnor  may  require  information  from,  in  writing,  at  any  time. 
N.C.   Ill   7;  Okla.  VI   33    (also  of  all  officers,  of  state  educa- 
tional institutions). 
Keiidence 

is  .nullifications  for  office,  See  above,  this  subdivision,  Quali- 
fications and  Disqualifications. 
At  Beat  «.f  government.     (Ariz.  V  1;  Colo.  IV  1;  Ida.  IV  1;  111. 
V    1  ;   Mo.  V  1 ;  Mont.  VII   1 ;  N.M.  V  1 ;  Utah  VII  1 ;  W.Va. 

VII    1.) 

At  seat  of  government,  except  during  epidemics.      (Ala.  V  118.) 

office  to  he  kept  at  seat  of  government.      (Ariz.  V   1;  iGa.  VIII 

Sec.  II;  Kan.  Sched.  G;  N.D.  Ill  82;  Okla.  VI  4;  S.D.  IV  12; 

Wash.   Ill   24    (but  need  not  reside  there);    Wyo.  IV   11.) 

<  ►ffice  to  be  kept  at  seat  of  government,  but  in  case  of  invasion 

or  violent  epidemics  governor  may  direct  office  to  be  removed 

temporarily  to  other  place.     (Fla.  XVI    10.) 

Public  records  to  he  kept  at  seat  of  government.      (Ariz.  V   1; 

Colo.    IV    1;    [da.    IV    1;    111.   V    1;    Mo.   V    1;    Mont.    VII    1; 

N.M.   V    1;    Okla.   VI   4;   Utah  VII    1;    Wash.   Ill  24;    W.Va. 

VII  1.) 
Seal  of  office  to  he  kept  at  scat  of  government.      (N.M.  V   1.) 
Term  of  Office 
/.'  ngth 

ar&.  (Ariz.  V  1;  Colo.  IV  1;  Ga.  VIII  Sec.  II;  Ida. 
IV  1;  l"'i.  VIII  8;  Kan.  I  1;  Nebr.  V  1;  Nev.  XI  1; 
N.M.  V   1    (1914);   N.D.   Ill  82;   S.C.  IV  24,  XI   1;   S.D. 

IV  12.) 

'Ala.   V   11C;    Fla.   IV  20    (same   as   for  gov- 

VI;   Ky.  til;  La.  249;  Miss.  VIII  202    (same 

u  for  Becretary  of  state)  ;  Mo.  V  2;  Mont.  VII  1;  N.  C. 

!    Ohio  VI    4;    Okla.  VI  4;    Pa.   IV  8;    Utah  VII    1; 

31    (Fame  as  for  governor)  ;   Wash.  Ill  3;  W.Va. 

VII    1;    Wis.   X    1;    Wyo.   IV   11.) 


Index  Dkjkst  603 


EDUCATION    (Cont'd) 

Superintendent    {Cont'd) 

Term  of  Office   {Cont'd) 

Lenyth    (Cont'd) 

To  serve  until   successor  qualified    (regardless  of  length  of 

term  specified).     (Ala.  V  11G;  Ga.  VIII  Sec.  II;  111.  V  1; 

Kan.  I  lj  Ky.  91;  La.  249;  Mo.  V  2;  Mont.  VII  1;  Nebr. 

V  1;  Nev.  XI   1;  N.D.  Ill  82;   S.C.  IV  24;   Wash.  Ill  3; 

Wyo.  IV  11.) 
Time  of  Beyinniny 

To  be  installed  on  same  day  as  governor.     (Fla.  IV  28;  Va. 

IX  131.) 
January   1st  after  election.      (N.M.  V  1;   N.C.  Ill   1.) 
First  Monday  in  January  after  election.      (Ariz.  V   1;   Ida. 

IV  1;  Ky.  91;  Mont.  VII   1;   Utah  VII   1.) 
First  Thursday   [after]   first  Tuesday  in  January  after  elec- 
tion.     (Nebr.  V  1.) 
Second  Monday  in  January  after  election.      (111.  V  1;   Kan. 

I  1;  Mo.  V  2;  Okla.  VI  4.) 
Second    Monday    in   January   after   election   until   otherwise 

provided  by  law.     (Wash.  Ill  4.) 
Second  Tuesday  in  January  after  election.      (Colo.  IV  1.) 
First  Monday  after  6econd  Tuesday   in  January  after  elec- 
tion.     (Ala.  V  116.) 
March  4th  after  election.      (W.Va.  VII   1.) 
First  Monday  after  first  day  of  June  next  succeeding  elec- 
tion.     (Cal.  IX  2.) 
Vacancy  in  Office 

Filled   by  governor   until   successor   elected   and  qualified.      (111. 

V  20;  Kan.  I  14;  Mont.  VII  7.) 
Filled  by  governor  until  successor  elected  and  qualified  as   pro- 
vided by  law.     (Colo.  IV  6;  Ida.  IV  6;  Nebr.  V  20;  Utah  VII 

10;  W.Va.  VII  17.) 
Filled  by  governor  until  disability  removed  or  a  successor  elected 
and  qualified;  unsoundness  of  mind  ascertained  by  supreme 
court  on  suggestion  of  governor.  (Ala.  V  136.) 
Filled  by  governor  till  disability  removed  or  successor  qualified; 
election  at  first  general  election  more  than  30  days  after 
vacancy    occurs,    to    fill    for    remainder    of    unexpired    term. 

(N.C.  Ill  13.) 

If  during  recess  of  senate,  filled  by  governor;   if  vacancy  during 

the   session    of   senate,    governor    to    make   nomination    before 

final  adjournment.     (Pa.  IV  8.) 
Filled    for    unexpired   term   by   state   board   of   education.      (Va. 

IX  131.) 
Caused  by  impeachment,  displacement,  resignation,  death  or  in- 
capacity, for  other  reason  to  perform  duties,  filled  by  governor 
until  disability  removed  and  successor  elected  and  qualified. 
Vacancy  to  be  filled  by  election  at  first  general  election  more 
than  30  days  after  happening  and  person  elected  to  hold 
office  for  unexpired  term.      (Kan.  I   14.) 


i    QNSTITl    I  CONS 


I 

puintment 

h  county  appointed  by  board  of  education  with  con- 
le  fur  four  years.     Legislature  may  make  this 
provide  for  discharge  of  its  duties 
VIII  -204.) 

nsation 

lo.  IX  6,  XIV  8;  Fla.  VIII  G;  Ida.  XVIII  6; 
VIII   5;    Kan.   VI    lj    Miss.   VIII  204;   Nev.  IV  32;    N.D. 

VIII  150;  W.Va.  XII  3.) 
with    following   limits:    shall    not   be   paid   more 
1 1  <  per  annum.     (Wyo.  XIV  3.) 

tion   of   to   be   paid    from    school     fund    of   respective 

counties.      (Fla.  XII   13.) 

paid  .-udi   salary  or  compensation   either   from  fees,   per- 

quisites  and  emoluments  of  his  office,  or  from  general  county 

fund',  &s  prqvided    by    law.      This    section    to    govern,    unless 

lyided  by  constitution.      (Colo.  XIV  8.) 
:.        arte]    --all   fix  or   provide  for   fixing  of  by  boards  of 

supervisors.     (Cal.  XI  7%.) 

Election 

ire  may  abolish  or  provide  for  election  of  county  super- 
intendent of  schools  by   people.      (Nev.   IV   32.) 

iunty  superintendent  in  each  county;   time  and 

.'  election  to  be  prescribed  by  law.     (111.  VIII  5.) 

To  ted   in   each  county;    to   be  ex-Qflicio   commissioner  of 

lands  for  county  and  discharge  duties  as  such  under  direction 

of  Btate  land  commissioners  as  directed  by  law.     (Colo.  IX  6.) 

1"  be  ■  i"  each  county.      (Ariz.   XII   3;   Kan.  VI   1;   N.D. 

VIII   1.10;   S.D.  IX  5.) 
ill   provide  for  election  of  in  each   county.      (Fla. 
\  HI   6;    Ida.  XVIII   6;    X.  v.   IV  32.) 
1"  be  elected  al   same  time  as  members  of  legislature.      (Colo. 

XIV   8.) 
Hint)    charter   shall    provide    for   election    or    appointment   of. 

(Cal.  XI  7%.) 

cted  for  each  county  at  each  gubernatorial  election.     Legisla- 

ia)    authorize  two  or   more  counties   to   unite  and   elect 

one  superintendent     (Cal.  IX  3.) 

ichment 

'ted.      (Ala.   VII    175,   176.) 

ive    power    to   "increase,   diminish,   consolidate 
-b    the    follmving    county  officers,"    (including    county 
ntendenl    of  schools).      (Nev.    I\'   32.) 

bjeel   to  change  by  the  legislature  for  each  or- 
( Arias'.    XII    3;   Okla.  XVII  2.) 
provide    for   county   superintendent  of  schools. 

(W.Va.  XII  3.) 


Indkx  DrcKsr  <;o:> 


EDUCATION    (Cont'd) 

Superintendent  (County)    {Cont'd) 
Powers  and  Duties 

Determined  bylaw.  (Ariz.  XII  4;  Colo.  IX  6;  Fla.  VIII  (5;  111. 
VIII  5;   Kan.  VI    1;   Miss.  VI J I  204;   Nev.  IV  32;   N.D.  VI 1 1 

150;    W.Va.    XII    3.) 
Qualifications 

Women  eligible.     (Mont.  IX  10;  N.M.  VII  2;  Okla.  Sched.  (i.) 
Fixed  by  law.      (Ariz.  XII   4;    Colo.   IX  6;    Ida,  XVIII   6;    111. 

VIII  5;    Miss.   VIII    204;    N.D.  VIII    150.) 
Must  be  elector   in   county  but   legislature   may   prescribe  addi- 
tional qualifications  and  this  section  shall  not  prevent  women 
being   eligible   as    provided    in    article   VII,   section    9.      (S.D. 

IX  7.) 
Women  with  qualifications  of  male  electors  eligible  for.      (N.M. 

VII  2.) 
Must  be  qualified   elector  and  resident  of   county  one  year  pre- 
ceding election.      (Colo.  XIV   10.) 
Removal 

May  be  removed  by  a  circuit  or  other  court  of  like  jurisdiction 
or  criminal  court  of  county  in  which  such  officer  holds  office  as 
prescribed  by  law,  provided  that  right  to  jury  trial  and  appeal 
be  secured.  Grounds  for  removal:  "wilful  neglect  of  duty, 
corruption  in  office,  incompetency,  or  intemperance  in  the  use 
of  intoxicating  liquors  or  narcotics  to  such  an  extent,  in  view 
of  the  dignity  of  the  office  and  the  importance  of  its  duties, 
as.  unfits  the  ollicer  for  the  discharge  of  such  duties,  or  for 
any  offense  involving  moral  turpitude  while  in  office  or  com- 
mitted under  color  thereof  or  connected  therewith  ".  Penalty 
not  to  extend  beyond  removal  and  disqualification  from  hold- 
ing office  under,  authority  of  state  for  the  term  for  which  such 
officer  was  elected  or  appointed,  but  accused  to  be  liable  to 
indictment   or   punishment   as   prescribed   by  law.      (Ala.   VII 

173,   175,   170.) 
Rotation  in  Office 

Not  to  be  eligible  for  more  than  four  years  in  succession.     (S.D. 

IX  5.) 
Seal 

Each  county  superintendent  shall  procure  a  seal  under  direction 
of  county  judge  inscribing  thereon  style  of  office  and  name  of 
county  which  shall  be  sufficient  and  used  for  all  lawful  pur- 
poses until  otherwise  provided  by  law.     (Okla.  Scned,  22.) 

Term 

Two  years.      (Ariz.  XTI  3;  Colo.  IX  6;   Ida.   Will   6;   Kan.  VI 

1;  N.D.  VIII   150;   S.D.  IX  5.) 
Two  years  and  until  successor  qualifies.      (Mont.  XVT  5.) 
Four  years.     (Fla.  VIII  6.) 
Fixed  by  law.      (111.  VIII  5.) 
Fixed  by  county  charter.      (Cal.  XI  7%.) 


,  riONS 


lTIOH     ! 

I '(/ ) 

Vacancy  in  Office  of 

Klled  by   appointment  of  commissioners  until   next  gen- 
.';,„.,., a  is  Blled  by  election  according  to  law. 

(Colo.  XIV  II.) 

• 

.ir.ination  and  Certification 

,ltl.   board   of   education   to   provide   for   examination   and   cer- 
tification  of  and  award  acholarships.     (S.C.  XI  2.) 
mtj    boards   and    county   superintendents   shall    examine   and 
,Ii(,\  Ln     their     respective    jurisdictions.      (Cal. 

IX  7.) 

Oath  of  Office 

.\!!  -    and    professors    to   subscribe    to    oath    required    in 

\V  of  constitution  and  those  who  fail  to  comply  with 

any  provision  of  educational  section  of  constitution  not  to  re- 

aii\     portion    of     public     moneys    for     school    purposes. 

(Nev.  XI   5.) 

Training 

ishiture    to     provide    for    training    of    teachers     in    normal 
or  (dlurwi.se,  so  that  they  may   become   proficient  in 
both  English  and  Spanish  languages  to  qualify  them  to  teach 
iking    pupils     and    students.      No     amendment   to 
•it ut ion   to   affect  this   provision,   unless   proposed  by  vote 
of  three-fourths  of  members  elected  to  each  house  and  ratified 
by  vote  of  people  in  state  in  election  at  which  at  least  three- 
fmirtlis    of   electors   voting   in    whole   state   and    at   least   two- 
thirds  of  those  voting  in  each  county   in   state,  shall  vote  for 

amendment.      (N.M.  XII  8,  XIX  1.) 

I  I  l.CTTONS 

of  a  particular  officer  or  class  of  officers,  See  the  specific  title. 
OBS 

fore  election,   See  below,   this-  title,  Qualifications  and 
,.i  unifications  ok  Electors  —  Residence: 
During  war,  8te<   below,  this  title,  During  War. 

iial   travelers   ami    students   absent   from   township,   ward   or 

not   to   lie  deprived   of   vote ;    legislature  to  provide  manner, 

time  and  place  of  voting  and  canvass  and  return  of  votes.     (Mich. 

Ill  1    (Amend.  1914).) 

-lature  attending  sessions  not  to  be  deprived  of  vote 

3ence  from  township  or  ward  of  residence;   legis- 

""•  to  provide  time,  manner  and  place  of  voting  and  canvass 

A   return  . .f  votes.      (Mich.   Ill    1    (Amend.  1914).) 

tarj   service  of  United  States,  legislature  to  prescribe  manner 
ol  "id  canvass  of  votes.      (Conn.  Amend.  XIII.) 

r  militarj    service  of  United  States  or  militia  service  of 
from  township  or  ward,  legislature  to  prescribe  man- 
ner of  voting.      (Kan.  V  3.) 


Indkx   Digest  007 

t ~ 

ELECTIONS    (Cont'd) 

Absent  Electors  (Cont'd) 

In  military  service  of  United  States  or  slate  and  not  in  regular  army 
allowed  to  vote  for  county  officers;   detailed   provision   as  to  man- 
ner.    (Me.  II  4,  IX  12.) 
In  actual  military  service  of  United  States  or  state  and  not  in  regu- 
lar army  allowed  to  vote  at  place  and   under  regulations  provided 

by  law.     (Nebr.  VII  3.) 
Soldiers  and  sailors,  legislature  to  prescribe  mrfnner  of   voting  and 

making  returns.      (Nev.  II  3.) 
In  actual  military   service  of  United   States  or   state,   legislature   to 
prescribe  maimer  of  voting.      (Pa.  VII 1   6,.) 
Advisory  Votes 

See  also  beloiv,  this  title,  Primaries. 

For  United   States  senator,  legislature  to  provide   for   placing  names 
of  candidates  on  official  ballot  at  general  election  preceding.     (Ariz. 

VII  9.) 
Aid  in  Voting,  See  below,  this  title,  Ballots. 

Arrest,  Privilege  from,  See  beloiv,  this  title,  Privileges  of  Electors. 

Ballot  Boxes 

After  election  and  canvass,  to  be  delivered  by  superior  court  to  sheriff 
and  kept  by  sheriff;   opening  by  court  in  case  of  mistake  or  fraud 

in  certificates.      (Del.  V  (i.) 
During   election    to    be   kept    in    public   view;    opening   not   to   bo  in 

secret.      (Va.   II   27.) 
Ballots 

Primary  Ballots,  See  beloiv,  this  title,  Primaries. 
Requirement 

Elections  to  be  by  ballot.  (Ala.  VIII  179;  Colo.  VII  8;  Del.  V 
1;  Fla.  VI  6;  Ga.  II  1;  Ida.  VI  1;  111.  VII  2;  Ind.  II  13;  Iowa 
II  G:  Kan.  IV  1;  La.  203;  Me.  II  1;  Md.  I  1;  Miss.  XII  240; 
Mo.  VIII  3;  Mont.  IX  1;  Nebr.  VII  6;  Nev.  II  5;  N.M.  VII  5; 
N.C.  VI  6";  N.D.  V  129;  Ohio  V  2;  Okla.  Ill  6;  S.C.  II  1; 
S.D.  VII  3;  Tenn.  IV  4;  Tex.  VI  4;  Utah  IV  8;  Va.  II  27; 
Wash.  VI  6;  W.Va.  IV  2;  Wyo.  VI  Suffrage  11.) 
Elections  to  be  by  ballot  except  for  township  officers  authorized 

to  be  otherwise  chosen.     (Mich.  Ill  7.) 
Elections  to  be  by   ballot  except   for   township  officers,   directed 

by  law  to  be  otherwise  chosen.      (Minn.  VII   6.) 
Elections  to  be  by  ballot  except  for  township  officers,  directed  or 

allowed  to  be  otherwise  chosen.      (Wis.  Ill  3.) 
Elections  to  be  by  ballot ;  not  to  apply  to  school  elections.      ( Ky. 

147,  155.) 

Elections   of  state  officers  and  members  of  legislature  to  be  by 

ballot,    written    or    printed.       (Conn.    VI     7;     Amends.    VI, 

XXXIII.) 

Elections  to  be  by   ballot   or   other   method   prescribed  by   law; 

provided   secrecy   in   voting  is   preserved.      (Ariz.   VII    1;    Cal. 

II  5;  Pa.  VIII  4.) 


t  o    -imnoNs 


I 

uin-mer. 

,    by  i, Mil. >t  or  other  method  prescribed  by  law; 

i  vi. tii i  j  is  preserved;   not  to  apply  to  town 

\av   to  be  otherwise  chosen1.      (N.Y.  II  5.) 

ollicial  ballot,  pfirited  and  distributed  at  state 

•   primary  elections,  municipal  elections  in  towns 

han  •-?.."><»<!  not   held  at   same  time  as  general  election, 

n  pei  Lai  taxes.     (  Da.  212.) 

and  members  of  legislature  to  be  by 
ballot,    written    or    printed.      (Conn.    VI     7;     Amends.    VI, 

XXXIII.) 
;    official    ballot,    printed    and    distributed    at 
i  Kcepl    primary   elections,   municipal   elections 
of  less  than  'J, ."><»()  nol   held  at   same  time  as  general 
and    .'Kit  imis   to    impose    special    taxes.      (La.    212.) 
El  .    h  ritten  ballot.     (Me.  II   1.) 

Kind  to  lie  usc.l.  legislature  to  provide.     (Okla.  Ill  6.) 
i in.-  wherever  election  held.     (Va.  II  28.) 
sealed  or  secret   ballot,  voter  maj  eboose.     (W.Va.  IV  2.) 
Contents 

required   for   printing  name  of  candidate  on  offi- 
cial ballot.      (Ariz.  VII  14.) 
independent  candidates  with  devices  may  be  printed; 
I  provisions  as  to  party  devices  and  as  to  marking  for 
■  nil    split    tickets.     (La.    212.) 
B  of  candidates  and  offices  in  clear  print  and  orderly  suc- 
tion;     listinguishing   mark   or   symbol.      (Va.   II   28.) 

-  of  all  candidates  to  be  printed  on  same  ballot  at  public 
(Wyo.    VI     Suffrage    1,1.) 
Numbered 

i    in   order   received    from   voters  and  number   re- 
posite  name  of  voter  on  election  list.      (Ark.  Ill  3.) 

numbered    i -der   received    from  voters   and  number  re- 

!  oppositi    name  of  voter  on  election  list;  provided  paper 
■   used.     Election  officers  to  record.      (Colo.  VII  8.) 
lumbered    in   order   received    from  voters  and   number   re- 
rdod  opposite  name  of  voter  on  election   list.     Duty  of  elec- 
tion officers  to  record.     (Mo.  VI I  [   3.) 

egislature   may   provide   for.      (S.D.   VII   3.) 
tickets.  legislature  may  provide  for.     (Tex.  VI  4.) 
hing  to  Voters 

by  public  authority  to  voters  at  polls;  not  to  apply 
■  lections,      |  Ky.   U7,   155.) 
and   distributed   at    state  expense,   except  primary  elec- 
'''I':l1   elections    in   towns   less   than   2,500  not  held 
e  tie  genera]  election,  and  elections  to  impose  spe- 
cial taxes.      (La.  212.) 


Index  Digest  609 


ELECTIONS   (Cont'd) 
Ballots   (Cont'd) 

Furnishing  to  Voters    (Cont'd) 

Delivery  to  voters  within  polling  places  by  sworn  public  officials. 

(Wyo.  VI  Suffrage  11.) 
Secrecy 

See  also  below,  this  title,  Manneb  of  Voting. 
Elections  may  be  by  ballot  provided  secrecy  in  voting  be  pre- 
served.    (Ariz.  VII  1;  Cal.  II  5;  Pa.  VIII  4.) 
Legislature  may  prescribe  means,  methods  and  instruments  of 

voting  to  secure  secrecy  of  voting.     (Del.  V    1.) 
Secret  ballot  guaranteed;    legislature  to  enact  necessary   laws. 

(Ida.  VI  1.) 

Elections  to  be  by  secret  official  ballot  marked  by  each  voter  in 

private  at  polls  and  then  and  there  deposited;  not  to  apply  to 

school  district  elections.     (Ky.  147,  155.) 

Secrecy  in  preparing,  legislature  to  provide  for.     (La.  212.) 

Legislature  to  enact  laws  to   secure  secrecy  of  voting.      (N.M. 

VII  1.) 
Elections  may  be  by  ballot  or  other  method  prescribed  by  law; 

provided  secrecy  in  voting  is  preserved.      (X.Y.  II  5.) 
Elections  to  be  by  secret  ballot  subject  to  regulations  provided 

by  law.     (X.D.  V  129.) 
Elections  to  be  by  secret  ballot.     (Utah  IV  8.) 
Secrecy   of  ballot  to  be  maintained   so   far   as   consistent  with 

constitution.     (Va.  II  27.) 
Secrecy  in  preparing  and  depositing,  legislature  to  provide  for. 

(Wash.  VI  6.) 
Open,  sealed  or  secret  ballot,  voter  may  choose.     (W.Va.  IV  2.) 
Secrecy   of  ballot  to  be   made  compulsory ;    privacy   in  prepara- 
tion guaranteed.      (Wyo.  VI  Suffrage  11.) 

Preparation  at  Polls 

Preparation  and  deposit  without  aid  unless  physically  unable  or 
registered  before  January   1,  1904.      (Va.  II  21.) 

To  be  marked  in  private  at  polls  and  then  and  there  deposited; 
legislature  to  provide  that  illiterate,  blind  and  disabled  elec- 
tors may  have  ballots  marked  for  them;  not  to  apply  to 
school  elections.      (Ky.    147,    155.) 

Alteration 

Writing  of  new  names  by  voter  allowed.      (La.   212;    Wyo.   VI 

Suffrage  11.) 
Writing  of  new  names  and  erasure  of  printed  names  by  voter 

allowed.     (Va.  II  28.) 
Counting,  See  beloic,  this  title,  Canvass  of  Votes. 
Purity,  See  below,  this  title,  Purity. 
Voting  Machines,  See  beloio,  this  title,  Voting  Machines. 

Bets 

See  also  below,  this  title,  Offenses. 

Challenges  for,  See  below,  this  title,  Challenges. 

20 


Constitutions 


ELI 

■ 

this  title,  Qualifications  and  Dis- 
qualifications of  Electors. 
state  making  or  becoming  directly  or  indirectly 
t   on  result  of  a  general,  special,  municipal  or  pri- 
tion,  convention  or  meeting  or  a  vote  thereat  by  any  per- 
.  t\   of  misdemeanor;  penalty  and  prosecution.      (Del. 

V   7,    8.) 
this  title,  Ballots  —  Preparation  at  Polls. 
this  title,  Election  Officers. 

s,  Municipalities,  towns,  townships  or  districts, 
idmg  Debt  under  the  specific  title. 

is  title,  Freedom  of. 
.  this  title,  Offenses. 
unification  to  hold  office,  See  Public  Officers  —  Qualifica- 
tions and  Disqualifications. 
I  lalification  to  serve  on  jury,  See  Juries. 
ualification  to  vote,  See  below,  this  title,  Qualifications  and 

DlSQl   Al.li ■irW'IONS    OF    ELECTORS. 

for,  See  below,  this  title,  Challenges. 
•  ion  officers,  See  below,  this  title,  Election  Officers. 
prohibit.     (Cal.  XX  11;  Conn.  VI  6.) 
Laws  to  prohibil  under  adequate  penalties.     (Ala.  I  33;  Fla.  Ill  26; 

Ky.  150;  Nev.  IV  27;  Ore.  II  8;  S.C.  I  9;  Tex.  XVI  2.) 
Person  convicted  to  be  adjudged  guilty  of  felony.     (Ark.  Ill  6.) 

oed;    person   in   or   out   of   state  offering,   receiving,    etc.,   to   be 
Ity  of  misdemeanor;   fine  and  imprisonment;   prosecution    (de- 
tails! provisions).     (Del.  V  7,  8.) 

slature   to   provide  for  removal  of  person  bribing  to   secure  his 
• .  !i   Domination  or  election    (except  in  elections  for   school  trus- 
•   and   other  common   school   district   elections)  ;    held  responsi- 
ts  of  agents.       (Ky.  151,  155.) 

gives,   or  offers  to  give,   any  bribe,y  present  or  re- 

ird  or  any  promise  or  security  for  payment  or  delivery  of  money 

other  thing,  to  induce  voter  to  refrain  from  voting  or  to  pre- 

'.  him  from  voting  or  to  procure  a  vote  for  candidate  or  person 

far  as  presidential  elector  or  representative  in  Congress  or 

if  trust  or  profit  created  by  constitution  or  laws  of  state  or 

linancee  or  authority  of  mayor  and  city  council  of  Baltimore, 

d   receiving  the  same  shall,  on  conviction,  be  punished 

I  l>>  law;  legislature  may  remove  penalty  on  vote  seller 

»  place  penalties  for  purchase  of  votes  on  vote  buyer  alone. 

(Md.  I  3.) 
■  LveB  for  his  vote  any  gift  or  reward,  and  any  person 
-  or  bestows  any  such  reward  to  be  elected,  to 
mished  as  provided  by  law.     (Tenn.  X  3;  Vt.  II  51.) 


Index  Digest  611 


ELECTIONS   (Cont'd) 
Bribery    (Cont'd) 

Person  paying  poll  tax  of  another  or  advancing  him  money  therefor 
to  influence  vote  to  be  guilty  of  bribery;  on  conviction  imprisoned 
not  less  than  one  nor  more  than  five  years.  (Ala.  VIII  195.) 
If  corporation  offers,  promises  or  gives,  or  authorizes  any  person  to 
offer,  promise  or  give  any  money  or  thing  of  value  to  influence 
result  of  election  in  state  or  vote  of  any  voter  authorized  to  vote 
therein  (except  in  case  of  election  of  school  trustees  and  other 
common  school  district  elections)  or  afterward  reimburses  or 
compensates  any  such  person,  corporation,  if  organized  under  the 
laws  of  the  state,  shall,  on  conviction,  forfeit  its  charter  and  all 
rights,  privileges  and  immunities  thereunder,  and  if  chartered  by 
another  state  and  doing  business  in  state  by  license  or  upon  suf- 
ferance shall,  on  conviction,  forfeit  right  to  carry  on  business  in 

state.     (Ky.  150,  155.) 

Any  person  or  corporation  offering  money  or  other  thing  of  value 

for  purpose  of  influencing  any  voter  for  or  against  any  competing 

town  in  election  to  determine  county  seat,  to  be  deemed  guilty  of. 

(Okla.  XVII  7.) 
Campaigns 

Contributions   and   expenditures   of   committees   and   candidates,   leg- 
islature to  provide  for  publicity  before  and  after  election.      (Ariz. 

VII  16.) 

Contributions  of  money  or  anything  of  value  to  influence  election, 

by    corporation    organized   or   doing   business   in   state   prohibited. 

(Ariz.  XIV   18.) 
Candidates 

Bribery,  See  above,  this  title,  Bribery. 
Expenses,  See  above,  this  title,  Campaigns. 
Fraud,  See  below,  this  title,  Fraud. 

Names  on  ballots,  See  above,  this  title,  Ballots  —  Contents. 
Nominations,  See  below,  this  title,  Nominations. 
Canvass  of  Votes 

Of  absent  electors,  See  above,  this  title,  Absent  Electors. 
Contested,  See  beloiv,  this  title,  Contested  Elections. 
Returns,  See  below,  this  title,  Returns. 
During  war,  See  beloic,  this  title,  During  War. 
Ballots  not  to  be  counted  in  secret.      (La.  203;   S.C.  II  1.) 
Ballots  not  to  be  counted  or  canvassed  in  secret.      (Va.  II  27.) 
By  superior  court;   quorum;    composition  of  court  in  various  coun- 
ties.     (Del.  V  6.) 
No  ballots  to  be  received  and  counted  except  official  ballots  deliv- 
ered to  voters  by  sworn  public  officials.      (Wyo.  VI  Suffrage  11.) 
Unlawful  refusal  er  failure  of  election  officers  to  receive,  count  or 
return   vote   of   qualified   elector   not   to   prevent   such   vote   being 
counted  on  trial  of  contest  arising  out  of  election.      (Ark.  Ill  11.) 
In  city  wards,  aldermen  to  be  in  session  within  24  hours  after  close 
of  polls  and  in  presence  of  city  clerk  to  open,  examine  and  com- 
pare copies  from  lists  of  voters  in  several  wards.     (Me.  IV  Pt.  I  5.) 


I    UN-]  ITT   i'h'V- 


ELEC11     ' 

I'd 
hg  electors  of  more  than  one  county,  to  be  made  by 
ards  of  respective  counties;  result  certified  to 
\ilii L   .-hall   caasass    and   declare  result  of   election. 

(N.M.  XX  7.) 
■  ir.    lieiKi-nani-governor,   state   officers    and   other    officers 
referred  to  tle-m.  te  be  made  by  secretary  of  state,  state  treasurer 
utd  commissioner  of  state  land  office,  constituting  board  of  state 
imiasioner  of  land  office  abolished,  another  state 
I  by  law  a.s  member  of  board.     (Mich.  VI  20.) 
■  manner  provided  by  law.     (Ariz.  V  11.) 
!■•  officers  voted  for  at  general  election,  by  chief  justice  and 
f  highest  court.      (Xev.  V  4.) 
-     rotary  of  state,  governor  and  chief  justice, 
canvassing  board.      (X.M.  V  2.) 

•t      fJ.lA  . 

.   bj   presiding  election  otficers  of  district  to  prothonotary  of 

superior  court.      (Del.  V  6.) 
[sra  rtificatea  for  commissions  to  all  persons  entitled  thereto, 

gislature  to  enacl   general  law  for;  not  to  apply  to  school  dis- 
trict elections.     (Ky.  153,  155.) 
:m,  legislature  to  have  full  power  to  prescribe.      (R.I.  II  6.) 

d   "f  judges  hereinbefore  provided,  clerks,  registers  of  wills 
■a  provided  in  constitution,  except  state's  attorneys, 

ilied  by  clerks  of  circuit  courts  of  counties  and  of  Balti- 
more city,  respectively,  to  governor.     (Md.  IV  11.) 
Of  state  officers  to  be  issued  by  secretary  of  state  in  manner  pro- 
vided by  law.     (Ariz.  V  11.) 
:  s  of  Registration,  See  below,  this  title,  Registration. 

Person   challenged  must  swear  or  affirm  innocence  before  vote  re- 
iiu  of  oath  prescribed.      (Ga.  II  1.) 
-on  challenged  for  legal  cause  must  swear  or  affirm  innocence  be- 
false  oath  or  affirmation  to  be  perjury ;  penalty, 
imprisonment  in  penitentiary  not  less  than  one  nor  more  than  five 

years.     (Ala.  VIII  185.) 

ion  challenged  for  bribery  at  election,  must  swear  or  affirm  inno- 

before  vote  received.     (Pa.  VIII  8.) 

Person  challenged  for  bribery  at  election  must  swear  or  affirm  inno- 

before  rote   received;   oath  or  affirmation  to  be  conclusive 

leiice  fur  election  officers;  false  oath  or  affirmation  to  be  perjury. 

(Del.  V  3') 

fox  bribery  at  or  betting  on  election  must  swear 

affirm   innocence   before   election   officers   before  vote   received. 

(N.Y.  II  2.) 

throughout  this  title, 

Bee  Cities. 
■  •  elections,  Sec  Cities — Debt. 


Index  Digest  G13 


ELECTIONS   (Cont'd) 

Commissions,  See  Public  Officers. 
Compulsory  Voting 

Legislature  may  prescribe  penalties  for  failing,  neglecting  or  refusing 
to  vote  at  general  election.      (N.D.  V  127.) 
Conduct 

Absent  electors,  See  above,  this  title,  Absent  Electors. 
Manner  of  voting,  /See  below,  this  title,  Manner  of  Voting. 
Offenses,  See  beloio,  this  title,  Offenses. 
Laws  may  be  passed  regulating.     (Md.  Ill  49;  R.I.  II  6.) 
Laws  to  be   passed  regulating.    (Conn.   VI   6;    Fla.   Ill   26;   Mass. 
Amend.  XXIX;  Nev.  II  6,  IV  27;  N.M.  VII  1;  Okla.  Ill  4;  Ore. 
II  8;   S.C.  II  8;   Tex.  XVI  2;   Va.  IV  56;  W.Va.  IV  11.) 
Laws,   not  inconsistent  with   constitution,   to  be  passed  regulating. 

(Ala.   VII    190.) 
Laws  regulating,  to  protect  privilege  of  suffrage.      (Ala.  I   33.) 
Laws  regulating,  to  protect  right  of  suffrage.     (S.C.  I  9.) 
Laws  regulating,  to  be  uniform  throughout  state.      (Ala.  VIII   190; 

Pa.  VIII  7.) 

Local  or  special  laws  not  to  regulate.     (Ala.  IV  104;  Ariz.  IV  19; 

Cal.  IV  25;   Colo.  V  25;  Ida.  Ill  19;   111.  II  22;  Ky.  59;  La.  48; 

Minn.  IV  33;  Mo.  IV  53;  Mont.  V  26;  Nebr.  Ill  15;  N.M.  IV  24; 

N.D.  II  69;   Okla.  V  46;   Pa.  Ill  7;   Tex.   Ill  56;   W.Va.  VI  39; 

Wyo.    Ill    27.) 
Local  or  special  laws  not  to  regulate  conduct  of  elections  for  state 

and    county    officers.       (Fla.    Ill    20.) 
Local  or  special  laws  not  to  regulate  conduct  of  elections  for  state, 
county    and   township    officers.      (Ind.   IV   22;    Nev.   IV   20;    Ore. 

IV  23.) 
Of  municipal  elections  in  cities  or  towns  of  2.000  may  be  regulated 
by  city  or  town  after  filing  charter  under  home  rule  amendment; 
regulations  to  include  notice  of  elections,  registration,  nominations, 
challenges,  canvass,  certification  of  results,  security  of  purity, 
safeguards  against  abuses  and  tendency  to  non-partisan  character. 

(Colo.  XX  6.) 

In    city    elections    for    civil    officers    required   by    constitution    to   be 

elected,  proceedings  to  be  same  as  in  case  of  vote  for  members  of 

legislature.     (Me.  IV  Pt.  I  5.) 
Legislature  to  prescribe  calling  and  holding  public  meetings  of  in- 
habitants in  wards  or  otherwise  for  election  of  officers  of  munici- 
pal   corporations.      (Mass.    Amend.    II.) 
Contested  Elections 

Ballots  cast  may  be  counted,  compared  and  examined  under  such  reg- 
ulations as  may  be  prescribed  by  law.  (Mo.  VIII  3.) 
Ballots  cast  may  be  counted  and  compared  with  list  of  voters  and 
examined  under  such  regulations  as  may  be  provided  by  law,  if 
paper  ballots  required  to  be  used.  (Colo.  VII  8.) 
Ballots  of  qualified  electors  to  he  counted  although  election  officers 
had  unlawfully  refused  or  failed  to  receive,  count  or  return  same. 

(Ark.    Ill    11.) 


-TITUTIONS 


ELECTIONS     I 

7) 
in    joint    convention    to    determine.      (Mich.    XVI    4.) 
j    general  law  for  trial  of;   not  to  apply 
lions.      (Ky.   153,  155.) 
ire    to    provide    manner    of    determining.       (W.Va.    IV    11.) 
ture  to   provide  manner  of  determining,   in  cases  not  specifi- 
cally provided  tor  in  constitution.     (Ark.  XIX  24;  Va.  IV  56.) 

provide  what   authority   and   in   what  manner 

trial  t  lueted.      (Ohio  II  21.) 

ral  law  to  designate  court  or  judge  for  each  class 

-  and  to  regulate  manner  of  trial;   law  not  to  apply  to 

n  held  before  it-  passage     (Mo.  VIII  9;  Pa.  VIII  17.) 

-  ature   by    general   law  to   designate   court   or   judge   for    each 

atesta   not   herein  provided  for  and  to"  regulate  manner 

trial;    law   not   to  apply  to  election  held   before   its  passage. 

(Colo.  VII  12.) 

Trial  >y  courts  ur  one  or  more  judges  thereof.     (Pa.  VIII  17.) 

i!  and  determination  of  contests  in  loca4  or  municipal  elections  to 

.    ...urt*  of  law  or  judges  thereof  as  provided  by  legislature. 

(Pa.  VIII  17.) 
'•ourts  of  law  at  domicile  of  defendant  in  case  of  all 
governor  and  lieutenant-governor;  legislature  to  pro- 
vide for.     (La.  209.) 
Trial  to  be  by  courts  of  law  <>r  one  or  more  judges  thereof,  in  case 
of    all    officers    except    governor    and    lieutenant-governor.       (Mo. 

VIII  9.) 
In  trial,  determination  of  superior  court  in  canvass  of  votes  not  to 

be  conclusive.      (Del.  V  6.) 
In  trial,  testimony  of  witness  may  be  compelled  with  immunity  except 

for  perjury.      (Ark.  Ill  9;  Colo.  VII  9;  La.  216;  Pa.  VIII  10.) 
In   trial,  testimony  of  witness,  except  defendant,  may  be  compelled 

with  immunity  except   for  perjury.     (Ala.  VIII  189.) 
Appeal    in   all   cases   of   contest   for   county,   township   or   municipal 
•fl  lie    at    instance   of    aggrieved   party    from    any    inferior 

mcil  or  tribunal  to  circuit  court  on  terms  and  conditions 
appeals  granted  to   that  court  in   other   cases;   and  on 
appeal  be  tried  de  novo.     (Ark.  VII  52.) 

this  title,  Campaigns. 

,  this  title.  Nominations. 

tor  voting  or  participating  in  convention,  mass  meet- 

other  method  of  action  of  political  party  or  faction  same  as 

l'p  l  ""  for  voting  at  elections.     (Ala.  VIII  183.) 

'  ■""'■    m>:  '    laWs  as  to   election   of   delegates.      (Cal.    II 

2%.) 
enact    laws   to   secure   fairness   in.      (La.   215;    Miss. 

XII  247.) 
tera  may  vote;  representation  on  basis  of  popula- 
tion.    (La.  200.) 


Index  Digest  615 


ELECTIONS    (Cont'd) 

Conventions   (Cont'd) 

Delegates  to  national  conventions  to  be  chosen  by  direct  vote  of 
electors;  ballots  for  candidates  to  state  first  and  second  choice  of 
presidential  candidates  but  name  of  presidential  candidate  shall 
not  be  used  without  his  written  authority.     (Ohio  V  7.) 

Cobrupt  Practices 

See  also  below,  this  title,  Freedom  of. 
See  also  below,  this  title,  Offenses. 
See  also  beloiv,  this  title,  Purity. 

Disfranchisement  for,  See  below,  this  title,  Qualifications  and  Dis- 
qualifications  of   Electors  —  Election  Crime  as   Disqualifi- 
cation. 
Legislature  may  in  addition  to  other  penalties  provide  disqualifica- 
tion for  office.     (Va.  II  36.) 
Legislature  may  pass  laws  to  prevent.     (Del.  V  l'j  R.I.  II  6.) 
Legislature  to  pass  laws  to  prevent.      (W.Va.  IV  11.) 

County  Elections 

See  throughout  this  title. 

Of  a  particular  officer,  See  Counties. 

Bonding  elections,  See  Counties  —  Debt. 

Criminals,   See   below,   this   title,   Qualifications   and   Disqualifica- 
tions of  Electors. 
Dates,  See  below,  this  title,  Time. 
Days 

Privileges  of  electors,  See  below,  this  title,  Pbtvtleges  of  Electobs. 
Sale  of  liquor,  See  below,  this  title,  Intoxicating  Liquors. 
Definition 

Includes  decision  of  questions  submitted  to  voters  as  well  as  choice 

of  officers.     (Ky.  147.) 
Determination 

Canvass  of  votes,  See  above,  this  title,  Canvass  of  Votes. 
Preferential  voting,  See  below,  this  title,  Preferential  Voting. 
Returns,  See  below,  this  title,  Returns. 
Ties,  See  below,  this  title,  Tie  Vote. 

Legislature  may  provide  by  general  law  for  manner  of  ascertaining 

result;   not  to  apply  to  school  district  elections.      (Ky.   153,   155.) 

Legislature  to  provide  for  manner  of  ascertaining  result.     (Ala.  VIII 

190;   S.C.  II  8.) 
Plurality  to  constitute  choice.      (Ariz.  VII   7;   Mont.  IX   13;   N.M. 

VII  5.) 
Plurality  to  constitute  choice  where  not  otherwise  provided  in  con- 
stitution.    (Fla.  XVI  8;  New  XV  14.) 
Plurality  to  constitute  choice  where  not  otherwise  provided  in  con- 
stitution;   but  charters  of  cities,  counties,  or  cities  and  counties, 
framed  under  authority  of  constitution,  may  prescribe  higher  pro- 
portion of  vote  therefor;   and  legislature  by  general  law  may  pro- 
vide higher  proportion  of  vote  for  officers  of  municipalities  organ- 
ized or  incorporated  under  general  laws.      (Cal.  XX  13.) 


State  Constitution- 


elections    ' 

:i  nation    (Con! 
Plurality  to  wnstitute  choice  but  law  may  provide  for  elections  by 
equal    proportional    representation    of    all   voters,   for    every    office 
filled  by  tk-ction  of  two  or  more  whose  persons  and  duties  equal 
and  concurrent;  law  may  provide  the  person  elected  to  office  filled 
by  election  of  one  person  shall  be  final  choice  of  majority  of  electors 
ting  for  candidates  for  that  office.     (Ore.  II  16.) 
l'iurality   to   constitute   choice  for   civil   officers  whose   election   pro- 
vided for  by  constitution.      (Mass.  Amend.  XIV.) 
Plurality  to  constitute  choice  for  judges  hereinbefore  provided,  clerks, 
risters  °f  wills  and  other  officers  provided  in  constitution.     (Md. 

IV  11.) 
Plurality  to  constitute  choice  for  state,  city,  town,  ward  or  district 

officers.      (R.I.  Amend.  X  1.) 

Of  election  of  county  and  district  officers,  commissioners  of  county 

court  to  judge,  subject  to  regulations  by  appeal  or  otherwise  as 

provided  by  law.      (YY.Va.  VIII  24.) 

bled   Electors,   See  above,   this   title,   Ballots  —  Preparation    at 

Polls. 
Disclosing  Information,  See  below,  this  title,  Election  Officers. 
Disfranchisement,  See  below,  this  title.  Qualifications  and  Disqualifi- 
cations of  Electors. 
Disputes 

Contests,  See  above,  this  title,  Contested  Elections. 
Investigations,  See  below,  this  title,  Investigations. 
As  to  right  to  vote,  See  below,  this  title,  Qualifications  and  Dis- 
qualifications of  Electors  —  Proof. 

DlSTRI' 

also  below,  this  title.  Place. 
Formation  from  townships  and  wards  of  cities  or  boroughs  in  dis- 
tricts of  compact  and  contiguous  territory  in  manner  directed 
by  court  of  quarter  sessions;  in  cities  of  over  100.000,  division 
wbenever  more  than  250  votes  cast  at  preceding  election;  else- 
where, division  whenever  court  of  proper  county  of  opinion  that 
convenience    of    electors    and    public    interests    promoted    thereby. 

(Pa.  VIII  11.*) 

slature  lias  no  power  to  make  or  change  election  precincts;  but 

Bcribe  manner  in  which  power  shall  be  exercised  by  courts. 

(Ga.  Ill  Sec.  VII  18.) 

turn  to  provide  for  establishment  of  polling  precincts;  existing 

continue  until  abolished  or  changed;   each  county  to  constitute 

tion  district.      (S.C.  II  9,  VII  9.) 

:>1  or  special  law  not  to  change  boundaries  of  wards,  precincts  or 

new   counties   organized   or   lines   of   old   counties 

changed.      (Ala.  IV  104.) 
ial  law  not  to  change  boundaries  of  wards,  precincts  or 
tB>  un  w  counties  organized.      (Ky.  59.) 

from.  See  below,  this  title,  Qualifications  and  Disqualifi- 
cations of  Electors  —  Residence. 


Index  Digest  617 


ELECTIONS   (Cont'd) 
Districts    (Cont'd) 

Residence  required,  See  below,  tltis  title,  Qualifications  and  Dis- 
qualifications of  Electors  —  Residence. 
Election  Boards,  See  below,  this  title,  Election  Officers. 
Election  Officers 
Boards 

Charged  with  duty  of  distributing  ballots  at  polls  or  of  receiv- 
ing, recording  or  counting  votes,  laws  to  secure  thereon  equal 
representation  of  two  political  parties  casting  highest  and  next 
highest  number  of  votes  at  preceding  general  election;  not  to 
apply  to  town  meetings  and  village  elections;  officers  to  be  ap- 
pointed or  elected  in  such  manner  and  on  nomination  of  such 
representatives  of  parties  as  legislature  may  direct;  existing 
laws  continued  until  legislature  so  directs.  (N.Y.  II  6.) 
Legislature  to  enact  laws  creating;   not  more  than  majority  of 

members  to  be  selected  from  same  party.      (Okla.  Ill  4.) 
District  election  boards  to  consist  of  judge  and  two  inspectors, 
chosen  annually  by  citizens;   vacancies  filled  and  in  new  dis- 
tricts first  board  selected  as  provided  by  law.     (Pa.  VIII  14.) 
Appointed   for   each   county   and   city   by  circuit   court,  corpora- 
tion court  or  judge  of  court  in  vacation;  detailed  provision  as 
to   number,    terms   of   office,    duties ;    person   holding   office    or 
post  of  profit  or  emolument  under  United  States  or  who  is  in 
United   States   employ   or   holding  elective  office   of  profit  or 
trust  in  state,  county,  city  or  town  ineligible.      (Va.  II  31.) 
Bribery 

See  also  above,  this  title,  Bribery. 

Person  bribing  or  attempting  to  cause  officer  to  violate  official 
duty,  to  be  guilty  of  misdemeanor  and  punished  by  fine  and 
imprisonment  within  limits   and  by  disfranchisement  for   10 
years;    prosecution.      (Del.  V  7,   8.) 
Clerks 

Appointment  of  one  clerk  by  each  inspector.     (Pa.  VIII  14.) 
Appointment  by  electoral  board  of  county  or  city.      (Va.  II  31.) 
Compensation  at  Primaries,  See  beloio,  this  title,  Primaries. 
Creation  of  Office 

Local  or  special  laws  not  to  be  passed  for.      (Cal.  IV  25;   Ida. 
Ill  19;  Mo.  IV  53;  N.D.  II  69,  Paragraph  32;  Okla.  V  46;  Pa. 

Ill  7;   Tex.  Ill  56.) 
Inspectors 

Each   elector   in   district  may   vote   for   one   inspector;    each   in- 
spector to  appoint  one  clerk.      (Pa.  VIII  14.) 
Judges  of  Elections 

Appointment  by  electoral  board  of  county  or  city;  persons  hold- 
ing office  of  profit  or  emolument  under  United  States  or  deputy 
or  employee  of  United  States  or  person  holding  elective  office 
of  profit  or  trust  in  state,  county,  city  or  town  not  eligible; 
representation  to  two  leading  parties.  (Va.  II  31.) 
Bi-partisan  as  far  as  possible.      (Va.  II  31.) 


-    All-:    CONSTITDTIO 


ELECTION- 

Judges  of  Election^  'd) 

than  ong  to  same  party  at  time  of  appoint- 

ment.    (X.M.  VIII.) 
,x  in  district  may  vote  for  judge.      (Pa.  VIII  14.) 
may  regulate  all  matters  relating  to.     (Md.  Ill  49.) 
irk   tax   receipts   presented   so   as   to  prevent   holders  from 
more  than  once  at  any  election.      (Ark.  Amend.  IX.) 
nagers  of  Elections 

.  require  of  electors  proof  of  payment  of  taxes,  including  poll 
tax    during  previous  year,  before  allowing  them  to  vote.    (S.C. 

II  4.) 

Oaths  and  Affirmations 

Net   to  disclose  how  any  elector  voted.      (Colo.  VII  8.) 
\,t   to  disclose  how  any  elector  voted  unless  required  to  do  so 
as  witness  in  judicial  proceeding  or  proceeding  to  contest  elec- 
tion.    (Ark.  Ill  3;  Mo.  VIII  3.) 

Offenses 

Making  or  offering  to  make  false  election  or  primary  returns  to 
procure   nomination   or   election   of  any  person  to   office  to  be 
punished  by  disfranchisement.      (Ala.  VIII   182.) 
I'n lawful   refusal  or  failure  to  receive,  count  or  return  vote  or 
ballot  of  qualified  elector  not  to  prevent  such  vote  being  counted 
on  trial  of  contest  arising  out  of  election.      (Ark.  Ill  11.) 
Violation  of  duty;  fine,  and  imprisonment  within  fixed  limits  and 
disfranchisement  for  10  years;  prosecution.      (Del.  V  7,  8.) 
Overseers  of  Election 

Appointment  of  two  by  courts  of  common  pleas  on  petition  of 
live  lawful  voters  of  election  district;  detailed  provisions  as  to 
duties  and  qualifications.      (Pa.  VIII    16.) 
Powers  and  Duties 

Local  or  special  laws  not  to  prescribe.     (Cal.  IV  25;  Ida.  Ill  19; 
Mo.  TV  53;  X.D.  II  69;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56.) 
At  Primaries,  See  below,  this  title,  Primaries. 
Privileges 

From   arrest   on   election   days  and  while  making  up  and  trans- 
mitting returns,  except  on  warrant  of  court  of  record  or  judge 
thereof  for  election   fraud,  felony  or  wanton  breach  of  peace; 
exemption   from   jury   duty  during  terms  of   service 
may  be  claimed.     (Pa.  VIII  14.) 
Qualifications 

Not  eligible  to  civil  office  to  be  filled  at  election  at  which  they 

•rv. .   except   to   subordinate  municipal   or  local  offices,  below 

'    city    or   county    offices,    designated    by    general    law. 

(Ark.  Ill  10;  Pa.  VIII  15.) 

Persons  holding  office,  appointment  or  employment   in  or  under 

m   of   United  States,  state,  city,  county  or  municipal 

on    or    trust    in    any    city,    except    justices    of 

tne    ,  Idermen,    notaries   public   and   persons   in   militia 

not  qualified  to  serve.     (Ark.  Ill  10.) 


Index  Digest  619 


ELECTIONS   {Cont'd) 

Election  Officers    {Cont'd) 
Qualifications   {Cont'd) 

Persons  holding  or  having  held  within  two  months  office,  ap- 
pointment or  employment  under  United  States,  state,  city, 
county  or  municipal  board,  commission  or  trust  in  any  city, 
except  justices  of  the  peace,  aldermen,  notaries  public  and 
persons  in  militia  service  of  state,  not  qualified  to  serve.     (Pa. 

VIII  15.) 
Residents  and  voters  in  precinct  in  which  they  act;  not  to  apply 
to  school  district  elections.      (Ky.  148,  155.) 
Registrars  of  Election 

Appointment  by  electoral  board  of  county  or  city;  persons  hold- 
ing office  of  profit  or  emolument  under  United  States  or  deputy 
or  employee  of  United  States  or  person  holding  elective  office 
of  profit  or  trust  in  state,  county,  city  or  town  not  eligible. 

(Va.  II  31.) 
Not  eligible  to  elective  office  during  term  of  office.      (Ala.  VII 

186.) 
Registration  Boards,  See  below,  this  title,  Registration. 
Elective  Franchise 

Offenses  against,  See  below,  this  title,  Offenses. 
Purity,  See  below,  this  title,  Purity. 

Qualifications,  See  below,  this  title,  Qualifications  and  Disqualifi- 
cations of  Electors. 
Electors 

Privileges,  See  below,  this  title,  Privileges  of  Electors. 
Qualifications,  See  below,  this  title,  Qualifications  and  Disqualifi- 
cations of  Electors. 
Employees'  Votes 

Legislature  to   provide   that   all    employers    allow   employees   under 
reasonable  regulations,  at  least  four  hours  on  election  day  to  vote; 
not  to  apply  to  school  district  elections.      (Ky.  148,  155.) 
Enrollment,  See  below,  this  title,  Registration. 
Equality 

Elections  ought  to  be  equal.      (Va.  I  6.) 

Elections  shall  be  equal.  (Ariz.  II  21;  Ark.  Ill  2;  Del.  I  3;  111. 
II  18;  Ind.  II  1;  Ky.  6;  Okla.  II  4,  III  7;  Ore.  II  1,  Pa.  I  5; 
S.D.  VI  19;  Tenn.  I  5;  Wash.  I  19;  Wyo.  I  27.) 
Inhabitants  having  qualifications  provided  by  constitution  to  have 
equal  right  to  elect  officers  for  public  employments.  "  Inhabitant  " 
means   dwelling  or  having  home.      (Mass.   Pt.   I  9;    Pt.   II   Ch.   I 

Sec.  II  2.) 
Inhabitants  having  prescribed  qualifications  to  have  equal  right  to 
elect  officers.     (N.H.  I  11;  S.C.  I  10.) 
Extensions  of  Franchise,  See  beloiv,   this  title,  Qualifications  and 

Disqualifications  of  Electors  —  Change. 
Federal  Elections 

Of  representatives  in  Congress,  See  Congress  of  United  States. 
Of  United  States  senators,  See  Congress  of  United  States. 
No  person  to  vote  unless  registered.      (Md.  I  5.) 


aNswnnioNS 


EL] 

..  KE.S  —  \  AGAXCIES. 
Pi  K1TY. 

this  Mb,  Primaries. 

t  disqualified  from  holding  office  of  trust 

or  profit.      (Pa.  VIII  9.) 

-    for    which    election    officers   privileged   from 

tioa    days    and   while   making    up    and    transmitting 

returns.      (Pa.  VIII   14.) 

ture  may  enact   laws  necessary  to  prevent.      (Del.  V   1;   R.I. 

II  6.) 
|  laws  necessary  to  prevent.     (YY.Va.  IV  11.) 
make    regulations    necessary    to    detect    and    punish. 

lOkla.  Ill  6;  Tex.  VI  4.) 

Kg!  UkM!     OF 

p  belun;  this  title,  l'riuiv. 
Briber)  ibpve,  this  title,  Beibert. 

rapt  practi.  above,  this  title.  Corrupt  Practices. 

.all  be  free.      (Ariz.  II  21;  Ark.  Ill  2;   Colo.  II  5;   Del. 
I   3;    111.  II   IS:   Ind.  II   1;   Ky.  6;   Mo.  II  9;   Mont.  Ill  5;   Xebr. 
22;  X.M.   11  S;  Okla.  II  4,  111  7;  Ore.  II  1;  Pa.  I  5;  S.C.  I  10; 
\1    J'.-:   Tenn.  1  5;   Utah  1  17;   Wash.  I  19:   Wyo.  I  27.) 
Eta  shall  be  free  and  voluntary.     (Vt.  II  51.) 

ight  to  be  free.      (Mass.   Pt.   I   9;    Md.   D.R.   7;   N.H.   I 

II;  N.C.  I  10;  Va.  I  6.) 
Elections  ought  to  be  free  and  without  corruption.      (Vt.  I  8.) 

ilified  voters  not  to  be  hindered  in  exercise  of  elective  franchise. 

(Xebr.  I  22.) 

to    prohibit    under    adequate    penalties   undue    influence    from 

.•TV.  tumult  or  other  improper  influence.      (Ala.  I  33; 

Cal.   XX    11.    <  wan,   VI   G;    Fla.   Ill  26;   Xev.   IV  27;   Ore.  II   8; 

S.C.  I  9;   Tex.  XVI  2.) 
ture   may   prescribe   means  to   preserve   freedom  and   prevent 

intimidation.      (Del.  V  1.) 
•tun-  may  enact  laws  to  secure.      (Tenn.  IV  1.)' 
Mature   to   enact   laws  to  prevent  intimidation,   disorder   or  vio- 
lence at  polls.      (YV.Va.  IV  11.) 
I'ri  -     frs    •    to  1>e  supported  by  law.      (Ala.  I  33;   Cal. 

an.  \  J  6 j  Ore.  II  S;  Tex.  XVI  2;) 
t.t  of  fr.-e  Buffrage  to  be  supported  by  law.      (S.C.  I  9.) 

r.  civil   or  military,  to  interfere  to  prevent  free  exercise  of 
ri^s- •   "I  Buffrag.         Ariz.  II   21;  Ark.  Ill  2;  Colo.  II  5;  Mo.  II  9; 
VM.    II    8;   okla.   II   4.   Ill   7;    Pa.  I  5;    S.C.  II   15; 
V]    16;    Utah   I    17;    Wash.  I   19.) 

I   or  military,  to  interfere  to  prevent  free  and  lawful 
t  of  suffrage.     (Ida.  I  19.) 
imI    oi   military,   to   interfere   to   prevent    untrammeled 
at  of  suffrage.     (W\0.  I  27.) 


Index  Digest  G2! 


ELECTIONS   (Cont'd) 

Freedom  of   {Cont'd) 

Persons   preventing   or    attempting   to   present   by    force,   threat   or 
intimidation  persons  qualified  from  being  registered  or  voting  at 
general,  special  or  municipal  election,  to  be  guilty  of  misdemeanor; 
punishment  by  fine,  imprisonment  and  disfranchisement;   prosecu- 
tion.     (Del.  V  7,  8,  9.) 
Frequency 

Elections  ought  to  be  frequent.      (Md.  D.R.  7.) 

Elections   ought   to   be    frequent   for   redress   of    grievances   and   for 

amending  and  strengthening  laws.      (X.C.  I   28.) 
Not  more  than  one  election  annually  to  be  held  in  state  or  any  city, 
town;  district  or  county  except  as  otherwise  provided  in  constitu- 
tion; not  to  apply  to  school  district  elections.      (Ky.  148,  155.) 
Annually    after    187S    on    such    day    as   may   be   prescribed   by    law. 

(Colo.  VII  7.) 

Annually   or   biennially    as   electors    of    town    determine,    for    "  such 

officers   of   local   police"   as   law   may   prescribe.      (Conn.    Amend. 

XXXII.) 
Biennially.      (Del.  V  1;  Me.  II  4;  Mo.  VIII  1.) 

Biennially    for   general    elections.       (Ark.    Ill    8;    Ore.    II    14;    S.D. 

VII  4.) 

Biennially,    for    general    elections    of    governor,    lieutenant-governor, 

secretary,  treasurer,   comptroller  and  members   of  legislature   and 

such  officers  as  may  be  prescribed.      (Conn.  Amend.  XXVII  1.) 

Biennially,  after  1S84,  for  general  elections.      (Minn.  VII  9.) 

Biennially,  after   1S84,  for  state  and  county  officers,  except  judicial. 

(Wis.  XIII  1.) 
Biennially,   after   1S90,  for  general  elections.      (X.D.  V  124.) 
Biennially,    after    1898,    for   general    elections   of    state    and    county 

officers.     (Fla.  XVIII  9.) 
Biennially,  after  1906.      (Iowa  XII  16.) 

Biennially,  after  1914,  for  general  elections.      (Xebr.  XVI  13.) 
Biennially,  even   numbered  years,  for  general  election  of  representa- 
tives in  Congress,  state,  county  and  precinct  officers.      (Ariz.  VII 

11.) 

Biennially,    even   numbered  years,   for   officers   provided   for  by   con- 
stitution.     (Cal.  XX  20.) 
Biennially,  even  numbered  years,  for  general  and  township  elections. 

(Kan.  IV  2.) 
Biennially,  even   numbered  years,  for  general  elections.      (X.M.   XX 

6;  Pa.  VIII  2.) 
Biennially,  even  numbered  years,  for  state  and  county  officers.     (Ohio 

XVII  1.) 
Biennally,    even    numbered    years,    for    county    and    district    officers. 

(Wash.  VI   8.) 
Biennially,    odd    numbered    years,    for    other    than    state    or    county 

officers.      (Ohio  XVII   1.) 
Biennially,    odd    numbered    years,    for    judges    of    judicial    districts, 
county,  city,  ward,  borough  and  township  officers.      (Pa.  VIII  3.) 


State  Constitution  a 


ELECTIONS 

illy  in  odd  numbered  years  for  city  officers  and  county  officers 

i'ork  and   Kings  counties  and   counties  coterminous  with 

|]  vacancies.      (Provision  not  applicable  to  city  of 

rd    cla-.-    <>r    to    election    of   judicial    officers,    except   judges    of 

(N.Y.  XII  3.) 
nially  in  odd  numbered  years  for  city  and  town  officers,  except 
f   municipal  legislative  boards,  who  may  be  elected  in 
or  odd  years,  or  part  in  even  and  part  in  odd.      (Ky.  167.) 
•   years,  after  1895.     (Miss.  XII  252.) 
iv  four  years  for  state  and  county  officers.      (Miss.  IV  102.) 

ars,   for  general   state  elections,  until  otherwise   pro- 
Led   by    law.      Parochial   elections  on   same  day,   but   not  oftener 
than  every  four  years.     In  New  Orleans,  parochial  and  municipal 
-   nol    oftener  than   every   four  years.      (La.  206,  207.) 
Every  four  rears,  for  state  officers,  if  not  otherwise  provided  in  con- 
stitution.     (Wash.  VI  8.) 
throughout  this  title. 
itdfatheb  Clause,  See  below,  this  title,  Qualifications  and  Dis- 

QUALIFICATI0N8    OF    ELECTORS  —  EDUCATIONAL. 
Ho 

Between   6  a.  m.   and  7  p.  m.,  but  legislature  may  change;   not  to 
apply   to   school  district  elections.      (Ky.   148,    155.) 
Illegal  VOTING,  See  beloiv,  this  title,  Offenses. 

Illiterate  Electors,  See  above,  this  title,  Ballots  —  Preparation  at 

Polls, 
Initiative,  See  Initiative  and  Referendum. 
Inspectors,  See  above,  this  title,  Election  Officers. 
During  Insurrections,  See  below,  this  title,  During  War. 
Interference,  See  above,  this  title,  Freedom  of. 
Intoxicating  Liquors 

Duty  of  legislature  to  pass  adequate  laws  to  protect  against  evils 

arising  from  use  at  elections.      (Ala.  VIII   191.) 
Legislature  to  forbid  sale,  distribution  or  furnishing  of  intoxicating 
drinks   within    two  miles   of   election   precincts  on   days   of   state, 
county    or   municipal    elections    and   to   prescribe   punishment    for 

violation.      (Ga.   II   5.) 

Legislatur  •  to  forbid  or  restrict  sale  or  gift  of  spirituous,  vinous  or 

malt   liquors   on   election    days;    not   to   apply   to    school    district 

elections.      (Ky.    154,    155.) 
slature  to  forbid  sale  or  gift  of  intoxicating  drinks  within  one 
mile  of  polling  place  on  election  or  primary  days.     (La.  205.) 
I  irvBfl  riGATii 

timony   of   witness   may  be  compelled  with   immunity   except   for 
Ua.  VIII  189;  Ark.  Ill  9;  La.  216;  Pa.  VIII  10.) 
El*  "  this  title,  Election  Officers. 

bipn   with  a  particular  phase  of  elections,  See  the  specific 

subheads  throughout  this  title. 
Viol  ■■    below,  this  title,  Ofrenses. 


Index  Digest  623 


ELECTIONS   (Cont'd) 

In  Legislature,  See  Legislature. 

Liquors,  See  above,  this  title,  Intoxicating  Liquors. 

Lists 

Of  persons  paying  poll  taxes,  See  below,  this  title,  Qualifications 

and  Disqualifications  of  Electors. 
Of  persons  voting  for  general  officers;  town  or  ward  officers  need  not 
keep;  legislature  may  pass  laws  on  subject.     (R.I.  Amend.  I.) 
Local,  See  throughout  this  title. 
Managers,  See  above,  this  title,  Election  Officers. 
Manner  of  Holding,  See  above,  this  title,  Conduct. 

Manner  of  Voting 

By  absent  electors,  See  above,  this  title,  Absent  Electors. 
Ballots,  See  above,  this  title,  Ballots. 

Mechanical  devices,  See  below,  this  title,  Mechanical  Devices. 
Secrecy,  See  below,  this  title,  Secrecy. 
Voting  machines,  See  below,  this  title,  Voting  Machines. 
During  war,  See  below,  this  title,  During  War. 

In  different  parts  of  the  state,"  different  methods  may  be  authorized. 

(Cal.  II  6.) 
Every  qualified  elector  may  vote  for  one  person  under  title  of  each 

office.  (Ore.  II  16.) 
Openly  or  viva  voce  until  legislature  directs  otherwise.  (Ore.  II  15.) 
Of  officers  not  otherwise  directed  or  provided  by  constitution  to  be 

made  in  manner  prescribed  by  law.     (Tenn.  VII  4.) 
Legislature  may  prescribe,  but  secrecy  to  be  preserved.      (Ariz.  VII 

1;  Cal.  II  5;  N.Y.  II  5;  Pa.  VIII  4.) 
Legislature  may  prescribe  by  general  law;   not  to  apply  to  school 

district  elections.      (Ky.  153,  155.) 
Legislature  may  prescribe  order  and  manner  of  voting  for  governor, 

lieutenant-governor,    secretary,    representatives    in    legislature    and 

senators.      (Conn.  Amend.  VI.) 
State  officers  elected  in  same  manner  as  governor.     (Miss.  V  143.) 
Votes  for   governor,   lieutenant-governor    and  treasurer  to  be   given 

to  constable  to  be  delivered  to  the  representatives  and  counted  at 

opening  of  general  assembly.     (Vt.  II  39.) 
Legislature  may  provide  by  general  law  manner  in  which  officers  of 

municipalities  organized  under  general  laws  may  be  elected.     (Cal. 

XX  13.) 
Charters  framed  under  authority  of  constitution  may  provide  manner 

in  which  elective  officers  may  be  elected.      (Cal.  XX  13.) 
For  township  officers  to  be  as  prescribed  by  law.     (Ohio  X  4.) 
Local  or  special  law  not  to  provide  for  election  of  officers  in  town- 
ships, incorporated  towns  or  cities.      (Xebr.  Ill   15.) 
Local  or  special  law  not  to  provide  mode  of  election  of  county,  city, 

village,  township,  ward  or  school  district  officers.     (Minn.  IV  33.) 

Mechanical  Devices 

See  also  above,  this  title,  Manner  of  Voting. 

Voting  machines,  See  below,  this  title,  Voting  Machines. 


State  Constitutions 


ELECTIONS 

I  otit'd) 

ing  and  roistering  votesj  use  in  designated  subdivisions 
i,  of  local  authority  may  be  authorized  by  legis- 
lature.    (Pal.  II  6.) 
and   registering  votes   may   be  used,  but  secrecy   in 
-  rved.      (L'olu.  VII  &;   Utah  IV  8.) 
ithoriaed  under  such  regulations  as  may  be  pre- 
f  secret  \ oting  to  be  preserved.     (Conn.  Amend. 
,    --.   Amend.  XXXVIII.) 
[QNS 

>ivitt  this  title. 
a   paru  r,  See  "Cities",   "  -Municipalities  ",  "Vil- 

lages ",   "  Counties  '*,   "  Townships  ". 
the  subhead  Debt  under  the  titles  "Cities", 
■  Municipalities  ",  "  Villages  ",  "  Counties  "   "  Townships  ". 

aventions,  See  above,  this  title,  Conventions, 
Direct  Dominations,  See  below,  this  title,  Primaries. 

iture  to  enact  laws  to  secure  fairness  in  naming  party  candi- 
dal, ...  215;  -Miss.  XII  247.) 
On                ,ied  voters  may  vote  at  political  assembly  held  for.     (La. 

200.) 
Pol  ite,  district,  county  and  municipal  offices  to  be  made 

at   direct   primary  elections  or  by  petition  as  provided  by  law. 

(Ohio  V  7.) 
By  petition  uf  non-partisan  candidates,  right  to  place  on  ballot  not 
hided  by  laws  for  primaries.      (Okla.  Ill  5.) 

effective  requisite  number  of  days  before  Tuesday  after 
first  Monday  in  November.     (Ore.  II  14.) 
Plurality  requirement,  proportional  representation  and  preferential 
•  -  may  be  applied  by  law  to.     (Ore.  II  16.) 

'•untie-  and  of  city  of  Baltimore  to  give,  as  prescribed 
by  ■  law?  until  changed.     (Md.  XV  8.) 

this  title,  Frequency. 

'his  title,  Challenges. 
•   below,  this  title,  Registration. 
iths-j  Bee  below,  this  title,  Qualifications  and  Dis- 
"i    Klectors  —  Religious. 
nay  prescribe  oaths  of  electors.     (Conn.  Amend.  VIII.) 
.     :         ribe  other  or  further  oaths  necessary  as  test 
I  qualifications.     (Nev.  II  6.) 

•     provide  uniform  oath  or  affirmation  to  be  administered 
ind  no  person  to  be  compelled  to  take  other  or  differ- 
th  to  entitle  him  to  vote.     (Minn.  XV  3.) 
(  \  t.  II  34.) 
r  htir:l]  teat  oath  prohibited.     (YY.Va.  Ill  11.) 


Index  Digest  625 


ELECTIONS   (Cont'd) 
Offenses 

See  also  below,  this  title,  Purity. 
Bribery,  See  above,  tliis  title,  Bribery. 
Corrupt  practices,  See  above,  this  title,  Corrupt  Practices. 
Disfranchisement  for,  See  below,  tliis  title,  Qualifications  and  Dis- 
qualifications of  Electors  —  Election  Crime  as  Disqualifica- 
tion 
Fraud,  See  above,  this  title,  Fraud. 

At  registration,  See  beloiv,  this  title,  Registration. 

Undue  influence,  See  above,  this  title,  Freedom  of. 

Arrest  for,  on  election  day,  electors  not  privileged  from.     (Ky.  149.) 

Candidates  convicted  of  wilful  violation  of  election  law,  forever  dis- 
qualified from  holding  office  of  profit  or  trust.     (Pa.  VIII  9.) 

At  general,  special  or  municipal  elections  or  primaries,  conventions 
or  meetings,  legislature  may  define  and  punish;  prosecution  not 
subject  to  certain  constitutional  provisions.      (Del.  V  9.) 

Legislature  may  define  and  punish  offenses  against  freedom  and 
purity  of  ballot,  or  touching  conduct,  returns  or  ascertainment  of 
result  of  general,  special  or  municipal  elections  or  of  primary  elec- 
tions, conventions  or  meetings;  prosecutions  not  subject  to  certain 
constitutional  provisions.      (Del.  V  9.) 

Legislature  to  provide  for  correction  of.     (S.C.  II  5.) 

Legislature  to  provide  for  prosecution  of  persons  charged  with.     (La. 

201.) 

Legislature  to  provide  for  punishment  of  persons  voting  in  violation 

of  constitution.     (Wash.  VI  1.) 

Legislature  to  punish  with  fine  and  imprisonment  person  voting  in 
district  or  ward  in  which  he  does  not  reside  except  as  permitted  by 
law,  or  voting  in  more  than  one  district,  or  voting  or  offering  to 
vote  in  name  not  his  own,  or  voting  in  county  in  which  he  does 
not  reside,  or  removing  into  district  in  Baltimore  merely  to  vote 
at  approaching  election.      (Md.  I  4.) 

Person  convicted  of  giving  or  causing  to  be  given  illegal  vote,  in 
addition   to   other   penalties,  forever  disqualified  to  hold  office   of 

profit  or  trust.     (Md.  I  3.) 

In  trial,  testimony  of  witness  may  be  compelled,  with  immunity 
except  for  perjury.     (Colo.  VII  9;  Del.  V  7;  La.  216.) 

In  trial,  testimony  of  witness  except  defendant  may  be  compelled, 
with  immunity  except  for  perjury.     (Ala.  VIII  189.) 
Officers,  See  above,  this  title,  Election  Officers. 
Open,  See  below,  this  title,  Secrecy. 
Opening 

Local  or  special  law  not  to  be  passed  for.  (Coin.  V  25;  111.  II  22; 
La.  48;  Minn.  IV  33;  Mo.  IV  53;  Mont.  V  26;  Xebr.  Ill  15;  N.M. 
IV  24;  N.D.  II  69;  Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56;  W.Va.  VI 

39;  Wyo.  Ill  27.) 

Local  or  special  law  not  to  provide  for  in  state  and  county  elections. 

(Fla.  Ill  20.) 

Local  or  special  law  not  to  provide  for  in  state,  county  or  township 
elections.     (Ind.  IV  22;  Nev.  IV  20;  Ore.  IV  23.) 


- .  ate  Constitutions 


ELI 

this  title,  Manner  of  Voting. 

this  title,  Election  Officers. 

ts,  See  above,  this  title,  Districts. 

•  of  residence  and  not  elsewhere.     (N.Y.  II  1.) 
precinct  of  residence,  but  law  to  provide  for  transfer  on 
ience.      (S.C.  II  9.) 
In  ,  precinct  of  residence,  but  residents  of  unorganized  coun- 

ties may  vote  in  any  precinct  of  county  to  which  their  county  is 
r  judicial  purposes.     (Tex.  VI  2.) 
In  ,  district  of  residence  for  county  officers,  for  state  officers, 

in  any  county;    for  member  of  Congress,  in  any  county  of  con- 
ssional  district.     (Ore.  II  17.) 

•r  officers  heretofore  required  to  be  elected  in  town  meet- 
ing, voters  may  vote  in  respective  wards.     (Me.  IV  Pt.  I  5.) 
In  town  or  plantation  of  residence.      (Me.  II  1.) 

islature  may  enact  laws  requiring  voters  to  vote  in  election  pre- 
cincts of  residence.      (Tenn.  IV  1.) 
Legislature  may  provide  more  than  one  place  of  public  meeting  in 

each  town.     (Mass.  Amend.  XXIX.) 

Mature  may  regulate  place  of  holding  elections.      (Md.  Ill  49.) 

i!  .>r  Bpecial  law  not  to  designate.      (Ala.  IV   104;   Colo.  V  25; 

Ida.  Ill   1<J;  111.  II  22;  La.  48;  Minn.  IV  33;  Mo.  IV  53;   Mont. 

V  2t3;  Nebr.  Ill  15;  KM.  IV  24;  N.D.  II  69;  Okla.  V  46;  Pa.  Ill 

7;  T.-x.  Ill  56;  Va.  IV  63;  W.Va.  VI  39;  Wyo.  Ill  27.) 

Local  or  special  law  not  to  designate,  except  on  organization  of  new 

counties.     (Cal.  IV  25;  Ky.  59.) 
Local  or  special  law  not  to  designate,  for  state  and  county  officers. 

(Fla.  Ill  20.) 
Local  or  special  law  not  to  designate  for  state,  county  and  township 
elections.     (Ind.  IV  22;  Nev.  IV  20;  Ore.  IV  23.) 
Plurality,  See  above,  this  title,  Determination. 

\l  Conventions,  See  above,  this  title,  Conventions. 
Poll  J  •.  •  below,  this  title,  Qualifications  and  Disqualifications 

of  Electors. 
•   above,  this  title,  Districts. 
Pujuchtial  Voting 

Law   may    provide   for  voters'   direct  or  indirect  expression  of  first, 

n<!  <>r  additional  choices.      (Ore.  II   16.) 
F"r  '  '  senator,  law  to  provide.      (Ohio  V  7.) 

Pn 

Advisory  \.  •  above,  this  title,  Advisory  Votes. 

-tered  electors  may  vote.      (La.  200.) 
Electors;  only  registered  electors  may  vote  at  legalized  primary. 

(Va.  II  35.) 
s  convicted  of  making  or  offering  to  make  false  re- 
procure   nomination   of  any  person   to   office  to  be  dis- 
illfted  from  registering  and  voting.     (Ala.  VIII  182.) 
same  qualifications  for  voting.     (Ala.  VIII  183.) 


Index  Digest  627 


ELECTIONS    (Cont'd) 
Primaries   (Cont'd) 

Fraud,    legislature    to    provide    for    punishment.       (Ala.    VIII    190; 

S.C.   II    10.) 
Legislature  may  prescribe  that  primaries  be  mandatory  and  obliga- 
tory.    (Cal.  II  214.) 
Legislature  shall  not  make  primaries  compulsory.      (Ala.  VIII  190.) 
Legislature  to  enact  laws  for  mandatory  primary  system,  for  state, 
district,    county    and    municipal    officers,    including   United   States 
senators,  but  right  to  place  on  ballot  by  petition  non-partisan  candi- 
dates not  excluded.      (Okla.  Ill  5.) 
Legislature   to  enact   direct   primary   law   for   elective   state,   county 
and  city  officers,  including  United  States  senators  and  representa- 
tives in  Congress.      (Ariz.  VII  10.) 
Legislature  to  enact  direct  primary  law,  without  conventions  and  to 
determine  conditions   for  participation   of  electors,   parties  or  or- 
ganizations  in   primaries;    law   in   force   in    1908   to   remain   until 

new  law  enacted.  (Cal.  II  2*£.) 
Legislature  may  enact  direct  primary  law  for  elective  state,  district, 
county  and  municipal  offices  but  not  for  offices  in  townships  or 
municipalities  less  than  2,000  unless  majority  of  their  electors 
petition  therefor;  ballots  for  candidates  to  national  political  con- 
ventions to  state  first  and  second  choice  of  candidates  for  presi- 
dency, but  name  of  presidential  candidate  shall  not  be  used  without 
his  written  authority.  (Ohio  V  7.) 
Legislature  to  enact  laws  to  secure   fairness  in.      (La.  215;    Miss. 

XII  247.) 
Legislature  to  enact  laws  to  secure  regularity  and  purity  of.      (Va. 

II  36.) 
Legislature  to  enact  laws  for  regulation  of.      (S.C.  II   10.) 
Legislature   to    enact   laws,   not    inconsistent   with    constitution,    for 

regulation  of.     (Ala.  VIII  190.) 
Offenses,  legislature  may  define  and  punish;   prosecution  not  subject 

to  certain  coastitutional  provisions.      (Del.  V  9.) 
Offenses,   legislature   to   provide   for   prosecution   of   persons  charged 

with.      (La.  201.,) 
Official  ballots,  no  fee  to  be  required  for  placing  name  of  candidate 

on.     (Ariz.  VII  14.) 
Services  of  election  officers,  legislature  may  establish  rates  of  com- 
pensation in  political  subdivision;    need  not  be  uniform;    legisla- 
ture may  declare  for  this  purpose  population  of  any  city,  city  and 
county,  county  or  political  subdivision.     (Cal.  II  2%.) 

Privileges  of  Electors 

Not   to   be   diminished   or   enlarged    on   account    of   religious   belief. 

(Mich.  II   3.) 

From  arrest,  except  for  treason,  felony  or  breach  of  peace,  during 

attendance  at,  going  to  or  returning  from  elections.      (Ala.  VIII 

192;  Ariz.  VII  4;   Ark.  Ill  4;   Cal.  II  2;  Colo.  VII  5;  Del.  V  5; 

111.  VII  3;  Ind.  II  12;  Iowa  II  2;  Kan.  V  7;   La.  204;  Me.  II  2; 


g   V1K  Constitutions 


BLBCTIOHS     i 

l.  ^VIH^^tlX^^ebr  VII 
0kla.    in    7;    Ore.    II    13;    S.C.  II   14;   S.D.  VII  5; 
tah  1\    :..  Wash.  \1  5;  Wyo.  VI  Suffrage  3.) 

for  treason,  felony  or  breach  of  surety  of  peace 
atj  going  to  or  returning  from  elections       (Pa 

Vlil  5.) 
ir„.  |   except   for  mason,  felony,  breach  or  surety  of  peace, 

„  of  election  laws,  during  attendance  at,  going  to  or  re- 
turning from  elections.      (Ky.   149.) 
I    for  treason;   felony,  breach  of  peace  or  illegal 
tion  days  during  attendance  at,  going  to  or  return- 
ing from  elections.     (N.D.  V  123.) 
Kept  for  treason,  felony,  larceny  or  breach  of  peace, 
a nee  at,  going  to  or  returning  from  elections.      (Ga. 

II  3.) 

rreat    or   aummons,  except  for  treason,   felony   or  breach   of 
during  attendance  at,  going  to  or  returning  from  elections. 

(Tenn.  IV  3.) 

-t   on  civil  process  on  election  day.      (Minn.  VII  5;   Nev. 

II  4.) 
,i  arrest  on  civil  process  during  attendance  at,  going  to  or  re- 
turning from  .lections.     (Conn.  VI  S;  Va.  II  29.) 

rresl   on  civil  process  during  continuance  of  elections  or  time 

■  r  going  to  or  returning  from  same.     (W.Va.  IV  3.) 
ittendance    at    court   as    suitor    or   witness   on    election   day. 

(Mich.  Ill  6.) 
■n  attendance  at  court  as  suitor,  witness  or  juror  on  election  day. 

(Va.  II  29.) 
From  attendance  at  court  or  judicial  proceeding  as  suitor,  witness  or 
juror  during  continuance  of  election  or  time  necessary  for  going  to 
returning  from  same.     (W.Va,  IV  3.) 
mi   highway   labor   during  continuance  of  election   or  time  neces- 
-<r\    for  L.'"in'_r  to  or  returning  from  same.      (W.Va.  IV  3.) 
:u  military  duty  on  election  day  except  in  time  of -war  or  public 
At  i  ■.  \  11  :-;  (al.  II  3;  111.  VII  3;  Iowa  II  3;  Me.  II  3; 
\H'     111  6;    Mont.  IX  5;  Nebr.  VII  5;  N.D.  V  123;  Ore.  II  13; 
S.I). \  11  :>:  I  tab  IV  4;  Va.  II  29;  Wash.  VI  5;  W.Va.  IV  3;  Wyo. 

VI  4.) 

"or  elections   by  equal  proportional  representation 
of  a!'  iv  office  filled  by  election  of  two  or  more  per- 

fficial   duties,   rights  and  powers  are  equal  and  con- 
current    Qualified   elector  resident  in  precinct  and  registered  as 
may  vote  for  one  person  under  title  for  each  office. 

(Ore.   II    16.) 
I'1'!'!  K  '..  See  above,  thit  title,  Privileges  op  Electobs. 

I     .       i ,  a 
samps  as,  See  above,  this  title,  Campaigns. 


Index  Digest  G29 


ELECTIONS   (Cont'd) 

PURITY  , 

See  also  above,  this  title,  Freedom  of. 

Corrupt  practices,  See  above,  this  title,  Corrupt  Practices. 

Fraud,  See  above,  this  title.  Fraud. 

Legislature  to  enact  laws  to  secure.      (Ariz.  VII   12;   Colo.  VII   11; 

Del.  V  1;  Fla.  VI  9;  Md.  Ill  42;  Mich.  Ill  8;  Mont.  IX  9;  Nev. 

II  6;  N.M.  VII  1;  Okla.  Ill  6;  Tenn.  IV  1;  Tex.  VI  4;  Va.  II  36; 

\\.\o.  VI   Klections  1.) 
Legislature  to  enact  laws  to  secure  regularity  of  general,  local  and 

primary  elections.      (Va.  II  36.) 
Laws  to  guard  against  abuses  of  elective  franchise.      (Ariz.  VII  12; 

Colo.  VII   11;   Mich.   Ill   8;    Mont.   IX  9;   X.M.  VII   1;    Wyo.  VI 

^  Elections  1.) 

Legislature  to  punish  oftenses  against.      (Del.  V  9.) 

Qualifications  and  Disqualification's  of  Electors 

Additional,  See  below,  this  subdivision,  Change. 

Adultery,  Sec  l^eloio,  this  subdivision,  Crime  as  Disqualification. 

Age 

Twenty-one  years.      (Ala.  VIII   177;   Ariz.  VII  3;  Ark.  Amend. 

IX;    Cal.  II   1;    Colo.  VII   1;   Conn.  Amend.  VIII;   Del.  V  2; 

Fla.  VI  1;  Ga.  II  1;  Ida.  VI  2;  111.  VII  1;  Ind.  II  2;  Iowa  II 

1;   Kan.  V  1;   Ky.    145;   La.   197;   Me.  II   1;   Md.  I   1;   Mass. 

Amend.  Ill;   Mich.  Ill   1;   Minn.  VII   1;   Miss.  XII  241;   Mo. 

VIII  2;    Mont.   IX  2;    Nehr.  VII   1;    Nev.   II   1;    N.H.  II  27; 

N.J.  II   1;   N.M.  VII   1;   N.Y.  II  1;  N.C.  VI   1;   X.D.  V  121; 

Ohio  V  1;   Okla.  Ill  1;   Ore.  II  2;   Pa.  VIII  1;  K.I.  Amend. 

VII  1;  S.C.  II  3;  S.D.  VII  1;  Tenn.  IV  1;  Tex.  VI  1,  2;  Utah 

IV  2;  Vt.  II  34;  Va.  II  18;  Wash.  VI  1;  Wis.  Ill  1;  Wyo.  VI 

Suffrage  2.) 

Minors  not  permitted  to  vote.      (W.Va.  IV  1.) 

Qualification  not  to  apply  to  school  district  elections.     (Ky.  145, 

155.) 

Date    of    qualifications,    See    below,    this    title,    Registration  — 

Minors. 

Arson,  St,e  below,  this  subdivision,  Crime  as  Disqualification. 

Assault,  See  below,  this  subdivision,  Crime  as  Disqualification. 

Betting  on  Election  as  Disqualification 

See  also  below,  this  subdivision,  Crime  as  Disql  alification. 

Person  making  or  interested  in  bet  or  wager  to  be  disfranchised 

by   law.      (Fla.   VI   5.) 

Person  making  or  interested  in  bet  or  wager  not  to  vote  at  such 

election.     (N.Y.  II  2.) 

Person  interested  directly  or  indirectly  in  bet  may  be  deprived 

by  law  of  right  to  vote  at  such  election.      (Wis.  Ill  6.) 

Bigamy  as  Disqualification 

See  also  below,  this  subdivision,  Crime  as  Disqualification. 

Conviction  disfranchises.     (Ala.  VIII  182;  Ida.  VI  3;  Miss.  XII 

241.) 

Conviction    disfranchises,    unless   pardoned    by    governor.       (S.C. 

II  6.) 


I      (    ONSTITUTIONS 


ELECTIONS    U  '         >j4 

-  am.  Disqualifications  of  Electors   (Cont  d) 
Breach  of  Trust.  Si  •  this  subdivision,  Crime  as  Disqualifi- 

cation. 

Bribery  as  Disqualification 

to  betow,  this  subdivision.  Crime  as  Disqualification. 
tion   disfranchises.      (Ala.   VIII    182;    Conn.   VI   3;    Miss. 

XII  241.) 
Conviction  within  or  without  state  disfranchises.      (Va.  II  23.) 
■    roviction  diafrachises ;  unless  pardoned.      (Ga.  II  2.) 
Conviction    disfrachises ;    unless    pardoned   by   governor.       (S.C. 

II   (J.) 

Conviction    disfranchises;    disability    may    be    removed    by    law, 

passed  by  two-thirds  vote  of  all  members  of  both  branches  of 

legislature.      (Kan.  V  2.) 
Conviction  disfranchises;  privilege  may  be  expressly  restored  by 

legislature.      (E.I.  II  4.) 
Legislature  may  disfranchise  persons  convicted.      (Minn.  IV  15; 

N.J.  II  2;  Ohio  V  4;  Wis.  Ill  6.) 
Legislature  to  disfranchise  persons  convicted.     (Cal.  XX  11;  Fla. 

VI  5;  N.Y.  II  2;  Tex.  XVI  2.) 
Election  bribery;   person  convicted  to  be  disfranchised.      (Md.  I 

3;  W.Va.  IV  1.) 
Election  bribery;  person  convicted  to  be  disfranchised,  unless  re- 
stored to   civil   rights  by  executive  pardon;    not  to   apply   to 
school  district  elections.      (Ky.   145,   155.) 
Election  bribery;  person  convicted  of  bribery  or  of  voting  under 
influence  of  bribe  may  be  by  law  excluded  from  voting  for  not 

over  10  years.     (Me.  IX  13.) 
Election  bribery :   person  convicted  of  offering,  giving  or  receiv- 
ing bribe  for  vote  or  of  bribing  election  officer,  to  be  disfran- 
chised for  10  years.    (Del.  V  7.) 
tion  bribery;  person  offering,  giving  or  receiving  bribe  not  to 
vote  at  such  election.     (X.Y.  II  2;  Pa,  VIII  8;  Vt.  II  51.) 
Election   bribery;    person   offering,   giving   or   receiving   bribe   at 
neral,  special  or  municipal  election  not  to  vote  at  such  elec- 
tion.'   (Del.  V  3.) 
Members  of  legislature  influenced  by  reward  or  promise  of  reward 
t<.  he  disfranchised.      (Cal.  IV  35.) 

son  convicted  of  bribing  or  attempting  to  bribe  an  executive 

or   judicial  officer  of  state  or  member  or  officer  of  legislature 

or   of   any  municipal   corporation   or   an   executive   officer   of 

such   corporation    and    any   officer   or   member   demanding  or 

«ng  a  bribe  for  performing  or  failing  to  perform  official 

duties,  to  be  forever  disfranchised.      (Md.  Ill  50.) 

Burglary,  6  this  subdivision,  Crime  as  Disqualification. 

Change 

r  qualification,  See  the  specific  subheads  through- 
out this  subdivision. 


Index  Digest  631 


ELECTIONS   (Cont'd) 

Qualifications  and  Disqualifications  of  Electors    (Cont'd) 
Change   (Cont'd) 

Law   impairing   or  forfeiting   right  to  vote   not  to  be   enacted, 
except  for   commission   of  felony   at   common   law,   on   lawful 
conviction  thereof.      (Ark.   Ill  2.) 
Legislature  may  prescribe  additional  qualifications  but  not  annul 
'    any   in   constitution.      (Ida.  VI   14.) 

Laws  extending  or  restricting  right  of  suffrage  not  in  force  until 
adopted   by   majority   of   electors   voting   at  general   election. 

(N.D.  V  122.) 
Legislature  may  extend  right  of  suffrage,  but  law  must  be  sub- 
mitted to  people  at  general  election  and  approved  by  majority 
of  all  votes  cast.  (Wis.  Ill  1.) 
Laws  affecting  political  rights  and  privileges  of  citizens  to  be 
without  distinction  of  circumstance  or  condition  other  than 
individual  incompetency  or  unworthiness  duly  ascertained  by 

court.     (Wyo.  I  3.) 
Charity,  See  below,  this  subdivision,  Public  Aid. 

Chinamen,  See  below,  this  subdivision,  Race  or  Color. 

Citizenship 

Citizen  to  include  persons  of  the  male  and  female  sex.      (Ariz. 

VII  2.) 
Citizens  of  the  state.     (Del.  V  2;  W.Va.  IV  1.) 
Citizens  of  United  States  only.      (Ala.  VIII  177;  Ariz.  VII  3; 
Colo.  VII   1;   Conn.  Amend/ VIII;   Fla.  VI  1;   Ga.  II  1;   Ida. 
VI  2;  Iowa  II  1;  Me.  II  1;  Md.  I  1;  Mont.  IX  2;  Nev.  II  1; 
N.J.   II   1;   N.M.  VII   1;   N.C.  VI   1;   N.D.  V   121;   Ore.  II  2 
(Amend.  1914)  ;   R.I.  Amend.  VII  1;  Tenn.  IV  1;  Va.  II  18; 
Wash.  VI  1;  Wis.  Ill  1;  Wyo.  VI  Suffrage  2,  5,  10.) 
Citizens  of  United  States;  not  to  apply  to  school  district  elec- 
tions.    (Ky.  145,  155.) 
Citizens  of  United  States   at  least  one  month  before   election. 

(Pa.  VIII   1.) 
Citizen  of  United  States  at  least  three  months  before  election; 

alternative  as  to  Indians.      (Minn.  VII  1.) 
Citizens    of    United    States    at    least    90    days    before    election. 

(N.Y.  II  1;  Utah  IV  2,  5'.) 
Citizens  of  United  States  and  citizens  of  state.     (La.  197;  Okla. 

Ill  1;  S.C.  II  3.) 
Citizens  of  United  States  and  foreigners  having  declared  inten- 
tion to  become  citizens.     *(Ark.  Amend.  IX;   Kan.  V  1;   S.D. 

VII  1.) 
Citizens  of  United  States  and  foreigners  having  declared  inten- 
tion to  become  citizens,  if  resident  in  United  States  one  year 
and  duly  registered  according  to  law.     (Ind.  II  2.) 
Citizens  of  United  States  and  foreigners  having  declared  inten- 
tion   to    become    citizens    at    least    30    days    before    election. 

(Nebr.  VII  1.) 


State  '  Institutions 


ELECTIONS     I  ,_     j5J^ 

m„,ns  of  Electors   (Con«rf) 

Citizenshu  . 

tea  and   foreigners  having  declared  mten- 

.  ,  ..,  less  than  six  months  before  election. 

(Tex.  VI  2.) 
of  [faited  States  and   foreigners  having  declared  inten- 
eris  no1     •  -  than  one  nor  more  than  five 
ra  )„.,-,,  |  Mb.  VIII  2.) 

and  foreigners  having  declared  inten- 
itizens  two  and  one-half  years  before  November 

8,  1894.     (Mich.  Ill  1.) 
United   !  and  those  who  obtained  certificates  of 

naturalization  before  January  1,  1S70.     (Ind.  VII  1.) 

of  United  State*,  persons  having  acquired  citizen- 
ship   under   treaty    of    Queretaro    or    citizens    naturalized    90 
prior  to  election.     <  Cal.  II  1.) 
Naturalized  citizens  before  registration  to  produce  to  registra- 
rtificates  of  naturalization   or   certified   copies. 

(Fla.  VI  7.) 
Color,   -  this  subdivision,  Race  or  Color. 

Convicts 

law,  this    s  Crime  as  Disqualification. 

i  isian,  Prisoners, 
Crime  as  Disqualification 

Arson  or  burglary.     (Ala.  VIII  182;  Miss.  XII  241.) 
Arson  or  burglary,  unless  pardoned  by  governor.      (S.C.  II  6.) 
Assault   and  battery  oh  wife,  or  murder.      (Ala.  VIII  1S2.) 
Betting  ibove,   iliis  subdivision,  Betting  on  Election  as 

Disqualification. 
Bigamy,  See  above,  this  subdivision,  Bigamy  as  Disqualifica- 
tion. 
Breach  of  trusl  with  fraudulent  intent,  fornication,  housebreak- 
ing or  wife  beating,  unless  pardoned  by  governor.     (S.C.  II  6.) 
Bribery,  >  .  this  subdivision,  Bribery  as  Disqualifica- 

tion. 
nviction  of  person  over  21  disfranchises.     (Md.  1/2.) 

notion  of  such  high  misdemeanor  as  legislature  may  declare 
shall  disfranchise,  disfranchises  unless  restored  to  civil  rights 
by  executive  pardon:  ao\   to  apply  to  school  district  elections. 

(Ky.   145,  155.) 
ime  which  excludes  one  from  being  witness,  dis- 
bises,  unless  pardoned  or  restored.     (N.J.  II  1.) 
•    punishable   in   state  prison,  See  below,   this  subdivision, 
Ikfamous  Grime  \s  Disqualification. 
Defrauding  United  Slates  or  any  state  disfranchises  until  dis- 
ced by  law  passed  by  two-thirds  vote  of  all  mem- 
■  both  b  Legislature.     (Kan.  V  2.) 

low,  this  subdivision,  Dueling  as  Disqualifica- 
tion. 


Index  Digest  633 


ELECTIONS    (Cont'd) 

Qualifications  and  Disqualifications  of  Electors    (Cont'd) 
Crime  as  Disqualification   (Cont'd) 

Election  crime,  See  below,  this  subdivision,  Election  Crime  as 

Disqualification. 
Embezzlement,   See   below,   this   subdivision,   Embezzlement  as 

Disqualification. 
Felony,  See  below,  this  subdivision,  Felony  as  Disqualifica- 
tion. 
Forgery,  See  beloic,  this  subdivision,  Forgery  as  Disqualibica- 

tion. 
Fraudulent  bankruptcy.     (Conn.  VI  3.) 

Incest,  miscegenation,  receiving  stolen  goods,  living  in  adultery, 

rape,  robbery,  assault  with  intent  to  rob,  or  sodomy  or  crime 

against  nature.     (Ala.  VIII  182.) 

Incest,  miscegenation,   receiving  stolen  goods,  adultery,  assault 

with  intent  to  ravish,  robbery  or  sodomy,  unless  pardoned  by 

governor.     (S.C.  II  6.) 
Infamous  crime,  See  below,  this  subdivisio?i,  Infamous  Crime  as 

Disqualification. 
Larceny,  See  below,  this  subdivision,  Larceny  as  Disqualifica- 
tion. 
Legislature  may  disfranchise  for  crime.     (Del.  V  2.) 
Legislature  to  disfranchise  for  high  crimes.      (Cal.  XX  11;  Tex. 

XVI  2.) 
Malfeasance  in  office.      (Ala.  VIII  182;  Cal.  XX  11.) 
Malfeasance  in  office  unless  pardoned.      (Ga.  II  2.) 
Obtaining  goods  by  false  pretenses,  See  below,  this  subdivision, 

False  Pretenses  as  Disqualification. 
Perjury,  See  below,  this  subdivision,  Perjury  as  Disqualifica- 
tion. 
Persons   disqualified   for   crime   before   adoption   of   constitution 
whose  disabilities  have  not  been  removed  to  remain  disquali- 
fied.    (Va.  II  23.) 
Persons  disqualified  for  crime  before  ratification  of  constitution 

to  remain  disqualified.      (Ala.  VIII   182.) 
Prisoners,  See  below,  this  subdivision,  Prisoners. 
Restoration  of  franchise  to  be  by  two-thirds  vote  of  members  of 

both  houses  of  legislature.      (Conn.  Amend.  XVII.) 
Restoration  of  franchise  to  be  by  two-thirds  vote  of  both  houses 
of  legislature;  reasons  to  be  spread  on  journal  and  vote  to  be 
by  yeas  and  nays.      (Miss.  XII  253.) 
State  officers  and  district  judges  may  on  conviction  on  impeach- 
ment be  disfranchised.      (N.M.  IV  36.) 
Treason,  See  below,  this  subdivision,  Treason  as  Disqualifica- 
tion. 
Vagrants   or   tramps,   conviction   as,   disfranchises.      (Ala.  VIII 

182.) 


-ate  Constitutions 


elections    •  '        .,,. 

,AL>HLAIH..NS    OF    ELECTORS     (Cont  d) 

Date  of  Qualifications 

thia  title  Registration  — Minors. 

I      Mt ration.      (Va.  II  26.) 

below,  this  subdivision,  Residence. 

Decisions  as  to 

.  this  subdivision,  Proofs. 

1  town  clerks  at  such  times  and  in  such  manner 
.  ribed  by  law.     (Conn.  VI  5.) 
Dueling  as  Disqualification 

■his  subdivision,  Crime  as  Disqualification. 
ballenging   or   aiding   in   duels,   in   or   out  of   state, 
d.  XX  2;  Miss.  Ill  19;  Tex.  XVI  4.) 
-franchises.     (Conn.  VI  3.) 
[hting,   challenging  or   aiding  in   duels,   in   or   out  of   state, 
legislature  to  provide  for  giving  force  to  pro- 
vision.    (Nev.  XV  3.) 
hallenging   or   aiding   in    duels,   in   or   out   of   state, 
adoption  of  constitution,  disfranchises;  legislature  may 
by    two-thirds  vote  remove  disability.      (Va.   II  23,   IV  57.) 
Participation,  directly  or  indirectly,  disfranchises.    (Wis.  XIII  2.) 
to  disfranchise  persons  duly  convicted  of  fighting  or 
participating  in  duels.     (Fla.  VI  5.) 
Educational 

Legislature  may  establish,  but  elector  qualified  in  1890  not  to  be 

reby  disqualified.     (Colo.  VII  3.) 
Legislature  to  establish.      (X.D.  V  127.) 

Right  to  vote  not  to  be  restricted,  abridged  or  irnpaired  on 
account  of  inability  to  speak,  read  or  write  English  or  Spanish, 
•  \  •  |.t  as  provided  in  constitution.     (N.M.  VII  3.) 

alternative   to   property   qualification,    ability   to   read    and 
write   any   article   of   United   States   Constitution   in   English 
unless  prevented  by  physical  disability  required  in  addition  to 
aployment  for  greater  part  of  preceding  year,  unless  physic- 
ally unable  to  work.      (Ala.  VIII  181.) 
alternative    to    property    qualification    or    registration    under 
Qstitution   of   1898  or   amendment  of   1912,   ability  to   read 
and  write  required;  proof  at  registration.     (La.  197-3.) 
Ability    to    read    constitution    in    English    and    to    write    name 
tired,  unless  prevented  by  physical  disability;  not  to  apply 
to  persona  having  right  to  vote  or  60  years  old  in  1911.     (Cal. 

II  1.) 

Abilitj   to  read  any  article  of  state  constitution  or  any  section 

Of  state  statutes  in  English,  required.     (Conn.  Amend.  XXIX.) 

ity  to  read  constitution  in  English  and  write  name  required 

unless  prevented  by  physical  disability.     (Del.  V  2.) 

I    constitution    in    English    and    to    write    name 
unless  prevented  by  physical  disability;  not  to-apply 
'"I  old  in   1893.      (Me.  Amend.  XXIX.) 


Index  Digest  635 


ELECTIONS   (Cont'd) 

Qualifications  and  Disqualifications  of  Electors    (Cont'd) 
Educational   (Cont'd) 

Ability  to  read  constitution  in  English  and  to  write  name 
required  unless  prevented  by  physical  disability;  not  to  apply 
to    persons    having   right   to   vote   or    60   years   old   in    1857. 

(Mass.  Amend.  XX.) 
Ability  to  read  or  to  explain  any  section  of  constitution  required. 

(Miss.  XII  244.) 
Ability   to   read    constitution    in    English   and   to   write,   unless 
prevented   by    physical   disability,   required;    not   to   apply   to 
persons  having  right  to  vote  in  1912  nor  to  persons  60  years 
old,  January  1,  1904.      (N.H.  I  11.) 
Ability  to  read  and  write  any  section  of  constitution  in  English 
required,  except  of  persons  or  descendants  of  persons  entitled 
to  vote  in  state  of  residence  January  1,  1867,  and  registered 
before  December  1,  1908.      (N.C.  VI  4.) 
Ability  to  read  and  write  any  section  of  constitution  required, 
except  of  persons   or  descendants  of  persons  having  right  to 
vote  or  residing  in  foreign  nation  January  1,   1866;   enforce- 
ment by  election  officers.     (Okla.  Ill  4a.) 
Ability  to  read  and  write  any  section  of  constitution  required, 
except   of   persons   registered   before  January    1,    1S98.      (S.C. 

II  4.) 
Ability  to  read  and  speak  English  required;  legislature  to  enact 

law  for  ascertaining.      (Wash.  VI  1.) 
Ability   to   read   constitution   unless   prevented  by   physical  dis- 
ability.    (Wyo.  VI  Suffrage  9.) 

Election   Crime   as   Disqualification 

See  also  above,  this  subdivision,  Crime  as  Disqualification. 
Conviction  of  selling  or  offering  to  sell  vote,  of  making  or  offer- 
ing to  make  false  election  or  primary  returns,  or  of  suborn- 
ing witness  or  registrar  to  secure  registration  of  any  person 
as  elector,  disfranchises.  (Ala.  VIII  182.) 
Conviction  in  any  place  of  selling  or  offering  to  sell,  or  buying  or 
offering   to    buy    vote,    disfranchises   unless    restored   to    civil 

rights.     (Ida.  VI  3.) 
Conviction   of   giving   or   causing   to   be   given   illegal    vote   dis- 
franchises;  legislature  may  remove  penalty  from  vote  seller. 

(Md.  I  3.) 

Persons  temporarily  or  permanently  disqualified  by  law  because 

of    corrupt    practices    excepted    from    right   to    vote.       (Mass. 

Amend.  XL.) 

Person  convicted  of  wilful  violation  of  election  laws  in  addition 

to  penalties  provided  by  law,  deprived  of  right  of  suffrage  for 

four  years.     (Pa.  VIII  9.) 
Crime  against  election  laws,  unless  pardoned  by  governor.     (S.C. 

II  6.) 
Crime  against  elective  franchise.     (Utah  IV  6.) 


MlTUTIOXS 


ELEci,r     .„ r,,M,«ta-(«) 

Flection  Crime  as  Disqualification  (Cvntd) 

ir,  ,av  ^franchise  persons  convicted  of»i-de«e»or 

.        ,,,i  With  esereise  uf  right  of  suffrage.     (Mo.  VIII  10.) 

ma,  disfranchise  persons  convicted  of  corrupt  prac- 

tices.     (Va.  II  .36. ) 

Embewlement   as  Disqualification 

this  subdivision,  CRIME  AS  DISQUALIFICATION. 
Eranchi8e8.      lAh,  VIII  182;  ^ss.  XI  241 
tion  within  or  without  state  disfranchises       (Va    II  23.) 
ton  of  embezzlement  or  misappropriation  of  public  funds, 

disfranchises.     (Cal.  II  1.) 
on  of  embezzlement  of  public  funds  disfranchises  unless 

pardoned.     (Ga.  II  2.) 
notion  of   embezzlement   of   public   funds   in   any   place   dis- 
franchises, unl<  red  to  civil  rights.     (Ida.  VI  3.) 

Establishment 

..   above,  this  subdivision,  Change. 
government  to  establish.     (Mass.  Pt.  I  9.) 
I  awe  to  MtabMah  qualifications  for  electors  at  school  elections. 

(Ariz.  VII  8.) 
\.    member  of  state  to  be  disfranchised  unless  by  law  of  land  or 
judgment  of  peers.     (Minn.  I  2;  X.Y.  I  1.) 
eitizen  of  state  to  be  disfranchised  unless  by  due  course  of 

law  of  land.     (Tex.  I  19.) 

Existing   Electors 

men  before  ratification  of  constitution  to  be  electors.     (Conn. 

VI  1.) 

On  April  1.  184S,  qualified.     (111.  VII  1.) 

Male  inhabitants  residing  in  state  June  24,  1835,  or  January  1, 

n,  qualified.     (Mich.  Ill  1.) 
In  1889  not  to  be  deprived  of  right,  except  that  after  five  years 

only  citizens  may  vote.     (Mont.  IX  2.) 
Under  laws  of  territory  of  Dakota  at  ratification  of  constitution 

qualified.    .(S.D.  VII  1.) 
In  1910,  rights  not  affected  by  amendment.     (Wash.  VI  1.) 
In  1889  not  to  be  deprived  of  right,  unless  idiots,  insane  or  con- 

victed  of  infamous  crimes.     (Wyo.  VI  Suffrage  10.) 

False  Pretenses  as  Disqualification 

above,  this  subdivision.  Crime  as  Disqualification. 
aviction  dwfranchises.     (Ala.  VIII  182;  Miss.  XII  241.) 
eviction  disfranchises    unless    pardoned   by   governor.      (S.C. 

II  6.) 
nviction  within  or  without  state  disfranchises.      (Va.  II  23.) 
Felony  as  Disqualification 

'  o  above,  this  subdivision,  Crime  as  Disqualification. 
disfranchises.     (Del.  V  2;  W.Va.  IV  1.) 
Within  or  without  state  disfranchises.     (Va.  II  23.) 


Index  Digest  G37 


ELECTIONS    (Cont'd) 

Qualifications  and  Disqualifications  of  Electors   (Cont'd) 
Felony  as  Disqualification  (Cont'd) 

Conviction  disfranchises,  unless  restored  to  civil  rights.     (Ariz. 
VII  2;    Kan.  V  2;   Minn.  VII  2;   X.D.  V   127;    S.D.  VII   8; 

Wis.  Ill  2.) 
Conviction  in  court  of  record  disfranchises,  unless  restored  to 

civil  rights.     (Fla.  VI  4.) 
Conviction  in   any  place  disfranchises  unless   restored  to  civil 

rights.     (Ida.  VI  3.) 
Conviction  disfranchises,  unless  restored  to  civil  rights  by  exec- 
utive pardon;  not  to  apply  to  school  district  elections.      (Ky. 

145,  155.) 
Conviction  disfranchises,  unless  pardoned.     (Mont.  IX  2.) 
Conviction  under  laws  of  state  and  United  States  disfranchises, 

unless  restored  to  civil  rights.      (Xebr.  VII  2.) 
Conviction  in  any  state  or  territory  disfranchises,  unless  restored 

to  civil  rights.     (Xev.  II  1.) 
Conviction    disfranchises,    unless    restored    to    political    rights. 

(X.M.  VII  1.) 
Conviction,  after  adoption  of  constitution,  subject  to  exceptions 
made   by    legislature,    disfranchises,    unless    restored    to    civil 
rights  in  manner  provided  by  law.     (Okla.  Ill  1.) 
Conviction,  subject  to  exceptions  made  by  legislature,  disfran- 
chises.    (Tex.  VI  1.) 
Legislature  may  disfranchise  persons  convicted.      (Ark.  Amend. 

IX;  Mo.  VIII  10.) 
Forgery  as  Disqualification 

See  also  above,  this  subdivision,  Crime  as  Disqualification. 
Conviction  disfranchises.      (Ala.   VIII   182;   Conn.   VI   3;    Miss. 

XII  241.) 
Conviction  within  or  without  state  disfranchises.  (Va.  II  23.) 
Conviction   disfranchises;    unless   pardoned   by  governor.      (S.C. 

II  6.) 
Legislature  to   disfranchise   persons   convicted.      (Cal.   XX    11; 

Tex.  XVI  2.) 
Fornication,  See  above,  this  subdivision,  Crime  as  Disqualification. 
Fraudulent  Bankruptcy,  See  above,  this  subdivision,  Crime  as  Dis- 
qualification. 
Guardianship,  See  below,  this  subdivision,  Persons  under  Guardian- 
ship. 
Housebreaking,  See  above,  this  subdivision,  Crime  as  Disqualifica- 
tion. 
Idiocy  as  Disqualification 

See  also  beloio,  this  subdivision,  Incompetency  as  Disqualifica- 
tion. 
See  also  below,  this  subdivision,  Insanity  as  Disqualification. 
See  also  below,  this  subdivision,  Persons  under  Guardianship. 
Inmate3  of  institutions,  See  below,  this  subdivision,  Inmates  of 

iNSTITUnONS. 


I    0  fSTITDTIONS 


LLECTIONS    i'  '       >jv 

i  M-yi-.vi.ii -i<  Ano.Ns  of  Electors    {tout  d) 

Idiocy  as  Disqualification  [Contfd) 

-  for  privileges  of  electors.     (Ark.  Ill  5;  Cal.  II  1; 
!l  .,.  N,v.   Ill;  Ohio  V  6;  Ore.  II  3.) 

for  voting.  (Ala.  VLU  182;  Del.  V  2;  Ga.  II  2; 
Ida.  \  1  3;  Kv.  145;  Miss.  XII  241;  Mont.  IX  8;  N.J.  II  1; 
N.M.  VII  1  ;  Okla.  Ill  1;  S.C.  II  6;  Tex.  VI  1;  Utah  IV  6;  Va. 
II  23;   Wash.  VI  3;  Wyo.  VI  Suffrage  6.) 

riously  idiotic  persons  whether  interdicted  or  not,  disquali- 
fied for  voting.      (La.  202.) 
Incest,  >'  this  subdivision,  Crime  as  Disqualification. 

Incompetency  as  Disqualification 

also  below,  this  subdivision,  Persons  under  Guardianship. 

DiaquaJ  voting.      (Ariz.   VII  2;   Fla.  VI  4;    Kan.  V  2; 

Md.   1   2;   -Minn.  VII  2;  Nebr.  VII  2;  N.D.  V  127;  K.I.  II  4; 

S.D.  VII  8;  Wis.  Ill  2.) 

Idiocy,  See  above,  this  subdivision,  Idiocy  as  Disqualification. 

Inmates  of  institutions,  See  below,  this  subdivision,  Inmates  of 

Institutions. 
Insanity,  See  below,  this  subdivision,  Insanity  as  Disqualifica- 
tion. 
Indians 

8\  ■  also  below,  this  title,  Race  or  Color. 

Civilized  male  Indians,  natives  of  United  States  and  not  members 

of  tribes,  qualified.      (Mich.  Ill   1.) 
Civilized  persons  of  Indian   descent  who  have  severed  tribal  re- 
lations two  years,  qualified  to  vote.     (N.D.  V  121.) 
Civilized  persons  of  Indian  descent,  not  members  of  tribes,  quali- 
fied;  once  declared  by  Congress  to  be  citizens,  qualified  not- 
withstanding any  later  law  of  Congress.      (Wis.  Ill  1.) 
Civilized  persons  of  mixed  white  and  Indian  blood  qualified;    if 
of   pure   Indian    blood,   to   be   examined   by   district   court   in 
manner  provided  by  law  and  if  pronounced  capable  of  enjoy- 
ing rights  of  citizenship  within  state,  qualified.     (Minn.  VII  1.) 
Natives  <>f  United  States  qualified.     (Okla.  Ill  1.) 
Narragansett  tribe,  members  disqualified.      (R.I.  II  4.) 
Not  taxed,  disqualified.     (Me.  II  1;  Miss.  XII  241;  N.M.  VII  1; 

Wash.  VI  1.) 
•  d    v.lio   have  not   severed   tribal   relations   and   adopted 
habits  of  civilization,  disqualified.      (Ida.  VI  3.) 
Infamous  Crime  as  Disqualification 

ibove,  this  subdivision,  Crime  as  Disqualification. 
"  /""''  ,  See  the  specific  subhead. 

riction  of  infamous  crime,  crime  punishable  by  imprisonment 
in    penitentiary    or    involving   moral   turpitude,    disfranchises. 

(Ala.  VIII  182.) 
-.      (Cal.  II  1;  Iowa  II  5.) 
Conviction   of  offense,   for  which   infamous  punishment  inflicted, 

disfranchises.     (Conn.  VI  3.) 


Index  Digest  639 


ELECTIONS   (Cont'd) 

Qualifications  and  Disqualifications  of  Electors   (Cont'd) 
Infamous  Crime  as  Disqualification  (Cont'd) 

Conviction    of   crime   involving   moral   turpitude,   punishable   by 
imprisonment   in   penitentiary,   disfranchises,  unless  pardoned. 

(Ga.  II  2.) 
Conviction    in    any    place   disfranchises   unless   restored   to   civil 

rights.      (Ida.  VI   3.) 

Conviction  of  crime  punishable  by  imprisonment  in  penitentiary 

disfranchises,    unless    pardoned    with    express    restoration    of 

franchise.      (La.   202.) 
Conviction    disfranchises    unless    restored    to    political    rights. 

(N.M.  VII  1.) 
Conviction   or  confession   in   open  court  on   indictment  of  crime 
punishable  by  imprisonment  in  state's  prison  disfranchises  un- 
less restored  to  civil  rights.      (N.C.  VI  2.) 
Conviction  of  crime  punishable  by  imprisonment  in  penitentiary 

disfranchises.      (Ore.   II  3.) 
Conviction  of   crime   deemed   infamous   at   common   law  disfran- 
chises, until  privilege  expressly  restored  by  legislature.      (R.I. 

II  4.) 

Conviction  by  jury  of  infamous  crime,  previously  declared  by  law 

and  judgment  thereon,  the  only  ground  for  disfranchisement. 

(Tenn.   I   5.) 
Conviction  disfranchises  unless  restored  to  civil  rights.      (Wash. 

VI  3;  Wyo.  VI  Suffrage  6.) 

Legislature    may    disfranchise    persons    convicted.       (Ind.    II    8; 

Minn.  IV  15;  Mo.  VIII  10;  Ohio  V  4;  Tenn.  IV  2;  Wis.  Ill  6.) 

Legislature  to  disfranchise  persons  convicted.      (Fla.  VI  5;   111. 

VII   7;    N.Y.  II   2.) 
After  conviction,  right  to  vote  not  to  be  restored  by  local  or 

special  law.     (Ala.  IV  104.) 
Inmates   of  Institutions 

Inmates  of  charitable  institutions,  except  soldiers'  home,  disquali- 
fied.    (La.  202.) 
Inmates  of  poorhouses  or  other  asylums  supported  at  public  ex- 
pense, disqualified.      (Mo.  VIII  8.) 
Inmates  of  poorhouses  or  other  asylums  supported  at  public  ex- 
pense, except  Federal  and  Confederate  ex-soldiers,  disqualified. 

(Okla.  Ill  1.) 
Idiots,  See  above,  this  subdivision,  Idiocy  as  Disqualification. 
Insane  persons,  See  below,  this  subdivision,  Insanity  as  Dis- 
qualification. 
Paupers,  See  below,  this  subdivision,  Paupees. 
Prisoners,  See  below,  this  subdivision,  Prisoners. 
Residence,  See  below,  this  subdivision,  Residence. 
Insanity  as  Disqualification 

See  also  above,  this  subdivision,  Idiocy  as  Disqualification. 
See  also  above,  this  subdivision,  Incompetency  as  Disqualifi- 
cation. 


I    ONSTITTJTIONS 


elect: 

:        im.ifications  of  Electors   (Cont'd) 

Insanity  as  Disqualification   [Cont'd) 

.  this  subdivision,  Persons  under  Guardianship. 
1,,.,  institu  bove,  this  subdivision,  Inmates  of 

Institutions. 

-  privileges   of  electors.      (Ark.  Ill  5;    Cal.  II   1; 

Nev.  II  1:  Ohio  V  6;  Ore.  II  3.) 

i  :   r  roting.     (Ala.  VIII  182;  Ariz.  VII  2;  Del.  V  2; 

JTa.  VI  4:  Ga.  II  2;  Ida.  VI  3:  Kan.  V  2;  Ky.  145;  Md.  I  2; 

.Minn.    \l!    2;    Miss.   XII    241:    Mont.   IX   S;    X.J.   II    1;    N.M. 

VII   1:   X.D.  V   127;   Okla.   Ill   1;   R.I.  II  4;   S.C.  II  6;  S.D. 

VII   B;   Tex.  VI  1;  Utah  IV  6;   Va.  II  23;  Wash.  VI  3;  Wis. 

Ill  2;  Wyo.  VI  Suffrage  6.) 
Xotoriously  insane  persons,  whether  interdicted  or  not,  disquali- 
fied for  voting.      (La.  202.) 
Persons  of  unsound  mind  not  permitted  to  vote.      (W.Va.  IV  1.) 
Interdicted    Persons,    See    below,    this   subdivision,    Persons    under 

Guardianship. 
Larceny  as  Disqualification 

See  also  above,  this  subdivision,  Crime  as  Disqualification. 
Conviction   disfranchises.      (Ala.   VIII    182;    Conn.   VI   3;    Miss. 

XII  241.) 
Conviction    disfranchises    if    person    over    21    at    time.       (Md. 

I   2.) 
Conviction  disfranchises,  unless  pardoned.      (Ga.  II  2.) 
Conviction   disfranchises,   unless   pardoned  by   governor.      (S.C. 

II  6.) 
Conviction    of    petit   larceny    within    or    without    state    disfran- 
chises.    (Va.  II  23.) 
Legislature  to  disfranchise  persons  convicted.     (Fla.  VI  5.) 
Lepislature  may  disfranchise  persons  convicted.      (Wis.  Ill  6.) 
Laws  Establishing,  See  above,  this  subdivision,  Establishment. 
Malfeasance  in  Office,  See  above,  this  subdivision,  Crime  as  Dis- 
qualification. 
Mental  Defect  as   Disqualification 

Idiocy,  See  above,  this  subdivision,  Idiocy  as  Disqualification. 
Incompetency,    See   above,    this   subdivision,    Incompetency   as 

Disqualification. 
■  •:  above,  ihis  subdivision,  Insanity  as  Disqualifi- 
cation. 
Miscegenation,  See  above,  this  subdivision,  Crime  as  Disqualifica- 
tion. 
Miscellaneous 

alternative  to  property  qualification,  regular  work  in  lawful 
'  '■'  i*t    for  frreater  part  of  preceding  year  unless  physi- 

llly  unable  to  work  in  addition  to  an  educational  qualifica- 
tion  required.      (Ala.   VIII    181.) 
I   moral   character  required.     (Conn.   Amend.  VIII.) 
-on    belonging  or   contributing  to  order,   corporation   or   so- 


Ixdkx     I  )[<;kst  i;  1  I 


ELECTIONS   (Cont'd) 

Qualifications  and  Disqualifications  of  Electors    [Cont'd) 
Miscellaneous    (Cont'd) 

ciety  teaching  or  advising  that  laws  of  this  state  prescribing 
rules  of  civil  conduct  are  not  supreme  law  of  state,  disquali- 
fied. (Ida.  VI  3.) 
Person  who  is  bigamist  or  polygamist  or  living  in  what  is  known 
as  patriarchal,  plural  or  celestial  marriage  or  in  violation  of 
law  of  state  or  United  States  forbidding  such  crime,  or  who 
teaches,  aids  or  encourages  any  person  to  enter  into  such 
marriage  or  who  is  a  member  of  or  contributes  to  support  of 
any  order,  corporation  or  society  teaching,  encouraging  or 
aiding  persons  to  enter  into  such  marriage,  disqualified.     (Ida. 

VI   3.) 
Persons  dishonorably   discharged  from  service   of  United   States 

unless  reinstated,  disqualified.      (Kan.  V  2.) 
Freemen  having  an  interest  in  and  an  attachment  to  community 
qualified    to    be    electors    under    regulations    of    constitution. 

(Vt.  I  S.) 
Quiet  and   peaceable  behavior   required.      (Vt.   II   34.) 
Men  having  sufficient  evidence  of  permanent  common  interest  in 

and  attachment  to,  the  community,  qualified.     (Va.  I  6.) 
Political  test  oath  as  qualification  prohibited.      (W.Va.  Ill  11.) 
For  Municipal  Elections 

Electors  of  city  may  vote  for  any  civil  officer  required  by  con- 
stitution  to   be   elected   in   their   respective   wards.      (Me.    IV 

Pt.  I  5.) 
Same  as  for  general  elections  and  additional  as  provided  by  law. 

(Miss.  XII  245.) 
Payment    of   taxes   during   previous   year    on    property    assessed 
$134  or  more  required  to  vote  for  city  council  or  on  proposi- 
tion to   impose  tax  or   for   expenditure  of  money   in  town   or 

city.     (R.I.  Amend.  VII  1.) 
Same  as  for  general  elections;  in  addition,  residence  four  months 
within   corporate   limits,   and   payment   of   taxes  due   for   pre- 
ceding year.     (S.C.  II  12.) 
Qualified  electors  in  state,  resident  for  six  months  in  city  or  town 
qualified  to  vote  for  mayor  and  other  elective  officers.      (Tex. 

VI  3.) 
Legislature  may  prescribe  property  qualification  not  exceeding 
$250  for  voters  in  county  or  subdivision  thereof,  or  city  or 
town,  as  prerequisite  for  voting  in  any  election  for  officers 
other  than  members  of  legislature,  to  be  wholly  elected  by 
voters  of  such  county  or  subdivision  or  city  or  town ;  such 
action,  if  taken,  to  be  on  initiative  of  representative  in  legis- 
lature of  county,  city  or  town  affected;  legislature  may  make 
such  exemptions  from  qualifications  as  are  not  inconsistent 
with  Constitution  of  United  States.  (Va.  II  30.) 
Registration,  See  below,  this  title,  Registration. 

21 


Si  \  I  !     (  fojfSTITUTJONS 


ELECTIONS  '-/i 

.....   Di^.iu.iricATioNs  OF  Electors    (Cont'd) 
Murder,   Set    above,   this  subdivision,   Crime  as  Disqualification. 
Negroes,  Se>    below,   this  subdivision,  Race  or  Color. 
Non  Compos  Mentis,  /S'ce  above,  this  subdivision,  Incompetency  as 

Disqualification. 
Oaths,  Bet   above,  this   title,,  Oaths. 

Obtaining    Goods   by   False   Pretenses,   See   above,    this   subdivision, 

False  Pretenses  as  Disqualification. 
Paupers 

s. ,    <ils<>  below,  tltis  subdivision,  Property. 

J ii  institutions,  See  above,  this  subdivision,  Inmates  of  Insti- 
tutions. 
Disqualified  for  voting.      (Del.  V  2;  Me.  II   1;   N.J.  II   1;    K.I. 

II  4;  S.C.  II  6;  Va.  II  23;   VV.Va.  IV  1.) 
Disqualified   for  voting   for   governor,  lieutenant-governor,   sena- 
tors and  representatives;      (Mass.  Amend.  III.) 
Supported  by  county,  disqualified  for  voting.      (Tex.  VI  1.) 
Perjury  as  Disqualification 

•v-..   also  above,  this  subdivision,  Crime  as  Disqualification. 

aviction  disfranchises.     (Conn.  VI  3;  Miss.  XII  241.) 
I  onviction  within  or  without  state  disfranchises.      (Va.  II  23.) 
Conviction   disfranchises;    unless   pardoned   by   governor.      (S.C. 

II  6.) 
Conviction   of   perjury   or   subornation  of   perjury   disfranchises. 

(Ala.  VIII  182.) 
Legislature    to    disfranchise    persons    convicted.      (Cal.    XX    11; 

Fla.  VI  5;  Tex.  XVI  2.) 
Legislature  may  disfranchise  persons  convicted.      (Minn.  IV  15; 

Ohio  V  4.) 
Persons  under  Guardianship 

Interdicted  persons  not  permitted  to  register  or  vote.     (La.  202.) 
Disqualified   for  voting.      (Ariz.  VII  2;   Fla.  VI  4;   Ida.  VI  2; 
Kan.   V  2;   Me.   11   1;   Mass.  Amend.  Ill;    Minn.  VII  2;   N.D. 
\     127;    R.l.  II  4;   S.I).  VII  8;  Wis.  Ill  2.) 
Idiots,  See  above,  this  subdivision,  Idiocy  as  Disqualification. 
Incompetents,  See  above,  tltis  subdivison,  Incompetency  as  Dis- 
qualification. 
ine  persons,  See  above,  this  subdivision,  Insanity  as  Dis- 
qualification. 
Poll  Taxes 

Set   also  below,  this  subdivision,  Taxes. 

iBlature  may  make  payment  of  capitation  tax  a  prerequisite 
voting.     (Fla.  VI  8;  Nev.  II  7.) 
Non  payment   not   to  deprive  honorably  discharged  war  veterans 
of    United    States    army    or   navy    of    vote.      (Mass.    Amend. 

XXXI.) 

menl  not  to  be  required  of  soldiers  or  sailors.     (Nev.  II  3.) 

I'  yment    or    advance   of    another's   poll    tax   to    influence   vote 

""I   bribery;   on  conviction,  imprisonment  of  one  to  five 

years.     (Ala.  VIII  195.) 


Index  Dkjkst  ('» !■'! 


ELECTIONS   (Cont'd) 

Qualifications  and  Disqualifications  of  Ki.i;(  toils    (Cont'd) 
Poll  Taxes   (Cont'd) 

Payment  or  advance  of  another's  poll  tax  to  influence  vote  de- 
clared bribery    (La.   1!>S.J 

Payment  before  February  1st  of  poll  taxes  due  for  1901  and 
each  subsequent  year  required.      (Ala.  VIII  178,   194.) 

Payment  at  time  of  collecting  taxes  preceding  election  required; 
evidence  to  be  presented;  exception  for  persons  having  attained 
21  since  time  of  assessment;  tax  receipt  to  be  so  marked  by 
judges  of  election  as  to  prevent  holder  from  voting  more  than 
once  at  any  election.      (Ark.  Amend.  IX.) 

Payment  on  or  before  December  31st  for  two  years  preceding,  of 
tax  of  $1  per  annum  required  unless  over  60,  deaf  and  dumb 
or  blind.  If  under  23,  payment  of  poll  taxes  assessed  suffi- 
cient. Poll  tax  receipts  to  be  shown  to  commissioners  of 
elections;  detailed  provisions,  in  case  of  loss,  for  duplicate  or 
proof  by  certificate;  alteration  of  receipt  forgery.     (La.  198.) 

Uniform  tax  imposed  on  male  inhabitants  between  21  and  (50 
except  deaf  and  dumb  and  those  maimed  by  loss  of  hand  or 
foot,  amount  $2,  may  be  raised  to  $3,  in  any  county;  use 
only  for  common  schools;  to  be  lien  only  on  taxable  prop- 
erty;   no  criminal   proceedings   to   enforce  collection.      (Miss. 

XII  243.) 

Payment  on  or  before  May  1st  required.      (N.C.  VI  4.) 

Assessment  of  tax  of  $1,  or  such  sum  as  with  other  taxes 
amounts  to  $1  on  all  persons  qualified,  if  registered,  to  vote; 
use  of  proceeds  for  schools;  remission  to  persons  who  have 
performed  military  duty  for  the  year,  and  on  application  to 
mariners  for  any  year  while  at  sea  and  to  persons  unable  to 
pay  from  extreme  poverty;  legislature  to  provide  for  collection. 

(R.I.  Amend.  VII  2.) 

Payment  six  months  before  election  required.     (S.C.  II  4.) 

Payment  for  such  period  and  at  such  time  as  legislature  pre- 
scribes required;  elector  to  give  judges  of  election  satisfactory 
evidence  of  payment.      (Tenn.  IV  1.) 

Payment  before  February  1st  preceding  election  by  all  subject 
to  poll  tax  under  law  required;  possession  of  receipt  necessary; 
detailed  provisions  as  to  proof  in  case  of  loss  of  receipt;  legis- 
lation not  needed  to  enact  this  provision.      (Tex.  VI  2.) 

Payment  for  three  preceding  years  required    (or  on  coming  of 
age   $1.50)    except   for  veterans  of  Civil  war  on  either  side; 
detailed  provisions  as  to  evidence  of  payment  and  posting  of 
lists;   legislature  may  prescribe  further  evidence  as  prerequi- 
site.    (Va.  II  18,  20,  22,  3S.) 
Previous  Condition  of  Servitude 

See  also  beloiv,  this  subdivision,  Race  or  Color. 

Law  not  to  restrict  or  abridge  right  to  vote,  on  account  of  pre- 
vious  condition   of   servitude.      (Ariz.   XX    "Seventh";    X.M. 

XXI  5}  Okla.  I  6.) 


r,\\  State  Constitutions 


ELECTIONS 

iixru  mows   \m>  Disqualifications  of  Electors   {Cont'd) 
Previous  Condition  of  Servitude   {Cont'd) 

ote  not  to  be  withheld  from  male  citizen  of  United 
ii   account  of  previous  condition  of  servitude.      (Nev. 

XVIII  1.) 
For  Primaries,  See  above,   thi3  title,  Primaries. 
Prisoners 

Bee  also  above,  this  subdivision,  Crime  as  Disqualification. 

also  above,  this  subdivision,  Inmates  of  Institutions. 
In   confinement   under  judgment  of  court  for  penal   offense  dis- 
qualified.    (Ky.  145.) 
In  public  prisons  disqualified.     (La.  202;  Mo.  VIII  8;  Okla.  Ill 

1;   S.C.  II  6.) 
In  public  prisons  on  conviction  of  criminal  offense  disqualified. 

(Ida.  VI  3.) 
In   public   prisons   disqualified  but   if  qualified  before   imprison- 
ment, he  shall  on  release  by  pardon  or  by  service  of  full  term, 
be  invested  with  all  rights  of  citizenship,  except  as  otherwise 
provided  in  constitution.      (Colo.  VII   10.) 
Proofs 

Decision,  See  above,  this  subdivision,  Decisions  as  to. 
Answer  on  oath  questions  as  to  qualifications  submitted  by  reg- 
istration officers  required.      (Va.  II  20.) 
Certificate   of  registration  before  January   1,   1898,  to  establish 

right   to   franchise.      (S.C.   II    4.) 
Legislature  may  prescribe  nature  of  evidence  to  be   required  as 

to  qualifications.      (R.I.  II  6.) 
Legislature  may  prescribe  other  or  further  rules  or  oaths  neces- 
sary as  test  of  electoral  qualifications.     (Nev.  II  6.) 
Legislature  to  provide  for  ascertainment  of  citizens  qualified  as 
electors.      (Kan.  V  4;  Nev.  II  6;  N.Y.  II  4.) 
Property 

For  municipal  elections,  See  above,  this  subdivision,  Municipal 

Elections. 
Paupers  See  above,  this  Subdivision,  Paupers.  ; 
Taxes,  ,SVc  below,  this  subdivision,  Taxes. 
Qualification  ought  not  to  affect  right  to  vote.     (N.C.  I  22.) 
Qualification  prohibited.     (Cal.  I  24;  Kan.  B.R.  7;  Minn.  I  17.) 
Qualification    prohibited    except    as    provided    in    constitution. 

(Utah  I  4.) 
Qualification   prohibited  except  in   elections  levying  special  tax 
<>r  creating  indebtedness.      (Utah  IV  7.) 
klification  prohibited  except  in  school  elections  and  elections 
creating    indebtedness.      (Ida.    I    20.) 
A-  alternative  to  educational  and  work  qualification,  ownership 
in   Belf  or  wife  Of  40  acres  on  which  they  reside;   or  of  real 
■sonal   property  in  state  assessed  at  $300  or  more,  pro- 
taxes  for  preceding  year  have  been  paid   (unless  assess- 
nttnl    legally    contested    and    undetermined)     required.       (Ala. 

VIII  181.) 


Index  Digest  645 


ELECTIONS   (Cont'd) 

Qualifications  and  Disqualifications  of  Electors    (Cont'd) 
Property   (Cont'd) 

As  alternative  to  educational  qualification  or  registration  under 
constitution  of  1898  or  amendment  of  1912,  ownership  of  prop- 
erty in  state  assessed  at  $300  and  on  which,  if  personal,  taxes 
have  been  paid,  required.      (La.   197    (4).) 

Male  citizen  of  U.  S.  21  years  old  who  has  had  residence  and 
home  in  state  for  one  year,  and  in  town  or  city  in  which  he  may 
claim  right  to  vote,  six  months  next  preceding  time  of  voting, 
and  who  is  "  really  and  truly  "  possessed  in  own  right  of  real 
estate  in  such  town  or  city  of  the  value  of  $134  over  and 
above  incumbrances,  or  which  rents  for  $7  a  year  over  and 
above  rent  reserved  or  interest  of  any  incumbrances  thereon, 
being  estate  in  fee-simple,  fee-tail,  for  life  of  person,  or  estate 
in  reversion  or  remainder,  which  qualifies  no  other  person  to 
vote,  conveyance  of  which  estate  if  by  deed  has  been  recorded 
at  least  90  days,  may  vote  in  election  of  all  civil  officers  and 
on  all  questions  in  legal  town  or  ward  meetings  so  long  as 
he  continues  qualified.  If  he  owns  such  estate  within  state 
out  of  town  or  city  of  residence  he  may  vote  in  election  of 
general  officers  and  members  of  legislature  in  town  or  city 
where  he  has  had  residence  and  home  for  six  months  next 
preceding  election,  on  producing  certificate  from  clerk  of 
town  or  city  where  estate  lies,  dated  within  10  days  of  time  of 
voting,  setting  forth  that  he  has  sufficient  estate  therein  to 
qualify  him  as  voter  and  that  deed,  if  any,  has  been  recorded 
90  days  (apparently  this  is  an  alternative  to  personal  regis- 
try).     (R.I.   II   1.) 

Ownership  of  property  in  state  assessed  at  $300  or  over  re- 
quired if  not  registered  before  January  1,  1898.      (>S.C.  II  4.) 

Ownership  of  property  on  which  in  preceding  year  $1   tax  paid, 

required  for  permanent   registration   in    1902   and   1903.      (Va. 

II  19.) 
Public  Aid 

Institutions,   Sec  above,   this  subdivision,  Inmates  of  Institu- 
tions. 
Paupers,  Sec  above,   this  subdivision,  Paupers. 

Not   to    deprive   honorably    discharged   war   veterans   of   United 
States  army  or  navy  of  right  to  vote.     (Mass.  Amend.  XXXI.) 
Race  or  Color 

Indians,  See  above,  this  subdivision,  Indians. 
Previous  condition,  See  above,   this  subdivision,  Previous  Con- 
dition of   Skrvitude. 
Chinese   disqualified.      (Ore.    II    6.) 
Chinese,  natives  of  China,  disqualified.      (Cal.  II   1.) 
Chinese    or    persons    of    Mongolian    descent    not    born    in    United 

States  disqualified.      (Ida.  VI  3.) 
Color  qualification   removed.      (Conn.  Amend.  XXIII.) 
Law  not  to  restrict,  abridge  or  impair  right  to  vote  on  account 
of  race  or  color.      (Ariz.  XX  Seventh;   N.M.  VII  3,  XXI  5; 

Okla.  I  6;   Wyo.  I  3.) 


Si  vn:    (VwnvTh>v- 


H.KCTIONS      I  _      .,,. 

MM,   ITIONS     WD    DlSQl    Mill. MM. ns    m     ELECTORS     (Confd) 

Race  or  Color  [Cont'd) 

Laws  affecting  political  rights'  and  privileges  to  be  without  dis- 
tinction of  race.      (Wyo.  I  3.) 
1;,,_rilt    ,,,   Vote   kbt   tb  be  withheld  from   male  citizen   of  United 
teg  on  account  of  color.     (New  X\  III  1.) 

I  mulattoes  not  to  have  right  of  suffrage.      (Ore.  II  6.) 
,,-  qualified.     (Kan.  V  1;   Ohio  V  I.) 
Rebellion  as  Disqualification 

tote,  this  subdivision,  Treason  as  Disqualification. 
Pert  at  win.  have  voluntarily  borne  arms  against  United  States 
or  aided  in  attempted  overthrow  of  government   (except  those 
having    been    honorably    discharged    from    military    service    of 
tfnited    States    since   April    1.    1861,   after   at   least   one  year's 
disqualified  until  disability  removed  by  law  passed  by 
two-thirds  vote  of  both  branches  of  legislature.      (Kan.  V  2.) 
Receiving  Stolen  Goods,  See  above,  this  .subdivision,  Crime  as  Dis- 
qualification. 

Registration,  Set    below,  this  title.  Registration. 
Religious 

Political  rights  not   to  be  denied  on  account  of  religion*  belief. 

(in.  ii  3.) 

thai  rights,  privileges  and  capacities  not  to  be  diminished  or 
enlarged  on  account  of  religious  belief.      (Mich.  II   3.) 

lit   to  vote  not  to  be  abridged,  restricted  or  impaired  on  ac- 
count of  religious  belief.     (KM.  VII  3.) 
I    -t   oaths  prohibited.     (W.Va.  Ill   11.') 

rests  prohibited.      (Ark.  II   26;  Kan.  B.E.  7;  Mich.  II  3;  Minn. 

I  17;  Utah  I  4.) 
Residence 

Si  e  His*,    lli-ini'M  k. 

losent   Electors,  See  above,  this  title,  Absent  Electors. 
I    ,     Municipal   Elections,  See  above,   this  subdivision,  For  Mu- 
nicipal  Elections. 
Ri  moval    from    Election    District,    See    below,    this   subdivision, 

Time  Requirement. 
During  War,  Set    below,  this  title.  During  War. 

On    Indian    Lands 

Within  state,  entitles  electors  to  vote  at  polls  nearest  their 
dence;    provided   no   person   to  vote  for  county   officers 
out    of   county   of   residence.      (Wis.  XIII   5.) 
On  hands  Ceded  t<>  United  States 

Not    to  entitle  persons  to  vote.     (R.I.  H  5.) 

Honorably   discharged   soldiers,  marines  and  seamen  having 

ed   hi   forces  of  United  States  or  of  state,  residing  in 

soldiers'    homes    may    gain    residence    for    voting.      (Mich. 

Ill  2.) 
Not   gained   while  confided   in   public  jail  or  prison.      (Ariz. 

VII  2.) 


Index  Digest  647 


ELECTIONS    (Cont'd) 

Qualifications  and  Disqualifications  of  Electors    (Cont'd) 
Residence   (Cont'd) 
Gaming   (Cont'd) 

Not    gained    while    confined    in    public    prison.       (Cal.    11    4; 

Colo.  VII  4;   Kan.  V  3;  Mich.  ITT  2;   Mo.  VIII  7;   Mont. 

IX  3;  New  II  2;  N.Y.  II  3;  Ore.  II  4;  Wash.  VI  4.) 
Not  gained  while  inmate  of  almshouse  or  asylum  at  public 

expense.      (Ariz.  VII  3;   Cal.  II  4;  Colo.  VII  4;   Ida.  VI 

5;  Kan.  V  3;   Mich.  Ill  2;  Mo.  VIII  7;    Mont.  IX  3;   Nev. 

II  2;   Ore.  II  4;  Pa.  VIII  13;  Wash.  VI  4.) 
Not  gained  while  inmate  of  almshouse  or  asylum  or  institu- 
tion  wholly  or  partly   supported  at   public  expense  or  by 

charity.      (N.Y.  II  3.) 
Not    gained    while    inmate    of    charitable    institution.      (Va. 

II  24.) 
Not  gained  while  navigating  waters  of  state  or  United  States. 

(Ida.  VI  5.) 
Not    gained    while    navigating    waters    of    state    or    United 

States   or  high    seas.      (Cal.   II   4;    Kan.   V   3;    La.   208; 

Mich.  Ill  2;  Mo.  VIII  7;  N.Y.  II  3;  Ore.  II  4;  Pa.  VIII 

13;   S.C.  II  7;   Wash.  VI  4.) 
Not   gained   while   navigating   waters   of   United    States    or 

high   seas.      (Nev.   II   2.) 
Not  gained  while  on  state  business.      (Ida.  VI  5.) 
Not  gained  while  in  state  civil  or  military  service.      (Colo. 

VII  4;   La.  208;  Mo.  VIII  7;  Pa.  VIII  13;   Wash.  VI  4.) 

Not  gained  while  in  state  military,  naval  or  marine  service 

,  by  being  stationed  in  garrison,  barrack  or  military  place 

in    state.      (Me.    II    1.) 
Not   gained    while    in    state    service.      (Mich.    Ill    2;    Mont. 

IX  3;  N.M.  VII  4;  Ore.  II  4.) 
Not  gained  while  student  at  institution  of  learning.      (Ariz. 

VII  3;  Cal.  II  4;  Colo.  VII  4;  Ida.  VI  5;  Kan.  V  3;  La. 

208;    Me.  II    1;    Mich.   Ill   2;    Mo.   VIII   7;   Mont.   IX  3; 

Nev.  II  2;  N.M.  VII  4;  N.Y.  II  3;  Ore.  II  4;  Pa.  VIII  13; 

S.C.  II  7;  Va.  II  24;  Wash.  VI  4.) 
Not  gained  while  in  United  States  or  allies'  army  or  navy 

as  soldier,  seaman  or  marine,  by  being  stationed  in  state. 

(Ind.  II  3;  Ore.  II  5.) 
Not  gained  while  in  United  States  army  or  navy  as  officer, 

soldier,    eeaman    or   marine   by   being   stationed    in    state. 

(Va.   II   24.) 
Not  gained  while  in  United  States  army  or  navy  as  soldier, 

sailor  or  marine  by  being  stationed  at  military  or  naval 

place  in  state.      (Ariz.  VII  6;  Mich.  Ill  3;   Mont.  IX  6.) 
Not  gained  while  in  United  States  army  or  navy  as  soldier, 

sailor  or  marine  by  being  stationed   in   state.      (111.   VII 

5;   Minn.  VII  4;   Nebr.  VII  4;   N.D.  V  126;    S.D.  VII   7; 

Wis.  Ill  5;  Wyo.  VI  Suffrage  8.) 


-      ,.    Constitutions 


ELECTIONS 

roD  .,.,  u,11(  wi.i.NS  OF   ELEGTOBS    (Contd) 

Not  gained  while  in  United  States  military  or  naval  service 
sailor  or   marine  by  being  stationed  in  state. 

(Ark.  Ill  7;  Ga.  II  1.) 
ined  while  in  United  States  military.,  naval  or  marine 
service   bj    being  stationed   in  garrison,  barrack  or  mili- 
tary  place  in   state.     (Me.  11   1.) 

ined  while  in  United  States  military,  naval  or  marine 
j    ;„  ing  Btationed  in  garrison,  barrack,  military 
oi  naval  place.     (Iowa  II  4.) 

ined  while  in  United  States  military,  naval  or  marine 

.-.r\i<e  by  being  stationed   in  garrison,  military  or  naval 

Btation    in    state.      (Ohio  V  5.) 

\,.t  rained  while  in  United  States  military,  naval  or  marine 

service  by  being  stationed  in  state.     (Del.  V  2;  Js.J.  II  1; 

W.Va.  IV  1.) 

Not  gained  while  in  United  States  military,  naval  or  marine 

ice  by  being  stationed  in  state;  not  to  apply  to  school 

district  elections.      (Ky.   146",   155.) 

Not  gained  while  in  United  States  regular  army  or  navy  by 

being  Btationed  in  state.     (Okla.  Ill  2.) 
\.>t    gained    while   in    United    States   service   by   being   em- 
ployed  in  garrison,  barrack,  military  or  naval  station  in 

state.     (R.I.  114.) 

Nut  gained  while  in  United  States  service  as  soldier,  sailor 

or    marine    by    being    stationed   or    doing    duty    in    state. 

(La.   175.) 
Not   gained  while  on  United  States  business.      (Ida.  VI  5; 

Kan.  V  3.) 

Not   gained  while  in  United  States  civil  or  military  service. 

(Colo.  \  11   4.    La.  208;  Mo.  VIII  7;   Pa.  VIII  13;  Wash. 

VI  4.) 
Not   gained  while  in  United  States  service.      (Ariz.  VII   3; 
Cal.   11    4:    Mich.   1 1 1   2;    Mont.   IX   3;   Xev.   II   2;    N.M. 
\  II    I:   N.Y.  II  3;  Ore.  II  4;  S.C.  II  7.) 
/  oat 

Not    lost    while   confined    in    public   jail    or   prison.       (Ariz. 

VII   3.) 

Nol    lost    while    confined    in    public    prison.        (Cal.    II    4; 

Colo.   \  II    1;    Kan.  V  3;   Mich.  Ill  2;   Minn.  VII  3;   Mo. 

Mil    7.    Mont.   IX   3;    Xev.   II   2;    N.Y.  II   3;    Ore.  II  4; 

Wash.  VI  4.) 
lost    while    inmate   of    almshouse   or   asylum.       (Minn. 

VII  3.) 

1  while  inmate  of  almshouse  or  asylum  at  public  ex- 

pens(  \ri/..  VII  3;  Cal.  II  4;  Colo.  VII  4;  Ida.  VI  5; 

Kan    V   3j    Mich.  Ill  2;   Mo.  VIII  7;  Mont.  IX  3;   Nev. 

II   -';  <>rc  II  4;   Pa.  VIII  13;  Wash.  VI  4.) 


Index   Digest  G49 


ELECTIONS   (Cont'd) 

Qualifications  and  Disqualifications  of  Electors    (Cont'd) 
Residence   (Cont'd) 
Loss    (Cont'd) 

Not  lost  while  inmate  of  almshouse  or  asylum  or  institution 
wholly  or  partly  supported  at  public  expense  or  by  charity. 

(N.Y.  II  3.) 
Not  lost  while  inmate  of  charitable  institution.  (Va.  II  24.) 
Not  lost  while  navigating  waters  of  state  or  United  States. 

(Ida.  VI  5;  Minn.  VII  3.) 

Not  lost  while  navigating  waters  of  state  or  United  States 

or  high  seas.      (Cal.  II  4;  Kan.  V.  3;   La.  20S;  Mich.  Ill 

2;  Mo.  VIII  7;  N.Y.  II  3;  Ore.  II  4;  Pa.  VIII  13;  S.C.  II 

7;  Wash.  VI  4.) 
Not  lost  while  navigating  waters  of  United  States  or  high 

seas.      (Nev.   II   2.) 

Not  lost  while  on  state  business.      (Ida.  VI  5;   111.  VII  4; 

Ind.  II  4;  N.D.  V  125;  S.D.  VII  6;  Tex.  XVI  9;  Wis.  Ill 

4;  Wyo.  VI  7.) 

Not   lost   while   in   state   civil    or   military    service.      (Colo. 

VII  4;   La.  208;   Mo.  VIII  7;   Pa.  VIII   13;   Wash.  VI  4.) 

Not  lost  while  in  state  military  service.      (Me.  II   1.) 

Not  lost  while  in  state  military  or  naval  service.      (111.  VII 

4;  N.D.  V  125.) 
Not  lost  while  in  state  service.      (Mich.  Ill  2;  Mont.  IX  3; 

N.M.  VII  4;   Ore.  II  4.) 

Not   lost  while   student   in   institution   of   learning.      (Ariz. 

VII  3;   Cal.  II  4;   Colo.  VII  4;  Ida.  VI  5;  Kan.  V  3;  La. 

208;  Mich.  Ill  2;  Minn.  VII  3;  Mo.  VIII  7;  Mont.  IX  3; 

Nev.  II  2;  N.M.  VII  4;  N.Y.  II  3;  Ore.  II  4;  Pa.  VIII  13; 

S.C.  II  7;  Va.  II  24;  Wash.  VI  4.) 

Not  lost  while  on  United  States  business.      (Ida.  VI  5;  111. 

VII   4;    Ind.   II   4;    Kan.  V   3;    N.D.  V  125;    S.D.   VII  6; 

Tex.  XVI  9;  Wis.  Ill  4;   Wyo.  VI  Suffrage  7.) 

Not  lost   while   in   United  States   civil   or   military   service. 

(Col.  VII  4;   La.  20S;   Mo.  VIII  7;   Pa.  VIII   13;   Wash. 

VI  4.) 
Not  lost  while  in  United  States  military  service.  (Me.  II  1.) 
Not  lost  while   in  United   States  military   or  naval  service. 

Okla.  Ill  2;   S.D.  VII  6;  Wyo.  VI  7.) 
Not  lost  while  in  United  States  service.      (Ariz.  VII  3;   Cal 
II  4j  Mich.  Ill  2;  Minn.  VII  3;  Mont.  IX  3;  Nev.  II   2; 
N.M.  VII  4;  N.Y.  II  3;   Ore.  II  4:   S.C.  IT  7.) 
By   removal    from   election    district,    See   below,    this   subdi- 
vision, Residence  —  Time  Requirement. 
Time  Requirement 

In  city,  30  days.      (Wash.  VI  1.) 

In  city,  60  days.      (Mo.  VIII  2.) 

In  city,  six  months.      (R.I.  Amend.  VII   1.) 

In  city,  one  year.      (Miss.  XII  241;  Va.  TI  18.) 

In  city,  time  provided  by  law.      (Colo.  VII  1.) 


Si  \n    Constitutions 


ELECTIONS  ■■••   ;-■; 

■  U.HH  aiiu.ns  oi'  Electors    (Cont  d) 

dence   (Confd) 

tiremmt   [Cont'd] 
In  county,  30  days.     (S.D.  VII  1.) 

In  county    30  days;  actual,  not  constructive.     (Ida.  VI  2; 

Nev.  II  1.) 

In  county,  60  days.     (Iowa  II  1;  Mo.  VIII  2;  W.Va.  IV 

1;  Wyo.  VI  Suffrage  2.) 

In  county,  90  da  vs.     (Cal.  II  1;  111.  VII  1;  N.M.  VII  1; 

Wash.  VI  1.) 

In    county,   throe   months.      (Del.   V  2.) 
In  county,  four  months.     (NT.  II  1;  Utah  IV  2.) 
In  count},  five  months.     (N.J.  II  1.) 

In  county,  six  months.      (Ark.  Amend.  IX;   Fla.  VI   1;   Ga. 
II  1;  Md.  I  1;  X.C.  VI  2;  N.D.  V  121;  Okla.  Ill  1;  Tenn. 

IV   1;   Tex.   VI   2.) 
In  county,  six  months;  not  to  apply  to  school  district  elec- 
tions.     (Ky.   145,   155.) 
In  county,  one  year.      (Ala.  VIII  178;  S.C.  II  4;  Va.  II  IS.) 
In   county,   time   prescribed  by  law.      (Colo.   VII    1;    Mont. 

IX  2;  Ohio  V  1.) 

In  election  district,  10  days.      (S.D.  VII  1.) 

In   election   district,   30  days.      (Cal.   II    1;    Del.   V   2;    111. 

VII    1;   Ind.  II  2;   Minn.  VII   1;   N.M.  VII   1;   N.Y.  II   1; 

Okla.  Ill  1;  Va.  II  18;  Wash.  VI  1.) 

In    election    district,    30    days;     actual,    not    constructive. 

(Nev.   II    1.) 
In   ilcct ion  district,  one  month.      (Ark.  Amend.  IX.) 
In  election  district.  (i(t  days.     (Utah  IV  2.) 
In  election  district,  60 .days;    not   to    apply   to    school   dis- 
trict elections.      (Ky.  145,  155.) 
In   election   district,  two  months.      (Pa.  VIII   1.) 
In  election  district,  90  days.      (N.D.  V  121.) 
In  election  district,  three  months.      (Ala.  VIII  178.) 
In  -l.ction   district,  four  months.      (N.C.  VI  2;   S.C.  II  4.) 
In  election  district,  six  months.      (La.  197   (1>;  Tex.  VI  2.) 
In   election   district,   six  months  to  vote   for  governor,  lieu- 
tenant-governor,   senators    and    representatives.       (Mass. 

Amend.  III.) 

In    election    district,    one   year;    but   minister    of   gospel    in 

charge    of    urbanized    church    entitled    to    vote    after    six 

ttths'   residence.     (Miss.  XII  241.) 

In  election  district,  time  prescribed  by  law.      (Colo.  VII   1; 

Mont.    IX    2.) 
1,1   election   district,  time  prescribed  by  law,  not   exceeding 

30  days.     (Wis.  Ill  1.) 
In   election  district;   removal  within   thirty  days  of  election 
to   another   district   in   same  county,  town  or  city  not  to 
forfeit   right   to  vote  in  old  district.      (Va.  II   18.) 


Index  Digest  651 


ELECTIONS   {Cont'd) 

Qualifications  and  Disqcauih  atio.vs  <<i    Ki.ki  tors    (Cont'd) 
Residence   (Cont'd) 

Time  Requirement    (Cont'd) 

In  election  district  j  removal  within  30  days  of  election 
to  another  district  in  same  county,  incorporated  town  or 
city   not  to   forfeit   right   to   vote   in   old  district.      (Ala. 

VIII  178.) 
In    election   district;    removal   within   four   months  of   elec- 
tion to  another  district  in  same  county  not  to  forfeit  right 
In  hundred,  30  days.      (Del.  V  2.) 

In  election  district;   removal  within  six  months  of  election 
to  another  district  in  same  parish  not  to  forfeit  right  to 
vote  in  old  district.     (La.  197   (1).) 
In   electoral  district,   six  months;    detailed   provisions  as  to 

keeping  residence  in  case  of  removal.      (Md.  I   1.) 
In  hundred,  30  days.      (Del.  V  2.) 
In  legislative  district  of  Baltimore  City,  six  months.      (Md. 

I   1.) 
In  parish,  one  year.      (La.  197   (1).) 
In  state,  three  months.     (Me.  II  1.) 

In  state,  six  months.  (Ind.  II  2;  Iowa  II  1;  Kan.  V  1; 
Mich.  Ill  1 ;  Minn.  VII  1 ;  Xebr.  VII  1 ;  Ore.  II  2,  Amend. 

1914;  S.D.  VII  1.) 
In  state,  six  months;  actual,  not  constructive.     (Nev.  II  1.) 
In  state,  one  year.      (Ark.  Amend.  IX;  Cal.  II  1;  Colo.  VII 
I;    Conn.  Amend.  VIII;   Del.  V  2;    Fla.  VI   1;  Ga.  II   1; 
111.  VII  1;  Md.  I  1;  Mo.  VIII  2;  Mont.  IX  2;  N.J.  II  1; 
N.M.   VII    1;    N.Y.    II    1;    N.D.   V   121;    Ohio   V   1;    Okla. 
Ill    1;    Tenn.   IV    1;    Tex.  VI   2;    Utah  IV  2;   Vt.   II   34; 
Wash.   VI    1;    W.Va.    IV   1;    Wis.   Ill    1;    Wyo.   VI   Suf- 
frage 2.) 
In  state,  one  year;  actual  residence.      (Ida.  VI  2.) 
In  state,  one  year;   but  six  months  only  for  qualified  elec- 
tors or  native-born  citizens  of  state  who  remove  therefrom 
and   then    return.       (Pa.    VIII    1.) 
In  state,  one  year,  for  voting  for  governor,  lieutenant-gov- 
ernor, senators  and  representatives.      (Mass.  Amend.  III.) 
In  state,  one  year,  not  to  apply  to  school  district  elections. 

(Ky.  145,  155.) 
In  state,  two  years.      (Ala.  VIII   178;   La.   197    (1);   Miss. 

XII  241;  N.C.  VI  2;   R.I.  Amend.  VII  1;  Va.  II  18.) 
In  state,  two  years;  but  for  ministers  in  charge  of  organized 
churches  and  teachers  of  public  schools,  six  months.     (S.C. 

II   4.) 
In  town,  30  days.     (Kan.  V  1;  Wash.  VI  1.) 
In  town,  one   month.      (Ark.   Amend.   IX.) 
In  town,  60  days.      (Ind.  II  2;  Mo.  VIII  2.) 
In   town,   six   months.      (Conn.    Amend.   VIII;    R.I.   Amend 

VII    1.) 


,    _.  State  Constitutions 


I  CTIONS 

■  !   Mill.  \lio.\s  OP    EtECTOBS    (Cont'd) 

t'd) 

I    nt'd) 
In  town,  mx  months,  to  vote  for  governor,  lieutenant-gover- 
rfl   and   representatives.      (Mass.   Amend.   III.) 
[a  town,  one  year.     (Miss.  XII  241;  Va.  II  18.) 
In    town,   time    prescribed   by   law.     (Colo.   VII    1;    Mont. 

IX  2;  Ohio  V  1.) 
In  township,  20  days.      (Mich.   Ill    1.) 
In   t  .  .\%  n-lii  j>.  :iU  days.      (Kan.  V  1.) 
In   township,    60   days.      ( Irid.   II   2.) 
In   township,  time  proscribed  by  law.      (Ohio  V   1.) 
In  United  States;  one  year.     (S.D.  VII  1.) 
In   United  States,  one  year  for  foreigners  having  declared  in- 

tention  to  become  citizens.     (Ind.  II  2.) 
In   ward.  20  days.      (Mich.  Ill  1.) 

In  ward,  30  days.      (Ind.  II  2;  Kan.  V  1;  Wash.  VI  1.) 
In  ward,  one  month.     (Ark.  Amend.  IX.) 
In  ward,  three  months  but  removal  within  three  months  to 
;.i  other  ward  in  same  city  not  to  forfeit  right  to  vote  in 
old    ward.      (Ala.    VIII    17S.) 
In   ward,   four  months  but  removal  within   four  months  to 
another  ward  in  same  county  not  to  forfeit  right  to  vote 
in   old   ward.      (X.C.   VI   2.) 
In  ward,  time  proscribed  by  law.      (Colo.  VII  1;  Ohio  V  1.) 
Restoration  of  Franchise  to  Persons  Disqualified,  Sec  above,  this  sub- 
division, Crime  as   Disqualification. 
Restrictions,  See  ahorr,  tit  is  subdivision,  Change. 
Robbery,  8fi  -•  above,  this  subdivision,  Crime  as  Disqualification. 
Sex 

Male,    a-    qualification.     (Ala.    VIII    177;    Ark.    Amend.    IX 
ii    Amend.  \  III;  Del.  V  2;  Fla.  VI  1;  Ga.  II  1;  111.  VII  1 
Ind.    II   2:   La.  197;   Me.  II   1;  Md.  I  1,  D.R.  7;   Mich.  Ill  1 
Minn.  VII    1;    Miss.   XII  241;  Mo.  VIII  2;  Nebr.  VII  1;  N.J. 
II    I;   N.M.  VI!    1;   \.V.  II  1;  X.C.  VI  1;  N.D.  V  121;  Ohio 
V  1;  Okla.  Ill  1;  Pa.  VIII  1;  R.I.  Amend.  VII  1;  S.C.  II  3; 
S.D.  VII   1;  Term.  IV  1;  Tex.  VI  2;  Va.  II  18;  W.Va.  IV  1; 

Wis.  Ill  1.) 
Male,  as  qualification;  not  to  apply  to  school  district  elections. 

(Ky.  145,  155.) 
Male,  as  qualification  to  vote  for  governor,  lieutenant-governor, 

-  and  representatives.     (Mass.  Amend.  III.) 
I.  ■••.-  affecting  political  rights  and  privileges  of  citizens  to  be 

wit  hunt   distinction  of  sex.     (Wyo.  I  3.) 
Male  ,in.)   female  citizens  to  enjoy  equally  political  rights   and 

privileges,     dial,  IV  1 ;  Wyo.  VI  Suffrage  1.) 
Right   to  eote  not   to  be  denied  or  abridged  on  account  of  sex. 
(Kan.  V  8;  Nev.  Amend.  1914;  Utah  IV  1;  Wash.  VI  1;  Wyo. 

VI  Suffrage  1.) 


Index  Digest  653 


ELECTIONS    (Cont'd) 

QUAUFICATIOMS    AND    DlSQl  ALIFKATIO.N  S    OF    ELECTORS     (Cont'd) 

Sex  (Cont'd) 

Right   to  vote  not   to  be   denied   or   abridged   by   state   or   any 
political  division  or  municipality  on  account  of  sex.      (Ariz. 

VII  3.) 
Women,  legislature  may  extend   right   of   suffrage  to;   but  law 
must  be  approved  by  a  majority  of  electors  voting  on  referen- 
dum.     (Colo.  VII  2.) 
Women,   legislature   may  extend  right  of  suffrage  to;   but  law 
must  be  approved  by  majority  of  electors  voting  at  general 

election.      (N.D.  V  122.) 
Women,  legislature  at  first  session  to  submit  question  of  extend- 
ing   suffrage    to;    if    majority    vote    to    strike    "male"    from 
suffrage  article,  no  distinction  thereafter  between  males   and 
females  in  exercise  of  right.      (S.D.  VII  2.) 
Women  may  vote.      (Ariz.  VII   2;    Cal.   II   1;    Ida.  VI  2;   Kan. 
V  8;  Mont.  IX  2,  Amend.  1914;  New  Amend.  1914;  Ore.  II  2; 
Utah  IV  1;  Wash.  VI  1;   Wyo.  VI  Suffrage  1.) 
Women  may  vote  at  school  elections.     (Ida.  VI  2;  Mont.  IX  10; 

N.D.  V  128;   Okla.  Ill  3;   S.D.  VII  9;  Wash.  VI  2.) 
Women    may    vote    at    school    and    library    elections.       (Minn. 

VII  8.) 

Women  may  vote  at  school  elections;   detailed  provisions  as  to 

suspending   and   restoring   right  in   any   district  by   majority 

vote.      (KM.  VII  1.) 

Women    taxpayers,    possessing    other   qualifications    required    of 

men,  qualified  to  vote  on  questions  submitted  to  taxpayers  of 

state.  (Mont.  IX  12.) 
When  question  submitted  to  vote  of  electors  involving  direct 
expenditure  of  public  money  or  issue  of  bonds,  every  woman 
having  qualifications  of  male  electors  who  has  property 
assessed  for  taxes  in  any  part  of  district  or  territory  to  be 
affected  by  result  of  election  shall  be  entitled  to  vote  thereon. 

(Mich.  Ill  4.) 
Slavery,  See  above,  this  subdivision,  Previous  Condition  of  Servi- 
tude. 
Sodomy,  See  above,  this  subdivision,  Crime  as  Disqualification. 
Soldiers  and  Sailors 

Residence,  See  above,  tliis  subdivision,  Residence. 

During  war,  See  beloic,  this  title,  Durixg  War. 

Right  of  suffrage  to  be  enjoyed  by  persons  in  military  or  naval 

service  of  United   States;   but  votes  to  apply  to  county   and 

township   of  which   they  were   bona  fide   residents   at   time   of 

enlistment;    payment  of  poll  taxes  or  registration  not  to  be 

required.      (Xev.  II  3.) 
Disqualified  for   electors.      (Ind.   II   3.) 
Officers,  soldiers  or  marines  in  regular  army  or  navy  of  United 

States  not  allowed  to  vote.      (Mo.  VIII   11.) 
Soldiers,  seamen  or  marines  in  army  or  navy  of  United  States 
not  allowed  right  to  vote.     (Kan.  V  3;  Tex.  VI  1.) 


State  Constitutions 


ELECTIONS      I 

,,n.  ITIONfi    a.m.  DlSQI   Mm-  HIONS  OF   Ki.ectors    (Cont  d) 
Soldiers  and  Sailors   [Cont'd) 

liers,  Beamen  or  marines  in  army  or  navy  of  United  States 
.  -  •   .,  to  have  right  to  voe.     (Ore.  II  5.) 
\,.  ...   below,  this  subdivision,  Veterans. 

Taxes 

Indians,    >  ■■,    this  subdivision,    [NDlANS; 

Payment  as  qualification  for  municipal  elections,  See  above,  this 

subdivision,  Fob  Municipal  Flections. 
Poll  taxes,  See  above,  this  subdivision,  Poll  Taxes. 
Women  taxpayers,  See  above,  this  subdivision,  Sex. 
Payment   of  all  taxes  given  opportunity  to  pay,  except  for  year 

of  election,  required,      f  <  !a.  II  1.) 
Payment  on  or  before  February  1st  for  two  preceding  years  of 
legal  taxes  given  opportunity  to  pay,  required;  production  to 
election  officers  of  evidence  of  payment.      (Miss.  XII  241.) 
Payme'rit   within   two  years  of  state  or  county  tax,  assessed  at 
least  two  months  and  paid  one  month  before  election,  required 
if  22  years  old  or  over.      (Pa.  VIII  1.) 
Per>"!i-  who  voluntarily  pay  -SI  or  such  amount  as  together  with 
other    taxes    amounts    to    $1,    for    support    of    public    schools, 
entitled   to  vote  if  possessed  of  other  qualifications  specified. 

(R.I.    II    2.) 

Payment   during  previous  year  on  property  in  state  assessed  at 

100   or  more   required,   if   not   registered   before   January    1, 

1898;  proof  of  payment  of  taxes  including  poll  tax,  to  be  given 

election  officers,  certificate  of  collecting  officer  to  be  conclusive. 

(S.C.  II  4.) 
Theft,  See  above,  H  is  subdivision,  Larceny  as  Disqualification. 
Tramps,  Be<   above,  this  subdivision,  Crime  as  Disqualification. 
Treason  as  Disqualification 

8<  above,  tins  subdivision,  Crime  as  Disqualification. 

I',  bellion,  See  above,  this  subdivision.  Rebellion  as  Disqualifi- 
cation. 
miction  disfranchises.     (Ala.  VIII  182;  W.Va.  IV  1.) 
Conviction   within  or  without   .state  disfranchises.      (Va.  II  23.) 
Conviction  disfranchises,  unless  restored  to  civil  rights.      (Ariz. 
VI]  2;  Minn.  VII  2;  N.l).  V  127;  S.D.  VII  8;  Utah  IV  6;  Wis. 

Ill  2.) 
aviction    Of    treason    against    state   disfranchises,   unless    par- 
doned.     (Ga.  II  2.) 
eiction    in    any   place   disfranchises,   unless   restored   to   civil 

rights.     (Ida.  VI  3.) 
Conviction  disfranchises,  unless  restored  to  civil  rights  by  execu- 
tive pardon.      (Ky.  145.) 
miction   nnder  laws  of  state  or   United  States  disfranchises, 
unless  restored  to  civil  rights.     (Nebr.  VII  2.) 

any  state  or  territory  disfranchises,  unless  restored 
civil   i  ights.     (Nev.  II  1.) 


Index  Digest  655 


ELECTIONS    {Cont'd) 

Qualifications  and  Disqualifications  ok  Electors   (Cont'd) 

Vagrants,  See  above,  this  subdivision,  Crime  as  Disqualification. 
Veterans 

Persons  who  served  in  United  States  army  or  navy  in  war  and 
have  been  honorably  discharged,  not  to  be  disqualified  on 
account  of  receiving  aid  frorrf  any  city  or  town  or  on  account 
of  non-payment  of  poll  tax.  (Mass.  Amend.  \X.\1.) 
Persons  who  served  in  army  or  navy  of  United  States  <>r  of 
Confederate  states  or  any  state  in  time  of  war;  sons  of  such 
persons;  entitled  to  permanent  registration  in  1902  and  1903. 

(Va.  II  19.) 
Rebellion,  Sec  above,  this  subdivision,  Rebellion  as  Disqualifi- 
cation. 
Wife-beating,  Sec  above,  this  subdivision,  Crime  as  Disqualifica- 
tion. 
During  Rebellion,  See  below,  this  title,  During  War. 
Recall,  See  Recall  of  Public  Officers. 
Records,  Registration,  See  below,  this  title,  Registration. 
Referendum,  See  Initiative  and  Referendum. 
Registration 
Appeals 

Hearing  and  determination   any  time  prior  to  elections.      (La. 

213;  Miss.  XII  251.) 
From  decisions  granting  or  refusing  registration  or  striking  or 
refusing    to    strike    names    from    list,    to    associate    judge    of 
county  or  judge  entitled  to  sit  in  supreme  court.     (Del.  V  4.) 
On   denial,   application    for   relief   to   district   court;    appeal   to 
supreme  court;   legislature  to  provide  for  same  without  cost; 
preferences  in  courts.      (La.  201.) 
From  denial  to  court  of  common  pleas  or  any  judge  and  thence 
to  supreme  court;  hearing  on  appeal  to  be  de  novo;  legislature 
to  provide  for  such  appeal.      (S.C.  II  5.) 
From  denial,  legislature  to  provide  for.      (Va.  II  25.) 
Application 

Oaths,  See  below,  this  stibdivisiofo,  Oaths. 

May  be  made  on  at  least  five  days  during  registration  period. 

(Del.  V  4.) 

To  state,  on  oath,  residence,  names  by  which  known  and  names 

of  employers,  if  any,  for  preceding  five  years;  person  willfully 

making  false  statement  to  be  guilty  of  perjury  and  imprisoned 

in  penitentiary  not  less  than  one  nor  more  than  five  years. 

(Ala.  Mil  1S8.) 
To  state  name,  age,  date  and  place  of  birth,  residence  and  occu- 
pation at  time  and  for  two  years  preceding  and  who! her  he 
has  voted  and  if  so,  state,  county  and  precinct  of  voting; 
must  be  written  by  applicant,  in  presence  of  registration 
officers,  without  aid.  unless  physically  disabled.  (Va.  II  20.) 
By  person  offering  educational  qualification,  in  be  on  oath  writ- 
ten by  applicant  without  assistance  in   English  or  in  mother 


I    ..    5TITUTI0NS 

BU 

i'd) 

Application     '       t'd)  ...  m     _ 

'  thr0Ugh  interpreter  in  presence  of  registration  officer 

deputy  unless  prevented  by  physical  .Usability;  to  contain 
lcts  showing  righl  to  register  and  vote;  form  prescribed.    (La. 

197    (3).) 

person  offering  property  qualification,  to  be  on  oath  before 

registration   officer  or  deputy  and  to  state  that  applicant  is 

'1/(„     of     United     States     and     of     state,     over     21,     and 

property  in  state  assessed  at  not  less  than  $300    and 

ifpropert3  personal,  that  taxes  have  been  paid.   (La.  197  (4).) 

court,  See  above,  this  subdivision,  Appeals. 

Boards 

also  above,  this  title,  Election  Officers. 

re  than  two  members  to  belong  to  same  party  at  time 
of  appointment.  (N.M.  VII  1.) 
Laws  Bhall  secure  equal  representation  of  the  two  political  par- 
tie-  casting  highest  and  next  highest  number  of  votes  at  last 
election;  appointment  or  election  to  be  in  such  manner  and  on 
nomination  of  Buch  representatives  of  parties  as  legislature 
may  direct;  existing  laws  continued  until  legislature  provides 
otherwise;  not  applicable  to  town  meetings  or  village  elections. 

(X.Y.  II  6.) 

Bribery,  See  above,  this  title,  Bribert. 
Certificates 

Legislature  to  provide  for  issue  and  for  renewal  when  lost,  muti- 
lated  or  destroyed  if  applicant  still  a  qualified  elector  under 
constitution  or  registered  before  January  1,  1898.     (S.C.  II  4.) 
Of  permanent  registration,  See  beloiv,  this  subdivision,  Perma- 
nent Registration. 
Production   of  general   certificate   required  to   obtain   certificate 
For  municipal  elections.      (S.C.  II  12.) 
Completion,  See  below,  this  subdivision,  Time. 
Continuation  of  Laws 

Existing  June  4.  1897,  continued  until  legislature  otherwise  pro- 
vides.    (Del.  V  4.) 
Existing  June  1,   1S67,  continued  except  so  far  as  inconsistent 
with   constitution   until   legislature  passes  a  new  registration 

law.     (Md.  I  5.) 
Corrections 

<  II    ll<     d,  S<  e  below,  this  subdivision,  Illegal. 
Maj    be  made  any  time  before  election.      (Del.  V  4;   La.  213; 

Miss.  XII  251.) 
.    under  law  in  force  June  1,  1SG7,  may  be  corrected  as 

provided.      (Md.  I  5.) 
Denial 

Appeals,  8e<   above,  this  subdivision,  Appeals. 

jal  t'  facta  required  in  application.     (Ala.  VIII 

188.) 


IxM'ix   Digest  057 


ELECTIONS    (Cont'd) 

Registration   ( Con  I  \l ) 

Denial  (Cont'd) 

Application  for  relief  to  tli.st rict  court;  preference;  legislature  to 

provide  for  samo  without  cost.     (La.  201.) 
Suitable  remedies  by  appeal  or  otherwise  to  be  provided  by  law 

to  secure   elective   franchise  to   those   illegally  or   improperly 

denied  same.      (Miss.  XII  251.) 

Effect 

Conclusive  evidence  to  judges  of  election  of  right  to  vote.     (Md. 

I  5.) 
Conclusive  evidence  to  election  officers  of  right  to  vote,  unless 
disqualified  for  bribery  at  election.     (Del.  V  4.) 

Fees 

One  dollar,   payable  at  time  of  registration,  for  use  of  county. 

(Del.  V  4.) 

Illegal 

Citizen  may  apply  to  district  court  to  strike  off  names  illegally 
on  list;  appeal  to  supreme  court;  preference  in  court;  legisla- 
ture to  provide  for  such  applications  and  appeals  without  cost. 

(La.  201.) 
Legislature  to  provide  for  correction  of.  (S.C.  II  5;  Va.  II  25.) 
Legislature  to  provide  suitable  remedies  by  appeal  or  otherwise 

to  correct.     (Miss.  XII  248.) 
Legislature  to  provide  for  punishment  of  persons  registering  in 
violation  of  constitution.      (Wash.  VI   1.) 

Laws,  See  beloic,  this  subdivision,  Requirement  of. 
Manner 

Legislature  to  prescribe;  not  to  apply  to  school  district  elections. 

(Ky.  147,  155.) 
Uniformity,  See  beloiv,  this  subdivision,  Requirement  of. 
Minors 

Persons  who  will  at  election  time  be  qualified  electors  as  to  age 
and  residence  may  register.      (La.  213;  Miss.  XII  251;  S.C.  II 

11;  Va.  II  26.) 

For  Municipal  Elections,  See  below,  this  subdivision,  Requirement  of. 

Oaths 

Electors  to  take  oath  prescribed  in  constitution.     (Fla.  VI  3.) 
Electors  to  take   oath  prescribed   in   constitution;    willful   false 
statement  or  answer  to  question  referred  to  therein  to  be  per- 
jury.    (Miss.  XII  242.) 

Offenses 

Persons  convicted  of  suborning  witness  or  registrar  to  secure 
registration    of    any    person    as    elector    to    be    disfranchised. 

(Ala.  VIII   182.) 
Legislature  to  provide  for  prosecution  of  persons  charged  with. 

(La.  201.) 


n      C6NSTITUTI0NS 


CTIONS 

Permanent 

jn    [902   of   electors   otherwise  qualified  who   served   in   United 

g   in   War  of  1812,  War  with  Mexico,  any  Indian 

war.  Civil   war.  War  with  Spain  or  in  forces  of  Confederate 

Btates  or  Alabama   in   Civil  war  or  who  are  descendants  of 

ms  who  served  in   United  States  forces  in  Revolutionary 

war.  War  of  1812,  War  with  Mexico,  any  Indian  war  or  Civil 

war.  or  in  forces  of  Confederate  states  or  Alabama  in  Civil 

war.   or   wlio   are   persons  of  good   character   and   understand 

duties  and  obligations  of  citizenship  under  republican  form  of 

pernment.     Person  registered  not  required  to  register  again 

unless  he  changes  residence;  detailed  provisions  as  to  lists  of 

Buch  persons  ami  certificates  of  registration.     (Ala,  VIII  180, 

187,   190.) 
ler   constitution  of   1898   or   amendment  of   1912.      (La.    197 

(5.).) 
Record  of  persons  registered  as  entitled  to  vote  without  educa- 
tional qualification.     (N.C.  VI  4.) 
lit  fore  January  1,  1S9S,  of  male  persons  of  voting  age  who  can 
read   or  explain   any  section  of  constitution;    such  persons  to 
remain    for  life  qualified  electors  unless  disqualified  by  other 
provisions  of  constitution;  detailed  provisions  as  to  record  of 
persons  so   registered;   certificate  of  record  to  establish  right 
to  subsequent  registration.      (S.C.  II  4.) 
General    registration   in   1902   and   1903   of   persons   qualified  to 
vote  who  served  in  war  in  army  or  navy  of  United  States  or 
of   Confederate   states   or   any  of  the   states,   or  their   sons   or 
persons  who  own  property  on  which  state  tax  of  $1  was  paid 
in   preceding  year  or  can  read  or  explain  any  section  of  the 
constitution;   roll  of  persons  so  registered  to  be  filed;   appeal 
from   denial   of   such    registration;    persons   so   registered  not 
required  to  register  again.     (Va.  II  19.) 
Personal 

l;"! 'I  as  qualification  to  vote.     (Del.  V  4;  La'.  197   (2).) 

i    ired  in  cities  and  villages  of  5,000  or  more  at  last  enumera- 
tion;  not    required  elsewhere  at  first  meeting  of  registration 
Place  officers.     (N.Y.  114.) 

In  county  of  residence.     (Xev.  II  6.) 
|r  01   town  of  residence.     (R.I.  Amend.  XI  11.) 

Prohibited 

ike  right   to  vote  depend  on  previous  registration. 

(Ark.  Ill  2.) 
to  authorize  or  establish  board  or  court  of  registration. 

Qualifications  .  (W.Va.  VI  43.) 

8a  abovt .  this  subdivision,  Minors. 

title,  Quale  [cations  and  Disqualifications  op 

Electors. 


Index  Digest  059 


ELECTIONS    (Cont'd) 

Registration    (Cont'd) 
Records 

Questions  of  registration  officers  and  answers  of  applicants  to  be 
reduced  to  writing,  certified  by  officers  and  preserved  as  part 
of  official  records.      (Ya.   II  20.) 
Requirement  of 

Due  registration  required  to  entitle  persons  to  vote  at  state, 
county,  municipal,  general,  local  or  special  elections;  legis- 
lature to  enact,  general  laws  for  registration  after  January  1, 
1903.      (Ala.  VIII  178,  184;  186,  I'M).) 

Legislature  to  enact  laws.      (Ariz.  VII   12.) 

Legislature    to    enact    laws    for    uniform    biennial    registration. 

(Del.  V  3.) 

Legislature  to  provide  for  uniform  registration  for  general  bien- 
nial elections;  registration  not  to  be  required  for  other  elec- 
tions unless  legislature  provides  otherwise.      (Del.  V  4.) 

Legislature  at  first  session  after  ratification  of  constitution  to 
provide  for  registration  and  to  exclude  persons  not  duly 
registered  from  voting.      (Fla.  VI  2.) 

Legislature  may  provide  for  registration.      (Ga.  II  2.) 

As  qualification  for  voting.      (Ida.  VI  2.) 

Legislature  to  provide  for  registration.      (Ind.  II  14.) 

Legislature  to  enact  registration  laws  for  cities  and  towns  of 
5,000  or  over;  may  enact  for  other  places;  not  to  apply  to 
school  district  elections.      (Ky.   147,  155.) 

Legal  registration  required  to  vote  at  election,  primary,  con- 
vention or  nominating  assembly;  legislature  to  enact  general 
registration  law  in  1S9S  to  provide  for  registration  throughout 
the  state.      (La.  197    (2),  200,  214.) 

Legislature  to  provide  for  registration ;  but  not  to  be  required  for 
town  and  village  elections  except  by  express  provision  of  law. 

(N.Y.   II  4.) 

Legislature  to  provide  for  uniform  registration;  no  person  to 
vote  at  federal  or  state  election  or  municipal  election  in  Balti- 
more unless  registered;  names  of  persons  qualified  to  be 
added   to    registry   made   under    law   in    force   June    1,    1S67. 

(Md.  I  5.) 

Due  registration  under  constitution  and  laws  of  state  by  an 
authorized  officer  a  necessary  qualification  to  vote  at  any 
election.      (Miss.  XII  241,  249.) 

Legislature  to  enact  registration  laws  for  cities  and  counties 
over  100,000;  may  enact  for  cities  between  25,000  and  100,000. 

(Mo.  VIII  5.) 

Legislature  may  enact  registration  law.      (Mont.  IX  9.) 

Legislature  to  provide  for  registration;  but  not  to  be  required 
of  soldiers  and  sailors.      (Xev.  II  3,  0.) 

Legislature  may  enact  registration  laws.      (X.M.  VII   1.) 

Legislature  to  provide  for  registration;  but  not  to  be  required 
for  town   and  village  elections  except  by  express  provision  of 

law.      (X.Y.  II  4.) 


g       :    Constitutions 


ELECTIONS     I 

t'd) 
Ki-quirement   of    (Cont'd) 

enact  general  registration  laws;  legal  registration 

quired  to  vote.     (N.C.  \  I  •'5.) 
A-  qualification  to  vote,  Lf  legislature  provides  for  registration; 
ride  for  registration  throughout  state  or  in  any  incor- 
citj   or  town.     (Okla.  HI  6.) 
»ture    may    enact    registration    laws   uniform    throughout 
ate;  but  laws  may  apply  to  cities  only  if  uniform  for  cities 
of  sarai   class,     i  Pa.  \  1 11  1,  7.) 

islature  maj  provide  for  "  a  registry  of  voters";  no  person  of 
whom  registration  required  by  law  to  be  permitted  to  vote 
unless  registered  in  town  or  city  where  he  resides  on  or  before 
last  daj  of  June  preceding  time  of  voting.     (R.I.  II  6,  Amend. 

XI  11.) 
Legislature  to   provide   for   registration  generally   and   for.  elec- 
tions in  municipalities.     (S.O.  II  8,  12.) 
Legislature  maj   enact   registration  laws  for  cities  of  10,000  or 

more.     (Tex.  VI  4.) 
Citi/en-    required    to    register   for   voting;    legislature   to   enact 
laws  for  annual  registration  of  those  not  permanently  regis- 
ed  in  1903  and  for  transfer  of  voters  registered  under  con- 
stitution.    (Va.  II  18,  25.) 
Legislature  to  enact  registration  laws  for  cities  and  towns  over 
.  may  enact,  for  others;  same  system  need  not  be  used  for 

both  classes.     (Wash.  VI  7.) 
Legislature  to  enact  registration  laws.      (W.Va.  IV  12.) 
Legislature  may  enact   registration  laws  for  incorporated  cities 

and  villages.      (Wis.  Ill  1.) 
Oul.    registered   electors   to  vote  at  general  or  special  election 
unless  failure  to  register  caused  by  sickness  or  absence;  legis- 
lature to  enacl   necessary  laws,  subject  to  amendment  but  not 
repeal.      (Wyp.   VI   Suffrage   12.) 
Revision,  fife*    above,  this  subdivision,  Corrections. 
Right  to  Register 

.   ih is  subdii  ision,   Minors. 
this  title,    Qualifications    and   Disqualifications 

of  Electors. 
Systems,  Set   above,  this  subdivision,  Manner. 
Time 

r  persi  '  -   becoming  of  age  between  registration  and  election, 
ibdivision,  Minors. 
'  years  and  for  electors  not   previously  registered  under 
tin-    constitution    every    year.       (S.C.    II   4.) 

1 mmence   aol    e  than    120   nor  less  than  60  days  before 

election;  completion  not    more  than  20  nor  less  than  10  days 
before  election.     ( Del.  V  4.) 
(  "in pleti on  at  leas!    10  'lavs  before  election.     (N.Y.  II  4.) 
plction  30  'lays  before  election.     (S.C.  II  11.) 


Index  Digest  661 


ELECTIONS   (Cont'd) 

Registration    (Cont'd) 

Time    (Cont'd) 

Not  to  be  within  30  days  before  election.      (La.  213.) 

Not  to  be  within  four  moid  lis  before  election.      (Miss.  XII  251.) 

On   or   before  last   day   of   June   before   election.      (R.I.   Amend. 

XI   11.) 
In  Representative  Bodies 

Legislature,  See  Legislature. 

To  be  viva  voce.     (Ark.  Ill  12;  La.  203;    Mo.  VII]   6;    I'm.  VIII  12; 

7a.  II  27.) 

In  legislature,  county  or  municipal  body,  vote  shall  lie  viva  voce  and 

entered  in  journal.      (YY.Va.  VI  44.) 
Of  Representatives 

In  Congress,  See  Congress  of  United  States. 
In  legislature,  See  Legislature. 
Residence,  See  above,  this  title,  Qualifications  and  Disqualifications 

of  Electors. 
Restoration  of  Franchise,  See  above,  this  title,  Qualifications  axd 

Disqualifications  of  Electors  —  Crime  as  Disqualification'. 
Results 

Canvass,  See  above,  this  title,  Canvass  of  Votes. 
Determination,  See  above,  this  title,  Determination. 
Disclosing,  See  above,   this   title,   Election   Officers  —  Oaths   and 

Affirmations. 
Returns,  See  beloic,  this  title,  Returns. 

Of  election  of  state  officers  to  be  voted  for  at  general  election,  to  be 
declared  by  chief  justice  and  associate  justices  of  highest  court  or 

majority.     (.Nev.  V  4.) 
Of  election  of  state  officers,  to  be  declared  by  state  canvassing  board. 

(N.M.  V  2.  XX  7.) 
Returns 

Of  absent  electors'  votes.  See  above,  this  title.  Absent  Electors. 
Canvass,  See  above,  this  title,  Canvass  of  Votes. 
Of  soldiers'  and  sailors'  votes,\Sfee  above,  litis  title,  Absent  Electors. 
During  war,  See  below,  this  title,  During  War. 
To  secretary  of  state  in  manner  provided  by  law.      (Miss.  IV  114.) 
For  state  officers  voted  for  at  general  election  to  be  sealed  and  trans- 
mitted  to   secretary   of   state;    to   be   opened    by    chief   justice   and 
associate  justices  of  highest  court  or  majority  meeting  at  office  of 

secretary  of  state.      (Xev.  V  4.) 
For  state  officers  to  be  sealed  and  transmitted  to  secretary  of  state. 

(N.M.  V  2.) 
For  state  officers  to  be  scaled  and  transmitted  to  speaker  who  imme- 
diately after  organization  of  house  and  before  proceeding  to  other 
business,  opens  and  publishes  in  presence  of  majority  of  each  house. 

(Okla.  VI  5.) 
For   civil   officers  to  be  commissioned  by  governor,  except   attorney- 
general,  state  auditor,  secretary  of  state,  state  treasurer,  superin- 
tendent   of    education,    and    commissioner    of    agriculture    and    in- 
dustries and  for  members  of  legislature,  to  be  made  to  secretary  of 

state.      (Ala.  VIII  193.) 


State  Constitutions 


ELECTIONS   [ConV 

.    -  elected  b3    people  and  to  be  commissioned  by  gover- 
and  for  members  of  legislature,  to  secretary  of  state,  unless 
otherwise  provided  by   law.      iCa.   II   6.) 
por   civU   officers   to   be   commissioned   by   governor   to   secretary  of 
state    unless  otherwise  provided  in  constitution.     (La.  211.) 

officers  to  be  commissioned  by  governor  and  for  members  of  legis- 
lature to  secretary  of  Btate,  except  as  otherwise  provided  in  con- 
stitution.     (Ark.   XIX   10.) 
por  clerks,  registers  of  wills  and  other  officers  provided  in  constitu- 
tion, except    state's   attorneys,   to  be  made  to  governor  by  clerks 
0f  circuit  courts  of  counties  and  clerk  of  superior  court  of  Balti- 
more.     (Md.  IV   11.) 
Of  election   of  county   and   district  officers,  commissioners  of  county 
court    to    judge,   subject    to   regulation  by  appeal  or  otherwise  as 
provided  by  Law.      (W.Va.  VIII  24.) 
In  city  wards,  to  secretary  of  state's  office  by  alderman  in  same  man- 
ner  as  bj    selectmen  of  towns.     (Me.  IV  Pt.  I  5.) 
islature  may  regulate.      (Md.  Ill  49.) 
Legislature   may   regulate  by   general   law;    not  to   apply  to   school 

district  elections.      (Ky.  153,   155.) 
I  egislature  to  regulate.     (Fla.  N't  2;  Nev.  II  6;  Va.  IV  56;  W.Va. 

IV  11.) 
Legislature  to  prescribe  manner  of  returning  votes  in  municipal  elec- 
tions.    (Mass.  Amend.  II.) 
Fraud,  mistake,  disagreement  or  failure  to  produce  certificates,  sum- 
mary  process  to  issue  againsl   election  officers.     (Del.  V  6.) 
Offenses  touching  returns  of  general,  special  or  municipal  elections, 
legislature    may    define    and    punish;    prosecution    not    subject    to 
certain  constitutional   provisions.      (Del.   V  0.) 
I',  rson  convicted  of  making  <»r  offering  to  make  false  returns  to  pro- 
cure  election   of   any   person    to  office,   disfranchised.      (Ala.  VIII 

182.) 
Right  oi   vi  i  frage,  See  above,  this  title,  Qualifications  and  Disquali- 
fications of  Electors. 
oi    Liquor,  8e<  above,  this  title,  Intoxicating  Liquors. 
Si  cbbci 

Ballot  boxes,  Set   above,  this  title,  Ballot  Boxes. 

Of  ballots,  Se<   above,  this  title,  Ballots. 

In  above,  this  title,  Canvass  of  Votes. 

-hall  be  open.     (Colo.   II   5;   Mo.   II  9;   Mont.  Ill  5;  N.M. 

IIS;    S.C.   I    10;    Wyo.   I  27.) 
lions  never  to  be  held  in  secret.     (S.C.   II   1.) 
Selling  V<  •   above,  this  title,  Offenses. 

Bi   Soldiers 

this  title,  Absent  Electors. 
Qualifications,  Set  above,  this  title,  Qi  unifications  and  Disqualifi- 
cations of  Electors. 
In  ••   below,  this  title,  During  War. 


Index  Digest  G63 


ELECTIONS    (Cont'd) 
Special 

See  also  throughout  this  title, 
Law  may  provide  for.     (Utah   I  V  !).  | 
State,  See  throughout   this   title. 
Taxpayers'   Elections,   See  State    Debtj    and   See    the   subhead   Debt 

under  the  various  classes  of  municipalities. 
Testimony  in  Investigations,  See  above,  this  title,  Investigations. 
Tie  Vote 

Xew  election  to  be  ordered  by  governor  except  in  cases  specially  pro- 
vided in  constitution  if  two  or  more  have  highest  and  equal  number 

of  votes.      (Md.  XV  4.) 
Legislature    in    joint    convention    to    choose    one    of    persons    in    tie. 

(.Mich.   XVI   4.) 
For    state   officers   elected    at   general    election,    legislature    by    joint 

ballot  to  choose  one  of  persons  in  tie.      (Xev.  V  4.) 
For  state  officers,  legislature  by  joint  ballot  to  choose  one  of  persons 

in   tie.      (X.M.  V  2.) 
For  state  officers,  legislature  forthwith  by  joint  ballot  to  choose  one 
of  persons  in  tie.      (Okla.  VI  5.) 
Time 

Frequency,  See  above,  this  title,   Frequency. 
Legislature  shall   regulate.      (Okla.   Ill  4.) 

On   first   Thursday   in   August   for   judicial   and   other   civil    officers. 

(Tenn.  VII  5.) 
On  first  Monday  in  September  for  general  elections.     May  be  changed 

by   legislature.      (Ark.   Ill   8.) 
On  second  Monday  in  September.      (Me.  II  4.) 

On  Tuesday  after  first  Monday  of  November  for  general  election  of 
representatives  in  Congress  and  state,  county  and  precinct  officers. 

(Ariz.  VII  11.) 

On  Tuesday  after  first  Monday  of  Xovember  for  general  election  of 

governor,  lieutenant-governor,  secretary,  treasurer,  comptroller  and 

members    of    legislature    and    such    officers    as   may   be    prescribed. 

(Conn.  Amend.  XXVII  1.) 
On  Tuesday  after  first  Monday  in  Xovember.      (Del.  VI.) 
On  Tuesday  after  first  Monday  in  Xovember  for  general  elections  of 

state  and  county  officers.     (Fla.  XVIII  9.) 
All    general    elections    to    be    held    on    Tuesday    after    first    .Monday 
in  Xovember,  except  township   elections  to  be  held   at  time   pre- 
scribed  by   law   and   election   of   judges   of   courts    of   general   or 
appellate  jurisdiction  to  be  held  at  time  prescribed  by  legislature 
when  no  other  officer  shall  be  voted  for.      (Ind.  II  14.) 
On  Tuesday  after  first  Monday  in  Xovember  for  general  election  of 
state,  district,  county  and  township  officers.     (Iowa  II  7,  XII  16.) 
On  Tuesday  after  first  Monday  in  Xovember  for  general  and  town- 
ship elections.     (Kan.  IV  2.) 
All  elections  of  state,  county,  city,  town  or  district  officers  shall  be 
held     on     Tuesday     after     first    Monday     in    November,     but    no 
officer  of  any  city,  town  or  county,  or  of  any  subdivision  thereof, 


Cd»STlTUTlbNS 


ELECTIONS      ' 
in 


f  municipal  legislative  boards,  shall  be  elected 

.    ,    iM    which    representatives    in   Congress   are   elected. 

or  state  officers,  including  members  of  legislature,  may  be 

|    i„   Bame  year   in  which   members  of  Congress  are  elected. 

KU  ,.,,.,.,!,.,  between  six  o'clock  a.  mt.  and  seven  o'clock  i\  M., 

,ut   legislature  may   change.     Provisions  not  to  apply  to  school 

district  elections.      (Ky.  148,  155.) 

[ay  after  third   Monday  of  April,  for  general  state  election 

until  otherwise  provided  by  law.    Parochial  elections  on  same  day 

general    elections,    bul    not    oftener    than    every    four    years; 

ial  provisions  for  New  Oilcans.     (La.  206,  207.) 

On  Tuesday  after  firsl    Monday  of  November  in  years  in  which  they 

i  ur    for  general  elections;  legislature  may  regulate.     (Md.  XV  7, 

III  49.) 

on   Tuesday   after  firsl    Monday  of  November  for  general   election. 

(Minn.  VII  9.) 
State  and  county  officers  to  be  eleeted  on  Tuesday  after  first  Monday 
of  November.  State  officers  to  be  elected  at  same  time  as  governor. 
General  elections  to  be  held  on  first  Tuesday  after  first  Monday 
of  November.  Legislature  may  change  day  and  date  to  any  day 
and   date    in   October,   November   or   December.      (Miss.   IV   102, 

V  143,  XII  252.) 

(in    Tuesday    after    first    Monday    in    November.      Legislature    may 

change  by  a   two-thirds  vote  of  all  members  of  each  house.     (Mo. 

VIII  1.) 

State,    district,    county,    precinct    and    township   officers    elective   by 

people,    excepl     school    district    officers    and    municipal    officers    in 

cities,  villages  and   towns,  to  be  elected  at  general  election.     Cen- 

«i ;il  election  to  be  held  on  Tuesday  after  first  Monday  of  November. 

(Nebr.  XVT  13.) 
On   Tuesday   after   first    Monday   in   November  for  general  election. 

(Nev.  XV  5.) 

eral    elections    to    be    held    on    Tuesday    after    first    Monday    in 

November,   but    legislature   may   regulate   time.      School   elections 

to  be  held  a1  different   times  from  other  elections.    '(N.M.  VTI  1, 

XX  6.) 

On   Tuesday    afteT   lir>t    Monday    in  November  for  city  officers   and 

county  officers   in   New   York   and  Kings  counties  and  in  counties 

ciininoiis    with    cities,    except    to    fill    vacancies    (provision    not 

applicable  to  citj   of  third  (lass  or  to  election  of  judicial  officers, 

ept    judges  of   interior  local   courts).     To  be  prescribed  by  law 

for  officers  named  in  arti.de  X.     (N.Y.  XII  3,  X  4.) 

On   Tuesday    after   firsl    Monday   in  November  for  general  election. 

(N.D.  V  124.) 

For  .nd    county    officers   on    Tuesday    after    first   Monday   in 

mber   in   even   numbered   years;    for  all  other  elective  officers, 

on    I       daj    after    first    Monday    in    November    in   odd   numbered 

•-hip  officers  to  be  elected  at  lime  prescribed  by  law. 

(Ohio  X  2,  4,  XVII  1.) 


Index  Digest  065 


ELECTIONS   (Cont'd) 
Time  (Cont'd) 

Kegular  general  biennial  election  on  Tuesday  after  first  Monday 
of  November.  Laws  relating  to  first  Monday  in  June  to  be  con- 
strued   to    apply    to    Tuesday    after    first   Monday    in    November. 

(Ore.  TI  14.) 
General  election  on  Tuesday  after  first  Monday  of  November.  Legis- 
lature may  change  by  vote  of  two-thirds  of  all  members  of  each 
house  provided  that  election  shall  always  be  held  in  even  numbered 
years.  On  Tuesday  after  first  Monday  in  November,  municipal 
election  day,  for  judges  of  judicial  districts  and  for  county,  city, 
ward,  borough  and  township  officers.  County  officers  elected  at 
municipal  elections.  State  officers  to  be  elected  on  general  elec- 
tion day  and  local  officers  on  municipal  election  day  unless  to 
fill  unexpired  term.  (Pa.  VIII  2,  3,  XII  1,  XIV  2.) 
On  Tuesday  after  first  Monday  in  November  for  general  elections, 
except  municipal  and  school  officers  shall  be  elected  at  time 
provided   by    constitution;    as    prescribed    by    law    for    municipal 

officers.  (Utah  IV  9.) 
On  Tuesday  after  first  Monday  in  November  for  county  and  district 
officers.  On  Tuesday  after  first  Monday  in  November  for  elective 
officers  of  cities,  except  mayors ;  legislature  may  change,  except 
that  election  of  mayor  not  to  occur  at  same  time  as  election  of 
other   elective   officers   provided   by    constitution.      (Va.   VII    112, 

VIII  122.) 
On  Tuesday  after  first  Monday  in  November  for  state,  county  and 

district  officers.     (Wash.  VI  8.) 
On  Tuesday  after  first  Monday  in  November  for  general  elections  of 
state  and  county  officers  and  members  of  legislature  until  other- 
wise provided  by  law.      (VV.Va.  IV  7.) 
On  Tuesday   after   first  Monday   in   November   for   general   election. 

(Wis.    XIII    1.) 
During  war.  See  below,  this  title,  During  War. 
Time  to  Vote,  See  above,  this  title,  Employees'  Votes. 
Township  Elections 

See  throughout  this  title. 
Of  a  particular  officer.  See  Townships. 
Bonding  elections,  See  Townships  —  Debt. 
Undue  Influence,  See  above,  this  title,  Freedom  of. 
United  States  Senators,  Advisory  Votes,  See  above,  this  title,  Advisory 

Votes. 
Village  Elections 

See  throughout  this  title. 
Of  a  particular  officer,  See  Villages. 
Bonding  elections,  See  Villages  —  Debt. 
Voters,  See  above,  this  title,  Electors. 
Voting  Machines 

See  also  above,  this  title,  Mechanical  Devices. 

On  purchase  by  county,  city,  city  and  county  or  town,  payment  may 
be  provided  for  by  issue  of  bonds,  certificates  of  indebtedness  or 
other    obligations;    obligations    to   be   a    charge   on    municipality; 


St  \ti:  Constitutions 


ELECTIONS 

\  oting  M  *.(  HINES    I  Cont'd) 

.l.],     .,t    time   not    exceeding    10   years    from   date;    not   to   be 
jued  or  sold  at  less  than  par.     (Colo.  VII  8.) 
authorized    under    regulations   prescribed   by    constitution;    pro- 
dded  secrecy   of  voting  be  preserved.      (Conn.  Amend.  XXXIII.) 
I    ,    not    prohibited   but    secrecy  of  voting  to  be  preserved.      (Utah 

IV  8.) 

may  be  authorized  by  the  legislature  throughout  state  or  in  any 

county,  city  or  town,  provided  secrecy  of  voting  be  not  impaired. 

(Va.  II   37.) 
Voting,  Manner  of,  See  above  this  title,  Manner  of  Voting. 
Wagers,  See  above,  this  title,  Bets. 
During   War 

Military  duty,  See  above,  this  title.  Privileges  of  Electors. 

tors  in  actual  military  service  of  state  or  of  United  States  or 
in  army  or  navy  not  to  be  deprived  of  vote,  by  absence  from  town- 
ship, ward  or  state  in  war,  insurrection  or  rebellion;  legislature  to 
provide   manner,  time   and   place  for  voting   and  for   canvass  and 

returns  of  votes.      (Mich.  VII  1.) 

Electors   in   actual  military   service  of  state  or  of  United   States  in 

army  or  navy  not  to  be  deprived  of  votes  by  absence  from  election 

district  ;   manner,  time,  place,  returns  and  canvass  of  their  votes. 

(n.j.  ni.) 

Legislature   may    provide   for   manner,  time  and  place  of   voting  by 
absent    electors    in    actual    military    service    and    for    returns    and 
canvass  of  their  votes  in  election  districts  of  residence.     (N.Y.  II  1.) 
Electors    absent     from    state    in    actual    military    service    of    United 
ites   shall  have  a  right  to  vote  for  presidential  electors,  repre- 
sentatives in  ('.ingress  and  general  officers  of  state;   provisions  as 
tn  manner  of  voting  and  counting  such  votes.      (R.I.  Amend.  IV.) 
liers  may  vote  at  post  of  duty  in  or  out  of  state  under  regulations 
to  be  prescribed  by  law.     (S.I).  VI  19;  Utah  I  17.) 

ELECTRIC   COMPANIES 

[elegrapb  Companies",  "Telephone  Companies",  "  Trans- 
bioh    Companies",   "Public   Service   Corporations"   and   "Cor- 
porations ". 
to  be  common   carriers,  and  subject  to  control  by  law.      (Ariz. 

XV   10.) 

to   be    passed    by    legislature   granting    right   to    construct    and 

'!'    electric  plant,  without  first  obtaining  consent  of  local  author- 

i  control  of  streets  or  public  places  proposed  to  be  occupied  for 

ich  or  like  purposed.     (S.C.  VIII  S.) 

I   of  local  authorities  in  cities,  towns  and  municipalities,  See 
""   l"'''""<'      Publii    Utilities"  under  tin   specific  title. 
on 

m.  Kinds  of  Taxation  —  Corporations. 
Objects   am.  Kinds  of  Taxation  — Public  Utili- 
ties. 
I  \ x atio.v  —  Local  Taxes  — Authority. 


Index  Digest  667 


ELEVATORS 

See  Public  Property  —  Elevators. 
See  Warehouses. 

EMIGRATION 

From  state  not  to  be  prohibited.      (Ala.  I  30;   Ind.  I  36;  Ky.  24;  Pa.  I 

25;  Vt.  I  19.) 
No  law  to  be  passed  prohibiting  emigration  from  state.      (Ore.  I  30.) 

EMINENT  DOMAIN 
Declaration  of 

State's  ancient  right  of,  is  fully  and  expressly  conceded.      (Ark.  TI 

23.) 
Private  property  shall  ever  be  held  inviolate,  but  subservient  to  the 

public  welfare.      (Ohio  I   19.) 
Private  property  ought  to  be  subservient  to  public  uses  when  neces- 
sity requires  it.      (Vt.   I  2.) 
The  people  of  the  state,  in  their  right  of  sovereignty,  are  declared  to 
possess  the  ultimate  property,  in  and  to  all  lands  within  the  juris- 
diction of  the  state.      (N.Y.  I  10;   S.C.  XIV  3;  Wis.  IX  3.) 
Eight  of  eminent  domain  declared  to  exist  in  state  to  all  frontages 
on  navigable  waters  of  state.    .(Cal.  XV   1.) 
Service 

Compelling   service   for   public   purposes   without   just   compensation 

prohibited.      (Tenn.  I  21.) 
Compelling   service   for   public   purposes   without    just  compensation 
first  assessed  and  tendered  prohibited.      (Ind.  I  21;  Ore.  I  18.) 
Property  and  Franchises  of  Corporations 

Legislature  may  take  and  subject  to  public  use  same  as  property  of 
individuals.  (Ala.  I  23;  Ariz.  XTV  9;  Ark.  XVII  9;  Cal.  XII  8; 
Colo.  XV  8;  Ga.  IV  Sec.  II  2;  Ida.  XI  8;  Ky.  195;  Miss.  VII  190; 
Mont.  XV  9;  Nebr.  XI  6;  N.M.  XI  18;  N.D.  VII  134;  Pa.  XVI  3; 
S.D.  XVII  4;  Utah  XII  11;  Va.  XII  159;  Wash.  XII  10;  Wyo.  X 

4,  9.) 

Legislature  may  take,  of  corporations  already  organized,  and  subject 

to  public  use  same  as  property  of  individuals.      (111.  XI   14;   Mo. 

XII  4;   W.Va.  XI   12.) 
Purpose,  Public   Character  of 

Public  character  of  purpose  a  judicial  question.      (Ariz.  II  17;  Colo. 
II  15;  Miss.  Ill  17;  Mo.  II  20;   Okla.  II  24;  Wash.  I   16.) 
Special  Public  Purpose 

Right  of  way,  See  throughout  this  title. 

Regents  of  university  to  have  power  to  take  private  property  for  use 

of  university.     (Mich.  XIII  4.) 
Telephone    and    telegraph    companies    may    exercise    power.     (Wash. 

XII  19.) 
Governing  authority  in  town  of  over  5,000  inhabitants  shall  have  the 
right  to  appropriate  wharves  and  buildings  of  riparian  proprietors 
on  the  banks  of  navigable  rivers  for  public  purposes,  on  payment 
of  cost  of  construction  less  depreciation,  in  no  case  more  than 
actual  market  value  of  property.     (La.  290.) 


:    Constitutions 


I  MINENT  DOMAIN    [Cont'd) 

l'i  in  i.    Pi  bpose   [Cont'd) 

demnation  of  right  of  way  for  Bea  walls,  breakwaters  or  sanitary 
purposes  buill   bj    certain  counties  and  cities  to  be  provided  for. 

(Tex.  XI  7.) 
U  ,,,  have  rignl    to  appropriate  private  property  within 
their  districts,  to  construct,  maintain  and  repair  levees;    compen- 
sation to  I"  1  and  paid  in  accordance  with  certain  acts  of 

the  legislature.     (Miss.  XI  233.) 
Legislature  to  provide  by  Law  for  exercise  of,  by  incorporated  cities, 
towns  and  tillages  to  acquire  from  prior  appropriators  upon  pay- 
ment of  jusl  compensation,  enough  water  for  their  well-being  and 

for  domestic  uses.  (Wyo.  XIII  5.) 
,v  use  of  lands  for  construction  of  reservoirs  or  storage 
basins  for  irrigation;  rights  of  way  for  construction  of  canals, 
ditches,  flumes  or  pipes  to  convey  water  to  place  of  use  for  any 
useful  purpose;  drainage,  or  for  drainage  of  mines  or  necessary 
mean-  for  complete  development  of  mines;  any  other  use  necessary 
t.>  complete  development  of  material  resources  of  state  or  the 
health  of  its  inhabitants  are  public  uses,  and  subject  to  the  regu- 
lation and  control  of  the  state.      (Ida.  I  14.) 

iit  of  waj  over  lands  of  others  for  ditches,  drains,  flumes,  canals 
and  aqueducts  necessary  for  use  in  connection  with  appropriated 
waters  and  sites  for  reservoirs,  a  public  use.     (Mont.  Ill  15.) 

Pan  \  ii    Pi  rpose 

Private  property  not  to  be  taken  for  private  purposes  {for  excep- 
tions, 8e^  entries  immediately  following).  (Ala.  I  23;  Ariz.  II  17; 
Colo.    II     l»;    Mo.    II    20;    Okla.    II   23;    S.C.    I    17;    Wash.    I    16; 

Wyo.  I  33.) 
General  laws  may  lie  passed  permitting  owners  or  occupants  of  agri- 
cultural  lands  to  construct  and  maintain  for  drainage  thereof, 
drains,  ditches  and  dykes  upon  lands  of  others  under  proper 
restrictions  and  just  compensation,  but  no  special  laws  to  be 
enacted  for  tliis  purpose.  (N.Y.  I  7.) 
Drains   and   ditches    across   the   lands  of   others   for   agricultural  or 

sanitary  purposes.     (Mo.  II  20.) 
Drains  or  ditches  across  lands  of  others  for  agricultural,  mining  or 

sanitary  purposes.      (Okla.  II  23.) 

Drains,  flumes,  ditches  on  or  across  lands  of  others  for  agricultural, 

domestic  or  Banitarj   purposes.     (Wash.  I  16.) 

islature  may  pa^  laws  permitting  owners  of  land  to  construct 

'-■  ditches   and    levees   for   agricultural,   sanitary   and  mining 

purposes  across  lands  of  others,     (in.  iv  31;  Iowa  I  18.) 

iic  to  provide  by  law  for  condemnation  of  real  estate  needed 
ioi  construction  and  maintenance  of  drains,  ditches  and  levees  for 
■    and    drainage    districts   and  prescribe  method   of   con- 
demnation.     (Iowa  I  18.) 
11 -•  drains,  flumes  or  ditches  for  agricultural,  mining,  milling, 
itarj    or  domestic   purposes.      (Colo.    II   14.) 


Index  Digest  G69 

EMINENT  DOMAIN    (Cont'd) 
Private  Purpose    (Cont'd) 

Drains,  flumes  and  ditches  on  or  across  lands  of  others  for  mining, 
agricultural,  domestic  or  sanitary  purposes.      (Ariz.    II    17.) 

Reservoirs,  drains,  Humes  or  ditches  on  or  across  lands  of  others  for 
agricultural,    mining,    milling,    domestic    or     sanitary    purposes. 

(Wyo.   1   32.) 

All  persons  and  corporations  to  have  right  of  way  across  public, 
private  and  corporate  lands  for  ditches,  canals  and  flumes  to  con- 
vey water  for  domestic,  mining  and  manufacturing  purposes,  irri- 
gation or  drainage.      (Colo.  XVI  7.) 

Legislature  may  provide  for  drainage  of  the  land  of  one  person  over 
or  through  that  of  another,  upon  just  compensation  to  the  owner 
of  the  land  over  which  such  drainage  is  had.      (Fla.  XVI  28.) 

Steamship  companies  shall  have  power  to  acquire  land  on  which  to 
erect  a  plant  to  build  and  repair  vessels.      (La.  230.) 

Private  ways  may  be  granted  in  case  of  necessity.     (Ga.  I  3.) 

Private  property  may  be  taken  for  ways  of  necessity.  (Ariz.  II  17; 
Colo.  II  14;  Mo.  II  21;  Okla.  II  23;  Wash.  I  16;  Wyo.  I  32.) 

Private  roads  may  be  opened.      (Mich.  XIII  3;   Mont.  Ill  15;  N.Y. 

I  7.) 

Legislature  may  provide  for  establishing  and  opening  roads  and 
cartways,  connected  with  a  public  road,  for  public  and  private  use. 

(111.    IV    30.) 

Legislature  may  provide  for  condemning  rights  of  way  for  private 
roads,  but  such  rights  of  way  shall  not  be  provided  for  in  incorpo- 
rated cities  and  towns.      (Miss.  IV  110.) 

For  provisions  relating   to  private  ways  or  ways  of  necessity,  See 

throughout  this  title. 
Legislation  Necessary 

Property  not  to  be  taken  without  authority  of  law.      (Pa.  I  10.) 

Property  not  to  be  taken  without  consent  of  owner's  representatives. 

(Del.   I   8;    Ky.   B.R.    13;    Tenn.    I   21.) 
Property  not  to  be  taken  without  the  consent  of  the  representative 

body  'of  the  people.      (N.H.  Pt.  I  12;  Vt.  I  9;  Va.  I  6.) 

The  right  of  eminent  domain  not  to  be  conferred  by  local,  private  or 

special  law.     (Miss.  IV  90.) 
Necessity  for  Taking 

Private  property  not  to  be  taken  for  public  uses  unless  public  exi- 
gency requires  it.      (Me.  I  21.) 

Necessity  for  using  property  to  be  determined  before  private  prop- 
erty taken  by  public  or  by  corporation  for  public  use,  by  jury  or 
not  less  than  three  commissioners  appointed  by  court  of  record; 
not  to  apply  to  commissioners  of  highways  or  road  commissioners 
in  official  discharge  of  duties.      (Mich.  XIII  2.) 

Private  property  not  to  be  taken  against  owners'  will  by  municipal 
corporation  without  necessity  being  first  established  by  verdict  of 

jury.      (Wis.  XI   2.) 

Necessity  for  private  road  to  be  determined  by  jury  before  opening 
private  road.      (Mont.  Ill  15;  N.Y.  I  7.) 

Necessity  for  private  road  to  be  determined  by  jury  of  six  or  by  not 
less  than  three  commissioners  before  opening.     (Mich.  XIII  3.) 


Stati    Constitutions 

:NENT  DOMAIN    [Cont1 

\\  II  W     COMF1  KSAT1  D    FOB 

,„,,,,,    ifis.CoMLl   11;  Fla.  D.R.  12;    Jv     M}  TuLI 

-.   Ky<   i:;;   ,,,   „;,;;M,.  121;Md.   11140^1ass.Pt. 
,    loj    Mich.   Unii    N.v.    I    Bj    NV.  I  0;  N.D.  I   14;   Oh,,  I   19; 
;      ,,,.  ,    L6;  B.C.  1   17:  Utah  I  22;  Vt.  I  2;  Wis.  I  13.) 
bu1  iand  ma3   be  taken  for  public  highways  until  legislature 

direct  compensation.     (N.J.  I  16.) 
Tak  Lpplying  to  public  use.      (Ala.  I  23;  Del.  I  8;  Pa.  I   10; 

Term.  I  21.) 

Taking  lging.      (Ariz.    11    17;    Ark.  II  22;    Cal.  I   14;   Gal 

HI    i-    in    11   13;   La.   167;  Minn.  I  13;  Miss.  Ill  17;  Mo.  II 

21-    Hon!    HI    14  j   Nebr.  I  21;  N.M.  11  20;  Okla.  II  24;  S.D.  VI 

res    1   17:   Utah   1  22;   Va.  IV  58;  Wash.  I  10;  W.Va.  Ill  9; 

Wyo.  I  33.) 
Taking  for  right   of  way  of  corporation.      (Kan.  XII  4;  Minn.  X  4; 

Nev.  \  111   7;  ohm  Mil  5;  S.C.  IX  20.) 
Taking  for  right  of  way  of  corporation,  other  than  munieipal.     (Ariz. 

II    ;:   (  ;,1.   [14;   N.D.   I    H;   Wash.  I   10.) 
Taking  for  righl   of  way  for  persons  or  corporations.      (Ala.  I  23; 

Colo.  XVI  7.) 

1'akmg  or   damaging  property   for  right  of  way  for  a  corporation. 

(Minn.  X  4.) 
Taking,   injury   or   destruction   by   a   corporation,   or   individual   for 
ttstruction  or  enlargement  of  works,  highways  or  improvements. 
(Ala.  XII  235;    Pa.  Ml  8;  S.D.  XVII  18.) 

AsSl  SSMENT   OF    '  OMPENSATMN 

Benefits 

,\,,i    to    be    considered    in    fixing    compensation.      (Iowa    I    18; 

Ohio  I  19;  S.D.  VI  13.) 
From  any  improvement  proposed  by  corporation  taking  for  right 
of   way.  not   to  he  considered    in  fixing  compensation.      (Kan. 
Ml    1;  Ohio  XIII   5;   S.C.  IX  20.) 

in    any    improvement    proposed  by  corporation   or   individual 
taking,  not    to  be   considered  in  fixing  compensation.      (Ark. 

XII  9;    Fla.  XVI  29.) 

Prom    any    improvement    proposed    by    corporation    other    than 

municipal    taking   for   righl    of   way,  not  to  be  considered   in 

fixing  compensation.      (Ariz.    II    17;    Cal.   I    14;    N.D.   I    14; 

Wash.   I   16.) 
Jury  or  Commissioners 

Jury  or  not  less  than  three  commissioners  appointed  by  court  of 

to  apply  to  action  of  commissioners  of  highways 

or   road  commissioners   in   official  discharge  of  duty.      (Mich. 

"  XIII  2.) 
Jurj  of  -i\  freeholders  or  not   less  than  three  commissioners  in 

e  of  pi  ivate  roads.     I  Mich.  XIII  3.) 
When   |iii.|nit\    not    taken  by  state,  made  hy  jury,  by  supreme 
court    with  or  without  a  jury,  but  not  with  a  referee,  or  by 
■   than    three  commissioners  appointed  by   a  court  of 
record,  as  -hall  be  prescribed  by  law.     (N.Y.  I  7.) 


Index  Digest  071 


EMINENT  DOMAIN    (Cont'd) 

Assessment  of  Compensation  (Cont'd) 
Jury  or  Commissioners   [Cont'd) 

By  jury  or  board  of  three  commissioners  appointed  hy  the  court 

of  record.  (N.J.  I  7.) 
Board  of  not  less  than  three  freeholders  not  appointed  by  any 
judge  without  reasonable  notice  having  been  served  upon  the 
parties  in  interest;  commissioners  selected  from  regular  jury 
list;  aggrieved  party  to  have  right  of  appeal  without  bond 
and  trial  by  jury;   assessment    in  manner  prescribed  by  law. 

(Okla.    II    24.) 
By  jury  or  board  of  not  less  than  three   freeholders.      (  Mo.   IT 

21.) 

By  jury  when  requested  by  owner,  or  board  of  not  less  than  three 

freeholders.      (Colo.    II    15.) 
Jury 

To  be  assessed  by  jury.      (Md.  Ill  40;  Ohio  I  11);  S.D.  VI  13.) 

To  be  assessed  by  jury  when  not  made  by  state.      (111.  II  13.) 

To  be  assessed  by  jury  unless  jury  waived.  (Ariz.  II  17;  Cal. 
I   14;   X.D.   I   14;   Wash.  I   16.) 

Either  party  may  insist  upon  jury.      (W.Va.  Ill  9.) 

Where  private  property  taken  for  use  of  corporation  or  indi- 
vidual, by  jury  in  court  of  competent  jurisdiction.     (Ark.  XII 

9;   Fla.  XVI  29.) 

By  jury  when  incorporated  company  interested  either  for  or 
against  exercise  of  rights.      (111.  XI  14;  Mo.  XII  4.) 

As  agreed  upon  or  awarded  by  a  jury,  except  in  Baltimore  if 
property  is  desired  by  state  or  city,,  legislature  to  provide  thai 
a  court  of  record  may  appoint  appraisers.      (Md.  Ill  40,  40a.) 

To  be  assessed  by  jury  in  court  of  record  when  rights  of  way  to 
be  taken  by  corporation.      (Ohio  XIII  5;   S.C.  IX  20.) 

Assessed  by  jury  for  private  roads.     (Mont.  Ill  15.) 
Railroad  Commission 

Railroad  commission  to  have  such  jurisdiction  as  legislature  con- 
fers on  it  to  fix  compensation  to  be  paid  for  public  utility 
property  taken  by  state,  county,  city  and  county,  incorporated 
city  or  town  or  municipal  water  district  and  legislature  au- 
thorized to  grant  plenary  powers  to  railroad  commission 
"unlimited  by  any  provision  of  this  constitution'';  previous 
legislation  in  accordance  with  this  provision  confirmed.      (Cal. 

\II    2:ia.) 

Appeal 

Legislature  not  to  deny  where  property  taken  by  municipal  or 
other  corporation,  or  individual,  from  preliminary  assessment; 
damages  on  appeal  to  be  fixed  by  jury.     (Ky.  242;  Pa.  XVI  S; 

S.I).   XVII    IS.) 
Legislature  not  to  deny  right  where  property  taken  by  corpora- 
tion  or   individual;    damages   on   appeal    to   be    fixed    by   jury; 
entry    pending    appeal    allowed    on    giving    bond    for    double 
amount   of   assessment.      (Ala.   XII   235.) 


g        i  i     (  loNSTlTtmONS 


EMINENT  DOMAIN    [Confd) 
I  OMPENS  i  HOK 

r  public  and  private  purposes  in  general  where  private  pur- 
mentioned.      (Ala.  I  23;  Ariz.  II  17;  Ark.  II  22;  Cal.  I  14; 
[o.  1    15;  (huh.  I   11;   Fla.  D.R.  12;  Ida.  I  14;  111.  II  13;  Ind. 
1   21;    [own   1    18;    Ky.   13;    Me.   I  21;   Aid.  II  40;  Mich.  XIII  1; 
Minn.   I    13;    Mo.   I   21  :    Mont.  Ill  14;  Xebr.  I  21;  Xev.  I  S;   X.J.  I 
16;   X.M.  II  20;  NVY.  1  6;  X.U.  I  14;  Okla.  II  24;  Ore.  I  18;  Pa. 
I    W;    K.l.   1    16;   S.C.  I  17;   S.D.  VI   13;   Term.  I  21;   Utah  I  22; 
Va.   IV  58;  Wash.  I   16;  W.Va.   HI  9;  Wis.  I  13;  Wyo.  I  33.) 
I   and  adequate  where  object   is  a  public  use.     (Cia.  I  Sec.  Ill  1; 

La.  107.) 
Adequate,  where  object  is  a  public  use.     (Tex.  I  17.) 
Equivalent  where  object  is  a  public  use.     (Vt.  I  2.) 

liable  where  object  is  a  public  use.      (Mass.  Pt.  I  10.) 
Due,  for  private  use.      (Wyo.  I  33.) 
Just,  for  drainage.      (Fla.  XVI  28.) 

Just,  for  a  right  of  way.     (Ala.  I  23;  Colo.  XVI  7;  Ga.  I  Sec.  Ill  1.) 
Full,   for  a  right   of  way.      (Ariz.   II   17;    Cal.   I   14;   Kan.   XII  4; 

Xev.  VIII  7;  N.D.  I  14;  Ohio  XIII  5;  S.C.  IX  20;  Wash.  I  16.) 
Fair  and  equitable  for  right  of  way.      (Minn.  X  4.) 
Jusl   i'"i'  private  road.     (Ga.  I  Sec.  Ill  1.) 
All  damages,   for  private  road.      (Mont.  Ill  15;  X.Y.  I   7.) 
Due.  for  a  private  mad.     (Miss.  IV  110.) 
Time  oi    Paying  Compensation 

Mad,    before  taking.     (Ala.  I  23;  Ky.  13;  La.  166;  S.C.  I  17;  S.D. 

VI  13.) 
Made  before  taking  or  damaging.      (Ga.  I  Sec.  Ill  1;  La.  167;  Miss. 

Ill  17.) 

Made  before  taking  or  disturbing.      (Okla.  II  24.) 

Until   compensation   paid   into  court  for  owner,   property  not  to  be 

disturbed  or  proprietary  rights  of  owner  divested.   When  possession 

taken    i if    property   condemned    for   public   use,   owner   entitled   to 

immediate  receipt  of  compensation  awarded.      (Okla.  II  24.) 

Made  or   tendered   before  taking,  or  in  Baltimore  made  or  paid   in 

curl,  where  Mate  or  city  is  plaintiff.      (Md.  Ill  40.) 
Made  or    paid    into  court    before  taking.      (Ariz.   Il'  17;    Ida.   I    14; 

N.D.  I  14.) 
Made  or  paid   into  court   before   taking  or  damaging.      (Cal.  I   14; 
Mo.    1121;    Muni.    Ill    14;    Wash.   I   16.) 

Made   or    paid    into   court    before    taking   or    needlessly   disturbing. 

(Colo.  II  15.) 
Made  or  secured  before  taking.     (Iowa  I  18;   Mich.  XIII  1 ;  Pa.  I 

10.) 
Made  or   secured  before  taking,  except  in  cases  of  war,  riot,  fire  or 

great  public  peril.  (Xev.  I  8.) 
sic,]  before  taking,  except  public  exigencies  require  imme- 
irc.  or  taking  is  made  for  repairing  roads  open  to  public 

without  charge.      (Ohio  I  19.) 
Made  or  Becured  before  taking  or  damaging.      (Minn.  I  13.) 


I.\!»i:\     DltlKST  673 


EMINENT  DOMAIN   (Cont'd) 

Time  of  Paying  Compensation  (Cont'd) 

Assessed   and   tendered  before   taking,  except   in   case   of   taking  by 

state.     (Ind.  I  21;  Ore.  I  18.) 
Made  or  secured  by  deposit  of  money  before  taking,  except  by  the 

State.     (Tex.  117.) 
Made   before   taking   by   corporation   or   individual.      (N.J.    IV   Sec. 

VII    8.) 
Made  before  taking,  injury  or  destruction,  when  taken  by  a  corpo- 
ration or  individual.      (Ala.  XII  235;  Pa.  XVI  8;  S.D.  XVII  18.) 
Made  or  secured  by  deposit  of  money  before  taking  to  use  of  any 

corporation    or    individual.       (Fla.    XVI    29.) 
Made  or  secured  before  taking  by  corporation.      (Ore.  XI  4.) 
Made  in  money  or  secured  by  deposit  in  money  before  taking  by  cor- 
poration.     (Ark.  XII  9.) 
Made  or  secured  before  taking  by  company  incorporated  for  internal 

improvement.     (YY.Va.  Ill  9.) 
Made  or  paid  into  court  before  taking  for  right  of  way  by  corpora- 
tion other  than  municipal.      (Ariz.  II  17;   Cal.  I  14;   X.l).  I   14; 

Wash.   I    16.) 
Made  before  taking  right  of  way  for  corporation  or  individual.    ( Ala. 

I  23.) 
Made  in  money  or  paid  into  court  before  right  of  way  for  corpora- 
tion other  than  municipal  may  be  taken.      (Ariz.  II  17;  Cal.  1  14; 

N.D.  I  14;  Wash.  I  16.) 
Made  or  secured  before  right  of  way  for  corporation  may  be  taken. 

(Xev.  VII  7.) 

Made  in  money  or  secured  by  deposit  in  money  before  right  of  way 

for  any  corporation  may  be  taken.      (Kan.  XII  4;   Ohio  XIII  5; 

S.C.   IX   20.) 
Made  or  secured  before  taking  of  right  of  way  by  corporation.    (Kan. 

XII  2;  Xev.  VIII  7;  Ohio  XIII  5;   S.C.  IX  20.) 
Made  before  taking  in  case  of  private  roads.      (Miss.  IV  110.) 
Made  before  taking   in   case   of  private  ways   of  necessity.      (Ga.   I 

Sec.   Ill   1.) 
Made  together  with  expense  of  proceedings  before  opening   private 
road.      (Mich.  XIII  3;  Mont.  Ill  15;  X.Y.  I  7.) 
Character  of  Payment  of  Compensation 
Money.      (Ohio  I  19;  Tex.  I  17;  Vt,  I  2.) 
Money,  before  taking  by  corporation.      (Ark.  XII  9.) 
Money  or  deposit  in  money  when   right  of  way  taken  by   any  cor- 
poration.     (Kan.  XII   4;   Ohio  XIII  5;   S.C.  IX  20.) 
Money,  when  right  of  way  taken  by  corporation  other  than  munici- 
pal.    (Ariz.  II  17;  Cal.  I  14;  N.D.  I  14;  Wash.  I  16.) 
Fee  of  Right  of  Way 

Fee  of  land  taken  for  railroad  tracks  without  consent  of  owner  to 
remain  in  such  owner  subject  to  use  for  which  taken.     (111.  II  13: 

Mo.  II  21.) 
Fee  of  land  taken   for  railroad  tracks  or  other  highways  to  remain 
in  owners,  subject  to  use  for  which  taken.     (S.D.  VI  13.) 

2'2 


-    u'k  Constitutions 


,     \  .    DOMAIN    [Conf 

Where  taken  by  common  carrier  without  consent  of  owner,  fee  to 
in  him  subject  onlj  to  use  for  which  taken.     (Okla.  II  24.) 
HT  OF  ]  »  I  ">:!-"K\no.\-s 

oration  to  be  created  with  power  to  exercise  except  by  special 

the  legislature  upon  a  petition  for  the  same  whose  pendency 

tified  as  may  be  required  by  law.     (R.I.  Amend.  IX.) 

rporation  organized  under  laws  of  any  other  state,  or 

-    ites,   shall   have  the   right   to   exercise  eminent   domain 

until   incorporated   in   accordance  with   and   pursuant   to   laws   of 

this  state.      (Ky.  211;   Nebr.  XI  S.) 
railn.ad.  oil   pipe  line,  telephone,  telegraph,  express  or  car  cor- 
poration   organized   under   laws   of   any   other   state,   or   of   United 
•-tat--,  and  doing  business,  or  proposing  to  do  business  in  state,  to 
e  «iii  it  led  to  benefit   of  right   of  eminent  domain  in  state  until  it 
Bhall    have  become  body  corporate  pursuant   to  or   in  accordance 
with   Laws  of  state.      (Okla.  IX  31.) 
■  in  \:.\  \ 
islature  maj   authorize  cities  to  take  in  addition  to  land  needed 
for  actual  construction   in  laying  out,  widening,  extending  or  re- 
locating   [.arks,    public    places,    highways    and    streets,    enough    to 
make  abutting  building  lots.     Land  not  used  for  improvement  may 

be  sold  or  leased.      (X.Y.  I  7.) 
Municipality    acquiring    property    for    public    use,    may    acquire    an 
over    need    for   the    improvement    and   may    sell    it    "with 
rtrictions,  appropriate  to  preserve  improvement".  Bonds  may  be 
issued  to  pay  for  excess,  bonds  to  be  a  lien  against  the  property 
acquired  for  improvement  and  excess  and  shall  not  be  a  liability  of 
municipality   or   included   in   legal   limitation   of   debt   of   munici- 
pality.     (Ohio  XVIII  10.) 
Legislature    may    by    special    acts    for    the    purpose    of    laying    out, 
widening   or   relocating   highways   or   streets,   authorize  taking   of 
more  land  than  necessary  for  actual  construction,  by  the  state  or  a 
tity.  city  or   town,   provided  that   such  land   and  property  are 
specified  in  the  act  and  are  no  more  than  enough  , for  building  lots 
on   both   sides  of  street  or  highway;    and  may  authorize  the  sale 
of  property  remaining  after  enough  for  streets  has  been  taken,  for 
value  with  or  without  suitable  restrictions.      (Mass.  Amend.  39.) 
te  or  any  of  its  cities  may  acquire  by  gift,  purchase  or  condemna- 
tion   land-    for   establishing,   laying   out,   widening,   enlarging,   ex- 
lending,    and     maintaining    memorial    grounds,     streets,     squares, 
.-.  boulevards,   parks,  playgrounds,  sites  for   public  build- 
ings, and  reservations  in  and  about  and  along  and  leading  to  any 
or  all  of  same;  and  after  establishment,  layout  and  completion  of 
mprovements,  may  convey  any  such  real  estate  thus  acquired 
and   not    necessarj    for   Buch   improvements,  with  reservations  con- 
rning   future   use   and   occupation   of  such  real  estate,   so  as  to 
such   public  works  and  improvements,  and  their  environs, 
to  preserve  the  view,  appearance,  light,  air,  and  usefulness  of 
b  jail. In-  works.     (Wis.  XI  3a.) 


Index  Digest  675 


EMPLOYER'S  LIABILITY,  See  Labor. 

ENGINEER,  STATE,  See  State  Engineer. 

ENTAIL,  See  Property  —  Primogeniture  and  Entail. 

EQUALIZATION,  STATE  BOARD  OF 

Composed  of  governor,  auditor,  treasurer,  secretary  of  state  and  attorney- 
general.     (Colo.  X  15;  Ida.  VII  12;  Mo.  X  18;  Mont.  XII   15;  Utah 

XIII  11.) 

Same;    adds  state  examiner   and   inspector,   and   president  of   board   of 

agriculture.      (Okla.  X  21.) 

Composed  of  auditor,  treasurer  and  secretary  of  state.      (Wyo.  XV  9.) 

Composed  of  one  member  from  each  congressional  district  as  existing  in 
1879,  elected  by  qualified  electors  of  districts  at  general  election  in 
1886  and  at  each  gubernatorial  election  thereafter.  Term  of  office, 
four  years.  Comptroller  ex  officio  member.  Legislature  may  redis- 
trict  state  into  four  districts  as  nearly  equal  in  population  as  prac- 
ticable and  provide  for  election  of  members  of  board.     (Cal.  XIII  9.) 

In  1911,  every  fifth  year  thereafter,  and  at  such  other  times  as  legislature 
may  direct,  legislature  to  provide  by  law  for  state  board.     (Mich.  X  8.) 

Member  during  term  of  office  not  to  accept,  hold  or  use  free  pass  nor 
purchase,  receive  or  accept  transportation  over  railroad  within  state 
for  himself  or  family  on  terms  not  open  to  general  public,  and  on 
conviction  to  forfeit  office,  be  guilty  of  felony,  and  punished  by  fine  of 
not  more  than  $1,000  or  by  imprisonment  in  penitentiary  not  less  than 
one  nor  more  than  five  years.      (N.M.  XX  14.) 

No  railroad   or  other   transportation   company   to  grant   free   passes   or 

tickets,  or  passes  or  tickets  at  discount  to  member,  and  acceptance  of 

such   pass   or    ticket   by    such   officer    to   be    forfeiture   of   office.      (Mo. 

XII  24.) 
ESCHEATS 

Estates  of  suicides,  See  Suicides. 

Part  of  school  fund,  See  Education. 

Holding  real  estate  by  corporation  longer  than  five  years,  except  such  as 
necessary  and  proper  for  business,  forbidden  under  penalty  of  escheat. 

(Ky.    192.) 

All  lands  the  title  to  which  shall  fail  from  a  defect  of  heirs,  to  revert  or 
escheat  to  the  people.      (N.Y.  I   10;   S.C.  XIV  3;   Wis.  IX  3.) 

State  board  of,  composed  of  secretary  of  state,  treasurer  and  commis- 
sioner of  state  land  office;  if  latter  office  abolished  another  state  officer 
to  be  designated  by  law  as  member  of  board.      (Mich.  VI  20.) 

EVIDENCE 

For  right  of  accused  to  obtain  and  to  be  confronted  with   witnesses,  See 

Crimes  —  Rights  of  Accused. 
Confidential  Communications 

Legislature  to  provide  for  protecting  confidential  communications  to 
physicians  by  patients.      (La.  297.) 
Depositions 

Legislature  may  provide  for  taking,  in  presence  of  party  accused 
and  counsel,  depositions  of  witnesses,  in  criminal  cases  other  than 
homicide,  when  reason  to  believe  that  witness  from  inability  or 
other  causes  will  not  attend  trial.     (Cal.  I  13.) 


-       ,;     CbNSTrTDTkoNS 


1DENCE    [Conf 

l»i  . 

1':    riaion  may  be  made  by  law  for  taking  of  deposition  by  accused  or 

i    used  for  or  against  accused,  of  any  witness  whose 

attend  onol    be  had  at  trial,  securing  accused  opportunity 

tt,  sent   in  person  and  with  counsel  at  taking  of  deposition 

and  to  examine  witness  face  to  face  as  fully  and  in  same  manner 

as  if  in  court.      (Ohio  I  10.) 
If  witneu  cannot  give  security,  deposition  taken  by  some  judge  of 
highest  court,  general  trial  court  or  county  court  at  earliest  time 
be  can  attend  at  convenient  place  by  him  appointed,  with  reason- 
able notice  to  accused  and  attorney  for  people;    accused  to  have 
right   to  appear  in  person  and  by  counsel;   if  he  has  no  counsel 
judge  to  assign  him  one  in  that  behalf  only;    on  completion   of 
unination  witness  to  be  discharged  on  own  recognizance  entered 
int-i  before  the  judge;  deposition  not  to  be  used  if  in  opinion  of 
omit   personal  attendance  of  witness  might  be  procured  by  prose- 
cution  or   is   procured   by   accused;   no  exception   to   be   taken   to 
deposition  as  to  matters  of  form.     (Colo.  II  17.) 
Of   witnesses  examined  in  registers'  courts  to  be  taken  at  large  in 
writing   and   made  part  of  the  proceedings   in   the   cause.      (Del. 

IV  33.) 
General  trial  courts  for  civil  cases  only  have  power  to  direct  ex- 
amination of  witnesses  who  are  aged,  infirm  or  going  out  of  state, 
upon  interrogatories  de  bene  esse,  read  in  evidence  in  case  of 
departure  or  death  of  witnesses  before  trial,  or  inability,  by 
reason  of  age,  sickness,  bodily  infirmity  or  imprisonment  to 
attend;   also  power  of  obtaining  evidence  from  places  not  within 

state.      (Del.  IV  24.) 
Equity  Cases 

!•  stimony  in  equity  cases  taken  in  like  manner  as  in  cases  at  law. 

(N.Y.  VI  3;   Wis.  VII   19.) 
ESbbob  in"  Admitting 

No  judgment  to  be  set  aside  or  new  trial  granted  on  ground  of 
improper  admission  or  rejection  of  evidence  unless  after  examina- 
tion of  entire  cause,  including  evidence,  court  is  of  opinion  that 
err..r  complained  of  has  resulted  in  miscarriage  of  justice.      (Cal. 

VI  4y2    (1914).) 
1'mi  ui    Ti  STIMONY 

Laws  may  be  passed  for  regulation  of  use  of  expert  witnesses  and 
■    I'-ri    testimony   in   criminal   trials    and    proceedings.      (Ohio   II 

39.) 
lit -siiwn  am.  Wife 

mpelled    to    testify    against   each    other     (not    clear    whether 
limited   to  criminal  cases).      (Utah  I   12.) 
i-.<  I'.iMi.wiiN.,  Evidence 

Bhall  be  compelled  to  accuse  or  furnish  evidence  against 
nnnself.  pt.  I  12;  N.H.  I  15.) 

N-  per-,,,  compelled  to  give  testimony  tending  to  incriminate  him- 
self in  any  way.      (Ga,  I  Sec.  I  6.) 


Index  Digest  677 


EVIDENCE    (Cont'd) 

Incriminating  Evidence  {Cont'd) 

No  person  to  be  compelled  to  give  evidence  which  will  tend  to  in- 
criminate him,  but  person  having  knowledge  or  possession  of  facts 
tending  to  establish  guilt  of  any  other  person  or  corporation 
charged  with  offense  against  laws  of  state  not  to  be  excused  from 
giving  testimony  or  producing  evidence  when  legally  called  on, 
on  ground  it  may  tend  to  incriminate  him;  not  to  be  prosecuted 
or  subject  to  any  penalty  or  forfeiture  on  account  of  any  trans- 
action,  matter   or   thing   concerning  which   he   may   so   testify   or 

produce   evidence.      (Okla.   II   21,   27.) 

No   person  compelled  to  give  evidence   against  himself   in   criminal 

case,    or    in    any    proceeding    that    may    subject   him    to    criminal 

prosecution,   except   as   otherwise   provided  in   constitution.      (La. 

11.) 

No  person  shall  be  a  witness  against  himself.      (Kan.  B.R.  10.) 

No  man  ought  to  be  compelled  to  give  evidence  against  himself  in  a 

criminal  case.      (Md.  D.R.  22.) 

No  person  to  be  compelled  in  criminal  case  to  give  evidence  against 

himself.     (111.  II  10;  Nebr.  I  12;  N.C.  I  11;  S.D.  VI  9;  Vt.  I  10; 

Va.  I  8;  Wash.  I  9.) 

No  person  to  be  compelled   in  criminal   case  to  be  witness   against 

himself.      (Ark.  II  8;   Cal.  I  13;   Fla.  D.R.   12;   Ida.  I   13;   Mich. 

II  16;  Minn.  I  7;  Nev.  I  8;  N.Y.  I  6;  N.D.  I  13;  Ohio  I  10;  S.C. 

I  17;  Wis.  I  8.) 

No   person   to   be   compelled   to   testify   against  himself   in   criminal 

case.      (Colo.   II   IS;    Ind.   I   14;   Mo.   II  23;   Mont.   Ill   IS;   N.M. 

II  15;  Ore.  I  12;  Wyo.  I  11.) 
No  person  in  court  of  common  law  compelled  to  give  evidence  in- 
criminating  himself.      (R.I.    I    13.) 
Accused    in    criminal    prosecutions    not"  compelled    to    give   evidence 
against  himself.     (Ala.  I  6;  Conn.  I  9;  Del.  I  7;  Ky.  B.R.  11;  Me. 
D.R.  6;  Miss.  Ill  26;  Pa.  I  9;  Tenn.  I  9;  Tex.  I  10;  Utah  I  12.) 
Persons  having  knowledge  or  possession  of  facts  tending  to  establish 
guilt  of  any  person  or  corporation  charged  with  bribery  or  illegal 
rebating  not  to  be   excused   from  giving   testimony   or   producing 
evidence  when  legally  called,  on  ground  that  it  may  tend  to  in- 
criminate them ;   not  to  be  prosecuted,  or  subject  to  any  penalty 
or    forfeitures    on    account    of    any   transaction,    matter    or    thing 
concerning  which  they  may  so  testify  or  produce  evidence.      (Ariz. 

II  19.) 
Persons  or  officers  or  agents  of  corporation  giving  free  pass,  trans- 
portation, franking  privilege  or  prohibited  discrimination,  not  to 
be  excused   from  testifying   in   relation   thereto ;    not  to  be   liable 
to  civil  or  criminal  prosecution  therefor  if  he  testifies  to  giving 

same.     (La.  191;  N.Y.  XIII  5.) 
Compelling  testimony  in  cases  of  bribery  or  corrupt  solicitation 
See  Public  Officers. 
See  Legislature. 


.  -„  State  i  JbNSTFrtmoNS 


EVIDENCE    [Conf 

-    Failure   in   criminal  cases  to  testify  may  be  considered  by 
the  court  and  jury  and  made  the  subject  of  comment  by  counsel. 

(Ohio  I  10.) 

Right  of  accused  to  testify  in  own  behalf,  See  Crimes  —  Rights  of 

Accused. 

LOCAL,  Private  ok  Special  Laws 

!  egialatare   not    to   pass   local   or   special    laws   changing   rules   of 

evidence.      (Ariz.  IV  Pt.  II  19.) 
Legislature  noi  to  pass  local  or  special  laws  changing  rules  of  evi- 
dence in  any  trial  ot  inquiry.     (Colo.  V  25;  Mont.  V  26;  N.M.  IV 

24;  N.D.  II  69;  Wyo.  Ill  27.) 

!  egisial nnt   to  pass  any  local  or  special  law  changing  rules  of 

evidence  in  any  judicial  proceeding  or  inquiry  before  courts.     (La. 

48.) 
nslature  not   to  enact  any  local,  special  or  private  law  changing 
roles    of    evidence    in    any    judicial    proceeding    or    inquiry   before 
courts  or  other  tribunals.     (Va.  IV  63.) 
Legislature  not   to  pass   local  or  special  law  changing  rules  of  evi- 
dence  in  any  judicial  proceeding  or  inquiry  before  courts,  justices 
of   peace,    Bheriffs,    Commissioners',    arbitrator    or    other   tribunals. 
iMm.  IV  :.:;■.  Okla.  V  46;  Tex.  Ill  56.) 
Legislature  dot  to  pass  local  or  special  law  changing  rules  of  evidence 
in    any    judicial    proceeding    or    inquiry    before    courts,    aldermen, 
justice    of    peace,    sheriffs,    commissioners1,    arbitrators,    auditors, 
masters  in  chancery  or  other  tribunals.     (Pa.  Ill  7.) 
N"  act    Of   legislature  to  change  rules  of  evidence  in  pending  case. 

(N.M.  IV  34.) 
Record  kb  Pboof  of  Execution 

Deeds  and  mortgages  proved  for  record  and  recorded  according""to 
law  to  be  prima  faeie  evidence  in  courts  without  proof  of  execu- 
tion. Certified  copy  of  record  of  deed  or  mortgage  admitted  as 
prima  facie  evidence  of  record  and  of  its  due  execution  with  like 
effect  as  original,  if  original  is  not  within  custody  or  control  of 
party  offering  copy.      (  Ha.   XVI  21.) 

W]  •     •      \\  I  I  NKSSKS. 

EX   POST  FACTO  LAWS 

•    RbtB0SPE<  i  i\  i:    L\\\  s. 

Bxpreaslj    prohibited.     (Ala.   I  22;   Ariz.  II  25;   Ark.  II  17;   Cal.  I  16; 

Colo,  II  11;   Ha.  D.R.  17;  Ga.  I  Sec.  Ill  2;  Ida.  I  16;  111.  II  14;  Ind.  I 

J,;    towa    '    -l:    K.v-   1!»;   La.   166;   Me.  I   11;   Mich.  II  9;   Minn.  I  11; 

HI    16;   Mo.  II    I.,;   Mont..  Ill   11:  Nebr.  I  16;  Nev.  I  15;  X.J.  IV 

'       *  "   ;:-    NM-  "    '!';  N.D.  I   16;  Okla.  II  15;  Ore.  I  21;  Pa.  I  17; 

S.C.   I   s:   si),   vi   12;  Tenn.  I   11;  Tex.  I   16;   Utah  I  18; 

V*a.   I\    58;    Wash   I   23;   VV.Va.   Ill  4;   Wis.  I  12;  Wyo.  I  35.) 

-  made  to  punish  for  actions  done  before  the  existence  of  such  laws 

!  ul"r1'  l,:,Vr  ""'  been  declared  .rimes  by  preceding  laws  are  unjust, 

sive,  and  inconsistent  with  the  fundamental  principles  of  a  free 

government."      (Mass.  Pt.  I  24.) 


Index  Digest  679 


EX  POST  FACTO  LAWS   [Cont'd) 

Ex  post  facto  laws  ought  not  be  made,     i  M.I.  D.R.   17;   N'.C  I  32.) 
No   person   to   be   accused,   arrested   or   detained,    except    in   cases   ascer 
tained  by  law,  and  according  t<>  form  which  same  has   prescribed;    and 
no  person  to  be  punished,  l>ut  by  virtue  of  law  established  and  promul- 
gated prior  to  offense  and  legally  applied.     (Ala.  I   7.) 
Xo  person  deprived  by  law  of  any  right  and  privilege  because  of  any  act 

done  prior  to  passage  of  such  law.      (YY.Ya.  Ill   11.) 
Xo  retrospective  laws  for  punishment  of  offenses  should  lie  made.      (X.H. 

I  23.) 
EXAMINER,  STATE,  See  State  Examiner. 

EXAMINERS,  BOARD  OF 

Composed  of  governor,  secretary  of  state  and  attorney-general;  to  exam- 
ine claims  against  state  except  salaries  or  compensation  of  officers  fixed 
by  law,  and  perform  other  duties  prescribed  by  law.  (Ida.  IV  18; 
Mont.  VII  20;   Xev.  V  21;   Utah  VII   13.) 

EXECUTIVE  COUNCIL,  See  Governor  —  Council. 

EXECUTIVE  DEPARTMENT 

For  provisions  relating  to  officers  of  the  executive  department,  See  Public 

Officers. 
Composition 

Governor,  lieutenant-governor,  attorney-general,  state  auditor,  secre- 
tary of  state,  state  treasurer,  superintendent  of  education,  com- 
missioner   of    agriculture    and    industries    and    a   sheriff    for    each 

county.      (Ala.   V    112.) 
Governor,    secretary    of    state,    treasurer,    auditor,    attorney-general. 

(Ark.  VI   1.) 
Governor,  secretary  of  state,  auditor,  treasurer,  attorney-general    and 

superintendent  of  public  instruction.  (Ariz.  V  1;  Utah  VII  1.) 
Governor,  lieutenant-governor,  secretary  of  state,  auditor,  treasurer, 
attorney-general,  superintendent  of  public  instruction.  (Colo.  IV 
1;  Ida.  IV  1;  111.  V  1;  Kan.  I  1;  Mont.  VII  1;  X.C.  Ill  1.) 
Governor  to  be  assisted  by  following  administrative  officers:  secretary 
of  state,  treasurer,  comptroller,  attorney-general,  superintended 
of  public  instruction  and  commissioner  of  agriculture.      (Fla.  IV 

2d.) 

Governor,    secretarv    of    state,    comptroller-general,    treasurer.      (Ga. 

V    Sec   I    1.) 

Governor,   lieutenant-governor,    auditor,    treasurer    and    secretary   of 

state.       (La.    (51.) 

Governor,  lieutenant-governor,  secretary  of  state,  auditor,  treasurer 
and  attorney-general.      (Minn.  V  1;  Ohio  III  1.) 

Governor,  lieutenant-governor,  secretary  of  state,  auditor,  treasurer, 
attorney-general  and  superintendent  of  public  scl Is.      (Mo.  V  1.) 

Governor,  lieutenant-governor,  secretary  of  state,  auditor,  treasurer, 
superintendent  of  public  instruction,  attorney-general,  commis- 
sioner of  public  lands  and  buildings;  no  other  executive  state 
office  to  be  continued  or  created,  and  duties  of  other  existing 
officers  to  be  performed  by  above.      (Xebr.  V  1,  2(i.) 


'.  \,\-lTITTIOXS 


DEPARTMENT    [Cont'd) 

Atenant-governor,  secretary  oi  state,  auditor,  treasurer, 
superintended    of    public    instruction    and    com- 
,  public  lands.     iX.M.  V  1;   Wash;  III  1.) 
uthoritj    „.-   5tate   to   be  vested  in  governor,  lieutenant- 
0f  state,  auditor,  attorney-general,  treasurer, 
rintendent  of  public  instruction,  slate  examiner  and  inspector, 
chief    mine    inspector,    commissioner    of    labor,    commissioner    of 
and    corrections,   commissioner    of    insurance    and    other 
provided  by  law  and  constitution.     (Okla.  VI   1.) 
,.  lieutenant-governor,  secretary  of  commonwealth,  afctorney- 
auditor-general,   treasurer,    secretary   of   internal    affairs, 
superintendent  of  public  instruction.     (Pa.  IV  1.) 
ernor,  lieutenant-governor,  secretary  of  state,  comptroller,  treas- 
reneral,  commissioner  of  general  land  office.      (Tex. 

IV  1.) 
emor,    secretarj    bf    state    auditor,    treasurer,    attorney-general 
and  superintendent   of  free  schools.      (W.Va.  VII   1.) 

Conducted,  preserved  and  published  in  no  other  than  English  lan- 
guage.     (Cal.  1\    24;   111.  Sched.  18.) 

EXECUTIVE  POWER 

also  Disi  i;m:i  i  mm  of  Powers. 
Where  \  i  sted 

Supreme  executive  power  vested  in  governor.  (Ala.  V  113;  Ark.  VI 
2;  Cal.  V  I;  Colo.  IV  2;  Conn.  IV  1;  Del.  Ill  1;  Fla.  IV  1;  Ida. 
IV  5;    111.  V  6;   Iowa   [V  1;   Kan.  I  3;  Ky.  60;  La.  62;  Me.  V  Pt. 

I  I  ;  Mass.  Pt.  11  Ch.  II  Sec.  1  1;  Mo.  V  4;  Mont.  VII  5;  Nebr.  V 
6;  Xev.  V  1:  N.ll.  II  40;  X..M.  V  4;  N.C.  Ill  1 ;  Ohio  III  5;  Okla. 
\  I   ■_':    Pa.   IV  -2:   S.C.   IV   1:   Tenn.  Ill    1;  Vt,  II  3;  Wash.  Ill  2.) 

Chief   executive   power   vested    in   governor.      (Mich.  VI   2;    Miss.  V 

116;  Ore.  V   1;  K.I.  VII   1;  Tex.  IV  1;  Va.  V  69;  W.Va.  VII  5.) 
I     ecutive  power  vested  in  governor.     (Ga.  V  Sec.  I  2;  Inch  V  1;  Md. 

II  1;    N..I.   V    1:    \.V.    I V    1  ;   N.D.  Ill   71;   S.D.  IV   1;   Wis.  V  1; 

Wyo.  IV  1.) 

utive   authority   of   state   to   he   vested   in  governor,   lieutenant- 

;overnor,   secretary   of   state,   auditor,   attorney-general,   treasurer, 

mperintendeni   of  public  instruction,  state  examiner  and  inspector, 

ne  inspector,  commissioner  of  labor,  commissioner  of  chari- 

and  corrections,  commissioner  of  insurance  and  other  officers 

ided  by  law  and  constitution.     (Okla.  VI  1.) 

i   take    care   that    laws   are  faithfully   executed.      (Ala.   V 

VI:     \,k.   VI    j;    Cal.   V  7;   Colo.  IV  2;    Conn.   IV  0; 

i    111.  IV  6;  Ga.  V  Sec.  I  12;  Ida.  IV  5;  111.  V  6;  Ind. 

I\    9;    Kan.    1    3;    Ixy.   81;    La.   75;    Me.  V  Pt.  I   12; 

Mich.  VI   :;•.   Minn.  V    \  ■.   Miss.  V  123;  Mo.  V  6;  Mont. 

febr.   V   6;   Xev.  V  7;  N.J.  V  6;  N.M.  V  4;  N.Y.  IV  4; 

N.D.   Ill   75;  Ohio  III   6;  Okla.  VI  S;  Ore.  V  10;  Pa. 


Index  Digest  GS1 


EXECUTIVE  POWER    (Cont'd) 
Where  Vested   (Cont'd) 

IV  2;  R.I.  VII  2;  S.D.  IV  4;  Tenn.  Ill  10;  Tex.  IV  10;  Utah  VII 
5;   Vt.  II  20;   Va.  V  73;   Wash.  Ill  5;    W.Ya.   VII  5;   Wis.  V  4; 

Wyo.  IV  4.) 
Governor  to  take  care  that  laws  are  faithfully  executed   in   mercy. 

(S.C.  IV*  12.) 
Governor  to  expedite  measures  resolved  on  by  legislature.     (N.Y.  IV 

4;  N.D.  Ill  75;  S.D.  IV  4;  Vt.  II  20;  Wis.  V  4;  Wyo.  IV  4.) 
Governor  may  grant  such  licenses  as  shall  be  directed  by  law.     (Vt. 

II  20.) 
For  composition  of  executive  department,   See  Executive   Depart- 
ment. 
Use  of  Militia  in  Execution  of  Laws,  See  Militia. 
Power  of  Suspending  Execution  of  Laws 
As  to  poiver  of  suspending  laios,  See  Laws. 

By  any  authority  without  consent  of  representatives  of  the  people, 
is  injurious  to  their  rights  and  ought  not  to  be  exercised.      (Va. 

I  7.) 
Ought  not  to  be  exercised  or  allowed  unless  by  or  derived  from  the 

legislature.      (Md.  D.R.  9.) 
To  be  exercised  only  by  legislature  or  by  its  authority  in  particular 

cases  expressly  provided  for  by  It.      (S.C.  I  13.) 
Ought  never  to  be  exercised  but  by  the  legislature,  or  by  authority 
derived  therefrom,  to  be  exercised  in  such  particular  cases  only  as 
legislature  shall  expressly  provide  for.      (Mass.  Pt.  I  20;   N\H.  I 

20.) 
Ought   never   to   be   exercised   but   by   legislature,    or   by    authority 
derived  from  it,  to  be  exercised  in  such  particular  cases  as  this 
constitution,  or  the  legislature  shall  provide  for.      (Vt.  I   15.) 

EXEMPTIONS  FROM  ARREST 

Sec  Elections  —  Privileges  of  Electors. 
See  Legislature  —  Members. 
See  Militia. 

EXEMPTIONS  FROM   FORCED   SALE 
In  General 

Legislature  to  pass  liberal  homestead   and  exemption   laws.      (Colo. 

XVIII   1;   111.  IV  32;   Mont.  XIX  4.) 
Right   of   debtor  to  be   recognized   by  law.      (Ind    1   22;    New   I    14; 

N.D.  XVII  208;  S.D.  XXI  4;   Wis.  I  17.) 
Property  not  to  be  exempted  from  levy  or  sale  by   local,  private  or 

special  law.      (Ala.  IV  104.) 
Who  Exempted 
In  General 

Heads  of  families.      (Cal.  XVII  1;  N.D.  XVII  208;  S.D.  XXI  4; 

Utah  XXII  1;  Va.  XIV  190;  Wash.  XIX  1.) 
Every  head  of  a  family,  or  guardian,  trustee  of  family  of  minor 
children,  or  every  aged  or  infirm  person,  or  person  having  care 
or  support  of  dependent  females  of  any  age,  who  is  not  head 

of  family.     (Ga.  IX  Sec.  I  1.) 


CONSTITUTIONS 
EXEMPTIONS  KROM  FORCED  SALE    (Co*-**) 

I   or  perso,  having  a  mother  or  ***,  or  a  pe, 
epLdent  upon  him  for  support     No  husband 

St  of  homestead  in  case  wife  owns  and  .s  in  actual 


aefifc  of  homestead  in  case  wife  owns  ^a,^^ 
roperty  or  means  to  amount  of  $2,000. 


244. ) 

and  unmarried  adults,  male  and  female,  to  be 
.,„,„    M  to  personal   property;   ■"""^^^J^)' 

Head  of  family  in  possession  of  homestead.     (Tenn.  XI  11.) 
Head  0f  family   residing  within  state  and  owning  the  property 

(Fla.  X  1.) 

;,„t  of  State.     I  Ala.  X  204,  205;  Mich.  XIV  1,  2;  N.C.  XI 

2.) 

woman  having  separate  estate  married  to  head  of  family 

not   having  enough   property   to   constitute  homestead.      (S.C. 

sonal  property  of  resident  of  state;  homestead  of  resident  of 
state  who  is  married  or  head  of  family.     (Ark.  IX  1,  2,  3.) 
Husband  or  parent  residing  in  state.     (W.Va.  VI  48.) 
Householder.     (Va.  XIV  100.) 

Homestead  "of  a  family";  nothing  in  laws  of  United  States,  or 
any  treaties  with  Indian  tribes  in  state  to  deprive  any  Indian 
or  other  allottee  of  benefit  of  homestead  and  exemption  laws 
(legislature  may  ehange  or  amend).     (Okla.  XII  1,  3.) 
After  Death  of  Person  Exempted 

Exemptions  provided  for  to  inure  to  widow  and  heirs  of  party 

entitled.     (Fla.  X  2.) 

Infant  children  of  deceased  parents  to  hold  homestead  exempt. 

(W.Va.  VI  48.) 
Surviving  spouse,  or  minor  child  or  children  of  a  deceased  bene- 
ficiary  to  be  exempt.     (La.  244.) 
Homestead  to  inure  to  benefit  of  widow;  and  to  be  exempt  during 
minority  of  children  occupying  same.      (Tenn.  XI   H-) 

r   .Lath   of  owner,  homestead  of   family  to  be  exempt  from 
payment  of  debts  contracted  since  July  13,  1868,  or  after  rati- 
fication of  constitution,  during  minority  of  children.     If  owner 
die,  leaving  a  widow,  but  no  children,  homestead  to  be  exempt, 
and  profits  to  inure  to  her  benefit.     (Ala.  X  206,  208.) 
leath   of   owner,   homestead   of   family  to  be  exempt  from 
paymenl  of  his  debts  in  all  cases  during  minority  of  children, 
li  owner  die,  leaving  widow  but  no  children,  homestead  to  be 
ipt,  rent-  and  profits  to  accrue  to  her  benefit  during  time 
<>f  her  widowhood,  unless  she  be  owner  of  homestead  in  her  own 

right.     (Mich.  XIV  3,  4.) 

ner  homestead  to  be  exempt  from  payment  of 

any   debt   during   minority   of   children,   or   any   one  of  them. 

If  vridon   be  left  but  no  children,  homestead  to  be  exempt  from 


Index  Digest  683 


EXEMPTIONS  FROM  FORCED  SALE   (Cont'd) 
Who  Exempted   (Cont'd) 

After  Death  of  Person  Exempted  (Cont'd) 

debts  of  husband ;  rents  and  profits  thereof  to  inure  to  her 
benefit  during  widowhood,  unless  she  be  owner  of  homestead 
in  her  own  right.      (N.C.  X  3,  5.) 

On  death  of  husband  or  wife,  or  both,  to  descend  and  vest  in 
like  manner  as  other  real  property  of  deceased,  and  to  be 
governed  by  same  laws  of  descent  and  distribution,  but  not  to 
be  partitioned  among  heirs  of  deceased  during  lifetime  of  sur- 
viving husband  or  wife  or  so  long  as  survivor  may  elect  to 
use  or  occupy  as  a  homestead,  or  so  long  as  guardian  of  minor 
children  of  deceased  may  be  permitted,  under  order  of  proper 
court  having  jurisdiction,  to  use  and  occupy.      (Tex.  XVI  52.) 

If  owner  of  homestead  die  leaving  widow,  but  no  children,  and 
widow  has  no  separate  homestead  in  her  own  right,  same  to 
be  exempt ;  rents  and  profits  to  vest  in  her  during  her  natural 
life,  provided  that  if  owner  leaves  children,  one  or  more,  they 
shall  share  with  widow  and  be  entitled  to  half  of  rents  and 
profits  till  each  arrives  at  21  years,  when  each  child's  rights 
to  cease  and  shares  to  go  to  younger  children,  and  then 
to  go  to  widow.  Homestead  exemption  to  inure  to  benefit  of 
minor  children  after  decease  of  parents.  Widow  or  children 
may  reside  on  homestead  or  not.  (Ark.  IX  6,  10.) 
What  Exempted 
In  General 

Reasonable  amount  of  property.      (Ind.  I  22;  Xev.  I  14;  Wis.  I 

17.) 
Same;   "to  be  determined  by  law".    (Minn.  I  12.) 

Legislature  to  protect  by  law  a  certain  portion  of  homestead  and 
other   property   of   heads   of   families.      (Cal.   XVII    1;    Wash. 

XIX  1.) 

Legislature  to  provide  by  law  for  exemption  of  reasonable  amount 
of  property  of  debtor,  not  exceeding  $500.      (Md.  Ill  44.) 

In  addition  to  articles  now  exempted  from  levy  or  distress  for 
rent,  real  and  personal  property,  or  either,  including  money 
and  debts  due  him,  to  value  of  not  exceeding  $2,000  to  be 
selected  by  him,  to  be  exempt.      (Va.  XIV  190.) 

Real  or  personal  property  of  railroad  liable  to  execution  or  sale 
as  in  case  of  individuals;  no  law  to  be  passed  exempting  same. 

(Okla.   IX  7;   Tex.  X  4.) 

No  judgment  creditor  or  other  creditor  whose  lien  does  not  bind 
homestead   shall   have  any   right   or   equity   to   require  that  a 
lien  which  embraces  homestead  and  other  property  shall  first 
exhaust  homestead.      (S.C.  Ill  28.) 
Homestead 

Legislature  to  protect  a  certain  portion  of  homestead  and  other 
property  of  heads  of  families.      (Cal.  XVII  1;  Wash.  XIX  1.) 

Homestead,  as   provided  by   law,   to  be  exempt.      (New   IV   30; 

Wyo.  XIX  Homesteads  1.) 


-    ATK    (\i\>TITTTIONS 


EXEMPTIONS  FROM  FORCED  SALE   (CouVd) 
\\ii\i    I.ximi;:        '       t'd) 
Homestead    (Cont'd) 

\  tlue  of  homestead   to  be  Limited  and  defined  by   law.      (N.D. 

XVII   208;    S.D.   XXI   4.) 

II.  is  of  value  of  $1>0OO  td  be  exempt.     (W.Va.  VI  48.) 

H,,.  -   i„   possession  «>f  head  of  family,  and  improvements 

thereon  to  value  in  all  of  $1,00(1  to  be  exempt.     (Tenn.  XI  11.) 

islature  to  enact  laws  to  exempt  homestead  in  lands  whether 

held  in  fee  or  an\   lesser  estate  to  value  of  $1,000,  or  as  much 

a-  propertj   is  worth  if  its  value  is  less  than  $1,000,  with  yearly 

products   thereof.     No   more   than   that   to   husband   and   wife 

jointly.     (S.C.  Ill  28.) 
Homestead  ami  dwellings  and  buildings  used  therewith,  not  ex- 
ceeding  $1,000,  in  value,  or  in  lieu  thereof  at  option  of  owner, 
any  lol    in  a  city,  nr  village,  with  dwelling  and  buildings  used 
thereon,  owned  and  occupied  by  any  resident  of  state  and  not 
exceeding  $1,000  in  value  to  be  exempt.      (N.C.  X  1.) 
Legislature  to   provide  by   law  for  exemption  of  a  homestead  to 
•i-i-t   of  one  or  more  parcels  of  land   together   with   appur- 
tenances and  improvements  to  value  of  at  least  $1,500.     (Utah 

XXII  1.) 
Homestead  and  personal  property  to  value  in  aggregate  of  $1,600 
with  improvements,  to  be  exempt.  (Ga.  IX  Sec.  I  1,  Sec.  II  1.) 
Homestead  not  exceeding  40  acres  of  land,  dwelling  house  thereon 
and  appurtenances  selected  by  owner  and  not  included  in  any 
town  plat,  city  or  village;  or  instead,  at  option  of  owner,  any 
lot  in  any  city,  village  or  recorded  town  plat,  or  such  parts 
of  lots  as  shall  be  equal  thereto,  and  dwelling  house  thereon 
and  it-  appurtenances,  owned  and  occupied  by  any  resident  of 
Btate,   not    exceeding   in   value  $1,500,   to   be  exempt.      (Mich. 

XIV  2.) 

Homestead     no!     exceeding    SO    acres    including    dwelling    and 

appurtenance's,  to  be  selected  if  not  in  city,  town  or  village;  or 

in  lieu  thereof,  if  in  city,  town  or  village,  at  option  of  owner, 

anj    lot   with  dwelling  and  appurtenances  owned  and  occupied 

by  a  resident  of  -fate,  and  not  exceeding  in  value  $2,000,  to  be 

apt,     I  Ala.   X  205.) 

One  hundred  and  sixty  acres  of  farming  land,  or  one  acre  within 

limits  of  incorporated  town  or  city,  occupied  as  residence  by 

amily   of  owner,   together  with   improvements,   to  be  exempt. 

(Kan.  XV  9.) 

Homestead   bona  fide  owned   by  debtor,  not  exceeding   100  acres, 

cupied   by   him,   With   buildings  and   appurtenances,   of  every 

family,    or    person    having   a    mother   or   father-,    or   a 

I"'1""11    '"'    persons    dependent    upon    him    for    support,    to    be 

Wnpt.     Bui  not  to  exceed  $2,000  in  value  inclusive  of  personal 

y,   if  homestead  exceeds  $2,000  in  value,  beneficiary  to 

tied    to   that   amount   in   case  sale  under   legal   process 

realizes  more  than  that  sum.     (La.  244,  245.) 


Index  Digest  685 


EXEMPTIONS  FROM  FORCED  SALE   (Cont'd) 
What  Exempted  (Cont'd) 
Homestead    (Cotit'd) 

One  hundred  and  sixty  acres,  or  one-half  acre  within  limits  of 
incorporated  city  or  town,  and  improvements;  exemption  in 
city  or  town  not  to  extend  to  more  improvements  or  buildings 
than  residence  and  business  house  of  owner.  Reduction  in 
area  not  permitted  when  subsequently  included  within  limits 
of  incorporated  city  or  town,  without  consent  of  owner.      (Fla. 

X  1,  5.) 
If  not  within  city,  town  or  village,  homestead  to  consist  of  not 
more  than  160'  acres  of  land  which  may  be  in  one  or  more 
parcels  to  be  selected  by  owner;  if  within  city,  town  or  village, 
owned  and  occupied  as  a  residence  only,  to  consist  of  not  ex- 
ceeding one  acre  of  land  to  be  selected  by  owner ;  provided 
same  not  to  exceed  in  value  $5,000  and  in  no  event  be  reduced 
to  less  than  one-quarter  of  an  acre  without  regard  to  value, 
and  in  case  it  is  used  for  both  residence  and  business  pur- 
poses, the  interests  therein  shall  not  exceed  in  value  $5,000. 
Temporary  renting  not  to  change  character  when  no  other  has 
been  acquired.      (Legislature  may  change  or  amend.)      (Okla. 

*XII  1,  3.) 
Homestead  outside  city,  town  or  village  owned  and  occupied  as  a 
residence  to  consist  of  not  exceeding  160  acres  of  land  with 
improvements,  selected  by  owner;  not  to  exceed  in  value 
$2,500  and  in  no  event  to  be  reduced  to  less  than  SO  acres 
without  regard  to  value.  If  in  city,  town  or  village,  owned 
and  occupied  as  a  residence,  to  consist  of  not  exceeding  one 
acre  of  land,  with  improvements,  to  be  selected  by  owner ; 
not  to  exceed  in  value  $2,500  and  in  no  event  to  be  reduced 
to  less  than  one-quarter  of  an  acre  without  regard  to  value. 

(Ark.  IX  4,   5.) 
If  not  in  town  or  city,  to  consist  of  not  more  than  200  acres  of 
land  which  may  be  in  one  or  more  parcels,  with  improvements 
thereon;    if  in  city,  town  or  village,  to  consist  of  lot   or   lots 
not  to  exceed  in  value  $5,000-  at  time  of  designation,  without 
reference  to  value  of    improvements.     To  be  homestead,  must 
be  used   for  purposes  of  home,  or  as   place  to  exercise  calling 
or  business  of  head  of  family ;   any  temporary  renting  not  to 
change    character    of   when    no   other    homestead   has    been    ac- 
quired.    (Tex.  XVI  51.) 
Personal  Property 

Legislature  to  have  power  and  it  shall  be  its  duty  to  provide  for 
exemption  of  certain  portion  of  personal  property.      (Tex.  XVI 

49.) 

Reasonable  amount  of  personal   property,  kind  and  value  to  be 

fixed  by  general   laws,   to  be  exempt.      (X.D.  XVII   208;    S.D. 

XXI  4.) 
Personal  property  to  value  of  $200  to  be  exempt.     (W.Va.  VI  48.) 


3     Ml      (  -...NSTlTrTIOXS 


PTIOWS  FROM  FORCED  SALE   (Cont'd) 
Whai   Exemptj  t'd) 

:sonal  Property    [Cont'd) 

Resident  Dot  married  or  head  of  family  to  be  exempt  in  specific 

-ted  by  him.  not  exceeding  in  value  $200  in 

addition  to  hta  wearimg  apparel;  if  married  or  head  of  family, 

in  specific  articles  to  be  seleoted  by  him,  not  exceeding  in  value 

mi  in  addition  to  bis  waring  apparel  and  that  of  his  or  her 

family.     (Ark.  IX  1,  2.) 
sonal  property  as  designated  by  law  not  less  than  $500,  to  be 

exempt.      (Mich.  XIV  1.) 
sonal  property  to  value  of  $500  to  be  selected  by  resident,  to 

be  exempt.  (N.C.  XI.) 
gislature  to  provide  for  exemption  of  personal  property  to 
,,  of  $500  or  so  much  as  property  is  worth  if  its  value  is 
less  than  $600.  No  more  than  this  in  case  husband  and  wife 
,,,,,,  are  exempt.  In  case  of  person  not  head  of  family,  a  like 
exemption  as  provided  for  head  of  family  in  all  necessary 
wearing  apparel,  tools  and  implements  of  trade,  not  to  exceed 
in  value  $300.  (S.C.  HI  28.) 
One  thousand  dollars'  worth  of  personal  property,  to  be  exempt. 

(Ala.  X  204;   Fla.  XL) 

Realty   or    personalty,   together   with    improvements   thereon,   or 

both,  to  value  in  aggregate  of  $1.(500.     (Ga.  IX  Sec.  I  1,  Sec. 

II  1.) 
Two  work  horses,  one  wagon  or  cart,  one  yoke  of  oxen,  two  cows 
and  calves,  25  head  of  hogs,  or  1,000  pounds  of  bacon  or  its 
equivalent  in  pork,  whether  any  of  these  objects  be  attached 
to  a  homestead  or  not.  On  a  farm,  necessary  quantity  of  corn 
and  fodder  for  current  year,  necessary  farming  implements,  to 
value  of  $2,000,  inclusive  of  homestead,  to  be  exempt.      (La. 

244.) 
iTly  products  of  homestead  to  be  exempt,  See  above,  this  sub- 
division, Homestead. 
Selection 

Exempted    property   to   be   selected  by   person   exempted.      (Ala. 
X   204,   205;    Ark.   IX   1,  2,  4.  5;    N.C.  X   1,  2;   Okla.  XII   1; 

Va.  XIV  190.) 
Legislature  to  provide  for  "selection"  by  head  of  each   family. 

(Utah  XXII  1.) 
[islature  to  prescribe  manner  and  conditions  on  which  house- 
holder or  head  of  family  shall  set  apart  homestead;  but  legis- 
lature not  authorized  to  defeat  or  impair  benefits  intended  to 
be  conferred  by  tins  article.     (Ya.  XIV  lit-i.) 
;islature  to  provide  as  early  as  practicable  for  setting  apart 
and    valuation    of   exempted    property,   but   nothing   to   be   con- 
to  affect  or  repeal  existing  laws  contained  in  code  and 
amendatory    thereto.      Optional    with    applicant    to    take 
•   ,,llt    not    both    of   such    exemptions.      Applicant  may   at 


Index   Digest  687 


EXEMPTIONS  FROM  FORCED  SA.LE   (Cont'd) 
What  Exempted  (Cont'd) 
Selection  (Cont'd) 

any  time  supplement  his  exemption  by  adding  to  an  amount 
already  set  apart,  which  is  less  than  whole  amount  of  exemp- 
tion allowed,  a  sufficiency  to  make  exemption  equal  to  whole 
amount.  (Ga.  IX  .Sec.  IV  1,  Sec.  VI  1.) 
Legislature  to  prescribe  by  law  rules  and  regulations  necessary 
to  ascertain  value  of  real  and  personal  property  exempted 
from  sale  under  legal  process  by  constitution,  and  to  secure 
same  to  claimant  thereof  as  selected.  (Ala.  IV  92.) 
''Title  to  the  homestead  to  be  set  off  and  assigned,  to  be  abso 

lute."     (S.C.  Ill  28.) 
From  What  Exempted 
In  General 

From  execution.      (Md.  Ill  44.) 
From  forced  sale.      (Cal.  XVII   1;   Wash.  XIX  1.) 
Property  to  be  exempted  by  law  from  forced  sale.      (X.D.  XVII 

208;   S.D.  XXI  4.) 
Portion  of  personal  property  to  be  protected  by  law  from  forced 
sale.     Homestead   to  be   protected   from   forced   sale  for  pay- 
ment of  debts.      (Tex.  XVI  49,  50.) 
Property  to  be  exempt  from  forced  sale,  subject  to  regulations 
prescribed  by  law;  exemption  not  to  affect  debts  or  liabilities 
existing  at  adoption  of  constitution.      (W.Va.  VI  48.) 
Homestead  to  be  exempt  from  forced  sale  for  payment  of  debts. 

(Legislature  may  change  or  amend.)      (Okla.  XII  2,  3.) 
From  forced  sale  under  process  of  any  court;   exemption  applic- 
able to  all  debts,  except  as  specified  in  constitution;  no  judg- 
ment or  decree  or  execution  to  be  lien  on  exempted  property 
except  as  provided  in  this  article.     (Fla.  X  1.  2.) 
Homesteads  to  be  exempt  from  forced  sale  under  process  of  law. 

(Kan.  XV  9;  Xev.  IV  30;  Wyo.  XIX  Homesteads  1.) 
Homesteads  to  be  exempt  from  forced  sale  on  execution  or  any 

other  final  process  from  a  court.      (Mich.  XIV  2.) 
Homesteads  to  be  exempt  from  sale  under  legal  process.      (Tenn. 

XI   11.) 
Homestead  exempt  from  sale  on  execution.      (.Utah  XXII  1.) 
Property    exempted    from    sale    under    execution,    or    other    final 
process  of  any  court  issued  for  collection  of  any  debt.      (X.C. 

X  1,  2.) 
Personal    property    to    be    exempted    from    sale    on    execution    or 

other  final  process  of  any  court.     (Mich.  XIV  1.) 
Property  to  be  exempt   from   sale  on  execution   or  other  process 
of  any  court,  issued  for  collection  <>\  any  debi  contracted  since 
13th  day  of  July,   1868,   or   after   ratification  of  constitution. 

(Ala.  X  204,  205.) 

Homestead  not  to  lie  subject  to  lien  of  any  judgment,  decree  of 

any  court,  or  to  sale  under  execution  or  oilier  process.      (Ark. 

IX  3.) 


. ,    Constitutions 


ROM  FORCED  SALE   (Cont'd) 

'     <  ' ',! ' 

In  General 

to  be  exempt  from  seizure  on  attachment,  or 

,„;,„,  or  other  process  from  any  court  issued  for 

of  debt  ]•>   contract.     (Ark.  IX   1,  2.) 

to  be  exempted  from  seizure  and  sale  by  any  process 

-   herein   provided;   no  court  or  ministerial 

-     te  to  have  jurisdiction  or  authority  to  enforce  any 

ion   or   decree   against  property   exempted   as 

,  |,i  as  provided.     (La.  244,  245.) 

MV   or    sale    for    payment    of    any    debt    or    liability. 

(Minn.  I  12.) 
li    for  payment  of  any  debt  or  liability  here- 
ntracted.     (Ind.  1  22;  Xev.  I  14;  Wis.  I  17.) 
im   levy,   seizure,  garnishment  or   sale  under   any   execution, 
her  process   issued   on   any  demand  for  debt  here- 
after contracted.     (Va.  XIV  190.) 
From  attachment,   levy  and  sale  under  any  mesne  or  final  pro- 
issued   from  any  court.     Title  to  homestead  set  off  to  be 
lute  and   forever  discharged  from  debts  then  existing  or 
thereafter  contracted  except  as  provided.      (S.C.  Ill  2S.) 
Realty  or  personalty  or  both,  to  be  exempt  from  levy  and  sale 
under  anj  process  whatever,  under  laws  of  state.    Xo  court  or 
ministerial  officer  to  have  jurisdiction  or  authority  to  enforce 
judgment,  execution  or  decree  against  property  set  apart 
for  Buch  purpose.     (Ga.  LX  Sec.  I  1,  Sec.  II  1.) 
Exceptions 

Xo  property  to  lie  exempt  from  sale  for  taxes.     (Kan.  XV  9; 
Nev.   IV  30;  X.C.  X  2;   W.Va.  VI  48;  Wyo.  XIX  Home- 
steads  1.) 
adds  "or  assessments".     (Fla.  X  1.) 
Property   not    to  he  exempt    from    attachment,  levy  or   sale 

for  taxes.      (S.C.  Ill  28.) 
mestead   no!    to  be  exempt   from  debts  for'taxes.      (Tex. 

XVI  50.) 
tnption   not    to  apply  to  debts  for  taxes  or  assessments. 

(La.  245.) 
mption    no!    t,,    operate    against    public    taxes.      (Tenn. 

XI  11.) 

Homestead    not    exempt    from    Lien,   of   judgment,    decree  of 

court,    sale    under   execution  or  other  process,  for  taxes. 

(Ark.  IX  3.) 

Property  nol  to  be  exempt,  from  payment  of  debts  for  taxes 

dm-.      (Legislature  may   change   or   amend.)       (Okla.   XII 

2,  3.) 

mption   not   to  extend   to  any  execution,  order  or  other 

issued  on  demand  for  lawful  claim  for  taxes,  levies 


Index  Digest  G89 


EXEMPTIONS   FROM   FORCED   SALE    [Cont'd) 
From  What  Exempted  (Cont'd) 

Exceptions    (Con I'd) 
Taxes    (Cont'd) 

or  assessments   accruing   after   June    1,    1866.      (Va.    XIV 

190.) 

Court  or  ministerial  officer  in  state  to  have  power  to  enforce 

judgment,  execution  or  decree  against   exempted   property 

for  taxes.     (Ga.  IX  See.  II  1.) 

Purchase  Money 

Exemption  hot  to  extend  to  obligations  contracted  for  pur- 
chase of  premises.  (Fla.  X  1;  Kan.  XV  9;  Nev.  IV  30; 
N.C.  X  2;  Wyo.  XIX  Homesteads  1.) 

No   exemption    for   payment   of   purchase   money   due    upon 

property.     (W.Va.  VI  48.) 

Exemption  not  to  extend  to  debts  for  purchase  price  of 
property  or  any  part  of  such  price.      (La.  24.5.) 

Homestead  not  exempt   from  debts  for  purchase  money  or 

part  of  it,     (Tex.  XVI  50.) 

Property  not  to  be  exempt  from  obligations  contracted  for 
purchase    of   homestead    or   personal   property   exemption. 

(S.C.  Ill  28.) 

Exemption  not  to  operate  against  debts  contracted  for  pur- 
chase money  of  homestead.      (Tenn.  XI  11.) 

Court  or  ministerial  officer  in  state  to  have  power  to  enforce 
judgment,  execution  or  decree  against  exempt  property  for 
purchase  money.      (Ga.  IX  Sec.  II  1.) 

Property  not  exempt  from  lien  of  judgment,  decree  of  court, 
sale  under  execution  or  gther  process  when  rendered  for 
purchase  money.  Personal  property  of  resident,  not  mar- 
ried or  head  of  family,  not  to  be  exempt  from  execution 
for  debts  contracted  for  purchase  money  while  in  hands  of 

vendee.      (Ark.  IX  1,  3.) 

Homestead  not  to  be  exempt  from  debts  for  purchase  money 
or  part  of  it,  No  property  to  be  exempt  for  any  part  of 
purchase  price  while  same  or  any  part  remains  in  posses- 
sion of  original  vendee  or  any  purchaser  from  vendee  with 
notice.      (Legislature  may  change  or  amend.)       (Okla.  XII 

2,  3.) 

Exemption  not  to  extend  to  any  execution,  order  or  other 
process  issued  on  demand  for  purchase  price  of  property. 
If  purchased  and  not  paid  for,  and  exchanged  for  or  con- 
verted into  other  property  by  debtor,  not  to  be  exempted 
from  payment  of  such  unpaid  purchase  money.      (Va.  XIV 

190.) 

Improvements 

Exemption  not  to  extend  to  obligations  contracted  for  erec- 
tion of  on  property.     (Kan.  XV  9;  Nev.  IV  30;  Wyo.  XIX 

Homesteads  1.) 


S     .  .  i     t   ,,\m  mi  EONS 


EXEMPTIONS   FROM   FORCED  SALE    (Cont'd) 

\\  ii  vi     I 

.ceptions    [Cont'd) 

ts    ^Cont'd) 
Homesteads  not    exempt    from   lien  of  judgment,  decree  of 
court,  sale  under  execution  or  other  process  for  specific 
lien,  laborers'  or  mechanics'  liens  for  improving  property. 

(Ark.  IX  3.) 
Exemption  nol  to  apply  to  payment  of  obligations  contracted 

for  erection  or  repair  of  improvements.      (Fla.  X  1.) 
Exemption   oo1    to  apply  to  judgment,  execution  or  decree 
against   exempted   property  for  labor  done  thereon  or  ma- 
i.  rial  furnished  therefor.     (Ga.  IX  .See.  II  1.) 
Exemption    not   to   extend   to   debts   for   labor,   money   and 
material  furnished  for  improving  homesteads.     (La.  245.) 
Property  nol  exempted  for  debts  incurred  to  any  person  for 
w.uk   done  or  materials  furnished  in  improvement  of  ex- 
empted property.     (Minn.  I  12.) 
Provision  not    to  prevent   liens  against  homestead  for  labor 
and    materials   in   improvement,   in   manner  prescribed  by 

law.      (N.D.  XVII  208.) 

Exemption  not  to  apply  to  debts  for  work  and  material  used 

in    constructing.       (Legislature   may    change    or    amend.) 

(Okla.  XII  2,  3.) 
Exemption   not  to  apply  to  obligations  contracted  for  erec- 
tion or  making  of.      ( S.C.  Ill  28.) 
Exemption   not  to  extend  to  debts   contracted  for   improve- 
ments.     (Tenn.  XI  11.) 
Exemption    of   homestead    not   to   apply   to   debts   for   work 
and  materials  in  constructing  homestead,  only  when  work 
and    material   contracted   for   in  writing,   with   consent  of 
wife  given   in   same  manner  as  required  in  making  a  sale 
and  conveyance  of  homestead.     (Tex.  XVI  50.) 
mption  not  to  extend  to  debts  contracted  for  erection  of 

improvements.      (W.Va.  VI  48.) 

Building,  Construction  or  Repair 

Exemption    nol    to    extend    to    debts    for    labor,    money    and 
aterial    furnished    for    building   or    repairing    homesteads. 

(La.  245.) 

Property   nol   exempted  for  debts  incurred  to  any  person  for 

work  -Ion,.  ,,r  materials  furnished  in  construction  or  repair. 

(Minn.  I  12.) 
&emp!  '   to  extend  to  obligations  contracted  for  mak- 

ing  of  repairs.     (S.C.   III   28.) 

•  iption  provisions  not  to  be  construed  to  prevent  laborers' 

for    work    .lone    ami    performed    for    person    claiming 

JXemption,   or   a    mechanics'    lien    for   work   done   on 

premises.     (Ala.  X  207.) 


Index  D  re;  est  691 


EXEMPTIONS  FROM  FORCED  SALE    (Cont'd) 
From  What  Exempted    {Cont'd) 
Exceptions    ( Cont'd ) 

Labor  Performed    (Cont'd) 

Homestead    not    exempt    from    lien    of    judgment,   decree   of 
court,   sale   under    execution   or   other   process   for   specific 
liens,    laborers'    or    mechanics'    liens    for    improving    prop- 
erty.     (Ark.  IX  3.) 
No  property  exempt  from  payment  of  obligations  contracted 
for  house,  field  or  other  labor  performed  on  same.      (Fla. 

X  1.) 
Court  or  ministerial  officer  in  state  to  have  power  to  en- 
force    judgment,     execution     or     decree     against     exempt 
property  for  labor  done  thereon.     (Ga.  IX  Sec.  II  1.) 
Exemption  not  to  extend  to  debts  for  labor  furnished   for 
building,  repairing  or  improving  homesteads.      (La.  245.) 
Exempt   property   liable   for   debts    incurred    to    any   person 
for  work  done  in  construction,  repair  or  improvement  of 
same;    liability    to    seizure    and    sale    to    extend    to    real 
property   for   debt   to    any   laborer   or   servant   tor   labor 
or  service  performed.      (Minn.  I   12.) 
Exemption  not  to  prevent  laborers'  lien  for  work  done  and 
performed  for  persons  claiming  exemptions  or  mechanics' 
lien  for  work  done  on  premises.      (N.C.  X  4.) 
Exemption    not   to    be    construed    to    prevent   liens    against 
homesteads    for    labor    done    in    improvement   thereof,    in 
manner  prescribed  by  law.      (N.D.  XVII  20S.) 
Homestead  not  to  be  exempt  from  debts  for  work  used  in 
constructing  improvements.      (Legislature  may  change  or 

amend.)      (Okla.  XII  2,  3.) 

Homestead  not  to  be  exempt  from  debts  for  work  used  in 

constructing    improvements   thereon,    if   contracted    for    in 

writing,  with  consent  of  wife  given  in  manner  required  in 

making   sale   and   conveyance   of   homestead.      (Tex.   XVI 

50.) 

Exemption  not  to  extend  to  any  execution,  order  or  other 

process  issued  on  demand  for  services  rendered  by  laborer 

or  mechanic.      (Va.  XIV  190.) 
Liens 

Exemption  provisions  not  to  be  construed  to  prevent 
laborers'  lien  for  work  done  and  performed  for  person 
claiming  such   exemption,  or   a  mechanics'   lien   for  work 

done  on  premises.      (Ala.  X  207.) 
Exemption    of    homestead    not   to    extend    to    lien    of    judg- 
ment,   decree    of    court,    sale    under    execution    or    other 
process    for    specific    liens,    laborers'    or    mechanics'    liens 
for  improving  property.      (Ark.  TX  3.) 
Exemption  not  to  extend  to  judgment,  execution  or  decree 
against  exempted   property   for   removal   of  encumbrances 

thereon.     (Ga.  IX  Sec.  II  1.) 


(  ioNSTITl   DIONS 


EXEMPTIONS  FROM  FORCED  SALE  (Cont'd) 

f'd) 
ception:-      I     nt'd) 
t'd) 
emption    n< >1    to  extend    iu    process   of   law   obtained   by 
virtue   of    lien   given    l>\    consent   of    husband    and    wife. 

(Kan.  XV  9;  Xev.  IV  30.) 
Exemption  not  to  prevent  laborers'  lien  for  work  done  and 
performed  for  person  claiming  exemption  or  mechanics' 
lien  for  work  done  on  premises.  (X.C.  X  4.) 
Exemption  not  to  1"'  construed  to  prevent  liens  against 
homestead  Eor  labor  done  and  materials  furnished  in  im- 
provement  thereof,  in  manner  prescribed  by  law.      (X.D. 

XVII  208.) 
La   /-<  mortgages,  See  below,   this  title,  Encumbrances  on 

Exempted  Property. 

/.'■ 

Exemption  nol    to  extend   to  any  execution,  order  or  other 

process  issued  on  demand  for  rent.     (Va.  XIV  190.) 
Exemption    not    to   apply   to   debts   for  rent  which  bears   a 

privilege  upon  said  property.     (La.  245.) 

Money  Collected 

Homestead  not  exempt  from  lien  of  judgment,  decree  of 
court,  Bale  under  execution  or  other  process  against 
executors,  administrators,  guardians,  receivers,  or  at- 
torneys for  moneys  collected  by  them,  and  other  trustees 
of  an   express   trust    for  moneys  due  from  them   in  their 

fiduciary  capacity.      (Ark.  IX  3.) 

I  cemption    not    to   extend    to   debts   for   liabilities   incurred 

l>\    public  officer,   fiduciary  or  attorney-at-law  for  money 

collected.      (La.  245.) 
Exemption  not   to  extend  to  any  execution,  order  or  other 
process  issued   on   demand  for  liabilities  incurred  by  any 
lie   officer,    officer    of    a   court,    fiduciary,    or    any    at- 
torney-at-law for  money  collected.      (Ya.  XIV,  190.) 
on   Di  posit 
tnption  no!   to  extend  to  debts  for  liabilities  incurred  by 
public   officer,    fiduciary    or    any   attorney-at-law   for 
money  received  on  deposit.     (La.  245.) 

/  ■  •        .  |     i  r 

mption   in  if    to  extend    to  any   execution,  order  or  other 
ted  en  demand  for  legal  or  taxable  fees  of  any 
public  officer  or  officer  of  court.     (Va.  XIV  190.) 

-  lock  and  lilt  gal  Con  ■  <  i/ances 
emption   not    to  be  claimed   or  held   in  shifting  stock  of 
lerchandise,    or    in    any    property,    conveyance   of   which 

h< istead   claimant   lias  been   set   aside  for   fraud   or 

want  of  consideration.      (Va.  XIV  191.) 


Im>i:x  Digest  693 


EXEMPTIONS   FROM   FORCED   SALE    {Cont'd) 
From  What  Exempted   {Cont'd) 
Exceptions    (Cont'd) 
Yearly  Products 

Yearly  products   of  homestead  not   to  be  exempt  from   at- 
tachment,  levy    or    sale    for    payment   of   obligations   con- 
tracted in  production  of  same.      (S.C.  Ill  28.) 
Recording 

Laws  to   provide   for  recording  of   homestead   within   county  where 

situated.      (Nev.  IV  30.) 
In  parish  of  Orleans,  homestead  to  be  valid,   shall   be   recorded  as 

prescribed  by  law.      (La.  247.) 
Of  waiver,  See  below,  this  title,  Waiver. 

Registration 

Exempted  property  need  not  be  registered.      (La.  244.) 

Waiver 

Right  of  exemption  may  be  waived  by  instrument  in  writing;  when 
waiver  relates  to  realty,  instrument  must  be  signed  by  both 
husband  and  wife,  and  attested  by  one  witness.      (Ala.  X  210.) 

Exemption  may  be  waived  in  writing  except  aa  to  wearing  apparel, 
and  not  exceeding  $300  worth  of  household  and  kitchen  furniture 
and  provisions,  to  be  •selected  by  himself  and  wife.  Exemption 
provided  for  in  certain  statutes  continued  in  force  by  constitution 
may  be  waived.     (Ga.  IX  Sec.  Ill  1,  Sec.  V  I.) 

Homestead  may  be  waived  by  signing  with  wife,  if  she  be  not 
separated,  a  mensa  et  thoro,  and  recording  in  mortgage  records 
of  his  parish,  a  written  waiver  in  whole  or  in  part.  Waiver  may 
be  either  general  or  special;  to  have  effect  from  time  of  recording. 

(La.  246.) 

No  waiver  to  defeat  right  of  homestead  before  assignment  except 
it  be  by  deed  of  conveyance  or  by  mortgage  and  only  as  against 
mortgage  debt.  After  set  off  and  recording,  no  waiver  by  deed 
of  conveyance,  mortgage  or  otherwise,  unless  same  be  executed 
by  husband  and  wife  if  both  be  living.     (S.C.  Ill  28.) 

Alienation  of  Exempted  Property 

As  waiver,  See  above,  this  title,  Waiver. 

Homestead  not  to  be  alienated  without  consent  of  husband  and  wife. 
(Kan.  XV  9;  Nev.  IV  30;  Tenn.  XI  11;  Wyo.  XIX  Homestead  1.) 

Owner,  if  married,  not  to  sell  homestead  without  consent  of  wife, 
given  as  prescribed  by  law.      (Tex.  XVI  50.) 

Same;  nothing  to  prohibit  person  from  mortgaging  homestead,  if 
spouse  joins  therein,  nor  prevent  sale  on  foreclosure  to  satisfy  any 
mortgage.     (Legislature  may  change  or  amend.)     (Okla.  XII  2,  3.) 

Real  estate  not  to  be  alienable  without  joint  consent  of  husband 
and  wife.  Holder  of  homestead  may  alienate  by  deed  or  mort- 
gage executed  by  husband  and  wife.      (Fla.  X  1,  4.) 

Owner  of  homestead  may  dispose  of  it  by  deed;  no  deed  to  be  valid 
without  voluntary  signature  and  assent  of  wife,  signified  on  her 
private  examination  according  to  law.      (N.C.  X  8.) 


State  Constitutions 


MPTIONS   FROM   FORCED   SALE    [Confd) 

.,„   Pbopebti    [Confd) 
x   homestead   not   to  -tend  to  any   mortgage  lawfully 

but   such  , .^go  or  other  alienation  by  owner ,  lia 

miirri,l    .nan.   not    valid   without   signature   of   Ins   mfc^ 

option  n„t  to  extend  to  mortgage  or  other  alienation  of  home- 
stead, but   if  owner  is  married  man  it  must  have  voluntary  sig- 
of  wife.      (Ala.  X  205.) 
apar1    f0r  exemption  not  to  alienated  or  encumbered, 
,,;it   m  1,1   by  him  and  Wife  jointly  with  sanction  of  judge 

0f  ,„,„;„„    court   of  county  where  debtor  resides  or  land  is  situ- 
.    t0   be    reinvested   upon  same  uses.     (Ga.   IX   Sec. 

.  !l  exempted  homestead  property  to  be  preserved;   but  no 
v  or  impair  rights  of  creditors.      (La.  246.) 

j  ON  1   SEMPTED   PbOPEBTY 

lion  of  liens  fxpm  exemptions,  See  above,  this  title,  From 

What  Exempted  —  Exceptions. 

Exemption   of  homestead   not  to  extend   to   any  mortgage  lawfully 

obtained;   but   mortgage  of  homestead,  by  a  married  man,  not  to 

be  valid  without   voluntary  signature  and  assent  of  wife.     (Ala. 

X  205.) 
Holder  of  homestead  may  alienate  by  mortgage  executed  by  husband 

and  wife.      (Fla.  X  4.) 
Property  Bet   apart  for  exemption  not  to  be  encumbered.     (Ga.  IX 

Sec.  Ill  1.) 

Exemption   of  homestead   not   to  extend  to  any  mortgage  lawfully 

obtained;    Buch  mortgage  not  valid  without  signature  of  wife  of 

owner.      (Mich.  XIV  2.) 

Nothing   to    prohibit    any   person    from   mortgaging   his   homestead, 

the   wife,   it    any.   joining,   nor   to   prevent   sale  on   foreclosure  to 

Batisfy  mortgage;  nothing  to  prevent  or  prohibit  any  person  from 

mortgaging    or    encumbering    his   personal   exemptions.     (Legisla- 

ture  maj  change  or  amend.)      (Okla.  XII  2,  3.) 

So  mortgage,  trust    deed   or   other  lien  on  homestead  to  be  valid, 

cepl   for  purchase  money  or  improvements  made,  as  provided  by 

onstitution,  whether  created  by  husband  alone  or  together  with 

wife;   all   pretended   sales  involving  condition  of  defeasance  to  be 

void.      (Tex.  XVI  50.) 
I  >f  -  ;     EfOMEBTEAD,    Set     above,    litis    title,    WlIO    EXEMPTED — AFTER 

Death  of  Person  Exempted. 
Disposi  i  ion  i.v  Will 

Holder,   if   without  children,   may   dispose   of   homestead  by  will   in 
nner  prescribed  by  law.     (Fla.  X  4.) 

Exi  \iii  !■••-  i  m>i  b  Old  (  !onsi  etui  tow 

tiled  provisions  ;i~  to  status  of.     (Ark.  Sched.  1;  Fla.  X  3;  Ga. 
I\   Sec.   VII,  \III.   IX:    La.  245;   Va.  XIV   193.) 

EXEMPTIONS  FROM   TAXATION,  See  Taxation. 


Index  Digest  G95 


EXILE,  See  Crimes  —  Punishment. 

EXPOSITION  COMPANIES 

For  provisiofis  relating  to  all  corporations,  See  Corporations. 
Exemption  from  general  provision  as  to  liability  of  stockholders,  directors 

and  trustees.      (Cal.  XII  3.) 
Stockholders  liable  only  to  par  value  of  stock  subscribed.      (Cal.  XII  3.) 

EXPRESS  COMPANIES 

For  provisions  relating  to  all  common  carriers,  See  Common  Carriers. 
For  provisions  relating  to  all  transportation  companies,  See  Transpor- 
tation Companies. 
For  provisions   relating    to    all  public  service   corporations,   See    Public 

Service  Corporations. 
For  provisions  relating  to  all  corporations,  See  Corporations. 
Acceptance  of  State  Constitution 

To  be  filed  "  in  binding  form  "  in  secretary  of  state's  office  as  pre- 
requisite to  benefit  of  any  future  legislation.      (Mont.  XV  8.) 
Appeals  to  Courts 

From   orders,    etc.,   of    railroad   commission   allowed,    irrespective   of 
amount;    cases    tried    summarily    and    given    preference    oveT    all 

other  case3.      (La.  285.) 
Removal  of  cases  involving  orderB  of  corporation  commission  allowed; 
such  cases  given  preference  and  heard  at  all  times.      (N.M.  XI  7.) 
Commission 

Legislature  may  delegate  power  to  fix  reasonable  maximum  railroad 
and   express  rates  to  a   commission.      (Mich.  XII   7.) 
As  Common  Carriers 

Declared  to  be  common  carriers.      (Wyo.  X  Corporations  7.) 
Declared  to  be  common   carriers   and   subject  to  legislative  control. 

(Ariz.  XV  10;  Ida.  XI  5;  Mont.  XV  5;   S.C.  IX  3.) 
Declared   to   be   common   carriers   and   subject   to   liability   as   such. 

(Miss.  VII  195.) 
Consolidation 

Not  to  consolidate  stock,  property  or  earnings,  nor  have  officers  in 
common,  with  company  owning  or  controlling  parallel  or  compet- 
ing line.     (Mont.  XV  6.) 
Creation 

Corporate  powers  and  privileges  issued  and  granted  by  secretary  of 
state  as   prescribed  by  law,  or  by  other  person  named  by  law  if 
he  is  disqualified.      (Ga.-III  Sec.  VII  18.) 
Equality  of  Service 

Equal  rights  to  all  to  have  persons  or  property  transported;   perish- 
able property  may  be  given  preference.      (Ida.  XI  6.) 
Must  receive  and  transport   each   other's   tonnage  without   delay  or 

discrimination,  as  regulated  by  commission.     (N.M.  XI  15.) 
No  discrimination  in  charges  or  facilities  to  be  made.      (Mont.  XV  7.) 
Preference  to   anyone  in   transportation   of  money  or   other   express 
matter  forbidden.      (Ida.  XI  6;   Mont.  XV  7.) 
Foreign  Express   Companies 

Must  incorporate  under  domestic  law,  to  exercise  right  of  eminent 
I  domain.     (Okla.  IX  31.) 


Constitutions 


fPANIES  I'd) 

\  lK.'I. 

,,,,  maximum  charges  or  delegate ,  power 

to  a  commission.      (Mien.  All   t.) 

•    .'.uses  and  prevent  discrimination  in  charges  to 

•   property  and  franchises.      (Nebr    XI    ?.)  _ 

:     abuses,    discrimination    and    extortion    in 

to  provide  penalties  to  extent  of  forfeiture 

of  franchise.     (Miss.  VII  186.) 

,ful   rates  or  violating  orders,  etc.,  of  railroad  commission, 

$100  to  $5,000.     (La.  286.) 

Privileges 

rations   and    associations   organized    for    purpose   may   operate 
ji,  ,  .  ..„  any  points,  connect  at  state  lines  or  elsewhere  with 

other  lines.      (Okla.  IX  2.) 
and   privileges  issued  and  granted  by  secretary  of 
escribed  by  law,  or  by  other  persons  named  by  law  if 
disqualified.     (Ga.  Ill   Sec.  VII   18.) 
equal   rights  of  transportation,  facilities,  privileges  and  rates 
.r    all    railroads   in   state.      (Wash.   XII    21.) 
}-K>.  ..  this  title,  Equality  of  Service. 

Appeals  to  courts,  See  above,  this  title,  Appeals  to  Courts. 
Fixed    and    controlled    by    railroad    commission;    greater    charge    for 
irter  than  longer  distance  only  with  permission  of  commission. 

(La.  284.) 
Fixed  and  controlled  by  state  corporation  commission.     (N.M.  XI  7.) 
Ir r  reduced  rates  not  forbidden  in  serving  state  or  local  govern- 
in. ni.  charities  or  destitute  or  indigent  persons.      (La.  287.) 
Legislative  control,  -S'ee  above,  this  title,  Legislative  Control. 

ielature  may  fix  reasonable  maximum  charges  or  delegate  power 

to  a  commission.      (Mich.  XII  7.) 
iperty  to  be  transported  at  charges  not  exceeding  charge  for  same 

-   t re  distant   point.      (Ida.  XI   G;   Mont.  XV  7.) 

Subjecl    to   legislative    regulation   and   control.     (Ida.  , XI   5;    Mont. 

XV  5.) 

When  fixed  by  railroad  commission  remain  in  effect  until  set  aside; 

enalty   payable  state  for  each  day  sustained  rate  was  suspended 

by  suit.      (La.  286.) 
-l  w  \  i 

Taxattor       Ob  «.m>   Kinds  of  Taxation  —  Corporations. 

i  iXATTON      Objects   vnd  Kinds  of  Taxation — Puhltc  LTtili- 

TIES. 

AS81  S8MI  NT  —  Corporate  Property. 
DE  RAL  CONSTITUTION,  fi  1 1  roTlON  of  United  States. 

MINDED,       i    <  iiaim  i  us. 
W  i.i.ow  SERVANT  RULE,  Bet   Labob      Employer's  Liability. 


Index  Digest  GO 7 


FENCES 

Legislature  may  pass  fence  laws  applicable  to  any  subdivision  of  state  or 
county,  "as  may  be  needed  to  meet  the  wants  of  the  people".      (Tex. 

XVI  22.) 
Legislature  not  to  pass  special,  private  or  local  laws  relating  to  fences. 

(Del.  II  19;   Miss.  IV  90;  Va.  IV  63.) 
Legislature  not  to  pass  special  or  local  legislation  to  regulate  fencing  or 
running   at   large   of   live    stock.      ( Ky.    59.) 

FERRIES 

Special,  private  e*r  local  laws  prohibited  relating  to.  (La,  48;  Mo.  IV 
53;  Okla.  V  4G;  Pa.  Ill  7;  Tex.  Ill  56.) 

Special,  private  or  local  laws  prohibited  establishing.      (Fla.  Ill  20.) 

Legislature   shall    not   give   any    person,    corporation   or    association    the 

right  to  have.      (Miss.  IV  90.) 

Local  or  special  laws  to  license  companies  or  persons  to  own  or  operate 

ferries,  prohibited.      (Ky.  59.) 

Special,  private  or  local  laws  chartering  or  licensing  prohibited.  (Ala. 
IV  104;  Cal.  IV  25;  Colo.  V  25;  Ida.  Ill  19;  111.  IV  22;  Mont.  V  26; 
Nebr.  Ill  15;   N.M.  IV  24;  N.D.  II  69;  W.Va.  VI  39;  Wyo.  Ill  27.) 

Special  and  local  laws  prohibited  authorizing  persons  to  keep  ferries  on 
streams  wholly  within  the  state.      (S.D.  Ill  23;   Utah  VI  26;   Wash. 

II  28;   Wis.  IV  31.) 

Legislature  may  not  establish  ferries  but  shall  prescribe  by  law  manner 
in  which  power  shall  be  exercised  by  courts.      (Ga.  Ill  Sec.  VII  18.) 

Right  to  authorize  and  regulate  tolls  on,  under  legislative  control,  pun- 
ishment provided  for  unauthorized  taking  of.  All  laws  granting  right 
to  collect  tolls    subject   to   amendment,    modification   or   Tepeal.      (Tex. 

XII  3,   4.) 

Local  or  special  laws  incorporating  ferry  companies  prohibited.  (La. 
48;  Mo.  IV  53;  Okla.  V  46;  Pa.  IK  7;  Tex.  Ill  56.) 

Taxation  of,  See  Taxation — Objects  and  Kinds  of  Taxation — Ferries. 

FINES,  See  Crimes. 

FIRE 

Legislature  to  enact  laws  to  secure  safety  of  persons  from  fires  in  hotels, 
theatres  and  other  public  places  of  resort.      (Miss.  IV  83.) 

FIRE  MARSHAL 

Office  as  created  by  existing  law  recognized.  Compensation,  jurisdiction, 
powers,  and  duties  to  be  prescribed  by  legislature,  except  that  powers 
and  duties  not  to  be  extended  beyond  those  specified  by  certain  named 

acts    of    legislature.      (La.    320.) 
FISH  AND  GAME 
Fish  Trap 

Legislature  not  to  pass  special,  private  or  local  law  granting  to  any 
person,   corporation   or   association   right  to   have   any.      (Miss.   IV 

90.) 
Game  Wardens 

Compensation  of  fixed  in  county  charters  or  by  board  of  supervisors. 

(Cal.  XI  7y2,  6.) 


Constitutions 


FISH  AND  GAME     Confd) 

,1  laws  for,  prohibited.     (Colo.  V  25;  111.  IV  22;  Ky. 
S'ebr.  Ill    15;   N.D.   11   69;   S.C.   HI   34.) 

to  have  power  to  enact  laws  for  projection  and  preser- 
•  h  and  game.     (Tenn.  XI    13.) 
■  ire  iua_\   bj   statute,  provide  foT  the  season  when  and  the 
under  which  the  different  species  of  fish  may  be  taken. 

(Cal.   1  25.) 
tion  of  may  be  applied   in  particular  districts  desig- 
|   by  legislature.     Mai.    IV   25%;  Tern*.  XI    13.) 

may  be  passed  for  the  preservation  of  in  certain  locali- 
ties.     (Tex.  Ill  56.) 
Rich  i   ro  T  kxx 

People  to  have  right  bo  fish  upon  and  from  public  lands  and  in  waters 
i>t"  the  state,  except  lands  set  aside  for  fish  hatcheries;  no  public 
land  in  be  sold  or  transferred  without  reserving  right  in  people  to 
fish  thereon;  no  law  to  be  passed  making  it  a  crime  to  enter  public 
land-  tn  fish  in  water  planted  with  fish  by  state.  (Cal.  I  25.) 
People  to  continue  to  enjoy  and  freely  exercise  all  rights  of  fishery 
i  heretofore  entitled  under  charter  and  usages  of  state, 
thi>   declaration   not  to  grant  new  or   impair   any  existing  right. 

(R.I.  I  17.) 
Pe<  pie  of  state  to  have  liberty,  at  seasonable  times,  to  hunt  and  fowl 
mi  lands  they  own  or  on  unenclosed  lands,  and  to  fish  on  all  boat- 
aide  waters,  nol    private  property,  under  proper  regulations  to  be 
made  by  lire.      I  Vt.    1 1    03.) 

FLAG  OF  STATE 

Form  prescribed.     (Ida.  XVI    12.) 

FORESTS 

■   also  Public  I. amis. 
Administration 

etarj    of   internal   affairs  to  discharge   such   duties   in   regard   to 
timber   interests  of  the  state  as  may  be  prescribed  by  law.      (Pa. 

IV  19.) 
■i    "i    Pan  \i  i:   Foeests 

I'oli.e  power  of  Btate  shall  extend  to  such  control  of  private  forests 
iv    for    prevention    and    suppression    of    fires.      (N.M. 

XV  2.) 
HI  N  I    OF    FOBESTM 

nay  be  passed   to  encourage  forestry.      (Ohio  II    36.) 
ti  -i   Pbi 

ted  by  law  from  lands  forfeited  to  the  state,  and  from 
I    authorized    by    law   to   be   acquired   for    the   purpose. 

(Ohio   II   36.) 

set   aside   scl„,ol    and    other    public   lands   of    state 

apted    to    forests    than    agriculture    as    school    or    other 

provide  for  management  on  forestry  prin- 

•   nel    revenue  used   for   purpose  for  which  grant  was  made. 

(Minn.  VIII  7.) 


Index  Digest  699 


FORESTS    (Cont'd) 

Forest  Preserves    (Cont'd) 

Forest  preserves  ever  to  be  kept  as  wild  forest  hinds  not  to  be  leased, 
sold  or  exchanged;  or  be  taken  by  any  corporation  or  the  timber 
to  be  sold,  removed  or  destroyed;  further  provision  that  not  over 
3  per  cent,  of  land  may  be  taken  for  reservoirs  with  restriction  as 
to  purposes  and  conditions  of  use.  (N.Y.  VII  7.) 
The  state  may  appropriate  money  to  acquire,  preserve  and  develop 
forests  of  state,  but  not  under  this  section  in  any  one  year  an 
amount  to  exceed  two-tenths  of  one  mill  of  the  taxable  property 
of  the  state  on  last  preceding  state  assessment.  (Wis.  VIII  10.) 
Logging  Railway 

Taking  of  private  property  for  logging  railway  deemed,  for  public 
use;  and  person,  firm,  company  or  corporation  taking  private 
property  by  eminent  domain  for  such   purpose  becomes  a  common 

carrier.      (Cal.  I   14.) 
Preservation  of  Public  Forests 

Legislature  to  enact  laws  to  prevent  the  destruction  of  and  to  keep 
in  good  preservation  forests  on  public  lands  or  on  lands  of  public 
domain  of  which  Congress  may  give  state  control.      (Colo.  XVIII 

6;   Utah  XVIII    1.) 

Legislature  to   enact  laws  to   prevent  destruction  by  fire  of  grasses 

and  forests    on  public  lands  or  on  lands  of  public  domain  of  which 

Congress  may  give  state  control.      (Mont.  XIX  3.) 

Prohibition  of  state's  being  concerned  in   any  internal  improvement 

not  to  prevent  its  reforestation  of  its  own  lands.      (Mich.  X   14.) 

Sale  of  Public  Forest  Lands 

To    be    under    rules    and    regulations    prescribed    by    law.      (Mont. 

XVII  2.) 
iNo  sale  of  state  forest  lands  to  be  valid  unless  full  value  be  paid 
or  secured  to  state.      (Wash.  XVI  3.) 
Timber  in  Public  Forests 

In    forest   preserves    not   to  bo   sold,    removed   or    destroyed.      (N.Y. 

VII    7.) 

Limitation   on    sale   of   land   not   to    prevent   the   state    from    selling 

timber  off  state  land  in  such  manner  and  at  such  price  as  may 

be  prescribed  by  law.      (Wash  XVI  3.) 

May  be  sold  under  rules  and  regulations  prescribed  by  law.      (Mont. 

XVII  2.) 

Legislature  to  provide  by  laiv  for  sale  of  and  for  faithful  application 

of  proceeds  in  accordance  with  terms  of  grant  of  lands  from  which 

cut.      (Ida.  IX  8.) 

Sold  only  at  public  auction  in  county  seat,  advertised  in  newspaper 

at  state  capital  and  in  newspaper  published  nearest  the  lands,  and 

to   "highest   and    best   bidder"    not   for   less   than    appraised   true 

value  or  for  credit  unless  on  ample  security;  title  not  to  pass  till 

payment.      (Ariz.  X  3,  4.) 
Taxation 

See  Taxation  —  Objects  and  Kinds  of  Taxation. 
See  Taxation  —  Assessments. 
See  Taxation  —  Exemptions. 


I    ..^TnTTTQyS  

FORFEITURES 

- 
-•    See  Death. 

FRANCHISES 

I  pUBLIC  Utilities   under  *fce  Mies  '-Boroughs    ,      Cities    , 
'Municipalities",    "Towns",    "Townships,",    "Vil- 
lages ". 

.   franchise,  Bee  Elections. 

FRAUD 

-     ture  may  provide  for  punishment.     (Ga.  I  Sec.  II  6.) 

FREEDOM  OF  SPEECH  AND  PUBLICATION 

I  >l  .    I  AICA1  [ONS 

Men  have  right  to  communicate  lively  their  thoughts',  and  opinions, 
beii  .       -  ionsible  for  abuse  of  that  right.     (Utah  I    1.) 

communication    of   thoughts    and    opinions   invaluable   right   of 

man.      (Ark.  II  6.) 

No   law  to   be   passed   restraining  free  expression  of  opinion.      (Ore. 

I  8.) 
\,,   |aw    to  be   passed   restraining  free  interchange  of   thought  and 

opinion.      (Ind.  I  9.) 

Libel,  >'•  e  Libel  and  Slandeb. 

Right  to  Maintain  Religious  Opinions,  See  Religion. 

I  lit  EDOW    OF    SPl  I  <  II 

Declaration  of  Right 

Freedom  of  speech  and  debate  in  legislature,  See  Legislature  — 

Members. 

Freed of  speech  to  be  held  sacred.      (Miss.  Ill  13.) 

People  have  rigid  to   freedom  of  speech  concerning  transactions 

of  government.      (Vt.    I    13.) 

Bverj    person   may   speak   on   all   subjects,   being  responsible   for 

abuse  of  that  Liberty.      (Ala.   1    1;   Colo.  II  10;   Ga.  I  Sec.  I 

15;  Iowa  I  7  ;  La.  3 ;  Tex.  I  8.) 

e;  inserts  "  freely"  before  "speak'?.     (Ariz.  II  6;  Fla.  D.R. 

13;    Ida.   Ml;    111.   If  4:    Kan.  B.R.  11;  Ky.  8;  Me.  I  4;   Mich. 

II    I:  Minn.  I  3;  Mo.  II   14;  Mont,  III  10;  Nebr.  I  5;  N.J.  1  5; 

V.M.  II    17:  X.D.  1  !>:  Okla.  II  22;  S.D.  VI  5;  Wash.  I  5;  Wis. 

I  3;   Wyo.  I  20.) 

Everj  citizen  may  freely  speak  on  all  subjects,  being  responsible 

ibuse  of  that  right.      (Cal.  I  9  :  Conn.  I  5;  Nev.  I  9;  N.Y. 

I    B;   Ohio   111:    Pa.   I    7:  Trim.   1   19;   Va.  I  12.) 

tizens  of  -late  ought  to  be  allowed   to  speak  on   all   subjects, 

being  responsible  for  abuse  of  thai  privilege:     (Md.  D.R.  40.) 

Restrictions  on  Legislation 

9  \<>  be  passed  restricting  right  to  speak  freely  on  any  sub- 
l"it  for  abuse  of  that  righl  every  person  to  be  responsible. 

(Ind.  I  0;  Ore.  I  8.) 
•,-  },,  i„.  passed  impairing  freedom  of  speech.      (Colo.  II  10; 

Mo.  II  14;  Mont.  Ill  10.) 


Index  Digest  701 


FREEDOM  OF  SPEECH  AND  PUBLICATION    (Cont'd) 

Freedom  of  Speech    (Cont'd) 

Restrictions  on  Legislation    (Cont'd) 

No  law  to  be  passed  to  curtail  or  restrain  liberty  of  speech. 
(Ala.  1  4;  Conn.  16;  Ga.  I  Sec.  I  15;  La.  3,j 

Same;   omits  "or  restrain".      (Tex.  I   8.) 

No  law  to  be  passed  to  restrain  or  abridge  liberty  of  Bpeecb. 
(Cal.  I  9>;  Fla.  D.  R.  13;  Iowa  1  7;  Mich.  11  4;  Nev.  I  9; 
N.J.  I  5;  N.M.  II  17;  N.Y.  I  8;  Ohio  I   11;  Okla.  II  22;  Utah 

1  15;   Wis.  1   3.) 

Same;   omits  '"restrain  or".      (S.C.  I  4.) 

Same;  omits  "restrain  or";  legislature  may  provide  for  crim- 
inal prosecutions  and  civil  actions  for  libel  or  defamation  of 

character.      (W.Va.  Ill  7.) 
Freedom  of  Writing  and  Publication 
Declaration  of  Right 

Freedom  of  press  to  be  held  sacred.      (Miss.  Ill  13.) 

Liberty   of   press   to   be   inviolate.      (Ark.    II   G;    Kan.    B.R.    11; 

Minn.  I  3.) 

Liberty   of   press   ought   to   be   inviolably    preserved.      (Md.   D.R. 

40;  N.H.  I  22.) 

Liberty  of  press  ought  not  to  be  restrained.      (Mas*.   Pt.   1   16; 

Vt.  I  13.) 

Freedom  of  press  one  of  great  bulwarks  of  liberty  and  can  never 
be  restrained  but  by  despotic  governments.      (Va.   I    12.) 

People  have  right  of  writing  and  publishing  their  sentiments, 
concerning  transactions   of  government.      (Vt.    I    13.) 

Press  free  to  every  citizen  who  undertakes  to  examine  conduct  of 
men   acting  in   public  capacity.      (Del.   I   5.) 

Press  to  be  free  to  every  person  who  undertakes  to  examine  pro- 
ceedings of  legislature  or  any  branch  of  government,  and  no 
law  to  be  made  to  restrain  right  thereof.      (Ky.  8;   Pa.  I  7.) 

Press  to  be  free  to  every  person  to  examine  proceedings  of  legis- 
lature or  of  any  branch  or  officer  of  government;  no  law  to  be 
made  to  restrain  right  thereof.      (Tenn.  I  19.) 

Freedom  of  press  ought  never  to  be  restrained,  but  every  indi- 
vidual to  be  held  responsible  for  abuse  of  same.      (N.C.  I  20.) 

Any  person  may  publish  his  sentiments  on  any  subject,  being 
responsible  for  abuse  of  that  liberty.      (R.I.  I  20.) 

Every  person  may  freely  and  fully  write  and  print  on  any  sub- 
ject, being  responsible  for  abuse  of  that  liberty.      (Ky.  8.) 

Every  person  may  write  or  publish  on  all  subjects,  being  respon- 
sible for  abuse  of  that  liberty.  (Ala.  I  4;  Colo.  II  10;  Ga.  I 
Sec.  I  15;   Iowa  I  7:   La.  3;  Tex.  I  8.) 

Same;  inserts  "freely"  before  "write".  (Ariz.  II  6;  Ark.  II 
6;  Fla.  D.R.  13;  Ida,  I  9;  111.  II  4:  Kan.  B.R.  11;  Me.  I  4; 
Mich.  TI  4:  Minn.  I  3;  Mo.  II  14;  Mont.  HI  10:  Nebr.  I  5; 
N.J.  I  5;  N.M.  II  17;  N.D.  I  9;  Okla.  II  22;  S.D.  VI  5;  Wash. 

T  5;  Wis.  I  3;  Wyo.  I  20.) 

Every  citizen  may  freely  write  and  publish  on  all  subjects,  being 
responsible  for  abuse  of  that  right.  (Cal.  I  9;  Conn.  I  5; 
Nev.  I  9;  N.Y.  I  8;  Ohio  I  11;  Va.  I  12.) 


State  I  Ionstitutions 


FREEDOM   OF    SPEECH   AND   PUBLICATION    (€o»*»*j 
\\  i.i  i  in,,   and  I'i  BU(  atio.v    (Cont'd) 
laration  of  Right     I    nt'd) 

en  may  fwelj    write  and  print  on  any  subject,  being 
sible  for  abuse  of  that  liberty.     (Pa.  I  7;  Term.  I  19.) 
\„\  citizen  maj  print  on  any  subject,  being  responsible  for  abuse 

of   that   liberty.      (Del.    I    5.) 

t  itizenfl  of  Btate  ought  to  be  allowed  to  write  and  publish  their 

sentiments  on  all  subjects,  being  responsible  for  abuse  of  that 

privilege.      (Md.  D.R.  40.) 

Restrictions  on  Legislation 

So  law  to  be  passed  restricting  right  to  write  or  print  freely  on 
any   subject;   but  for  abuse  of  that  right  every  person  to  be 

responsible.      (Ind.  I  9;  Ore.  I  8.) 
\,,  !.,-,.,    ,,,  be  passed  regulating  or  restraining  freedom  of  press. 

(Me.  I  4.) 

V.  law   to  be  passed  to  curtail  or  restrain  liberty  of  the  press. 

...  |    i;  Oonn.  1  6;  Ga.  I  See.  I  15;  La.  3;  N.M.  II  17.) 

omits  '■  or  restrain  ".     (Tex.  I  8.) 

N,,  !a\\   to  be  passed  to  restrain  or  abridge  liberty  of  the  press. 

(Cal.  1   9;    I'la  D.R.   13;    Iowa  I  7;  Mich.  II  4;  Nev.  I  9;   N.J. 

1  5;  N.M.  11  17:  N.Y.  I  S;  Ohio  I  11;  Okla.  II  22;  Utah  I  15; 

Wis.  I  3.) 
„•:  omitB  '•  restrain  or".      (S.C.  I  4.) 

,,-;  .nun-  "  restrain  or  ";  legislature  may  restrain  publication 
or  Bale  of  obscene  books,  papers  or  pictures,  and  provide  for 
criminal  prosecution  and  civil  actions  for  libel  or  defamation 
of  character.     (W.Va.  Ill  7.) 

FUND  COMMISSIONERS,  STATE"  BOARD  OF 

•  I  of  secretary  of  state,  treasurer  and  commissioner  of  state  land 
office.      If  latter  office  abolished  another  state  officer  designated  by  law 

as  member  of  board.      (Mich.  VI  20.) 
GAMBLING 

Lotl  -■  ■'    l."l  1UUKS. 

egislature  !•>  enact   laws  to  suppress.     (La.  188.) 

ng  and   other   forms  of,   prohibited.     Legislature   t.o   enforce  by 

law.      (Del.  II   17.) 
ling,  bookmaking  <>r  any  kind  of  gambling  not  to  be  allowed  or 
authorized;  legislature  to  pass  laws  to  prevent  offenses.      (N.Y.  I  9.) 
selling,  bookmaking  <>r  gambling  not  to  be  authorized  or  allowed; 
ibling  device,  practice  or  game  of  chance  now  prohibited  by  law 
to    be    legalized,    nor    remedy,    penalty    or    punishment    now    provided 
to  be  diminished.     I  N..1.  IV  Sec.  VII  2.) 
iwful   for  pel  ion   holding  office  of  honor,  trust  or  profit  to  engage  in 
■  i    betting  on   games   of  chance,   and   on   conviction   office   to 
an!  as  in  case  of  resignation  or  death.     (S.C.  XVII  8.) 
Mature  t,>  prohibit  fictitious  buying  and  selling  of  shares  of  corpora- 
in  any  ,-i,„k  board,  -lock  exchange  or  stock  market  under  control 
of  ii, ,ii   or   association.     Contracts  for   purchase  or    sale  of 

■hares  of  anj  corporation  Or  association  without  intention  on  part  of 


Index  Digest  708 


GAMBLING   {Cont'd) 

one  party  to  deliver  and  of  the  other  party  to  receive  the  shares',  and 
contemplating  merely  payment' of  differences  between  contract  and 
market  prices,  to  be  void  and  neither  party  entitled  to  recover  damages 
for  failure  to  perform,  or  money  paid  thereon.  (Cal.  IV  26.) 
Dealing  in  futures  on  agricultural  products  or  articles  of  necessity 
declared    to   be    against    public    policy    and    legislature    to    suppress    it, 

(La.  189.) 
GAME,  See  Fish  and  Game. 

GARNISHMENT 

Current  wages  for  personal   service  not  subject  to.      (Tex.  XVI  28.) 

GAS  COMPANIES 

For   provisions   relating   to   all  public  service  corporations.   See   Public 

Service  Corporations. 
For  provisions  relating  to  all  corporations,  See  Corporations. 
Gas  works  "  not  to  be  erected  without  consent  of  local  authorities  con- 
trolling street  or  public  places  to  be  occupied.      (S.C.  VIII  4.) 
For    consent    of    local   authorities    in    cities    or    towns,   See    the    subhead 

Public  Utilities  under  the  specific  title. 
Legislature  shall  regulate  charges;   no  state  officer  concerned   with  regu- 
lation   to    be    selected    by    corporation    or    to    be   officer    or    stockholder 

thereof.      (Cal.  IV  33.) 
Taxation 

See  Taxation  —  Objects  and  Kinds  of  Taxation  —  Corporations. 
See  Taxation  —  Objects  and  Kinds  of  Taxation  —  Public  Utili- 
ties. 
See   Taxation  —  Local   Taxes  —  Authority. 
See  Taxation  —  Exemptions  —  Public    lTtilhtes. 

GOVERNMENT,  THEORY  OF 
Arbitrary  Power 

Absolute   and   arbitrary   power   exists  nowhere   in   republic,   not   even 

in  largest  majority.      (Ky.  2;   Wyo.  I  7.) 
Doctrine    of    non-resistence     against    arbitrary     power     absurd     and 
slavish.      (Md.  D.R.  fi;   N.H.  I   10;   Tenn.  I  2.) 

Distribution  of  Powers,  See  Distribution  of  Powers. 
Fundamental  Principles 

Adherence  to  frugality  essential  to  preserve  liberty  and  free  govern- 
ment.    (S.D.  VI  27;  Vt.  I  18;  Va.  I  15;  W.Va.  Ill  20;  Wis.  I  22.) 
Adherence  to  industry  essential  to  preserve  liberty  and  free  govern- 
ment.     (N.H.  I  38;  Vt.  1  18.) 
Adherence   to   justice  essential    to   preserve   liberty    and    free  govern 
ment.      (Mass.  Pt.  I  18;  S.D.  VI  27;  Va.  I  15;  W.Va.  Ill  20;  Wis. 

I  22.) 
Adherence  to  moderation  essential   to   preserve  liberty  and   free  gov- 
ernment.      (X.H.    I    38;    S.D.    VI    27;    Va.    I    15;    W.Va.    Ill    20; 

Wis.   I  22.) 
Adherence  to  pietv  essential  to  preserve  liberty  and  free  government. 

(Mass.  Pt.  I  18.) 


-      \,!      (    m.\-HTI  TIO.XS 


60VER1  -.  THEORY  OF    [Cont'd) 

am  iples   [Cont'd) 

temperance    essentia]    to    preserve    liberty    and    free 
VII.   i    38;    S.D.   VI   27;    Va,  I  15;   W.Va.  Ill  20; 

Wis.  I  22.) 
•  .  virtue  essential  to  preserve  liberty  and  free  government. 
Va.  I   L5;  W.Va.  Ill  -Jit:   Wis.  I  22.) 

essentia]  to  preserve  liberty  and  free  govern- 
or!/. 11   L;    111.  H  20;   N.ll.   I  38;  N.C.  1  2!>;  S.D.  VI  27; 
[27;   \  a.  I    15;  Wash.  1  32;   Wis.  I  22.) 
.m.  Righ  i  -  of  People 

in.l  principles  expressed  In  bill  of  rights  shall  be  established, 

intained  and   preserved  and  be  of  paramount  obligation  in  all 

ndicial    and    executive   proceedings.      (R.I.    Preamble.) 

ation   of   rights  in   this  constitution   not  to  be  construed   to 

denj  or  impair  othei  -.  retained  by  and  inherent  in  people.      (Minn. 

I   1G;   Miss.  Ill   32.) 

ition  of  certain  rights  not  to  impair  or  deny  others  retained 

(Ala.   I    36;    Ariz.   U    33;   Ark.  II  29;   Cal.  I  23;   Colo. 

II  28;    Kla.  D.I!.  24;    Ida.   1  21  :   Iowa  I  25;  Kan.  B.R.  20;  La.  15; 

!4;   Md.   D.R.   IV  Mo.  11  32;   .Mont.  Ill  30;  Nebr.  I  26;  Nev. 

V.I.   I    2i°j    N.M.   II   23;    -V.C.  I  37;  Ohio  I  20;   Okla.  II  33; 

Ore.  1   33;   R.I.   I  23;   Utah   I  25;   Wash.  I  30;  Wyo.  I  36.) 

The   rights   found    in   this   bill   of   rights   shall   not   be   construed   to 

limit  other  rights  of  the  people  not  herein  expressed.      (Va.  I  17.) 

erything   in    bill   of   rights   is   excepted   out  of  general    powers   of 

>  eminent   and   .-hall   forever  remain  inviolate.      (Ala.   I  36;   Ark. 

II  29;    Ky.  26;   VI).   I  24;   Pa.  I  26;  Tenn.  XI  16;  Tex.  I  29.) 

We    declare   that    everything    in    bill    of    rights    is   reserved    out   of 

neral  powers  of  government  hereinafter  mentioned.      (Del.  I  19.) 

Enumeration   of  rights  in  constitution  not  to  be  construed  to  deny 

to    people    inherent     rights    they    have    hitherto    enjoyed.      (Ga.    I 

Sec.  V  2.) 
Poi  mi  \i.  Righ  is  of  People 

jht   to   govern    themselves   as  free  sovereign   and   independent 

state.   ,  (N.M.  II  3.) 

flit  to  govern    themselves   as   free,  sovereign   and   independent 

•  and  to  have  every  power  not  expressly  delegated  to  the  United 

n  Congress  assembled.     (.Mass.  ['{.  I  4;  N.H.  I  7.) 

■    founded  on  authority  of  people.      (Conn.  I  2;  Utah  I  2.) 

ment  originates  with  people.     (La.  1;   Md.  D.R.  1;  N.C.  I  2; 

Ore.  I    1.) 

I    inherent   in   people.      (Ala.  I  2;   Ariz.  II  2;  Cal.  I  2; 

!  Conn.  I  2;   Del.  Preamble;  Fla.  D.R.  2;  Ga.  I  Sec.  I  1; 

i    Ind.   I    L;    Kan.    B.R  2;    Ky.    1;    Mich.  II   1;   Minn.  I   1; 

111  ■"'•   Mo.  Ill:  .Mont.  Ill    1;  Nev.  I  2;  N.J.  I  2;  N.M.  II  2; 

I  Ore.  I    I;  S.C.   I    1;  S.I).  VI  26;  Tenn.  I  1;  Tex.  I  2;  Va. 

I    1  I   W.V.    II   2.    Ill   2;   Wyo.  I   1.) 

Political  power  derived  from  people.     (N.C.  I  2;  S.D.  VI  1.) 

ivea  its  just  powers  from  consent  of  governed.     (111. 

II  1;  Nebr.  I  1;  Wis.  I  1.) 


Index  Digest  705 


GOVERNMENT,  THEORY   OF    (Cont'd) 
Political  Rights  of  People    {Cont'd) 

May  institute  or  change  government,      (('mm.   I   4;   Del.  Preamble; 
Iowa  I  2;  Me.  1  2;  Md.  D.R.  (5;  Mass.  Pt.  I  7;  New  I  2;  N.D.  1  2; 
Pa.  I  2;  P.I.  I  1;  W.Va.  Ill  3.) 
May  institute  or  change  government  subject  to  preservation  of  repub- 
lican form.      (Tex.  I  2.) 
May   institute  or  change  government,   provided  such   change  be  not 
repugnant  to  constitution  of  United  States.      ( Colo.  II  2 ;   Mo.  II 
2;   Mont.  Ill  2;    N.  C.  I   3;   Okla.  II   1.) 
Right  to  change  form  of  government.      (Ala.  I  2;  Ark.  II  1 ;  Cal.  I  2; 
Conn.  I  2;   Colo.  II  2;  Fla.  D.R.  2;  Ga.  I  Sec.  V  1;  Ida.  I  2;  Ind. 
I  1;  Md.  D.R.  1;  Minn.  I  1;  N.H.  I  10;  N.J.  I  2;  Ohio  I  2;  Ore.  I 
1;  S.C.'I  1;  S.D.  VI  26;  Tenn.  I  1;  Utah  I  2;  Vt.  I  7;  Wyo.  I  1.) 
Right  to   change  form  of  government,   provided  such  .change   be  not 

repugnant  to  constitution  of  United  States.      (Miss.  Ill  6.) 
Right  to  regulate  internal  government  and  police.      (Ga.  I  Sec.  V  1; 

Md.  D.R,  4;  Mo.  II  2;  N.C.  I  3;  Vt.  I  5;  W.Va.  I  2.) 
Right    to    uniform    government,    and    no    other    form    of   government 

should  be  erected  within  the  limits  of  the  state.      (Va.  I   14.) 
Not  bound  by  any  laws  but  such  as  they  have  authorized.      (N.H.  I 

12;  Vt.  I  9.) 
All  powers  not  herein  delegated  remain  with  people.      (Kan.  B.R.  20; 

Nebr.  I  26;  N.C.  I  37;  Ohio  I  20.) 

Declaration     of     political    rights     and     privileges     of    people    hereby 

declared  to  be  part  of  constitution;   and  ought  not  be  violated  on 

any  pretense.      (Vt.  II  67.) 
Purpose  of  Government 

Instituted   solely   for   good   of  people.      (Ga.  I   Sec.   I    1;    N.H.   I   1; 

N.C.  I  2.) 
Founded  to   protect  individual   rights.      (Wa'sh.  I   1.) 
Protection    of    citizens    in    enjoyment    of    life,    liberty    and    property; 

more    than    this,    usurpation.      (Ala.    I    35.) 
Principal    office   of   government  to   give   security   to   life,   liberty  and 
enjoyment  by  people  of  gains  of  their  own  industry.      (Mo.  II  4.) 

Relation  of  State  to  Federal  Government 

See  also  United  States. 

Supremacy    of    federal    constitution,    See    Constitution    of   United 

States. 

State  inseparable  part  of  Union.  (Cal.  I  3;  Ida.  I  3;  N.M.  II  1; 
N.D.  I  3;  Okla.  II  1;  S.D.  VI  26;  Utah  I  3;  W.Va.  I  1 ;  Wyo.  I  37.) 

No   power   to   dissolve  connection   with   Union.      (Fla.   D.R.   2;    Miss. 

Ill  7;  Nev.  I  2;  N.C.  I  4.) 

People  of  state  right  of  governing  themselves  as  a  free  sovereign  and 
independent  state  and  to  enjoy  every  power  which  is  not  or  may 
not  be  expressly  delegated  to  the  United  'States  of  America  in 
Congress.      (Mass.  Pt.  I  4;  N.H.  I  7.) 

Government  of  United  States,  one  of  enumerated  powers,  and  all 
powers  not  delegated  to  it  nor  inhibited  to  the  states,  reserved 
to  states  or  people  thereof;    among  which  is  exclusive  regulation 

23 


I  'oNSTriTTIOKS 


Gu.         •     KMT,  THEORY   OF    [Cont'd) 

,   Fedj  ,:\i.  Govebnmbnt    {Cont'd)) 
.  mm.  nt  and  police;  solemn  duty  of  all  departments 
,,„.  »ted   by   the   constitution   to  guard  and   protect 

reserved  rights.      (W.Va.  I  2.) 

Suj  and   independents    subject  only  to  constitution  of   United 

!,.,      preservation    of    state    necessary    to    indestructible    union. 

1M0.  II  3;  Tex.  II.) 
uin.  hai  dom  and  Independence 
AH  \,k.  II   :S:  Conn.  I  1;  Fla.  D.R.  1;  Ind.  I  1;  Kan. 

I;    \\(  .    I    1:    Ore.   I    1;    Wyo.   I   2.) 
All   men  equally  free.      (Mont.  Ill  3;   N.M,  II  4.) 
Ml  men   free  and  equal.      (Ida.  1  1;  Iowa  I  1;  Ky.  1;  Mass.  Pt.  I  1 ; 

Nev.  I  1.) 
All  men  free  and  independent.     (Cal.  I  1;  111.  II  1;  Nebr.  I  1;  N.J. 

I  1;  Ohio  I  1.) 

All  men  equally  free  and  independent.     (Ala.  I  1;  Ark.  II  2;  Me. 

I    1  :  Nil.  1    I ';   X.D.  I  1;  Pa.  I  1;  Vt.  II;     Va.  1  1 ;  W.Va  III  1; 

Wis.  II.) 
Right  ro  Life,  Libert*  and  Property,  See  Life,  Liberty  and  Property. 

^■•.      \l.  (  OMPA<   I 

Government   founded  on  compact.     (Md.  D.R.  1.) 

Men   entering  society  cannot   by  compact  deprive  their  posterity  of 

inherent   rights.      (Va.    I    1;    W.Va.    Ill    1.) 
When  men  enter  state  of  society  they  surrender  some  of  their  natural 
limits    in    order    to    secure    protection;     without    such    equivalent 

surrender  void.      (N.H.  13.) 
GOVERNOR 

I  nder  this  heading  arc  digested  those  provisions  which  specifically  refer 
in  this  officer.     For  provisions  relating  to  all  officers  awl  hence  to  this 

one,  See  Public  Officers, 
Ac«  ■••  NTS 

["o  legislature,  statement  with  vouchers  of  money  belonging  to  state 

ate!  paid  nut  by  him.      (Colo.  IV  8;  Ida.  IV  8;  Mont.  VII  10.) 
To  legislature,  ami  accompany  message  with  statement,  of  all  moneys 
ed  and  paid  out   by  him  from  funds  subject  to  his  order,  with 
vouchers,     i  111.  V  7:  Nebr.  V  7;  Tex.  IV  9;  W.Va.  VII  6.) 
To  legislature,  as  prescribed  by  law,  for  all  moneys  received  and  paid 

nut  by  him  or  by  his  order.      (Ala.  V  123.) 
To  legislature,  as  prescribed  by  law.  for  all  moneys  received  and  paid 
nut  bj   him  from  funds  subject  to  his  order,  with  vouchers.      (Mo. 

V  10.) 

APPOI  \\  i  I  IKil    |     (   (IMIKMATIiiN 

l1,  '  ;/  '  lat  ■  s  of  officers;  for  provisions  as  to  appoint- 

■  <•!  public  officers  generally,  See  Public  Officers. 

•  ry  gen<  rally  the  power  to  fill  vacancies,  as  to  this. 
1  '■    On  i'  i  B8.      For  his  power  to  fill  a  vctcancu  in  any  par- 
'"  ■''■■  of  offices,  Bee  the  specific  title. 

public    (Ala.    VI    Kisi;    his   own   staff,   as   provided  by  law 
when  acting  in  service  of  United  States  to  appoint 


Index  Digest  707 


GOVERNOR    (Cont'd) 

Appointments  Without  Confirmation    (Cont'd) 

his  staff  (Ala.  V  131)  ;  if  company  or  regimfeirl  iiegle$  to  elect  its 
officers  within  time  prescribed  by  law,  governor  may  appoint  (Ala. 

XV  273). 
Five'  railroad  commissioners.      ( Cal.  XII  22. ) 

All  general  field  and  staff  officers  of  militia;  if  any  company  fail  to 
elect  its  own  officers  within  time  prescribed  by  law,  governor  may 

appoint.      (Colo.  XVII  3.) 
All  commissioned  officers  of  state  militia,  including  adjutant-general 

for  sdife.      (  Flu.  IV  16.) 
Adjutant,  quartermaster-  and  commissary-generals.      (Ifrd.  XII  2.) 
Adjutant-general  and  his  other  staff  officers.      (Ky.  222.) 
Board  of  charities  and  corrections.      (La.  295.) 

Adjutant-general,   quartennaster-general,   officers   of  militia,   in  case 
of  refusal  or  neglect  of  members  to  elect.     (Me.  VII  2,  Amend.  28.) 
Adjutant-general,  brigadiers,  field  officers,  captains  or  subalterns,  if 
electors  fail  to  elect,  governor  to  appoint,  with  *  advice  "  of  council. 

(Mass.  Pt.  II  Ch.  II  Sec.  I  10.) 
Commissioners  to  compile  laws.      (Mich.  V  40.) 

Adjutant-general    and    other    staff    officers    to    commander-in-chief. 

CUiss.  IX  219.) 

Adjutant-general,   quartermaster-general   and  his  other   staff  officers 

(Mo.  XIII  6)  ;  if  any  company  or  regiment  neglect  to  elect  officers 

within  time  prescribed  by  law  or  by  order  of  the  governor,  governor 

may  appoint    (Mo.  XIV   3). 

All  militia  officers  whose  appointment  not  otherwise  provided  for  in 

constitution  ( X.J.  VII  Sec.  19);  if  electors  of  militia  officers  refuse 

or  neglect  to  elect  governor  may  appoint  and  fill  vacancies  caused  by 

such  refusal  or  neglect  (X.J.  VII  Sec.  17). 

Intermediate  court  of  apjjeals,  designate  judges  and  presiding  officer 

from  judges  of  general  trial  court   (X.Y.  VI  2)  ;   chiefs  of  several 

staff  departments,  his  aides-de-camp  and  military  secretary   (X.Y. 

'  XI  4). 
Two  civilian  members  of  board  of  pardons.      (X.D.  Ill  76.) 
Adjutant-general,  quartermaster-general  and  such  other  staff  officers 

as  may  be  provided  for  by  law.      ( Ohio  IX  3. ) 
Adjutant-general  and  other  chief  officers  of  general  staff,  and  his  own 

staff.      (Ore.  X  3.) 
Adjutant-general  and  his  other  staff  officers.      (Tenn.  VIII  2.) 
Secretary  of  civil  and  military  affairs.      (Vt.  II  21.) 

Appointments  Subject  to  Confirmation 

Here  are  listed  special  classes  of  officers;  for  provisions  as  to  appoint- 
ment of  public  officers  generally,  See  Public  Officers. 
The  governor  has  very  generally  the  power  to  fill  vacancies,  as  to  this, 
See  Public  Officers.     For  his  power  to  fill  a  vacancy  in  any  partic- 
lar  office  or  class  of  offices,  See  the  specific  till' . 
By  Legislature  in  Joint  Session 

Members  of  state  corporation  commission.      (Va.  XII  155.) 


Stat]    Constitutions 


governor     I 

AnOUmOSTS    SUBJBCT     K)   '  "M  ikmatio.n    [Cont'd) 
By  Majority  of  All  Members  Elected  to  Senate 

etarj    oi   state    (Del.   Ill   10)  ;   commissioners  of  agriculture 
(Del.  XI  3    ;  chief  justice,  associate  judges  and  chancellor  of 
state  |  Del.  IV  3)  ;  justices  of  the  peace,  and  judges  of  inferior 
.  jtabliahed  by  Legislature  (Del.  IV  32). 
By  Two-thirds  of  All  Members  of  Senate 

,t.iiA  of  -taic  attorney-general,  superintendent  of  public  in- 
struction.    (Pa.  IV  8.) 
By  Two-thirds  of  Senate 

tries  public,     i  Tex.  IV  20.) 
By  Senate 

istees  of  Alabama  Polytechnic  Institute  (Ala.  XIV  266)  ;  gen- 
eral officers  of  militia   (Ala.  XV  276). 
e examiner.     (Ariz.  XXII  IS.) 
Members  of  state  board  of  prison  directors.     (Cal.  X  I.) 
Members  of  Bta-te  board  of  land  commissioners.      (Colo.  IX  9.) 
Judges  «'i  general  trial  court    ( Fla.  V   8);    judges  of  criminal 
iirts    (Fla.   V  24);   state's  attorney  in  each  judicial  circuit 
i  Fla.   \     15)  j    prosecuting  attorney  for  each  county  criminal 
irt  of  record   I  Fla.  V  27)  :  major-generals  and  brigadier-gen- 
erals  pi  militia  (Fla.  XIV  3). 
omissioner  of  immigration,  labor  and  statistics  (Ida.  XIII  1)  ; 
directors  of  insane  asylum  (  Ida.  X  6). 
Justices    of    peace    in    city    of    Chicago    (on    recommendation    of 

judges).      (111.  VI  28.) 
-  of  such  benevolent  institutions  as  may  be  created.     (Kan. 

VII  1.) 

Examiner   of  state   banks    (La.    194):    board  of   agriculture   and 

:  ation,  one  member  from  each  congressional  district    (La. 

307). 
■Mil.  II  22)  ;  commissioner  of  land  office  (Md. 
\  II  1)  ■  state  librarian  (Md.  Vif  3")  ;  chief  justice  (from  mem- 
iurt)    l  Md.  IV  14)  ;  justices  of  the  peace  (Md. 
IV  42)  ;  adjutant-general  (Md.  IX  2)  :  military  officers  of  state 
whose  appointment    or  election  not   otherwise   provided  for  by 
constitution,  unless  different   mode  of  appointment  prescribed 
-'.  creating  offii  e   I  Md.  II    10). 
librarian:  notaries  public.      (.Minn.  V  4.) 
Judges  of  h  general   trial  court  and  chancery  court 

(Miss.    \l    145,    153);    boards   of    levee   cornmissiohers    (Miss. 
i  :  major-general  arid  brigadier-general   (Miss.  IX  218)  ; 
militia,   excepl    non-commissioned  officers    (may  be 
ted  if  legislature  so  determines)    (Miss.  IX  216). 
■M,:r  board   of  curators  of  state  university    (Mo.  XI  5); 

major-generals  and  brigadier-generals  (.Mo.  XIII  6). 

examiner    (Mont.   VI]    S)  :   eight  out  of   11  members  of 
at.  board  of  education  (Mont.  XI  11)  ;  commissioner  of  agri- 
culture, Labor  tod  industry  (Mont.  XVIII  1). 


Index    1  )k  ;  i:s  r  709 


GOVERNOR    (Cont'd) 

Appointments  Subject  to  Confirmation   %CtMil'd) 
By  Senate    (Cont'd) 

Judges  of  highest  court,  chancellor,  judges  of  intermediate  courts 
of  appeal  and  of  inferior  court  of  common  pleas  (X.J.  VII  Sec. 
II  1 )  ;  attorney-general,  prosecutors  of  pleas,  clerk  of  inter- 
"  mediate  court  of  appeals,  clerk  of  chancery  court,  secretary  of 
state,  keeper  of  state  prison  (N.J.  VI]  See.  II  4)  ;  major-gen- 
erals,   adjutant-general   and   quartennasU'r-general    (X.J.    VII 

Sec.  I  5). 

Mine  inspector  (N.M.  XVII  1)  ;  five  of  seven  members  of  board  of 
education  (X.M.  XII  6)  ;  members  of  boards  of  penitentiary  at 
Santa  Fe,  Miners'  Hospital  of  Xew  Mexico,  New  Mexico  Insane 
Asylum,  Xew  Mexico  Reform  School  (X.M.  XIV). 

Superintendent  of  public  works  (X.Y.  V  3)  ;  superintendent  of 
state  prisons  (X.Y.  V  4)  ;  members  of  state  board  of  charities, 
state  prison  commission  and  state  lunacy  commission  (X.Y. 
VIII  12)  ;  major-generals  (X.Y.  XI  4). 

Commission  to  dispose  of  surplus  business  of  supreme  court  ( Ohio 
IV  22)  ;  trustees  of  state  institutions  (question  taken  by  yeas 
and  nays  and  entered  on  journal)    (Ohio  VII  2). 

Bank  commissioner.      (Okla.  XIV  1.) 

Magistrates  (S.C.  V  20)  ;  regents  and  superintendent  of  state  hos- 
pital for  insane  (S.C.  XII  2)  ;  such  staff  officers  (other  than 
adjutant  and  inspector-general)  as  legislature  may  direct  (S.C. 

XIII  4). 

Members  of  state  board  of  charities  and  corrections,  and  state 
board  of  education.      (S.D.  XIV  2,  3.) 

Secretary  of  state  (Tex.  IV  21)  ;  members  of  board  of  prison  com- 
missioners  ( Tex.  XVI  58 ) . 

Members  of  board  of  prison  directors  (Va.  XI  148)  ;  commissioner 
of  state  hospitals  for  insane  (Va.  XI  152)  ;  members  of  boards 
of  directors  for  each  state  hospital  for  insane  (Va.  XI  149). 

Regents,  trustees  or  commissioners  of  educational,  reformatory 
and  penal  institutions  and  those  for  benefit  of  blind,  deaf,  dumb 
or  otherwise  defective  youth,  or  for  insane  and  idiotic,  and  such 
other  institutions  as  public  good  may  require;  question  taken 
by  yeas  and  nays  and  entered  on  journal.      (Wash.  XIII  1.) 

State  examiner  (Wyo.  IV  14)  ;  state  engineer  (Wyo.  VIII  5)  ; 
inspector  of  mines  (Wyo.  IX  1)  ;  state  geologist  (Wyo.  IX  6). 

By  Council 

Judicial  officers  (except  judges  and  registers  of  probate),  judges 
of  police  and  municipal  courts,  coroners  and  notaries  public. 

(Me.  V  Pt.  I  S.  VI  7,  8.) 
Judicial     officers,     solicitor-general,     coroners,     notaries     public. 

(Mass.  Pt.  II  Ch.  II  Sec.  I  9.  Amend.  IV.) 
"Advice  "  of   council  necessary  to  appointments  by  governor  of 
brigadiers,  field  officers,  captains  and  subalterns  of  militia,  if 
electors  fail  to  elect.      (Mass.  Pt.  II  Ch.  II  Sec.  I  10.) 
Judicial  officers,  attorney-general,  coroners  and  all  officers  of  navy 
and  general  and  field  officers  of  militia.      (X.H.  II  45.) 


g        ,    t  '..wriT-noss 


GOVERNOR      ' 

PBBSC3HBBD   BT    Law 
ma3   pr0vide  for  appointment  by  governor  or  election  by 
qualified    electors   of   couaty,   of   a   prosecuting   attorney  for   any 
..,„  provides  for  election  of  an  officer  for  circuit  pre- 
ibed  bj   legislature).     (Ala.  VI  167.) 

,M(.  amotml  of  money  that  may  come  into  hands, 

|  no*   less  than  $50,000;   sureties,  and  approval  "thereof",  and 

.  of  penalties,  as  may  be  prescribed  by  law.      (Xebr.  V  25.) 

S)  receives  or  agrees  to  receive  bribe  to  influence  offi- 

.,,„,,,„  or  action,  or  promises  influence  in  return  for  vote  or 

influence  of  member  of  legislature,  or  menaces  member  by  threaten- 

veto,  or  offers  Of  promises  member  to  appoint  person  to 

r  threatens  to  remove  any  person  from  office,  in  consider- 

.,,-  influence  Of  member,  he  shall  be  punished  as  pre- 

ibed   bj    law.  and   on   conviction  forfeit  right  to  hold  office  of 

trusl  or  honor  in  state.     (  S.D.  HI  81;  S.D.  IV  11;  Wyo.  IV  10.) 

m.  Assistants 
salary  for  clerical  service  to  exceed  $1,800  for  each  clerk.      (Cal. 

V  19.) 
Fifteen  hundred  dollars  allowed  for  private  secretary.      (Colo.  V  30.) 
May  appoint   no!    exceeding  two  secretaries,  and  may  provide  such 
other  clerical  force  as  may  lie  required  in  office,  but  total  cost  of 
secretaries  and  clerical  force  not  to  exceed  $6,000  a  year.      (Ga.  V 

Sec.  I  19.) 
Ma\  appoint   military  secretary  to  hold  office  during  his  pleasure  or 

until  his  term  expires.      (N.Y.  XI  4.) 
May  appoint  Becretarj  of  civil  and  military  affairs  "during  pleasure, 
whose  services  he  may  at  all  times  command";  compensation  to  be 
provided  by  law.     (Vt.  II  21.) 

rSATIOH 

Salary 

i     in  i'/,,//),r  salary  fixed  man  &e  changed  by  law,  See  below, 

this  subdivision .  I  m  i; i:\sk  or  Decrease. 
Fixed  bj  law.  (Ala.  V  L18;  Colo.  IV  19;  Conn.  IV  4;  Del.  ni  7; 
111.  V  83;  lad.  V  ±2:  Kan.  I  15;  Ky.  74;  Me.  V  Pt.  I  6;  Mass. 
I't.  M  Ch.  II  Sec.  I  13;  Minn.  V  5;  Miss.  V  118;  Mo.  V  24; 
N.I  I.  II  .VT:  N..I.  V  5;  X.C.  111  15;  Ohio  III  19;  R.I.  VII  11, 
A.ncd.  \l  1:  S.( !.  IV  13;  Tcnn.  Ill  7;  W.Va.  VII  19.) 
1,500.      (Ore.  XIII  1.) 

-'. i  Utah  VII  20.) 

i  Xcbr.  V  24;  S.D.  XXI  2;  Wyo.  IV  13.) 

Fixed  al  $3,000.     (Ga.  V  Sec.  I  2;  Ida.  IV  19;  N.D.  Ill  84.) 
Fixed  al  $3,500.     (Ark.  Sched.  28;  Fla.  IV  29.) 
I  ixed  al  $4,000.      (Ariz.  V  13,;  Wash.  Ill  14.) 
Fi                1,000  "  and  ao  more".     (Tex.  IV  5.) 
I  ft<  $4,{ i  \ld.  II  •!];  pkla.  Sched.  15.) 


Ixdex  Digest  711 


GOVERNOR    (Cont'd) 

Compensation    {Cont'd) 
Salary    (Cont'd) 

Fixed  at  $5,000.      (Colo.  V  30;  Mich.  VI  21;   Mont.  VII  4;  N.M. 

V  12;  Va.  V  72;  Wis.  V  5.) 
Fixed   at   $7,500,   after   third   Monday   of    May,    1915.      (La.    65 

(1914).) 
Fixed  at  $10,000.      (Cal.  V  19;  X.Y.  IV  4.) 

Increase  or  Decrease 
In   General 

Allowed.      (Ariz.  V  13;  Ida.  IV  19;   Mont.  VII  4;  X.D.  Ill 

S4;  Okla.  Sched.  15;  Utah  VII  20;  Wyo.  IV  13.) 
Allowed  by  law  passed  by  two-thirds  vote  of  both  brandies  of 

legislature.      (Ga.  V  Sec.  I  2.) 
Allowed    after   eight   years    from    adoption    of   constitution. 

(Fla.  IV  29.) 
Allowed   after   10   years   from   date   of   admission   as   state. 

(KM.  V  12.) 
Allowed,  but  total  not  to  exceed  $4,000.      (Ark.  XIX  11.) 
Increase    allowed,   but    total    not    to    exceed    $3,000.      (S.D. 

XXI  2.) 
Increase   allowed,  but  total  not  to  exceed   $6,000.      (Wash. 

Ill  14.) 
Increase  prohibited.      (Mich.  VI  21;  Tex.  IV  5.) 
May  be  diminished;  but  not  increased.      (Cal.  V  19.) 
During  Term 

Increase  during  term  of  office  prohibited.      ( Mont.  VII  4. ) 
Decrease  prohibited  during  term  for  which  elected.      (R.I. 

VII   11.) 
Prohibited  during  continuance  in  office.      (Me.  V  Pt.  I  6.) 
Prohibited  during  official  term.      (Ark.  XIX  11;  Colo.  IV  19; 

111.  V  23;  Miss.  V  118;  Mo.  V  24;  W.Va.  VII  19.) 
Prohibited  during  period  for  which  elected.  (Ala.  V  118; 
Cal.  V  19;  Del.  Ill  7;  Ga.  V  Sec.  I  2;  Ind.  V  22;  Kan.  I 
15;  N.J.  V  5;  X.Y.  X  9;  N.C.  Ill  15;  X.D.  Ill  84;  Ohio 
III  19;  Okla.  VI  34;  S.C.  IV  13;  Tenn.  Ill  7;  Wyo.  IV  13.) 
Prohibited  to  extent  that  it  affects  salary  during  term.     (Ida. 

IV  19,  V  27.) 
Prohibited  to  extent  that  it  affects  salary  during  term,  unless 
vacancy  occurs,  in  which  case  successor  to  receive  only  sal- 
ary provided  by  law  at  time  of  election.      (Utah  VII  20.) 
Compensation  not  to  be  varied  so  as  to  take  effect  until  after 
election  after  passage  of  law  establishing  such  compensa- 
tion.     (Conn.  IV  4.) 

Compensation  Other  Than  Salary 

Not  to  receive  any  pension  or  salary  from  any  other  state,  or 

government  or  power.      ( Mass.  Pt.  II  Ch.  VI  2. ) 
No  other  emolument  than  salary  to  be  received  from  state  or  any 

other  government.      (Va.  V  72.) 


7X2  Stat]    Constitutions 


GOVEKHOB     I 

I 
nipensation  Other  Than  Salary    [Cont'd) 

emolument    than    salary    to   be    received    from    United 
States  or  any  foreign  power.     (Ga.  V  Sec.  I  2.) 

olument  or  allowance  other  than  salary,  prohibited.     (NX. 

III  15.) 
Salary   to  be  in  fall  for  all  traveling  or  other  expenses  incident 

to  duties.      (Wis.  V  5.) 
-      ,.\    to  be  iii  full  payment   for  all  services  rendered.      (X.M. 

V  12.) 
,r\  i..  be  in  full  for  all  services  rendered  in  official  capacity  or 

employment    during   term  of  office.      (Cal.  V   19;    Ida.   IV  19; 

Mont,  VII  4;  Utah  VII  20.) 
Compensation  limited  to  salary.     (Ark.  XIX  11;  111.  V  23;  Ky. 

96;   Mo.  \    24;   Nebr.  V  24:  X.M.  V  12;  X.Y.  X  9;  Okla.  VI 

34;  W.Va.  VII  19.) 
Not  to  receive  additional  compensation  beyond  salary  for  services 

rendered  state  in  connection  with  internal  improvement  fund  or 

other  interests  belonging  to  state.      (Ma.  IV  29.) 
Fees  for  performance  of  duties  not  to  be  received.      (Ida.  IV  19; 

Mont.  \  II    I:   X.M.  V   12;  Utah  VII  20.) 

-  <>r  perquisites  for  performance  of  duties  not  to  be  received. 
(Ark.  MX  11  :  Cal.  V  19;  111.  V  23;  Mich.  VI  21;  Mo.  V  24; 
Nebr.  V  24;  X.Y.  X  9;  Okla.  VI  31;  Ore.  XIII  1  ;  S.D.  XXI  2; 

W.Va.  VII    19.) 

-  or  perquisites  for  performance  of  duty  connected  with  office 
or  for  performance  of  additional  duty  imposed  by  law  not  to  be 

received.      (Xev.  XVII  5.) 
Costs  not  to  be  received.      (Ark.  XIX  11;   111.  V  23;  Mo.  V  24; 

Nebr.  V  24;  Okla.  VI  34;  W.Va.  VII   19.) 
Interest    mi  public  moneys  in  hands  or  under  control,  not  to  be 

received  to  own  use.      (Xebr.  V  24.) 
Payment  into  treasury,  See  below,  this  title,  Fees. 
Expenses 

Salary  to  In-  in  full  for  all  traveling  or  other  expenses  incident  to 

duties.      (Wis.  V  5.) 

islature  may  provide  for  actual  and  necessary  expenses  while 

Ling  in  state  in  performance  of  official  duty.      (Ida.  IV  19; 

Utah  VII  20. ) 

Legislature  may  provide  for  payment  of  actual  or  necessary  ex- 

pensea  incurred  while  in   performance  of  official  duty.      (Ida. 

V  27.) 
are  may  provide  contingenl   fund,  for  which  he  must  ac- 
count.     (Md.  Ill  32.) 

Clerical  assistants,  See  above,  this  title,  Clerical  Assistants. 
Payment 

Montiih  on  own  warrant     (La.  65.) 

I\    19;    Mont.  \  II   4:  Xev.  XVIT  5;  X.M.  V  12; 

Utah  VII  20.) 


Index  J)igest  713 


GOVERNOR    [Cont'd) 
Contingent  Fund 

See  also  above,  this  title,  Compensation  —  Expenses. 
Legislature  may  provide;  governor  to  account  for.      (Md.  Ill  32.) 
Council 

Under  this  subhead  are  digested  those  provisions  which  specifically 
refer  to  this  body  or  its  members.  For  provisions  relating  to  all 
public    officers,    and    hence    to    councillors,    See    the    tith     Public 

Officers. 
Compensation 

Compensation  by  such  grant  as  legislature  shall  think  reasonable. 

(N.1I.  II  57.) 
Composition 

Composed  of  secretary  of  state,  auditor,  treasurer  and  superin- 
tendent  of    public    instruction;    three   to    constitute   quorum. 

(N.C.  Ill  14.) 
Seven  councillors  chosen  biennially  on  first  Wednesday  in  Janu- 
ary by  joint  vote  of  legislature;  not  more  than  one  councillor 
to  be  elected  from  any  senatorial  district;  if  election  not  com- 
pleted may  be  adjourned  from  day  to  day.      (Me.  V  Pt.  II  1, 

2,  IX  4.) 
Eight  councillors  annually  chosen  by  electors  qualified  to  vote 
for  governor;    election  governed  by  same  rule   as  election   of 
governor ;  legislature  after  each  state  census  to  divide  common- 
wealth into  eight  districts  of  contiguous  territory;   each  dis- 
trict being  entitled  to  one  councillor.     Lieutenant-governor  to 
be   member    except   when   chair    of   governor    vacant.      (Mass. 
Amend.  XVI,  Pt.  II  Ch.  II   Sec.  II  2.) 
Five  councillors  elected  biennially  in  month  of  November  by  free- 
holders and  other  inhabitants  in  each  county  qualified  to  vote 
for  senators;  if  tie  in  any  county  legislature  by  joint  ballot  to 
elect  person  from  those  in  tie.     If  election  not  completed  may  be 
adjourned  from  day  to  day.    Legislature  may  divide  state  into 
rive  districts  of  nearly  same  number  of  population,  each  dis- 
trict to  elect  a  councillor  in  the  same  manner  as  in  case  of 
election  by  counties.     (X.H.  II  59,  60,  65,  64.) 
Governor,  and  in  his  absence  lieutenant-governor,  to  be  president, 
but  to  have  no  vote.      (Mass.  Pt.  II  Ch.  II  Sec.  II  2.) 
Impeachment 

Sre  also  Impeachment. 

Councillors  may  be  impeached  for  bribery,  corruption,  malprac- 
tice or  maladministration.     (N.H.  II  62.) 
Meetings  and  Records 

Meetings  at  discretion  of  governor.     (Mass.  Pt.  II  Ch.  II  Sec.  I 

4;  Me.  V  Pt.  II  1;  X.H.  II  61.) 
Records  kept  by  secretary  of  state  and  laid  before  either  branch 

of  legislature  on  request.     (Me.  A"  Pt.  Ill  4.) 
Resolutions  and  advice  to  be  kept  in  register  and  signed  by  mem- 
bers present;  dissenting  member  may  record  his  opinion;  record 
subject  to  call  of  either  house  of  legislature.      (Mass.  Pt.  II 
Ch.  II  Sec.  Ill  5;  N.C.  Ill  14.) 


-j  4.  Stati    Constitutions 


GOVERNOR      ' 

Meetings  and  Records   (Cont'd) 

solutions  and  advice  to  be  kept  in  register  and  signed  by  mem- 

igreeing;    dissenting   member   may   record   his    opinion; 

e  ,  ailed  for  by  eilher  house  of  legislature.     (Me. 

V  Pt.  II  3;  X.H.  II  63.) 

Oath  of  Office 

Form  prescribed;   affirmation  allowed  to  Quakers;   administered 
|.\   president  of  senate  in  presence  of  both  houses.      (Mass.  Pt. 

II  Ch.  VI  1.) 
Form  prescribed;  affirmation  allowed;  administration  in  manner 

prescribed  by  law.     (X.H.  II  S3,  84.) 
Administered    to    councillors    by    presiding    officer    of    senate    in 
presi  ace  of  both  houses  and  if  unable  to  attend  during  session 
of   Legislature  administration   may   be  by  any  justice  of  the 
highest  court  during  recess  of  legislature.     (Me.  IX  1.) 

oath  other  than  oath  of  allegiance  and  of  office  prescribed  in 
constitution  to  be  required.     (Mass.  Amend.  VII.) 
Powers  and  Duties 

ise   governor    in    the   executive   part   of   the   government. 
(Me,   \     Pt.   II    J;   .Mass.  Pt.  II  Ch.  II  Sec.  Ill  1;   X.H.  II  59; 

X.C.  Ill  14.) 

Governor,  and  majority  of  council  to  hold  and  keep  council  for 

ordering  and  directing  the  affairs  of  state,  according  to  law. 

Me.   \     Pt.    11    1;    .Mass.  Pt.  II  Ch.   II  Sec.  I  4,  Sec.  Ill   1; 

X.H.  II  61.) 

ing  as  governor  if  offices  of  governor  and  lieutenant-governor 

are  vacant.      (  Mass.  Pt.  II  Ch.  II  Sec.  Ill  6.) 

Advice   necessary    t<>    adjourning,   proroguing   and   convening   of 

legislature  by  governor.     (.Mass.  Pt.  II  Ch.  II  Sec.  I  5,  6:  X.H. 

II  49.) 
Governor  and  council  to  issue  warrants  for  payments  from  treas- 
ury.    (Me.  VPt.  IV  4.) 
Advice  and  consent  necessary  to  warrants  by  governor  for  pay- 
ments  out   of  treasury      (Mass.  Pt.  II  Ch.  II  Sec.  I  11;  X.H. 

II  55.) 
Advice  and  consenf  sessary  to  "  issue  "'  and  "disposal  "  of  war- 
rants b\   governor,  of.     (N.H.  II  5.) 

r  and   council  to  hear  and  determine  all  causes  of  mar- 

ige,  divorce  and    alimony   and   all   appeals   from  judges   of 

until  legislature  makes  other  provision.    (Mass.  Pt.  II 

Ch.  Ill  5.) 

Advice   I    consent    necessary    to    appointment   by   governor    of 

1  officers,  coroners,  notaries  public  and  other  civil  and 
u\   officers  no1   otherwise  provided  for  by  constitution  or 

law.      (Me.  V  Pt.  I  8.) 
nid   eonsenl    necessary   to   appointment  by  governor   of 
solicitor^general,  coroners  and  notaries  public. 
(Mi  M  Mi.  II  Sec.  I  9,  Amend.  IV.) 


Index  Digest  715 


GOVERNOR    (Cont'd) 
Council  (Cont'd) 

Powers  and  Duties    (Cont'd) 

Approval  of  majority  necessary  to  appointment  of  judicial  officers, 
attorney-general,  coroner,  officers  of  the  navy  and  general  and 
held  officers  of  the  militia.     (X.H.  II  4.3.) 

Governor  and  council  to  have  negative  on  each  other  in  nomina- 
tions and  appointments.  Every  nomination  and  appointment 
to  be  signed  by  governor  and  council,  and  every  negative  to  be 
signed  by      governor  or  council  who  made  the  same".      (N.H. 

II  46.) 

Advice  and  consent  necessary  to  filling  of  vacancy  during  recess 
of  legislature  in  office  of  secretary,  treasurer,  auditor  or 
attorney-general.     (Mass.  Amend.  XVII.) 

Advice  and  consent  necessary  to  filling  vacancies  by  governor  in 
office  of  judges  and  registers  of  probate.     (Me.  VI  7.) 

Advice  and  consent  necessary  to  filling  of  vacancy  in  council 
during  recess  of  legislature.     (Mass.  Amend.  XXV.) 

Advice  and  consent  necessary  to  filling  vacancy  by  governor  in 
office  of   attorney-general   during   recess   of   legislature.      (Me. 

IX  11.) 

Advice  necessary  to  filling  vacancies  by  governor  in  offices  in 
militia,  and  to  appointment  by  governor  of  officers  of  con- 
tinental army.      (Mass.  Pt.  II  Ch".  II  Sec.  I  10.) 

Advice  necessary  to  removal  of  officers  by  governor  on  address  of 
both  branches  of  legislature.      ( Me.  IX  5. ) 

Consent  necessary  to  removal  by  governor  of  judicial  officers  on 
address  of  legislature.      (X.H.  II  72.) 

Advice  and  consent  necessary  to  removal  by  governor  of  notaries 

public.     (Mass.  Amend.  IV.) 

Governor  and  council  to  fix  term  of  office  of  officers  where  not 

otherwise  provided.     (Me.  IX  6.) 

Advice  necessary  to  pardons  by  governor.      (Mass.  Pt.  II  Ch.  II 

Sec.  I  8.) 

Governor  and  council  may  punish  by  imprisonment  persons  guilty 
of  disrespect  by  disorderly  or  contemptuous  behavior  in  their 
presence,  or  person,  who  in  town  where  sitting,  threatens  harm 
to  body  or  estate  of  any  of  members  for  anything  said  or  done 
in  the  council  or  who  assaults  any  of  them  therefor,  or  who 
assaults  or  arrests  any  witness  or  other  person  ordered  to 
attend  the  council  in  his  going  or  returning  or  who  rescues  any 
person  arrested  by  order  of  the  council ;  but  no  imprisonment 
for  any  of  these  offenses  shall  be  for  a  term  exceeding  30 
days.      (Mass.  Pt.  II  Ch.  I  Sec.  Ill   10,  11.) 

May  require  opinion  of  justices  of  superior  court  on  important 
questions  of  law  and  on  solemn  occasions.      (X.H.  II  73.) 

Governor  and  council  may  require  opinion  of  highest  court  on 
important  questions  of  law,  and  on  solemn  occasions-.   "  (Mass. 

Pt.  II  Ch.  Ill  1.) 


716  STAT!     I    0H8TITUTIOKS 


GOVERNOR    «W 

Privileges 

ncfllors   privileged   from  arrest  in   same  manner  as  senators 

i  representatives.     I  Me.  V  Pt.  IT  2.) 
incillors,    in    "civil    arrangements"    of    state,    to   rank   after 
lieutenant-governor.     (Mass.  Pt.  IT  Ch.  II  Sec.  Ill  3.) 
Qualifications  and  Disqualifications 

incillors  to  have  same  qualifications  as  senators.      (N.H.  II 

60.) 
Residence    in    state   for    five   years   preceding  election   necessary 
ligible  to  office  of  councillor.     (Mass.  Amend.  XVI.) 
-  on  of  freehold   or  of  other  estate  not  to  be  required  as 
qualification   for  seat.      (Mass.  Amend.  XIII.) 
ncilior  ineligible  to  legislature.     (X.II.  II  94.) 
uncillor   not   to   be   appointed   to  any  office  during  term  for 
which  elected.     (Me.  V  Pt.  II  4.) 
Member   of   Congress  or  of  legislature  of  this   state,   or  person 
holding  "Hire  under  United  States    (post-officers  excepted)    or 
civil  officer  under  this  state   (justices  of  the  peace  and  notaries 
public  excepted)   cannot  be  councillors.      (Me.  V  Pt.  II  4.) 
No   judge    (except    of  court  of  sessions)    and  no  person  holding 
..Hire  under  authority  of  United  States   (postmasters  excepted) 
shall,    at    the    same   time,    hold    office    of    councillor.      (Mass. 

Amend.  VIII.) 
Judge  of  highest    court   or  judge   of  probate  ineligible  to  coun- 
cil   and    councillor    ineligible    to    either    of    those    offices;    if 
lie    accepts    office,    seat    in    council    vacant.       (Mass.    Pt.    II 

Ch.  VI  2.) 
Judge,    secretary    of   state,   treasurer,   attorney-general,   commis- 
Bary-general    and    military    officers    receiving    pay    from   "the 
continent"   or   this   state    (excepting  officers   of  militia   occa- 
Bionally    railed    forth    on    an   emergency),    registers   of   deeds, 
officers   of  the   customs,   including  naval   officers,   collectors  of 
excise    and    -tat.-    and    continental    taxes    hereafter    appointed 
and    not    having    settled    their    accounts",    and    members    of 
i  ongress  or  person  holding  office  under  United  States,  not  to 
hold  at  -ante  time  seat  in  council;  hut  election  or  appointment 
to   -u.  h    office   and    acceptance  to   operate  as  resignation   from 
council  and  vacancy  to  he  filled.      (X.II.  II  94.) 
Term  of  Office 

from   first  Wednesday  of  January  and  until  successors 

qualify.      (Mass.  Amend.  X.) 
(Me.  V  Pt.  IT  2:  X.H.  II  59.) 
Vacancy  in  Office 

ire  try  concurrent  vote  to  choose  person  from  same  dis- 

vacanqy  during  recess  of  legislature,  governor,  with 

advice  and  consent  of  council,  may  fill.    (Mass.  Amend.  XXV.) 


Index  Digest  7 17 


GOVERNOR    (Cont'd) 
Council  {Cont'd) 

Vacancy  in  Office    (Cont'd) 

In  case  of  death,   resignation,  removal   out   of  state,  refusal  to 

accept  office  or  election  as  governor  or  member  of  legislature 

and    acceptance   of    such   olhee,   to   be    filled   hy   election   to   be 

called  by  governor.     (N.H.  II  61.) 

Filled   in   same  manner   as   original   membership.      (Me.   V   Pt. 

II  2.) 
Dual  Office  Holding,  See  beloto,  this   title,  Qualifications   and  DIS- 
qualifications. 
Election 

Under  this  subhead  are  digested  those  provisions  which  specifically 
refer  to  this  officer;  for  provisions  relating  to  flections  in  general, 

Se<    fin    title,  Elections. 
Electors 

Qualified  electors  of  state.  (Ala.  V  114;  Ark.  VI  3;  Cal.  V  2; 
Colo.  IV  3;  Conn.  IV  I;  Del.  Ill  2;  Fla.  IV  2;  Ida.  IV  2; 
Iowa  IV  2;  Kan.  I  1;  Ky.  70;  Me.  V  Pt.  I  2;  Minn.  V  1; 
Mont.  VII  2;  Xev.  V  2:  X.J.  V  2;  X.C.  Ill  1;  N.D.  Ill  74; 
Ohio  III  1;  Ore.  V  4;  R.I.  VII  1;  S.D.  IV  3:  Tex.  IV  2;  Utah 
VII  2;  Va.  V  70;  Wash.  Ill  1;  Wis.  V  3;  Wyo.  IV  3.) 

Same  as  for  senators.      (N.H.  II  41.) 

Same  as  for  members  of  lower  house.      (La.  62;   Md.  II  2;    Pa. 

IV  2;   S.C.  IV  2.) 

Same  as  for  members  of  legislature.     (Ga.  V  Sec.  I  3;  Mass.  Pt. 

II  Oh.  II  Sec.  I  3;  Tenn.  Ill  2.) 

Male  citizens,  21  years  and  older  (excepting  paupers,  per- 
sons under  guardianship,  and  persons  temporarily  or  per- 
manently disqualified  by  law  because  of  corrupt  practices  at 
elections),  who  have  resided  in  state  one  year,  and  in  town 
or  district  six  months  before  election.      (Mass.  Amend.  3,  40.) 

Change  of  residence  within  state  not  to  disqualify  elector  in 
city  or  town  from  which  he  removed  until  six  months  from 
removal.      (Mass.  Amend.  XXX.) 

Male  citizens  21  years  and  over  (except  paupers,  persons 
under  guardianship,  and  Indians  not  taxed)  having  residence 
in  state  for  three  months  before  election;  soldiers  and  sailors 
not  to  gain  residence  by  being  stationed  in  state  nor  shall 
students  gain  residence  by  attending  at  seminary  of  learning; 
but  residence  not  lost  by  absence  from  state  on  military  serv- 
ice of  United  States  or  of  this  state.     (Me.  II  1.) 

Person  receiving  in  any  county  or  district  the  highest  number 
of  votes,  to  be  deemed  to  have  received  as  many  votes  as 
county  or  district  is  entitled  to  members  in  lower  house.  If 
member  of  lower  house  apportioned  to  two  or  more  counties 
or  districts,  electoral  vote  based  on  such  representative  to  be 
equally    divided    among    such    counties    or    districts.       (Miss. 

V   140.) 


I  lONSTETTTtlONS 


GOVERNOR      I 
■ 
Time  and  Places 

xibed  by  law.     |  W.Va.  VII  2.) 

ic  for  members  of  legislature.     (Ala.  V  114;  Ark.  VI  3; 

Fl„     i\     j;    [da.    IV    2;    Irud.   V   3;    Iowa   IV   2;    Kan.    I    1; 

Mont.  \  II   2;    »ev.  V  2:  X.C.  Ill  1;  N.D.  Ill  74:  N.J.  V  2; 

\     , :    s.D.   IV  ::.   Term;  III  2:  Tex.  IV  2;  Utah  VII  2; 

\a.  \    70;  Wash.  Ill  1;  Wis.  V  3;  Wyo.  IV  3.) 

-  ■•  ,•  as  for  members  of  lower  house.     (Cal.  V  2;  La.  62;  N.Y. 

IV  3.) 
At   general  election.     (Colo.  IV  3;  S.C.  IV  2.) 
At  genera]  biennial  election.     (Mich.  VI  1.) 

Fir-t    Wednesday    in    October.    1880,    and    biennially    thereafter 

until    otherwise   provided    by    law:    to   be   held   at   places   for 

holding  general  elections  in  counties  in  manner  prescribed  for 

election  of  members  of  legislature.      (Ga.  V  Sec.  I  3.) 

nnially  in  November.     (N.H.  II  41.) 

V    general  election;  place  same  as  for  members  of  lower  house. 

(Pa.  IV  2.) 
At    general    election    in    1876   and   every    four   years'   thereafter. 

(Mo.  V  2.) 
Every    four   years,   at  funeral   election.    (Del.   Ill   2.) 

-  ond     Monday    of    September    biennially,    except    for    citizens 
absent  from  the  state  on  military  service   (for  whom  provision 

made   in   greal    detail).      (Me.  II  4.) 
Tuesday  after  first   Monday  in  November.     (Mass.  Amend.  XV.) 
Biennially    on    first    Tuesday    after    first    Monday    of    November. 

(Vt.  II  35.) 
'lit.  ;ter   first    Monday    in    November,   at  places   for   voting 

for  member's  of  legislature.     (Ohio  III  1.) 

Monday  of  November,  1867,  and  every  fourth 

year;   place  same  as  for  members  of  lower  house.     (Md.  II  2.) 

'lit'  i    Monday   of   November,   1872,  and  every   four 

:  hereafter.     <  111.  V  •">.  i 

day    after    first    Monday    in    November.    1S76.    and   biennially 

thereafter.      (Nebr.  VI.) 
Tuesday    aft  I    Monday  of  November,   1886,  and  biennially 

thereafter.      (Conn.    Amend.   XXVII    1.) 
Tuesdaj    after  fir's!    Monday  in   November,  1805,  and  every  four 

years    thereafter.       (Ky.    05.) 

Tui  '    Monday  of  November.  1805.  and  every  fourth 

thereafter  until  changed  by  law;  in  counties  and  districts 

created  for  election  of  members  of  lower  house.   (Miss.  V  140.) 

■■    ward    and    district    meetings    on    Tuesday    after    first 

Mondaj     in     Novembetfj    1012,    and    biennially.     (R.I.    Amend. 

XVI.) 
Returns  and  Canvass 

d     I'' 'lions,     fife*     hrlnw,     this    subdivision,     CONTESTED 

Elections. 


I.VDEX    DlQEST  710 


GOVERNOR    (Cont'd) 

Election   (Cont'd) 

Returns  and  Canvass    (Cont'd) 

Elections    in    Case    of    Tie    Vote,    See    below,    this    subdivision, 

Tie  Vote. 
Canvassing  Board 

Until  otherwise  provided  by  law,  abstract  of  returns  to  be 
sealed  and  transmitted  to  secretary  of  state  who,  with 
lieutenant-governor  and  attorney-general,  constitutes  a 
board  of  canvassers;  to  meet  at  state  capitol  on  second 
Tuesday    of   December   after    election   to   proclaim   result. 

(Kan.  I  2.) 

Result  of  election  determined  by  board  of  state  canvassers, 
composed  of  secretary  of  state,  treasurer  and  commis- 
sioner of  state  land  office.  If  latter  office  abolished 
another    state    officer    designated    by    law    as    member    of 

board.     (Mich.  VI  20.) 

Made  to  secretary  of  state,  and  canvassed  by  board  com- 
posed of  secretary  and  two  or  more  of  judges  of  the 
highest  court  and  two  disinterested  judges  of  the  district 
courts;    result   declared   within  three   days  after  canvass. 

(Minn.  V  2.) 

Sealed  and  transmitted  to  seat  of  government,  directed  to 
secretary  of  state;  on  third  Monday  of  December  after 
election  chief  justice  of  highest  court  and  associate 
justices  or  a  majority  to  meet  at  office  of  secretary  of 
state  and  open  and  canvass  returns  and  declare  result  and 
publish   names.    (ISTev.   V   4.) 

Sealed  and  transmitted  to  secretary  of  state,  who,  with 
governor  and  chief  justice,  constitutes  state  canvassing 
board  to  canvass  and  declare  result  of  election.        (N.M. 

V  2.) 
Lower    House 

Sealed   and   transmitted  to   seat   of  government,   directed   to 

secretary    of   state    and   by    him    delivered    to    speaker   of 

house  at  next  session  of  legislature  within  one  day  after 

his  election.     Speaker  on  next  Tuesday  to  open  and  publish 

in  presence  of  lower  house,  which  shall  count  the  vote  of 

each   county   and   district.     If  tie   in   votes   of   county   or 

district,  electoral  vote  to  be  considered  as  equally  divided. 

Person   found   to  have  received   majority   of   all   electoral 

votes  and  also  a  majority  of  popular  votes,  to  be  elected. 

(Miss.  V  140.) 
Joint  Committee  of  Both   Houses 

Returns  made  by  constable  of  each  town  to  members  of  lower 

house:    at  opening  of  legislature  joint  committee  of  both 

houses    appointed    to    canvass    votes    after    being    sworn. 

Majority  vote  of  people  necessary  to  choice.      (Vt.  II  39.) 

Both    Houses 

Sealed  and  transmitted  to  speaker  who  opens  and  publishes 
in  presence  of  both  houses.      (Ind.  V  4;   Iowa  IV  3;   Ore. 

V  4.) 


Constitutions 


GOVERNOR      ' 
■ 
Returns  and  Canvass    (Cont'd) 

Sealed  and  transmitted  to  speaker  at  commencement  of 
11,  \t  Bession  of  legislature,  who  opens  in  presence  of  both 
houses;  if  person  having  highest  number  of  votes  is  in- 
eligible   governor   to   be   chosen   by   legislature.      (Md.   II 

2,   3,  4.) 

led    and   transmitted  to  president  of   senate,   who  opens 

and    publishes    in    presence   of   members   of   both    houses. 

(Pa.  IV  2.) 
led  and  transmitted  to  president  of  senate,  or  if  vacancy 
in  his  office  or  absence  from  state,  to  secretary  of  state 
who  keeps  them  until  president  of  senate  chosen  to  whom 
they  are  immediately  transmitted  after  election  and  who 
opens  and  publishes  in  presence  of  members  of  both 
In, uses.  Duplicates  of  returns  also  immediately  lodged 
with  elerk  of  court  of  each  county.      (Del.  Ill  3.) 

and   transmitted  to  speaker  who  opens  and  publishes 
in  presence  of  majority  of  members  of  both  houses.     (N.C. 

Ill  3.) 

Sealed    and    transmitted   to   president   of   senate  who   opens 

and  publishes  in  presence  of  majority  of  members  of  both 

houses.      (Tenn.  Ill  2.) 

Sealed    and   transmitted   to   secretary   of    state  who  delivers 

to    speaker    at    first    meeting    of    house,    who    opens    and 

publishes    in    presence    of   majority    of   members    of   both 

houses.     (Wash.  Ill  4.) 
Returns  sealed  separately  and  directed  to  president  of  senate 
and    Bpeaker    of    house    and    transmitted    to    secretary    of 
-tat,',   who,   without  opening,   lays  them  before   senate  on 
day    after   two   houses   organized;    transmitted   by   senate 
i"  house.     Members  of  each  house  to  convene  and  presi- 
dent   of    senate    and    speaker    to    open    and    publish    in 
presence  and  under  direction  of  legislature.  -Majority  vote 
of  people  necessary  to  choice.      (Ga.  V  Sec.  I  4,  5.) 
Sealed  and  transmitted  to  secretary  of  state  in  same  manner 
turns   of  votes   for   senators.      Secretary   of   state  on 
ftrsl     Wednesday    of    January    to    lay    them    before    both 

houses.     (Me.  V  Pt.  I  3.) 

I  Mailed  provisions  for  sealing  and  transmitting  to  secretary 

of  -tate  who  lays  (hem  before  senate  and  lower  house  on 

the    lir-t    Wednesday   of  January.      (Mass.   Pt.   II   Ch.   II 

I    3,    Amend.    It);    \.H.  II   31,  41.) 

iied    provisions   for  transmitting  to  secretary  of  state. 

to  be  counted   by   treasurer,   secretary  of  state  and 

■up!  roller    in    month    of    April    and    laid   before   general 

assembly    on    first  day  of  session.      (Conn.  IV  2.) 


Index  Digest  721 


GOVERNOR    (Cont'd) 
Election   (Cont'd) 

Returns  and  Canvass    (Cont'd) 
Both  Houses    (Cont'd) 

Sealed  and  transmitted  to  secretary  of  state  who  delivers 
unopened  to  next  legislature.  Members  of  legislature 
meet  on  first  Thursday  after  assembling  to  canvass  votes. 

(La.  62.) 
Sealed  and  transmitted  to  speaker,  who,  during  first  week 
of  session,  opens  and  publishes  in  presence  of  both  houses 
of  legislature.  (Ark.  VI  3;  Cal.  V  4.) 
Sealed  and  transmitted  to  speaker  of  house,  who,  during 
first  week  of  session,  opens  and  publishes  in  presence  of 
both  houses  in  joint  convention,  but  speaker's  duty  and 
duty   of  joint  convention  to  be  purely  ministerial.    (Ala. 

V  115.) 
Until  otherwise  provided  by  law  to  be  sealed  and  trans- 
mitted to  secretary  of  state,  who  delivers  to  speaker  as 
soon  as  chosen,  who  during  first  week  of  session  opens 
and  publishes  in  presence  of  both  houses.  (Tex.  IV  3.) 
Sealed  and  transmitted  to  secretary  of  state  who  delivers 
to  speaker  of  house  on  first  day  of  session.  Speaker 
within  week  thereafter  opens  in  presence  of  majority  of 

each  house.  (Va.  V  70.) 
Sealed  and  transmitted  to  president  of  senate,  who,  dur- 
ing first  week  of  session,  opens  and  publishes  in  presence 
of  majority  of  members  of  each  house.  If  no  session  in 
January  after  election,  returns  made  to  secretary  of  state, 
and  opened  and  result  declared  by  governor,  in  manner 
prescribed  by  law.  (Ohio  III  3,  4.) 
Sealed  and  transmitted  to  seat  of  government,  directed  to 
secretary  of  state,  who  delivers  to  speaker  at  next  session 
of  legislature;  duplicates  filed  with  clerks  of  courts  of 
counties,  who  forward  certified  copy  on  notification  that 
returns  previously  forwarded  have  not  been  received. 
Secretary  of  state  delivers  returns  to  speaker  at  next 
session  of  legislature,  and  during  first  week  or  as  soon 
as  legislature  organized  by  election  of  presiding  officers 
speaker  opens   and  publishes  in  presence  of  both  houses. 

(S.C.  IV  4.) 
Sealed  and  transmitted  to  speaker,  who,  immediately  after 
organization  of  house  and  before  proceeding  to  other  busi- 
ness, opens  and  publishes  in  presence  of  majority  of  each 
house.     (111.  V  4;  Mo.  V  3;  Nebr.  V  4;  Okla.  VI  5:  W.Va. 

VII  3.) 
Sealed    and    transmitted    to    speaker,    who,    immediately    on 
organization  of  house  and  before  proceeding  to  other  busi- 
/  ness,    opens    and    publishes    in    presence    of    majority    of 

members  of  both  houses.      (Colo.  IV  3.) 


,    t  JoNSTmraoNs 


GOVERNOR      I 

Returns  and  Canvass   [Cont'd) 
bed  by  Law 
Returns  made  in   manner  prescribed  by  law.      (Ida.   IV    I; 
M,,,,,     yil    2;    N.D.    HI    74:   S.D.  IV  3;   Wis.  V  3;   Wyo. 

IV  3.) 

In  Case  of  Election  to  Fill  Vacancy,  See  below,  this  title,  Suc- 
cession to  Office. 

Failure  to  Elect 

As   to   what    officer   acts   during   vacancy.   See   below,    this   title, 
M3ION     i"    OKPICE  —  ObDBB    OV    SUCCESSION. 

Failure  to  receive  highest  number  of  votes,  See  below,  this  sub- 
division, Tie  Vote. 
Legislature,   on   organization,  to  meet   in   joint   convention   and 
elect,  by  majority  vote,  person  to  fill  the  office,  who  shall  serve 
for  lull  term  and  until  successor  elected  and  qualified.      (R.I. 

Amend-  XI  3,  7.) 
Legislature   to   provide    by   general    law   what   officer    shall    act 
aa   governor   when   failure   to   elect  governor   and   lieutenant- 
governor.      (Vt.  II  24.) 
Failure  to  qualify.  See  below,  this  title,  Succession  to  Office- 
Cases  in  Which  Successor  Acts. 

Contested  Elections 

Procedure  in  case  of  lie  vote,  See  below,  tliis  subdivision,  Tie 

Vote. 

Determined    as   prescribed  by  law.      (Ida.   IV  2;    Mont.  VII  2; 

X.J.  V  2.) 
Legislature  to  prescribe  by  law  manner  in  which  all  questions 

concerning  election   shall  be  determined.      (Conn.  IV  2.) 
.Ml  questions  in  relation  to  eligibility  of  governor,  and  to  returns 
of  election,  and  to  number  and  legality  of  voters  therein  given, 
iu  I.,-  determined  by  lower  house.     (Md.  II  4.) 
•  i  mined  by  both  houses  of  legislature  in  joint  session.     (Tex. 

IV  3.) 
ied   ''■;.    legislature  in  manner  prescribed  by  law.      (Ala. 

V  115;   Ga,   V  Sec'!   I   0;  Ind.  V  6;   Iowa  IV  5;  Ky.  90;   Ore. 

Y  6;   S.C.    IV    I:   Tenn.  Ill  2;  Wash.  Ill  4.) 

Determined  by  boih  houses  of  legislature  by  joint  ballot  in  man- 
prescribed   l •>    law.      (Colo.   IV   3;    III.  V  4;    Mo.  V  25; 
N'ebr.  V   1:  N.<\  ill  3;  Va.  V  70;  W.Va.  VII  3.) 

ined  by  members  of  both  houses  in  joint  session  (except  in 

■  i   Bpecial   election)    at  first  session  of  legislature  after 

ion   in  which  contest  arises.      (Ark.  VI  4.) 

-  concerning^  vote  of  county  or  district  to  be  decided  by 

ritj    of   whole  number  of  members  of  lower  house  by  a 

a  i>">-  vote  recorded  in  journal1.     (Miss.  V  140.) 

■  rrained  by  committee  selected  from  both  houses  of  legislature 

and   formed  and  regulated  in  manner  prescribed  by  law;  chief 

justice  of   highest  court  to  preside,   and  to  decide  on  admis- 


Index  Digest  723 


GOVERNOR    (Cont'd) 

Election    (Cont'd) 

Contested  Elections    (Cont'd) 

sibility  of  evidence,  and.  mi  request  of  committee]  to  pronounce 
opinions  on  questions  of  law.      (Pa.  IV  2,  17.) 

Determined  by  joint  committee  consisting  of  one-third  of  all 
members  elected  to  each  house  to  be  selected  by  ballot  of  the 
houses  respectively.  Every  member  of  committee  to  take  oath 
or  affirmation  and  committee  to  hold  public  sessions.  Chief 
justice,  or  if  he  is  absent  or  disabled,  chancellor  shall  preside 
at  trial  of  contested  election,  and  decide  questions  regarding 
admissibility  of  evidence,  and  on  request  of  committee  pro- 
nounce opinion  on  questions  of  law.  (Del.  Ill  4.) 
Tie  Vote 

Determined  by  lot  as  legislature  may  direct.      (Kv.  70.) 

Lower  house  to  elect  two  out  of  four  persons  who  had  highest 
number  of  votes;  senate  to  elect  one  of  such  persons.  (Mass. 
Pt.  II  Ch.  II  Sec.  I  3,  Amend.  14.) 

Lower  house  to  elect  two  out  of  four  persons  who  had  highest 
number  of  votes';  senate  to  elect  one  of  such  persons.  If  elec- 
tions not  completed  may  be  adjourned  from  day  to  day.     ( Me. 

V  Pt.  I  3,  IX  4,  Amend.  23,  24.) 

If  no  person  has  majority  of  votes,  legislature  by  joint  vote  to 
elect  one  of  three  candidates  having  highest  number  of  votes. 

(Vt.  II  39.) 

Legislature  by  joint  vote  at  next  annual  session,  forthwith  to 
elect  one  of  persons  in  tie.      ( X.  Y.  IV  3 ;  Wis.  V  3. ) 

Legislature  at  next  regular  session  to  elect  forthwith  by  joint 
vote  one  of  persons  in  tie.  (Ariz.  V  1:;  Ida.  IV  2;  Mont.  VII 
2;  X.D.  Ill  74;  Ore.  V  5;  S.D.  IV  3;  Utah  VII  2;  Wyo.  IV  3.) 

Legislature  by  joint  vote  to  elect  one  of  persons  in  tie.  (Cal.  V 
4;  Colo.  IV  3;  111.  V  4;  Kan.  I  2;  Mo.  V  3:  Xehr.  V  4; 
Xev.  V  4;  X.M.  V  2;  X.C.  Ill  3;  Ohio  III  3:  Pa.  IV  2;  Tenn. 
Ill  2;   Va.   V  70;    Wash.   Ill   4;    W.Va.   VII   3.) 

Legislature  by  joint  vote  to  elect  one  of  persons  in  tie:  majority 
vote  necessary  to  choice.     (X..J.  V  2;   R.I.  Amend.  XI  3.  7.) 

Legislature  by  joint  vote  to  elect  one  of  persons  in  tie:  majority 
of  members  elected  necessary  to  choice.      (Ark.  VI  3.) 

Legislature  by  joint  ballot  to  choose  one  of  persons  in  tie  and 
if  two   or  more  are   still   in  tie  president    of   senate  to   have 

casting  vote.      (Del.  Ill  3.) 

Legislature  by  joint  majority  of  senate  and  lower  house,  to  ch",  !-,• 
one  of  persons  in  tie  by  viva  voce  vote;  if  tie  then  results 
second  vote  to  be  taken  con  fined  to  the  persons  having  equal 
and  highest  number,  and  if  vote  is  again  equal  election  deter- 
mined by  lot  among  those  who  have  highest  and  equal  number 
on  the  first  vote.      (Md.  II  4.) 

Legislature  by  joint  vote  without  delay  to  elect  one  of  persona 
in  tie.      (Ala.  V  115;  Ind.  V  5;  Iowa  IV  4;  La.  62;  Okla.  VI 

5;  Tex.  IV  3.) 


State  <  foNsrrrtJTioNS 


GOVERNOR      '       i''l 
I'd) 
Tie  Vote    [Cont'd) 

Blature  on  Becdnd  day  of  session  by  joint  vote  to  elect  with- 
out debate  one  of  persons  in  tie.     (Conn.  Amend.  XXX.) 
ielature  by  joinl  vote,  on  first  Wednesday  of  January,  to  elect 
persons  in  tie;   if  election  not  completed  may  be  ad- 

I   from  day  to  day.      (N.H.  II  41,  65.) 

gislature,  dnririg  same  session,  to  elect  by  viva  voce  vote  one 

of  persons  in  tie.      (S.C.  IV  4.) 
If  no  person  lias  majority,  legislature  immediately  to  elect  one 
of   two    persons   having   highest    vote:    election   by   viva   voce 
vote,   and  majority  of   members  present  necessary   to   choice. 

(Ga.  V  Sec.  I  5.) 
If  no  person  receives  majority  of  electoral  votes   and  also  ma- 
jority  of  popular  vote,  lower  house  elects  one  of  two  persons 
having   highest   number  of  popular   votes.     Election  by  viva 
•    vote  recorded  in  journal.      (Miss.  V  141.) 
To  Fill  Vacancy,  See  below,  this  title,  Succession  to  Office. 
Executive  Mansion,  >'-■■   belbio,  this  title,  Residence. 

ih is  title.  Compensation. 

1"! 

to  whether  fees  may  be  received,  See  above,  this  title,  Compensa- 
tion '■ —  Compensation  Other  Than  Salary. 
Fee  and  profits  to  be  covered  into  treasury.     (X.D.  Ill  84;  Wyo.  IV 

13.) 

-  payable  by  law  to  be  paid  in  advance  into  treasury.     (Ark.  XIX 
11;  Colo.  IV  19:  111.  V  23:   Mo.  V  24;  Xelir.  V  24;  W.Va.  VII  19.) 

-  payable  by  law  to  be  collected1   in  advance  and  deposited  with 
treasurer  quarterly  to  credit  of  state.     (Ida.  IV  19;  Mont.  VII  4; 

Utah  VII  20.) 

!     P  U3SES,    ETC. 

During  term  of  office  not  to  accept,  hold  or  use  free  pass  nor  pur- 
chase, receive  or  accept  transportation  over  railroad  within  state 
for  himself  or  family  on  terms  not  open  to  general  public,  and  on 
conviction  to  forfeil  office,  be  guilty  of  felony  and  punished  by  fine 
not  more  than  $1,000  or  by  imprisonment  in  penitentiary  not 
less  than  one  nor  more  than  five  years.     (X.M.  XX  14.) 

IlfPEAl  HMKM 

/•  this  subhead  are  di nested  those  provisions  which  specifically 
'■''■'  or. 

si<,,is  as  to  impeachment  generally,  See  the  title,  Impeach- 
ment. 
Grounds  for 

'•ahle   to   impeachmenl    (grounds  not  stated).      (Conn.  IX   3; 
R.I.   M  3;  S.C.  W  3;  Tex.  XV  2.) 

may  provide  by  law  for  impeachment.     (Md.  II  7.) 
Misdemeanor  in  office.     (Cal.  IV  IS;  Fla.  Ill  29;  111.  V  15;  Kan. 

II   28;    Ky.  68;   W.I.  V  11;  Ohio  II  24;  Pa.  VI  3.) 
Misdemeai nalfeasance  in  office.  (Iowa  III  20;  Nev.  VII  2.) 


Index  Digest  ~-'< 


GOVERNOR    (Cont'd) 

Impeachment   (Cont'd) 
Grounds  for  (Cont'd) 

High  crimes,  misdemeanors  or  malfeasance  in  office.     (Ariz.  VIII 

l'i.  II  2:  Utah  VI  19.) 
High  crimes  and  misdemeanors,  or  malfeasance  in  office.     (Mont. 

V  17:    Wyo.  Ill  18.) 
High  crimes  or  misdemeanors,  or  malfeasance  in  office.      (Colo. 

XIII   2;   Wash.  V  2.) 
High   crimes   and  misdemeanors   and   gross   misconduct    in   office 

I  Ark.  XV  1.) 
High   crimes    or   misdemeanors,    and    for   misconduct,   habits   of 

drunkenness  or  oppression  in  office.      (Mo.  VI I  1.) 
High  crimes  and  misdemeanors,  for  non-feasance  or  malfeasance 
in  office,   for  incompetency,  for  corruption,   favoritism,   extor- 
tion or  oppression  in  office,  or  for  gross  misconduct,  or  habitual 

drunkenness.      (La.  217.) 
Malfeasance  in  office,  corruption,' neglect  of  duty  or  other  high 

crime  or  misdemeanor.      (Va.  IV  .54.) 
Treason,  bribery  or  high  crime  or  misdemeanor  in  office.      (Del. 

VI  2;   Miss.   IV  50.) 
Corrupt  conduct  in  office  or  for  crimes  and  misdemeanors.    ( Minn. 

XIII  1.) 

Drunkenness,    crimes,    corrupt   conduct   or   malfeasance   or   mis- 
demeanor in  office.      (S.D.  XVI  3.) 

Habitual  drunkenness,  crimes,  corrupt  conduct,  or  malfeasance, 
or  misdemeanor  in  office.      (X.D.  XIV  106.) 

Wilful  neglect  of  duty,  corruption  in  office,  habitual  drunken- 
ness, incompetency  or  offense  involving  moral  turpitude  while 

in  office.     (Okla.  VIII  1.) 

Wilful  neglect  of  duty,  corruption  in  office,  incompetency,  in- 
temperance in  use  of  liquors  or  narcotics  or  offense  involving 
moral  turpitude  in  office.      (Ala.  VII  173.) 

Crime   in   official   capacity   which   may   require   disqualification. 

iTenn.  V  4.) 
Procedure 

Two-thirds  vote  of  members  elei  ted  to  lower  house  necessary  to 
preferment  of  charges.      (R.I.  XI  1.) 

If  during  recess  of  legislature  majority  of  members  elected  to 
lower  house  certify  in  writing  to  secretary  of  state  desire  to 
meet  to  consider  impeachment  <>f  governor,  lieutenant-governor 
or  acting  governor,  secretary  of  state  shall  notify  speaker  of 
house  who  within  10  days  summons  members  by  publication 
in  newspaper  to  assemble  at  capitol  on  day  fixed  by  the  speaker, 
not  less  than  lo  days  after  receipt  of  notice.  If  lower 
house  prefers  articles,  speaker  to  forthwith  notify  lieutenant- 
governor  unless  he  is  impeached,  in  sueh  ease  he  shall  notify 
secretary  of  state  who  summons  members  of  senate  to  assemble 
at  capitol  on  day  named  not  less  than  10  days  after  receipt  of 
notice  from  speaker.  Senate  to  hear  and  try  articles  as  pre- 
ferred by  house.      (Ala.  VII   173.) 


S      lTE    i    o\-THTTLo\- 


GOVERNOR      ' 

t'd) 
Procedure    {Cont'd) 

trial  of  governor,  lieutenaot'gbveraior  not  to  act  as  member 
court.      (Ky.    84;    Minn.   XIII   4;    X.Y.  VI   13;    X.D.   XIV 

199;  S.D.  XVI  6;  Wis.  VII  1.) 
siding  officer  on  trial,  See  Impeachment  —  Trial. 

Suspension  Pending  Proceedings 

In  case  of  •'  impeachment  "  officer  next  in  succession  to  act  pend- 
ing proceedings.     (Ala.  V  127;  Conn.  Amend.  XXXIV;  Fla.  Ill 
[owa   [V  17;  X.J.  V  13;  X.D.  Ill  72;  Ohio  III  15;  S.C. 

IV  9;   S.D.  IV  6;   Tex.  IV  16.) 
Not  to  exercise  duties  after  impeachment  and  before  acquittal. 

Minn.  XIII   3;   X.M.  IV  36;  R.I.  XI  1;  Utah  VI  20.) 
In  case  of  impeachment  and  notice  thereof  officer  next  in  succes- 
sion to  act  for  remainder  of  term  or  till  disability   removed. 

(Xebr.  V  16.) 

In  case  of  impeachment  officer  next  in  succession  to  act  for  re- 

linder  of  term  or  until  governor  "  absent  or  impeached,  shall 

have  returned  or  disability  shall  cease'".      (Wis.  V  7.) 

Legislature  may   provide  for  suspension  pending  '"impeachment 

or  ation  for  misconduct  in  office**.      (Colo.  XII  1;  Wyo. 

VI  Elections  4.) 
In    case   of   "disability"    (impeachment  not  mentioned)    officer 

next   iii  succession  to  act   as  governor.      (C4a.  V  Sec.  I  8.) 
In  case  of  "  impeachment  ",  officer  next  in  succession  to  act  as 
governor.      (Ariz.   V   6;    I'al.   V    Hi:    Ida.   IV   12;    Kan.   I   11; 
Mid,.  VI    16;   .Mont.  VII  14;  Xev.  V  IS;  X.Y.  IV  6;  X.C.  Ill 

12;  Okla.  VI  16.) 

In    case   of    removal    from   office    (impeachment   not   mentioned) 

officer  next  in  succession  to  act   as  governor.      (Me.  V  Pt.  I  14; 

Tenn.  Ill  12.) 
In  case  "i   removal   from  office  (impeachment  not  mentioned)   or 
disability,  officer  next  in  succession  to  act  as  governor.     (Del. 
I"  20;   l.id.  Y   L0;   \t.   II  24;  Va.  V  78;  Wash.  Ill  10.) 
'"  case  <•;  vacancy   in  office  (impeachment  not  meivtioned),  officer 
in   succession  to  ad    as  governor.      (Mass.  Pt.  II  Ch.  II 
tiss.  V  131;   X.N.  TI  48.) 
"conviction  on   impeachment"  officer  next  in  succes- 
-'""  to  acl   a-  governor.     (Ark.  VI  12;  111.  V  17;  Ky.  84;  La. 
Ii    7:    Mo.  V  16;   Pa.   IV  13;  W.Va.  VII  10.  i 

cer  is  next   in   succession,  See  below,  this  title, 

Succession  to  Office. 

■ 

give  legislature  information  and  make  recom- 

(Ala.V  123,  Ark,  VJ  8.;  Colo.  IV  8;  Conn.  IV  8;  Del. 

5;    Ma.   IV  8;    hid.  V  13;   Ky.  79;  La.  74;  Me.  V  Pt.  I  9;  Md. 

'    12-':    Mo.   \    !,:    _M,mt.  yj ,    1().    xc    m  g     Qre    y 

11 '•    Pa-    IV  11;   S.C.  IV    I.".;    Tenn.    Ill    H.) 


Index  Digest  727 


GOVERNOR    (Cont'd) 
Messages    (Cont'd) 

From  time  to  time  such  matters  as  he  may  elect  or  legislature  re,- 

quire.     (Okla.  VI  9.) 

At  every  session,  of  condition  of  state,  and  make  recommendations. 

(Ariz.  V  4;   Cal.  V  10;  Minn.  V  4;  ELY.  IV  4;   Ohio  III  7;  Va. 

V  73;  Wash.  Ill  6;  Wis.  V  4.) 

Immediately  on  organization  of  each  session  to  joint  session  of  both 

houses  on  condition  of  state  and  make  recommendations.      (Okla. 

VI  9.) 
At   every   regular   session,   of   condition   of    state,    and   make    recom- 
mendations.     (Fla.  IV  9;   Iowa  IV  12;   Nev.  V  10;  Utah  VII  5.) 
At  beginning  of  each  session  information  of  condition  of  the  state  and 
recommend  measures.     (Colo.  IV  8;  Ida.  IV  8;  111.  V  7;  Kan.  I  5; 
Mo.  V   10;   Mont,  VII   10;   Xebr.  V  7;   X.D.  Ill    75;   S.D.   IV  4; 

Tex.  IV  9;  W.Va.  VII  (i;  Wyo.  IV  4.) 
At    beginning    of    each    regular    session    information    in    writing    of 

condition  of  the  state.      (Ala.  V  123.) 

At  end  of  term  of  office  information  of  condition  of  the  state  and 

recommend  measures.     (Ark.  VI  8;  111.  V  7;  Mich.  VI  5;  Mo.  V  10; 

Nebr.  V  7;  Tex.  IV  9.) 
At  end  of  term  of  office  information  in  writing  of  condition  of  the 

state.      (Ala.  V  123.) 
Communicate  condition  of  state  and  make  recommendations.     (Mich. 

VI  5.) 
Prepare  such  business  as  may  appear  necessary,  to  lay  before  legis- 

ture.      (Vt.  II  20.) 
Whenever  required  by  legislature,  information  of  condition  of  state. 

(Xebr.  V  7.) 
Statement  of  accounts,  See  above,  tliis  title,  Accounts. 
Oath  of  Office 

Must  take  oath  or  affirmation  to  support  constitution  of  United  States 
and  of  state  and  faithfully  to  execute  his  office.      (Ga.  V  Sec.  I  10; 

Minn.  V  S.) 

Must  take  oath  of  affirmation  to  support  constitution   and  laws  of 

United    States    and    state    and    perform    duties    of    office.       (X.C. 

Ill   4.) 
Must  take  oath  or  affirmation  to  bear  allegiance  to  state  and  sup- 
port its  constitution  and  perform  duties  of  office;  oath  of  allegiance 
need  be  taken  only  once.      (X.H.  II  83.) 
Must  take  additional  oath   or   affirmation   that  he  will   not  receive 

profits  of  other  office  during  term.      (Md.  I  G.) 
No  other  than  oath  of  allegiance  and  of  office  prescribed  in  constitu- 
tion, to  be  required  as  qualification  for  office.     (Mass.  Amend.  VII.) 
Administered  in  presence  of  members  of  both  houses  of  legislature, 

or  before  justice  of  highest  court.      (X.C.  Ill  4.) 
Administered   by   secretary   of   state  or   in  his   absence   by   attorney- 
general.      (R.I.  IX  5.) 
Administered   by   president   of    senate   in   presence   of   both   houses. 

(Mass.  Pt.  II  Ch.  Vll;  X.H.  II  84.) 
Administered  by  presiding  officer  of  senate  in  presence  of  both  houses, 


State  Constitutions 


■  - 


GOVERNOR    [i 

Cont'd)  '    ,.  . 

and  ,f  unable  to  attend  during  sea&ion  of  legislature  administration 
mav  be  i-v  any  justice  of  the  highest  court  during  recess  of  legis- 
lature.    (Me.  IX  1.) 

rum  lot  Public  IltfcoBDs 
OfB  kept  at  seat  of  government.     (Ariz.  \   1;  Ark.  \I  1;  Kan. 

h,!,.   VI  1;   Nev.  XV  12;  Okla.  VI  1.) 
Office  to  be  kept   at  seat  of  government,  but  in  case  of  invasion  or 
riolenl    epidemics,  he  may  direct  offices  of  government  to  he  re- 
moved temporarily  to  other  place.     (Fla.  XVI  10.) 
Public  :  to  be  kept  at  seat  of  government.      (Ariz.  V  1;  Colo. 

IV    i;    [da   IV   1;    ill.   V   lj    1ml.   VI   5;   Mo.  V  1;   Mont.  VII  1; 
,    V   1-   N :  M.  V  1;  Okla.  VI  1;  Ore.  VI  5;  Utah  VII  1;  Wash. 

Ill  24;  W.Va.  VII  1.) 
i  of  office  to  be  kept  at  seat  of  government.     (X.M.  V  1.) 
ping  of  records,  See  Public  Records. 
j', .-.•.  E&6   \n!>  I  n  i  res 
In  General 

\.  prescribed  by  law.     (Ariz.  V  1;  111.  V  1;  Mich.  VI  1;  Mo. 

V  lj  Nebr.  V  1;  W.Va.  VII  1.) 
\.  prescribed  in  constitution  and  by  law.     (Ida.  IV  1;  Mont.  VII 

1;  Okla.  VI  1;  Utah  VII  1.) 
(  onservator  of  the  peace.      (Ga.  V  Sec.  I  12;  Mo.  V  6;   Okla. 

VI  8.) 
Conducl   in  person  or  in  such  manner  as  prescribed  by  law,  all 
interc  >urse  with  other  and  foreign  states.     (Va.  V  73.) 
irrespond  with  other  states.      (Vt.  II  20.) 
Conduct  in  person,  or  as  prescribed  by  law,  intercourse  and  busi- 
ness with  other  states  and  United  States.      (Okla.  VI  8;  Tex. 

IV  10.) 
'Iran-act     all    necessary    business    with    officers    of    government. 

(Mich.  VI  3.) 

'Iran-art  necessary  business  with  officers.    (Ind.  V  15;  Ore.  V  13.) 

Transact    all  necessary  business  with  civil  and  military  officers. 

(N.Y.  IV  4;  N.D.  Ill  75;  S.D.  IV*4;  Wis.  V  4;  Wyo.  IV  4.) 

Transaci    all   executive  business  with  civil  and  military  officers. 

<An/..  Y    tj  Cal.  V  6;   Fla.   IV  5;  Iowa  IV  8;  Xev.  V  6;  Utah 

VII  5.) 
Trail-;,  t  business  with  civil  and  military  officers.  (Vt.  II  20.) 
Superintend  office  in  person.     (Mich.  VI  1.) 

■  uses,  may  grant  such  as  shall  be  directed  by  law.     (Vt.  II 

20.) 
Warrants  for  issue  of  money  out  of  treasury,  to  sign  with  advice 

and  consent  of  council.     (.Mass.  Pt.  II  Ch.  II  Sec.  I  11.) 
Draw  "ii  treasurer  for  such  sums  as  legislature  may  appropriate. 

(Vt.  II  20.) 
y  negotiate  temporary  never  to  exceed  $300,000.     (Ala. 

XI  213.) 
ipprove  depositary  banks  and  their  security.     (Mo. 

'   X  15.) 


Index  Digest  729 


GOVERNOR    (Cont'd) 

Powers  and  Duties    (Cont'd) 
Appointments  by 

Sec  above,  this  title,  .Appointments  Without  Confirmation. 
See  above,  this  title,  Appointments  Subject  to  Confirmation. 
Constitutional  Amendments,  Proclamation  of  Adoption,  See  Amend- 
ment or  Revision  of  Constitution. 
Estimates,  See  State  Finances. 
Execution  of  Laws,  See  Executive  Power. 
Grants,  Signing  of,  See  Grants. 

Initiative  and  Referendum,  See  Initiative  and  Referendum. 
Legislature 

Writs  of  election  to  fill  vacancies  in,  See  Legislature  —  Va- 
cancies. 
Convening  of,  See  Legislature  —  Sessions. 
Adjournment  of,  See  Legislature  —  Adjournment. 
Approval  of  bills,  See  Legislative  Procedure. 
Veto  power 

See  Legislative  Procedure. 
See  Appropriations. 
Membership  on  Boards 

Depository  board,  member  of.     (Mont.  XII  14.) 
Education,  member  of  state  board  of.     (Ariz.  XI  3;  Fla.  XII  3; 
Mo.  XI  4;  Mont.  XI  11;  N.M.  XII  6;  S.C.  XI  2;  Tex.  VII  8; 

Va.  IX  130.) 
Same;   until  otherwise  provided  by  law.      (Okla.  XIII  5.) 
Education,  president  of  state  board  of.      (X.C.  IX  9.) 
Education,    member   of    "board   of   the    school   fund'*.       (W.Va. 

XII  4.) 
Education,  member  of  board  for  sale,  leasing  and  management 

of  lands  and  funds  for.      (Nebr.  VIII  1.) 
Education,  member  of  board  of  commissioners  for  sale  of  school 

lands.      (Ore.  VIII  5.) 
Education,   member    of   board    of   university    and    school    lands. 

(X.D.  IX  156.) 
Education,  member  of  state  board  of  land  commissioners.     (Mont. 

XI  4;  Wyo.  VII  13.) 
State  university,  president  of  board  of  trustees.  (Ala.  XIV  264.) 
Alabama  Polytechnic  Institute,  president  of  board  of  trustees  of. 

(Ala.  XIV  266.) 

Education,    ex-officio    superintendent   of    public    instruction   with 

powers  and  duties  to  be  prescribed  by  law,  but  legislature  may 

prescribe  by  law  for  election  of  superintendent.     (Ore.  VIII  1.) 

Examiners,  member  of  board  of,  to  examine  claims  against  state. 

(Ida.  IV  18;  Mont.  VII  20;  Xev.  V  21;  Utah  VII  13.) 
Insane  asvlum,  member  of  board  of  commissioners  of.     (Utah  VII 

14.) 
Land   commissioners,  member  of  board  of.      (Ida.   IX   7;   Wyo. 

XVIII   3.) 
Land  office,  to  be  one  of  commissioners  of.      (Okla.  VI  32.) 


I  -.iNSTlTl   I' IONS 


GOVERNOR      ' 

I'd) 

mbership  on  Boards    [Cont'd) 

ni,mi„r  of  board  of  state  prison  commissioners.      (Ida. 
8j  x  5.  Mont,  VII  20;  N''v.  V  21;   Ctah  VII  13.) 

Pu  r  of  b..ard  of.     (Md.  XII  1.) 

,,,1,   member  of  board  of  commissioners  of.      (Utah 

VII  15.) 

:„.„  boards,  member  of  board  to  appoint.      (Ala.  VIII 

186.) 

itoriaJ  districts,  with  secretary  of  state  and  attorney-general, 
to  apportion  if  legislature  fails  to  do  so.     (Mo.  IV  7.) 

mvass  votes  for  with  five  of  the  governor's  council. 

(Mass.  Pt.  II  Ch.  I  Sec.  II  3.) 
ag  board}  member  of.     (N.M.  V  2.) 

member  of  board  of  commissioners  of.      (Fla. 

IV  17.) 

cation,  member  of  board  to  elect  members  of  state  board  of 

appraisers.      (La.  226.) 
Equalization,  member  of  state  board  of.     (Colo.  X  15;  Ida.  VII 
12;   Mo.  X  18;  Mont.  XII  15;  Okla.  X  21;  Utah  XIII  11.) 

Militia,  See  Militia. 

Opinions  from  Highest  Court,  See  Courts  —  Highest  Court  — Ad- 
visory Opinions. 

Public  Contracts,  Approval  of,  See  Public  Contracts. 
Public  Lands,  See  Public  Lands. 
Public  Officers 

Investigation  of,  See  Public  Officers. 
Reports  from.  See  Public  Officers. 

ling  of  commissions  to,  See  Public  Officers  —  Commissions 

to. 
Removal  of,  See  Public  Officers;    for  removal  of  a  particular 

officer  or  class  of  officers,  See  the  specific  title. 
Recall  of.  See  Pec  all  of  Public  Officers. 
Judicial    officers,  See  Courts. 

In   regard   to  accounts,  etc.,  of  state  treasurer,  S'ee  Treasurer. 
In  regard  to  accounts,  etc.,  of  state  comptroller,  See  Comptroller. 
Miii'  moNS  ami  Disqualifications 
Age 

twenty-five  years  to  be  eligible  to  office.     (Ariz.  V  2.) 

nty-tive  years,  shall  have  attained- age  of.  (Minn.  V  3.) 
Twenty-five  year-  ai  time  of  election.  (Cal.  V  3;  Nev.  V  3.) 
Thirty  years.     (Del.  Ill  6;  Ky.  72;  Miss.  V  117;  X.J.  V  4;  Tenn. 

Ill  3;  Tex.  IV  4.) 
I  Inn  \  ,  be  eligible  to  office.      (Ark.  VI  5;  Colo.  IV  4; 

Conn.  IV  1;  Ga.  V  Sec.  I  7;  111.  V  5;  Tnd.  V  7;  La.  63;  Md. 
II  ...  Mich.  VI  L3;  Nebr.  V  2;  X.H.  II  41;  X.M.  V  3;  N.Y. 
IV  2;  NT.C.  Ill  2;  X.I).  Ill  73;  Okla.  VI  3;  Ore.  V  2;  Pa.  IV 
5;  S.D.  CV2;  Va.  V  71;  Wyo.  IV  2.) 


Index  Digf.st  731 


GOVERNOR    (Cont'd) 

Qualifications  and  Disqualifications   (Cont'd) 
Age    {Cont'd) 

Thirty  years  at  time  of  election.     (Ala.  V  117;  Ida.  IV  3;  Iowa 

IV  6;  Mont.  VII  3;  S.C.  IV  3;  Utah  VII  3.) 
Thirty  years  at  beginning  of  term.     (Me.  V  Pt.  I  4;  W.Va.  IV  4.) 
Thirty-live  years.     (Mo.  V  5.) 

Citizenship 

In   United  States 

Must  be  citizen.     (Ark.  VI  5;  Colo.  IV  4;  Ida.  IV  3;  Minn. 

V  3;   Mont,  VII   3;   X.M.  V  3;   N.Y.  IV  2;   N.D.  Ill  73; 

Okla.  VI  3;  Ore.  V  2;  Pa.  IV  5;  S.D.  IV  2;  Tenn.  Ill  3; 

Tex.  IV  4;  Wis.  V  2;  Wyo.  IV  2.) 

Must  be  natural-born  citizen.      (Me.  V  Pt.  I  4.) 

For  two  years  preceding  election.     (Iowa  JV  6;  Nebr.  V  2.) 

For  five  years  preceding  election.      (Cal.  V  3;  111.  V  5;  S.C. 

IV  3.) 
For  five  years   (preceding  election?).      (Ind.  V  7;   Mich.  VI 

13;  N.C.  Ill  2.) 
For  10  years  preceding  election.      i  Ariz.  V  2.) 
For  10  years  preceding  election,  unless  natural-born  citizen. 

(Va.  V  71.) 
For  10  years    (preceding  election?).      (Ala.  V  117;   Fla.  IV 

3;  La.  63;  Mo.  V  5.) 
For  12  years  preceding  election.      (Del.  Ill  6.) 
For  15  years.      (Ga.  V  Sec.  I  7.) 
For  20  years.      (Miss.  V  117.) 
For  20  years   (preceding  election?).      (X..1.  V  4.) 

In  State 

For  two  years  preceding  election.     (Nebr.  V  2;  Nev.  V  3.) 
For  five  years  preceding  election.      (Ariz.  V  2;   Fla.  IV  3; 

111.  V  5;  S.C.  IV  3;  Utah  VII  3.) 
For  five  years  preceding  election,  unless   citizen  when  con- 
stitution goes  into  effect.      (W.Va.  IV  4.) 
For  six  years.     (Ga.  V  Sec.  I  7.) 
For  six  years  preceding  election.     (Ky.  72.) 
For    seven   years    preceding    election.       (Ala.    V    117;    Tenn. 

Ill  3.) 
For  10  years.      (Md.  II  5.) 

Crime  as  Disqualification 

Conviction  of  asking  or  receiving  bribe  to  influence  official  opinion 
or  action,  or  of  improper  use  of  power  to  influence  action  of 
member  of  legislature,  renders  him  ineligible  to  hold  office  of 
trust  or  honor  in  the  state.      (N.D.  Ill  81;  S.D.  IV  11:  Wyo. 

IV  10.) 

Dual  Office  Holding 

In  General 

Ineligible  to  any  other  office  during  term  for  which  elected. 
(111.  V  5;  Ind.  V  24;  N.D.  Ill  73;  S.D.  IV  2;  Wyo.  IV  2.) 


State  0onstitutions 


GOVERNOR      ' 

jS     vm,    DlSQUALIFI"  ATIONS     (Confd) 

Dual  Office  Holding   i  Cont 
l„   i  ■  ;    (Oont'd) 

\'oi  i..  bold  other  bffiee  .luring  term  of  service.     (Va.  V  69; 

W.Va.  VII  4.) 
Not  to  hold  other  Office,  civil,  military  or  corporate,  during 

time  of  holding  office  of  governor.      (Tex.  IV  6.) 
Ineligible  to  any   other  public  office  during  term  of  office, 
except  member  of  state  board  of  education.     (Mont.  VII  4.) 
Ineligible  to  office  or  appointment  from  legislature  or  either 
house  during  term  for  which  elected;   votes  for  him  for 
such  office  to  be  void.     <  Mich.  VI  15.) 

State 
See  a  .  this  subdii-ision,  Dual  Office  Holding  — 

In  General. 
Ineligible  to  other  state  office  during  period  for  which  elected. 

(Nebr.  V  2.) 
Not   to  be  elected  by  legislature  to  any  office  under  govern- 
ment  of  this  state  during  term  for  which  elected.      (N..J. 

V  S.) 
Ineligible   to  office  under  this  state  during  term  or  within 
\ear  alter  expiration.     (Ala.  V  110.) 

to   hold   any   civil   or   military  office  under   this   state. 

(Ala.  V  130.) 
Not   to  hold   office  or*  other  commission    (except  in  militia) 
under  authority  of  this  state,     t  8.C.  IV  3.) 

to  hold   office  or  place  under   authority  of   this   state. 
Mass.  i'i.  II  Ch.  VI  2;  X.H.  II  92.) 
Not    to   hoM   office  of  lieutenant-governor,  justice  of  highest 
court,  treasurer,  member  of  legislature,  surveyor-general  or 

sheriff/    (Vt.  II  50.) 
Officer  of  this  state  not   to  hold  office  of  governor.      (Kaiu 

I  10.) 
Person    holding  office   under  this   state   not   to   fill   office  of 

governor.     (Ind.  V'8;  Ore.  V  3.) 
P<  i  son  holding  office  under  this  state  not  to  exercise  office  of 

ernor.      (I  al.   V   12;  Pa.  IV  6;  Tenn.  Ill  13.) 
Person  holding  office  under  this  state  not  to  exercise  office 

ovei and  it"  governor  or  person  administering  the 

eminent  accepts  such  office,  his  office  as  governor  to  be 

vacant.     (N.J.  V  8.) 
P(  reon  holding  office  or  place  under  this  state  not  to  exercise' 

""       .  Minor.      ( MJg.  V  pt.  I  5.) 

Person    holding  office   under   authority  of  this   state  not  to 
rcise   office   of  governor.      (Ark.   VI    11;    Iowa  IV   14; 

Ohio  III  14.) 
except    of   court   of  sessions)    to  hold   office   of 
governor.     (Mass.  Amend.  VIII. > 


Index  Digest  733 


GOVERNOR    (Cont'd) 

Qualifications  and  Disqualifications    (Cont'd) 
Dual  Office  Holding   (ConVih 

Office  in  tliis  State    (Cont'd) 

Judge,  secretary  of  state,  treasurer,  attorney-general,  com- 
missary-general and  military  officers  receiving  pay  from 
state  (excepting  officers  of  militia  occasionally  called 
forth  on  an  emergency),  registers  of  deeds,  collectors  of 
excise  and  state  taxes  hereafter  appointed,  "  and  not 
having  settled  their  accounts  ",  not  to  hold  at  same  time 
office  of  governor;  election  or  appointment  to  any  of  these 
offices  and  acceptance  to  operate  as  resignation  of  office 
of  governor  and  vacancy  to  be  filled.  (N.H.  II  94.) 
United  States  Office 

See  also  above,  this  subdivision,  Dual  Office  Holding  — 

In  General. 

Not  to  hold  office  under  United  States.     (Ala.  V  130.) 

Ineligible  for  election  or  appointment  to  United  States 
senate  during  term  or  within  year  after  expiration.     (Ala. 

V  116.) 

Ineligible  for  election  to  United  States  Senate  during  term 
for  which  elected.      (Utah  VII  23.) 

Not  to  be  elected  by  legislature  to  office  under  government  of 
United  States  during  term  for  which  elected.     (N.J.  V  8.) 

Member  of  Congress  or  person  holding  office  under  United 
States  not  to  fill  office  of  governor.     (Ind.  V  8;  Kan.  I  10; 

Ore.  V  3.) 

Person  holding  office  under  United  States  government  not  to 
hold  office  of  governor.      (Nev.  V  12.) 

Person  holding  office  under  authority  of  United  States  (post- 
master excepted)    not  to  hold  office  of  governor.      (Mass. 

Amend.  VIII. ) 

Person  holding  office  under  United  States  at  time  of  or 
within  six  months  immediately  preceding  election  for  gov- 
ernor ineligible  to  office.      (La.  63.) 

Military  officers  receiving  pay  from  •'{he  continent",  offic  rs 
of  the  customs,  including  naval  officers,  collectors  of  excise 
and  continental  taxes  hereafter  appointed  "  and  not  having 
settled  their  accounts  ",  and  mem!  .ers  of  Congress  or  per- 
sons holding  office  under  United  States,  not  to  hold  office 
of  governor;  election  or  appointment  to  any  of  these  offices 
and  acceptance  to  operate  as  resignation  of  office  of  gov- 
ernor and  vacancy  to  be  filled.     (N.H.  II  94.) 

Member  of  Congress  or  person  holding  office  under  United 
States  not  to  exercise  office  of  governor.      (Mich.  VI  14; 

Pa.  IV  6;  Tenn.  Ill  13.) 

Member  of  Congress  or  person  holding  office  under  United 
States  not  to  exercise  office  of  governor,  and  if  governor  or 
person  administering  the  government  accepts  such  office, 
his  office  as  governor  to  be  vacant.     (N.J.  V  8.) 


S  .  ATK    CONSTITUTIONS 


GOVERNOR      I 

M,     [,„,  ,    U.n.NS      ((»((!) 

il  Office  Holding  5'd) 

Person   holding  office   under   Inked  States  not  to  exercise 
,,,-;  senior.     (Cal.  V  12-) 

holding  office  or  place  under  United  States  not  to 
exert  ise  office  of  governor.     (Me.  V  Pt.  I  5.) 
Member  of  (  ongress,  or  person  holding  office  under  authority 
,.f  l  oited  States,  not  to  exercise  office  of  governor.     (Ark. 

VI  11;  Ohio  III  14.) 
-,„  holding  office  under  authority  of  United  States  not 
exercise  offiee  of  governor.     (Iowa  IV  14.) 

Offic  Outsid(  State 

also  above,   this  suh./irision,  Dual  Office  Holding  — 

In  General. 

I      son  holding  office  under  other  power  not  to  fill  office  of 

governor.     (Ore.  V  3.) 
Person  holding  office  or  place  under  any  other  power  not  to 

,  ci  rcise  "Dice  of  governor.     (Me.  V  Pt.  I  5.) 
\    •   to  hold  office  under  other  state  or  government.      (Ala. 

V  130.) 
Not  to  hold  place  or  office  or  receive  pension  or  salary  from 
any  other  state,  government  or  power.     (N.H.  II  92.) 
t  to  hold  place  or  office  from  any  other  state  or  govern- 
rvi  or  power.     (Mass.  Pt.  II  Ch.  VI  2.) 
to  hold   office  or  other  commission    (except  in  militia) 
under  authority  of  any  other  power.     (S.C.  IV.  3.) 

Electoral 

!   be  qualified  elector  to  be  eligible  to  office.      (Conn.  IV  1; 
Fla.  !\    :;:  Nev.  V  3;  X.1>.  Ill  73-  S.D.  IV  2;  Wis.  V  2;  Wyo. 

IV  2.) 
\!  .  alified  elector  at  time  of  election.     (Md.  II  5;  Utah 

VII   3.) 
Musi  have  been  qualified  elector  for  three  years  preceding  election. 

(Okla.  VI  3.) 
Engaging  in  Business 

tn  practice  profession  and  receive  reward,  fee  or  promise 
thereof,  nor  to  receive  salary,  reward  or  compensation  or 
promise  thereof  for  service  rendered  while  governor  or  to  be 
thereafter  rendered.     (Tex.  IV  6.) 

Failure  to  Qualify,  See  below,  this  title,  Succession  to  Office. 
Prior  Service  in  Office  as  Disqualification 
To  be  re-eligible.     (S.C.  IV  2.) 
Ineligible  m  his  own  successor.     (Ala.  V  116;  Fla.  IV  2;  Miss.  V 

116;   Mo.  V  2;  Okla.  \ll;  Pa.  IV  3;  Va.  V  69.) 
Ineligible  u  hi-  own  successor,  but  may  be  again  eligible  at  ex- 

' ■•!   one  or   more  terms  after  term   for  which  he  has 

served.      (La.  63.) 


Index  Digest  735 


GOVERNOR    (Cont'd) 

Qualifications  and  Disqualifications    (Cont'd) 

Prior  Service  in  Office  as  Disqualification  (Cont'd) 

Ineligible  for  three  years  after  term  of  service  expired.      (N.J. 

V  3.) 
Ineligible  for  four  years  after  term  for  which  elected.     (Ky.  71; 

W.Va.  VII  4.) 
Not  to  be  elected  a  third  time.      (Del.  Ill  5.) 
ineligible    for    re-election    after    expiration    of    second   term    for 

period  of  four  years.     (Ga.  V  Sec.  I  2.) 
Ineligible  to  hold   state  office  for  two  years   after  serving  two 

consecutive  terms.      (N.M.  V  1    (1914).) 
Ineligible  more  than  four  in  any  period  of  eight  years.      (Ind. 

VI.) 

Ineligible  more  than  four  in  any  period  of  eight  years  "  unless 

office    cast    on    him    as    lieutenant-governor    or    president    of 

senate".   (N.C.  Ill  2.) 
Ineligible  more  than  six  in  any  period  of  eight  years.      ( Tenn. 

III  4.) 
Ineligible    more    than   eight    in   any   period   of    12   years.      (Ore. 

V  1.) 
Religious  Test 

No  person  eligible  who  denies  existence  of  Supreme  Being.     (S.C. 

IV  3.) 
Residence 

in  state  for  one  year  preceding  election.     (Minn.  V  3.) 

In  state  for  two  years  preceding  election.    (Colo.  IV  4;  Ida.  IV  3.) 

Iowa  IV  6;  Mich.  VI  3;  Mont.  VII  3;  Nev.  V  3;  N.C.  Ill  2; 

S.D.  IV  2.) 
In  state  for  three  years  preceding  election.     (Ore.  V  2.) 
In  state  for  four  years  preceding  election.      (Vt.  II  23.) 
In  state  for  five  years,  and  at  time  of  election  and  during  term. 

(Me.  V  Pt.  I  4.) 
In  state  for  five  years  preceding  election.     (Cal.  V  3;  Fla.  IV  3; 

Ind.  V  7;  Md.  II  5;  Miss.  V  117;  N.M.  V  3;  N.Y.  IV  2;  N.D. 

Ill  73;   S.C.  IV  3;  Tex.  IV  4;  Utah  VII  3;  Va.  V  72;  Wyo. 
:  TV  2.) 

In  state  for  six  years  preceding  election.     (Ky.  72.) 
Inhabitant    of    United    States   for    12    years    preceding    election 

and  inhabitant  of  state  for  six  years  preceding  election,  unless 

absent  on  business  of  United  States  or  of  state.      (Del.  Ill  6.) 
In  state  for  seven  years.    (Ark.  VI  5.) 
In  state  for  seven  years  preceding  election.      (Ala.  V  117;  Mass. 

Pt.  II  Ch.  II  Sec.  I  2;  Mo.  V  5:   N.H.  II  41.) 
In    state    for    seven    years    preceding   election,    unless    absent    on 

business  of  United  States  or  of  state.     (N.J.  V  4;  Pa.  IV  5.) 
In  state  for  10  years  preceding  election.      (La.  63.) 
Residence  during  term,  See  below,  this  title,  Residence. 
Sex 

See  also  above,  this  subdivision,  Electoral. 
Must  he  male.     (Ariz.  V  2;  Mo.  V  5;  Okla.  VT  3.) 


g    .   i    Constitutions 


GOVERNOR      '       t'd) 

Removal  of  Offii 

.       iTKi.ic  iiini  i  us:  for  removal  of  a  particular 

i  of  officers,  See  the  specific  title. 

-::•!  n.  E 

As  unification  for  office,  See  above,  this  title,  Qualifications  and 

Disqualifications. 

In  Btate  during  term.     I  Me.  V  l't.  I  4.) 

At  seal  of  government.     (Ariz.  V  1;  Colo.  IV  1;  Ida.  IV  1;  111.  V  1; 

In.!.   \  I    5;    Md.   II   21;    .Mo.  V    1:    Mont.  VII   1;   Nebr.  V   1;   N.M. 

Y   1-    \  (      111   .-»:   N.I).   HI  71:  Utah  VII  1;  Va.  V  72;  Wash.  Ill 

24;  W.Va.  VII  1.) 
At    -at    of  government,   except  during  session,   and   then   at   place 
•  n.  ami  except  when  act  of  legislature  requires  or  author- 
izes } i i ii i  to  reside  elsewhere.      (Tex.  IV  13.) 
At    seal   of  government   except   in  cases  of  contagion  or  emergencies 
of  war.  but  during  session  of  legislature  at   place  where  session 
is  held.     (S.<  .  IV  21.) 
At  seal  of  government,  except  during  epidemics.     (Ala.  V  118.) 
Executive  mansion  to  be  provided.      (X.Y.  IV  4.) 
Governor's   mansion,   fixtures  and  furniture,  to  have  use   and  occu- 
pation  of.      (Tex.   IV   5.) 
Rotation    in    ihfick.   See  above,   this  title.   Qualifications   and   Dis- 

QtJALIFICATIOKS      -  PRIOB     SERVICE     IN     OFFICE     AS      DISQUALIFICATION. 

betabies,  Se<  above,  this  title.  Assistants. 

-ion   to  Office 
Order  of  Succession 

1      Lieutenant-governor;    (2)    president  pro  tempore  of  senate. 
I. Minn.  V  6;    Nrv.  V   17,  18;   Pa.  IV  13.   14;   R.I.  VII  9,   10; 

S.C.  IV  fl:   Tex.  IV  16,   17.) 
Lieutenant-governor;    (2)    president   pro   too  pore  of   senate 
retary   of    state   convenes    senate   to    elect    president    pro- 
tempon  \.     (Conn.  Amend.  XXXIV,  IV  15.   16;  X.C.  Ill  12.) 
Lieutenant-governor;    (2)    president  pro  tempore  of  senate 
speaker   of  lower  house.      (Cal.   V    16:    Colo.   IV   13,   15 
Ida.  IV   12,  14:  111.  V  17,  19:  Iowa  IV  17.  19;  Kan.  I  11,  13 
Mo.  V  16.  17;  Mont.  VII  14,  16;  Xebr.  V  16,  18;  X.Y.  IV  6,  7 
Ohio  HI   15,  17.i 
(1'    Lieutenant-governor;    (2)    president  pro  tempore  of  senate; 
speaker  of  Imw.t  house    (but  secretary  of  state  to  convene 
to  elecl   president  pro  tempore).     (Miss.  V  131.) 
Lieutenant-governor;    (2)    president  pro  tempore  of  senate; 
iker   of   lower   house:     (4i    legislature  to  provide  for 
by  law.     (Okla.  VI  15,  16.) 
(1'    I-i' nteiiant  -..vernor:    (2)    president  pro  tempore  of  senate; 
etary    of    state    (until    president   pro    tempore   elected 
01  disability  of  governor,  lieutenant-governor  or  president  pro 
i.  mpori    removed),.     (La.  66".) 
'1      Lieutenant-governor;    (2)    president  pro  tempore  of  senate; 
-""'■">    Of    Btate;     (4)    attorney-general    (secretary    or 


Ixdex  DlGE-  737 


GOVERNOR    (Cont'd) 

Succession  to  Office   (Cont'd) 
Order  of  Succession    (Cont'd) 

attorney-general    to    convene    senate    to    elect    president    pro 
tempore).    (Ky.   84,   85,  87.) 
(1)    Lieutenant-governor;    (2)    president  pro  tempore  of  senate; 

(3)  speaker    of    lower    house;     (4)     attorney -general ;     (5) 
auditor;   (6)  secretary  of  state;   (7)  treasurer.     (Ala.  V  127.) 

(1)  Lieutenant-governor;  (2)  secretary  of  state.  (Mich.  VI  17, 
IS;  X.  D.  Ill  72,  77;  S.D.  IV  6,  7;  Wis.  V  7,  8.) 

(1)  Lieutenant-governor;  (2)  secretary  of  state;  (3)  president 
pro  tempore  of  senate.      (X.M.  V  7.) 

(1)  Lieutenant-governor;  (2)  secretary  of  state;  (3)  attorney- 
general;  (4)  president  pro  tempore  of  senate;  (5)  speaker  of 
lower  house.      (Del.  Ill  20.) 

(1)    Lieutenant-governor;   (2)   secretary  of  state ;   (3)  treasurer; 

(4)  auditor;     (5)     attorney-general;     (6)     superintendent    of 
public  instruction;    ( 7 )_  commissioner  of  public  lands.     (Wash. 

Ill   10.) 
(1)   Lieutenant-governor;    (2)   council.   (Mass.  Pt.  II  Ch.  II  Sec. 

II  3,  Sec.  Ill  6.) 
(1)    Lieutenant-governor;    (2)   legislature  to  provide  for  by  law. 

(Ind.  V   10;   Vt.  II  3,  24;   Va.  V  78.) 
(1)    President  of  senate;    (2)    speaker  of  house.      (Ark.  VI   12, 
13;    Fla.  IV   19;    Ga.  V  Sec.  I  8,  9;   X.H.  II   4S;   N.J.  V   12, 

13,   14;   Tenn.  Ill   12.) 
(1)    President  of  senate;    (2)    speaker  of  house    (during  recess 
of  senate  secretary  of  state  to  convene  senate  to  elect  presi- 
dent of  senate).     (Me.  V  Pt.  I  14.) 
(1)    President  of  senate;    (2)    speaker;    (3)    joint  vote  of  legis- 
lature to  elect.      (W.Va.  VII  16.) 
(1)  Legislature  to  elect  successor;    (2)  during  recess  president  of 
senate;    (3)    during  recess  speaker;    (4)   legislature  to  provide 
by  law;    (5)  if  no  provision  secretary  of  state'  to  convene  legis- 
lature to  fill  vacancy.      (Md.  II  6,  7.) 
Secretary  of  state.      (Ariz.  V  6;   Wyo.  IV  6.) 
(1)    Secretary   of   state;    (2)    president  of   senate.      (Ore.  V  8; 

Utah  VII  11.) 
Cases  in  Which  Successor  Acts 
Officer  First   in  Succession 

Death.  (Ala.  V  127;  Ariz.  V  6;  Ark.  VI  12;  Cal.  V  16; 
Colo.  IV  13;  Conn.  Amend.  34;  Del.  Ill  20;  Fla.  IV  19; 
Ga.  V  Sec.  I  8;  Ida.  IV  12;  111.  V  17;   Ind.  V   10;   Iowa 

IV  17;  Kan.  I  11;   Ky.  S4;   Md.   II  6;   Mich.  VI   i6;   Mo. 

V  16;  Mont.  VII  14;  Nebr.  V  16;  Xev.  V  IS;  N.H.  II  48; 
X.J.  V  12;  X.Y.  IV  6;   X.D.  Ill  72;   Ohio  III  15;   Okla. 

VI  16;  Ore.  V  8;  Pa.  IV  13;  S.C.  IV  9;  S.D.  IV  6; 
Tenn.  Ill  12;  Tex.  IV  16;  Utah  VII  11;  Va.  V  7S;  Wash. 
Ill  10;   W.Va.  VII  16;   Wis.  V  7;  Wyo.  IV  6.) 

24 


I  JoNSTITUTIONS 


GOVERNOR 

I    FICE     i  ' 

i  Which  Successor  Acts    {Cont'd) 
6  tea  ision   (Cont'd) 
Resignation.     (Ala.  V  127:  Ariz.  V  6;  Ark.  VI  12;  Cal.  V 
Colo.   IV  13;   Conn.  Amend.  34;  Del.  Ill  20;  Fla.  IV 
L9;   Ga.  V  Sec.  I  8;   Ida.  IV  12;  111.  V  17;  Ind.  V  10; 
i    IV   17:   Kan.  1   11;  Ky.  84;  Md.  II  6;  Mich.  VI  16; 
Mo.  A'  16;  Mont.  VII  14;  Nebr.  V  16;  Nev.  V  18;  N.J.  V 
12;   N.Y.  IV  6;   N.D.  III  72;  Ohio  III  15;  Okla.  VI  16; 
Ore.  V  8;   Pa.  [V  13:  S.C.  IV  9;  S.D.  IV  6;  Tenn.  Ill  12; 
rex.  IV  16;  Utah  VII  11;  Va.  V  78;  Wash.  Ill  10;  W.Va. 
VII   16;  Wis.  V  7;  Wyo.  IV  6.) 
Removal  from  office.      (Ala.  V  127;  Ariz.  V  6;   Cal.  V  16; 
lo.  IV  13;   Conn.  Amend.  34;  Del.  Ill  20;  Fla.  IV  19; 
[da.   IV  12;    Ind.   V   10;   Iowa  IV  17;   Kan.  I   11;   Mich. 
VI   16;  Mont.  VII  14;  New  V  18;  N.J.  V  12;  N.Y.  IV  6; 
X.D.  Ill  72;   Ohio  III  15;   Okla.  VI   16;   Ore.  V  8;   S.D. 
IV  t>;  Tenn.  Ill  12;  Tex.  IV  16;  Utah  VII  11;  Va.  V  78; 
Wash.  Ill  10;  Wis.  V  7;  Wyo.  IV  6.) 
"Absence."     (Vt.  II  3.) 

\  m  amy.      (Me.  V  Ft.  I  14;  Mass.  Pt,  II  Ch.  II  Sec.  II  3; 
.Minn.  V  6;   Miss.  V  131;   N.H.  II  48;   N.J.  V   14;    N.M. 
V  7;  N.C.  Ill  12;  R.I.  VII  9.) 
Removal  from  state.      (Md.  II  6;  Okla.  VI  16;  S.C.  IV  9.) 
Absence  from  state.      (Ariz.  V  6;   Ark.  VI  12;   Cal.  V  16; 
Colo.   IV   13;   Conn.  Amend.   34;   Ida.  IV   12;   111.  V   17; 
Ky.  84;  La.  66;  Mass.  Pt.  II  Ch.  II  Sec.  II  3;  Mich.  VI 
L6;   .Mi--.  V  131;  Mo.  V  16;  Mont.  VII  14;   Nebr.  V  16; 
v.  V   is:  N.H.  II  48;  N.J.  V  13;  N.M.  V  7;  N.Y.  IV  6; 
N.C.  Ill  12;  N.D.  Ill  72;  R.I.  VII  9;  S.D.  IV  6;  Tex.  IV 
16;  Utah  VII  11;  Wis.  V  7;  Wyo.  IV  6.) 
Absence   from    state   more   that   20    days;    if    such    absence 
occurs,  secretary  of  state  notifies  lieutenant-governor,  who 
■  nt.  rs   on    duties.      If   both   governor   and   lieutenant-gov- 
ernor  absent    over    20   days,    secretary   to    notify    officer 
next  in  succession.      (Ala.  V  127.) 
When   governor   is   out   of   state   at  head   of  military  force 
thereof,  he  continues  commander-in-chief  of  military  forces 

of  state.      (Mich.  VI  16.) 

When  governor,  with  consent  of  legislature,  is  out  of  state 

time  of  war.   at  head  of  a  military   force  thereof,  he 

commander-in-chief    of    all    military    forces    of 

V   18;  N'.Y.  IV  6;  Wis.  V  7.) 

(Ala.  V  127;  Ariz.  V  6;  Ark.  VI  12;  Cal.  V  16; 

[V  13;   Conn.  Amend.  34;  Del.  Ill  20;  Fla.  IV  19; 

!ec.  I  8;   Ida.  IV  12;  111.  V  17;   Ind.  V  10;  Iowa 

17:   Kan.   I   11;  Ky.  84;  La.  66;  Md.  II  6;   Mich.  VI 

16;   Mont.  VII   14;  Nebr.  V   16;   Nev.  V  18; 

'•'   '     V    13;    N.M.   V   7;   N.Y.   IV   6;    N.C.   Ill    12;    N.D. 


Index  Digest  739 


GOVERNOR    (Cont'd) 

Succession  to  Office    (Cont'd) 

Cases  in  Which  Successor  Acts    [Cont'd] 
Officer  First  in  Succession    (Cont'd) 

III  72;  Ohio  III  15;  Okla.  VI  1G;  Ore.  V  S;  Pa.  IV  13; 
R.I.  VII  9;  S.C.  IV  9;  S.D.  IV  6;  Tex.  IV  16;  Utah 
VII  11;  Va.  V  7S;  Wash.  Ill  10;  W.Va.  VII  1G;  Wis.  V 

7;  Wyo.  IV  6.) 

Protracted  illness.      (Miss.  V   131.) 

Failure  to  qualify.  (Ala.  V  127;  Ark.  VI  12;  Colo.  IV  13; 
Conn.  Amend.  34;  Ida.  IV  12;  HI.  V  17;  Ky.  84;  Mo.  V 
1G;  Mont.  VII  14;  Nebr.  V  1G;  X.D.  Ill  72;  Okla.  VI  15; 

.  Pa.  IV  13;  S.D.  IV  G;  Tex.  IV  16;  Va.  V  7S;  W.Va. 
VII   16.) 

If  governor-elect  dies  or  becomes  disqualified,  lieutenant- 
governor  to  act.      (Del.  Ill  20.) 

If  governor-elect  dies,  powers,  duties  and  emoluments  of 
office  to  devolve  on  president  of  senate,  or  in  case  of  his 
death,  resignation  or  removal,  on  speaker,  until  new 
governor  be  elected  and  qualified.   (N.J.  V  14.) 

If  governor-elect  dies,  removes  from  state,  refuses  to  serve, 
becomes  insane  or  otherwise  incapacitated,  lieutenant- 
governor-elect  to  be  qualified  as  governor  at  beginning  of 
term  for  which  elected.      (R.I.  Amend.  XI  3.) 

In  case  of  death,  disability  or  failure  to  qualify  of  governor- 
elect,  officer  next  in  succession  to  act  until  disability  re- 
moved or  governor  elected.      (Wash.  Ill  10.) 

Conviction  of  felony  or  infamous  crime.      (Colo.  IV  13;  Ida. 

IV   12;   Mont,  VII   14.) 

Conviction  of  treason.      (Ida.  IV  12.) 
Officer  Second  hi  Succession 

Same  as  in  case  of  officer  first  in  succession.  (Cal.  V  16 
Colo.  IV  15;  Del.  Ill  20;  Fla.  IV  19;  Ga.  V  Sec.  I  8 
Ida.  IV  14;  111.  V  19;  Ind.  V  10;  Iowa  IV  19;  Kan.  I  13 
La.  66:  Mass.  Pt.  II  Ch.  II  Sec.  Ill  6;  Mich.  VI  16 
Minn.  V  6;  Mo.  V  17;  Mont.  VII  16;  Nebr.  V  18;  Nev 
V  17;  N.H.  II  48;  N.M.  V  7;  N.Y.  IV  7;  N.C.  Ill  12 
Ohio  III    17;    Ore.  V   8;    S.C.   IV   9;   Tenn.   Ill   12;   Tex. 

IV  17;  W.Va.  VII  16;  Wis.  V  8.) 

Same  as  in  case  of  officer  first  in  succession,  except  that 
"impeachment"  is  not  mentioned.      (Utah  VII  11.) 

Same  as  in  casi  of  officer  first  in  succession,  except  that 
"failure  to  qualify"  is  not  mentioned.   (N.D.  Ill  77;  S.D. 

IV  7.) 

Same  as  in  case  of  officer  first  in  succession,  except  that 
disability    is    not    mentioned.       (Conn.    IV    15;    Ky.    85.) 

Same  as  in  case  of  officer  first  in  succession,  except  that 
disability  is  not  mentioned,  and  "  impeachment  or  removal 
from  office "  is  used  instead  of  "  conviction  on  impeach- 
ment ".    (Ark.  VI  13.) 


.      I  !0KSTITUTI0NS 


GOVERNOR 

in  Which  Successor  Acts  (Cont'd) 

on    \Cunfd i 
Sam  a  case  of  officer  first  in  succession,   except  that 

-  failure  to  qualify  "  is  not  mentioned  and  "  absence  from 
.   Instead  oi  "removal  from  state".     (Okla. 

VI   15.) 

nation,  removal  or  vacancy.     (N.J.  V  12,  13,  14.) 

Del  -nation,  removal  or  disqualification.      (Me.  V  Pt. 

I   14.) 

Vacancy.     (R.I.  VII  10;  Wash.  Ill  10.) 

&ncy  in  offices  of  governor  and  lieutenant-governor  caused 
bv  failure  to  elect,  removal  from  office,  death  or  resigna- 
■  .   or  inability  to  discharge  duties.      (Vt.   II  24.) 
In   case   of  vacancy   in   office   of   governor   during   recess   of 
legislature,    president   of    senate   to    act,    and    in    case    of 
-    death,   resignation,  removal  from  state  or  refusal  to 
serve,  speaker  to  act.     (Md.  II  7.) 
Disability.      (Miss.  V  131.) 
Impeachment  or  disability.     (Pa.  IV  14.) 
Officer  Third  in  Succession 

Same  as  in  case  of  officer  second  in  succession.  (Ala.  V 
127:  Cal.  V  16;  Colo.  IV  15;  Del.  Ill  20;  Ida.  IV  14; 
111.  V  19;  Iowa  IV  19;  Kan.  I  13;  La.  66:  Mo.  V  17; 
Mont.  VII  16;  Neb*.  V  18;  N.M.  V  7;  N.Y.  IV  7;  Ohio 
III  17;  Okla.  VI  15.) 
Vacancy.      (Wash.  Ill  10.) 

Vacancy  or  disability  or  absence  from  state  of  officer  second 

in  succession.      (Miss.  V  131.) 
Determination   of  Ruffiricncy  of  Cause 

Should  doubt  arise  as  to  whether  vacancy  has  occurred  in 
office  of  governor  or  other  disability  exists  or  has  ended, 
secretary  of  state  to  submit  question  to  judges  of  highest 
court  who,  or  majority  of  whom,  shall  investigate  and 
determine  question,  and  furnish  to  secretary  of  state 
opinion   in   writing,   which  shall  be   final   and  conclusive. 

(Miss.   V    131.) 

If  governor  or  officer  administering  office  appears  to  be  of 

unsound    mind,   highest   court,   upon    request    in   writing, 

verified  bv  affidavits,  of  anv  two  officers  entitled  by  con- 

ition   to   succeed   to#  office,   not  next   in   succession  to 

•,    shall    ascertain    mental    condition    of    governor    or 

officer  discharging  the  office,  and  if  he  is  adjudged  to  be 

und   mind,   shall   so  decree;    copy   of   decree   filed 

in  office  of  secretary  of  state  and  officer  next  in  succession 

rfnrm  duties  of  office  until  i^*toration  to  sanity.     If 

incumbent  denies  restoration  to  sanity,  highest  court  to 

rtain  facts;   if  sanity  restored,  to  so  adjudge  and  file 

certified  copy  of  decree  with  secretary  of  state.     Highest 


I.\i»Kx   Digest  741 


GOVERNOR    (Co»r 

Succession  to  Office   (Cont'd) 

Cases  in  Which  Successor  Acts    {Cont'd) 

Determination  of   SPuffici&ncf/   of  Cause    (Coi'.t'd) 

court  to  prescribe  method  of  taking  testimony  and  rules  of 
practice,  including  provision  for  service  of  notice  on  gov- 
ernor or   person   acting  as   governor.      (Ala.  V   128.) 
Qualifications  of  Successor 

Successor  must  be  eligible  to  office  of  governor  at  time  powers 

and   duties  devolve   on  him.      (Del.  Ill  20.) 
Requirements   as  to  time   of  citizenship   and  residence  nec- 
essary for  governor  not  applicable  to  president  of  senate 
•    or  speaker,  when  acting  as  governor.      (Fla.  IV  3.) 

Length  of  Service  of  Successor 
Officer  First   in  Succession 

No  provision  is  made  in  Tennessee  and  Virginia. 
Until  vacancy  filled  or  disability  ceases.     (Ala.  V  127;  Conn. 
Amend  XXXIV;  Del.  Ill  20:  Ga.  V  Sec.  I  8;   Ind.  V  10; 
Ky.  84;   N.J.  V  12,  13,  14;   N.M.  V  7;  N.C.  Ill  12;  Ore. 

V  8;    Tex.   IV   16;   Utah  VII   11;    Wash.  Ill   10;   W.Va. 

VII   16;   Wyo.  IV  6.) 
For   remainder   of   term   or   until   disability   ceases.      ( Ariz. 

V  6;  Cal.  V  16;  Colo.  IV  13;  Fla.  IV  19;  Ida.  IV  12;  111. 

V  17;  Iowa  IV  17;  Kan.  I  11;  Mich.  VI  16;  Mo.  V  16; 
Mont.  VII  14;  Nebr.  V  16;  Nev.  V  IS;  N.Y.  IV  6;  N.D. 
Ill  72;  Ohio  III  15;  Okla.  VI  16;  Pa.  IV  13;  S.D.  IV  6; 

Wis.  V  7.) 
For  remainder  of  term,  or  until  disability  ceases,  or  gov- 
ernor   elected   and   qualified.      (Ark.   VI    12.) 
During  vacancy.      (Me.  V  Pt.  I  14:  Md.  II  6;  Mass.  Pt.  II 

Ch.  IT  Sec.  II  3;  Minn.  V  6;  N.H.  LI  48.) 
During  "absence"  of  governor.      (Vt.  II  3.) 
"Ad  i7iterim."      (La.  66.) 
Until    a   governor    qualified    or    until    office    filled    at    next 

annual  election.      (R.I.  VII  9.) 
Until  disability  removed.     (Miss.  V  131;  S.C.  IV  9.) 
In  Case  of  Impeachment,  See  above,  this  title,  Impeachment  — 

Suspension  Pending  Pp.oceedings. 
Election  to  Fill  Vacancy,  See  below,  this  subdivision,  Election 

of  New  Governob. 
Officer  Second  in  Succession 

No  provision  made  in  Tennessee  and  Virginia. 
No  specific  provision  made,  but  apparently  same  as  in  case 
of  officer  first  in  succession.  (Fla.  IV  19;  W.Va.  VII  16.)  * 
Until  vacancy  filled  or  disability  ceases.  (Ala.  V  127;  Ark. 
XII  13;  Cal.  V  16;  Colo.  IV  15;  Del.  Ill  20;  Ga.  V  Sec. 
I  S;  Ida.  IV  14;  111.  V  19;  Ind.  V  10;  Iowa  IV  19;  Kan. 
I  13;  Ky.  S5;  Mich.  VI  16;  Mo.  V  17;  Mont.  VII  16; 
Nebr.  V  IS;  Nev.  V  17;  N.J.  V   12,  13;  N.M.  V  7;  N.Y. 


-  CITTJTIONS 


GOVKK.NUR      ' 

- 
.4th  of  Service  of  Successor   (Cont'd)^ 

ion    (Cont'd  i 
_;   N-.D.  Ill  77;  Ohio  III  17;  Okla.  VI 
.      ;  Pa.  IV  14;  S.D.  IV  7;  Utah  VII   11;  Vt. 
11^4;   Wash.  Ill  10;  Wis.  V  8.) 

.     (Me.  V  Pt.  I  H;  Md.  117;  Mass.  Pt.  II 
.  Ill  6 j   Minn.  V  0;  N.H.  II  48.) 
During  •  or  vacancy.      (R.I.  VII  10.) 

I  bl  governor  or  lieutenant-governor.    (Conn. 

IV  15;  Tex.  IV  17.) 
tj:.               bility  removed.      (Miss.  V   131;   S.C.  IV  9.) 

m."     (La.  66.) 

Officer  Third  in  Succession 

me  as  in  case  of  officer  second  in  succession.      (Ala.  V 

Del.  Ill  20;  Md.  II  7;  Mo.  V  17;   N.M.  V  7;  N.Y. 

IV  7;  Okla.  VI  15;  Wash.  Ill  10.) 

specific  provision  made,  but  apparently  same  as  in  case 

second  in  succession.     (Colo.  IV  15;  Ida.  IV  14; 

111.  V  19;   Iowa  IV  19;  Kan.  I  13;  Mont.  VII  16;   Nebr. 

V  IS;  Ohio  III  17.) 
provision  made  in  West  Virginia. 

til  vacancy  filled.      (Cal.  V   16.) 

ility  removed.     (Miss.  V  131.) 
:.til  president  pro  tempore  of  senate  elected.     (Ky.  87.) 
Until  president  pro  tempore  of  senate  elected  or  disability 
of  governor,  lieutenant-governor  or  president  pro  tempore 

removed.      (La.  66.) 
Compensation  of  Successsor 

Die  as  that  of  governor.     (Ala.  V  129;  Colo.  IV  13;  Ida.  IV 

12;  111.  V  17;  Ind.  V  23;  Iowa  IV  15;  Ky.  S6;  La.  67;  Me.  V 

I    14:   Mich.  VI   18;   Miss.  V   131;   Mo.  V   16,   17;   Mont. 

VII  14;  X.J.  V  12,  14;  X.M.  V  7;  N.C-.  Ill  12;  Okla.  VI  16; 

Pa.  IV  13,  14;  Tex.  IV  17;  Va.  V  78.) 

iut  of  governor,  except  in  case  of  temporary  disability 
or  absence  from  state.     (Utah  VII  11.) 

Powers  and  Duties  of  Successor 

be   under   restrictions   and  inhibitions   imposed   on 
pernor  by  constitution.     (Tex.  IV  18.) 
Election  of  New  Governor 

mey  filled  at  next  general  election.      (Utah  VII  11.) 

If  genera]  election  for  legislature  during  vacancy,  election  for 

•o  fill  vacancy  to  be  had  at  same  time.     (Fla.  IV  19.) 

-N'""'  chosen    at  next   election    for   legislature,   unless 

Lthin  30  days  immediately  preceding  election, 

1    succeeding   election    for    legislature. 

(N.J.  V   12.) 


Index  Digesi  743 


GOVERNOR    (Cont'd) 

Succession  to  Office  (Cont'd) 

Election  of  New  Governor   (Cont'd) 

If  vacancy  occurs  before  expiration  of  first  two  years  of  term, 
election  to  be  held  to  fill  vacancy.     (Ky.  S5.) 

If  vacancy  occurs  more  than  30  days  before  next  general  elec- 
tion occurring  within  two  years  after  commencement  of  term, 
person  to  be  elected  at  such  election  for  remainder  of  term. 

(Wash.   Ill   10.) 

If  vacancy  occurs  before  expiration  of  first  three  years  of  term, 
election  to  be  held  to  fill  vacancy.     (W.Va.  VII  16.) 

If  both  governor  and  lieutenant-governor  are  removed,  die  or 
resign  more  than  60  days  before  next  general  election  at 
which  any  state  officers  are  to  be  elected,  governor  and  lieu- 
tenant-governor  to   be   elected   for   unexpired   term.      (Ala.   V 

127.) 

If  president  pro  tempore  or  speaker  acts  as  governor,  vacancy 
in  office  of  governor  to  be  filled  at  next  general  election  for 
legislature.       (Apparently    lieutenant-governor    serves    whole 

term.)      (Cal.  V   16.) 

If  vacancy  in  office  does  not  occur  within  12  months  before 
expiration  of  term  for  which  elected,  president  of  sc-nate  or 
speaker  of  house,  exercising  powers  of  governor,  shall  cause 
election  to  be  held  to  fill  vacancy,  giving  by  proclamation 
60  days'  notice,  election  to  be  governed  by  same  rules  as 
general  election  of  governor  as  far  as  applicable;  returns 
made  to  secretary  of  state,  and  acting  governor,  secretary  of 
state  and  attorney-general  to  constitute  board  of  canvassers, 
majority  of  whom  shall  compare  returns  and  declare  who  is 

•    elected,  and  contested  elections  decided  as  may  be  prescribed 

by  law.     (Ark.  VI  14.) 

If  vacancy  in  office  of  both  governor  and  lieutenant-governor,  by 
reason  of  death  or  otherwise,  offices  filled  by  legislature  by 
majority  vote  in  joint  convention;  and  acting  governor,  if 
legislature  not  in  session,  to  call  a  special  session  within 
20  days  after  both  offices  are  vacant  if  regular  session  is 
not  sooner  to  occur.  Person  elected  *to  serve  for  remainder  of 
term.      (R.I.   Amend.   XI   4,   7.) 

When  both  governor  and  lieutenant-governor-elect  are  incapaci- 
tated, or  when  there  has  been  failure  to  elect  either  of  them, 
legislature  shall,  on  its  organization,  meet  in  joint  convention 
and,  by  majority  vote,  elect  some  person  to  fill  the  offices. 
In  case  of  election  because  of  failure  of  candidate  to  receive 
plurality  of  votes,  election  to  be  made  from  persons  who 
receive  same  and  largest  number  of  votes.  Person  elected 
serves  for  remainder  of  term  or  full  term  as  case  may  be,  and 
until  successor  qualified.      (R.I.  Amend.  XI  3,  7.) 

Legislature  may  provide  for  filling  unexpired  term  by   special 

election.     (Ga.  V  Sec.  I  9.) 


-^  State  Ce  ^tituTioks 


GOVERNOR      ■ 
Tekm  of  Ofi  l 
Length 

rear:     (Maes.  Amend.  X.)  ' 

(Arm  V  1;  Ark.  VI  1;  Colo.  IV  1;  Conn.  Amend. 
XW'I  >.  Ga.  V  Sec;  1  2;  Ida.  IV  1;  Iowa  IV  2,  15;  Kan. 
I  i.  M,  'Amend.  23;  Mfcfi.  VI  Ij  NRhn.  V  3;  Nebr.  V  1; 
Ml'  II  41-  V.M.  V  1  ( 11*14)  ;  N.Y.  IV  I;  N.D.  Ill  71;  Ohio 
111  2   XVII  ■'■  K.I   Amend.  XVI;  S.C.  IV  2;  S.D.  IV  1;  Tenn. 

Ill  4;  Tex.  IV  4;  Wis.  VI.) 

I  hr.  e  years.     (N".J.  V  3.) 

,-  years.  (Ala.  V  116;  Cal.  V  2;  Del.  Ill  5;  Fla.  IV  2;  Ind. 
V  l".  9:  111.  V  1:  Kv.  70,  73;  La.  62;  Md.  II  1;  Miss.  V  116, 
1:;,  ,    2;    Hon*.  VII  1;  Nev.  V  2;  N.C.  Ill  1;  Okla.  VI 

4;  Ore.  V  1,  7;  Pa.  IV  3,  17;  Utah  VII  1;  Va.  V  69;  Wash. 

III  2 j   W.Va.   VII   1;   Wyo.   IV   1.) 

To  Berve  until  successor  qualified  (regardless  of  length  of  term 
Bed).  (Ala.  V  116;  Ark.  VI  1;  Cal.  V  2;  Conn.  Amend. 
XXVII  2;  Ga.  V  Sec.  12;  111.  V  1 ;  Iowa  IV  2,  15;  Kan.  I  1; 
Ky.  73;  Md.  II  1;  Mass.  Amend.  X;  Minn.  V  3;  Miss.  V  136; 
Mo.  V  2;  Mont.  VII  1;  Nebr.  V  1;  Nev.  V  2;  N.C.  Ill  1; 
ND.  Ill  71;  Ohio  III  2;  Pa.  IV  17;  R.I.  Amend.  XVI;  S.C 

IV  2;   Tenn.  Ill  4;  Tex.  IV  4;  Wash.  Ill  2;  Wyo.  IV  1.) 
To  serve  until  successor  qualified,  or  to  adjournment  of  session 

of  legislature  at  which,  by  constitution  and  laws,  successor  is 

to  be  chosen.     (Vt.  II  41.) 
To  serve  until  first  Monday  after  successor  qualified.     (La.  64.) 
Re-election  to  Same  Office,  See  above,  this  title,  Qualifications  — 
vice  ik  Office  as  Disqualification. 

Time  of  Beginning 

Winn  chosen  and  qualified.      (Vt.  II  41.) 
From  time  of  installation.     (Fla.  IV  2;  Nev.  V  2.) 
As  provided  by  constitution  or  prescribed  by  law.      (Ore.  V  7.) 
During  first  session  of  legislature  after  election.      (Ga.  V  Sec. 

I  3.) 
Du:  rat  session  of  legislature   after   election   on   day   pre- 

scribed by  law.     (S.C.  IV  2.) 
January  1st  after  election.     (N.M.  V  1;  N.C.  Ill  1.) 
First  Mon. lay  of  January  after  election.     (Ariz.  V  1;  Ida.  IV  1; 

Mont.  VII  1;  Utah  VII  1.) 
Fir  iay   after   announcement  by   legislature   of    result   of 

election.     (La.  64.) 
Firs!  Monday  after  January  1st,  after  election.     (Cal.  V  2.) 
Fir-L  'i  January    after    election.       (Del.    Ill    5;    R.I. 

Amend.  XVI.) 
First  1        lay  after  organization  of  legislature,  or  as  soon  there- 

afi  practicable.      (Tex.    IV   4.) 

W<  -t  Monday  of  January  after  election.     (Conn. 

Amend.  XXVII  2.) 


1  ndex  Digest  7  1  5 


GOVERNOR    (Cont'd) 

Term  of  Office  (Cont'd) 

Time  of  Beginning    (Cont'd) 

First    Wednesday    in    January    after    election.      (Me.    Amend. 

XXIII;   Mass.  Amend.  X.) 
First  Thursday   [after]   first  Tuesday  in  January  after  election. 

(Nebr.  VI.) 
Second  Monday  of  January  after  election.     ( 111.  V  1 ;  Kan.  I  1 ; 

Mo.  V  2;   Ohio  III  2;   Okla.  VI  4.) 
Second  Monday  of  January  after  election  until  otherwise  pro- 
vided by  law.     (Wash.  Ill  4.) 
Second  Monday  of  January  after  election  and  from  installation. 

(Iowa  IV  2,  15.) 
Second  Monday  of  January,  1S53,  and  every  fourth  year  there- 
after,    find.  V  9.) 
January   15th  after   election.      (Tenn.  VII  5.) 
Second  Tuesday  of  January  after  election.     (Colo.  IV  1.) 
Second  Wednesday  in  January  after   election,  except  for  first 

governor.     (Md.  II  1,  3.) 
First  Monday  after  second  Tuesday  in  January  after  election. 

(Ala.  V  116.) 
Third  Tuesday  of  January  after  election.     (X.J.  V  3;  Pa.  IV  3.) 
First  of  February  after  election.      (Va.  V  69.) 
March  4th  after  election.     (W.Va.  VII  1.) 
Fifth  Tuesday  after  election.     (Ky.  73.) 
Veto  Power 

See  Legislative  Procedure. 
See  Appropriations. 
GRAND  JURY 

For  organization,  etc.,  See  Juries. 

For  necessity  of  indictment  by,  See  Crimes  — .  Form  of  Accusation. 
GRANTS 

Issued  in  name  of  state.      (W.Va.  II  8.) 

Issued  in  name  of  state,  attested  by  governor  with  seal  of  state  annexed. 

(Va.  V  75.) 
To  be  signed  by  governor  with  seal  of  state  annexed.     (Md.  IV  13.) 
To  be  in  name  and  by  authority  of  state,  sealed  with  state  seal  and  signed 

by  governor.     (Tenn.  Ill  16.) 
Issued  in  name  and  by  authority  of  state,  sealed  with  great  seal,  signed 
by  governor  and  countersigned  by  secretary  of  state.     (Ala.  V  135;  Ark. 
VI  10;  Cal.  V  14;  Fla.  IV  14:  Ida.  IV  16:  Iowa  IV  21;  Mont.  VII  18; 
Xev.  V  16;  X.C.  Ill  16;  Ohio  III  13;  S.C.  IV  19:  Utah  VII  21.) 
Issued  in  name  and  by  authority  of  state,  sealed  with  great  seal,  signed 
by  governor  or  person  administering  the  government  and  countersigned 
by  secretary  of  state.     (N.J.  VIII  3.) 
Of  public  property,  See  Public  Property  —  Grants. 
Of  public  land,  See  Public  Lands  —  Grants. 

Irrevocable  grants   of   special    privileges,   immunities   or    franchises,    See 

Privileges. 
To  retired  officers,  See  Pensions. 


!  I  1  I    I  T  - 


GUARANTY  COMPANIES 

all  corporations,  See  Corporations. 
-ible  foreign  or  domestic  guaranty  companies, 
lawfully  .   may   be  sureties   on   bonds  of  state, 

...•     a    .  munici]    1  officers.     (Fla.  XVI  13.) 

;  for  jui  nd  authorized  to  do  business  in  state,  guaranty 

-   maj    be  sureties  on  bonds  of  state,  county   and  municipal 

officers.      (Ark.  XIX  21.) 

les  liable  to  "  full  visitorial  and  inquisitorial  powers 

of  the  state".     (Ariz.  XIV  16.) 

.  control  under  banking  department  and  bank  commission, 

protect  stockholders  and  depositors.     (Okla.  XIV  1.) 

HABEAS  CORPUS,  WRIT  OF 

of  courts  to  issv  and  determine,  See  the  various  classes 

■     ■ 
riNG  Provided  fob 

oted  freely  and  without  cost.     (Fla.  D.R.  7.) 
To  be  granted  speedily  and  of  right.     (Fla.  D.R.  7.) 
To  be  granted  speedily  and  cheaply,  easily,  expeditiously  and  in  an 

ample  manner.     (Mass*.  Pt.  II  Ch.  VI  7;  N.H.  II  90.) 
tenable  of  right.     (Vt.  II  33.) 

Persons  retrained  of  liberty  entitled  to  remedy  to  inquire  into  law- 
fulness thereof.     (N.C.  I  18.) 
-hiture  to   enact  laws   to   render   remedy   speedy   and   effective. 

(Tex.  I   12;   Vt.  II  33.) 
:  ENSION 

Privilege  not  to  be  suspended.      (Ala.     117;  Ariz.  II  14;  Ga.  I  Sec. 
I    11;    Mo.   II  26;   N.C.  I  21;    Okla.  II   10;   Tex.  I   12;   Vt.  II  33; 

W.Va.  Ill  4.) 
Privilege  not  to  be  suspended,  unless  when,  in  case  of  rebellion  or  in- 
vasion, public  safety  requires  it.  (Cal.  I  5;  Colo.  II  21;  Del.  I  13; 
Fla.  I).;:.  7;  111.  II  7:  Ind.  I  27;  Iowa  I  13;  Kan.  B.R,  8;  Ky. 
16;  La.  13;  Me.  I  10;  Mich.  II  11;  Minn.  I  I;  Mont.  Ill  21;  Nev. 
1  6;  N .J.  I  11;  X.M.  II  7;  X.Y.  I  4;  N.D.  I  5;  Ohio  I  8;  Ore.  I 
l'a.    I    14;    S.D.    VI    &;    Utah   I   5;    Va.   IV   5S;    Wash.   I    13; 

Wis.  I   a;    Wyo,   I   17.) 
me;   adds  "insurrection".     (S.C.  I  23.) 
Privileges  not  to  be  suspended,  unless  when  in  ease  of  rebellion  or 
public   safety    may   require   it;    nor   in   any   case  but  by 
iture.     (Conn*  I    14;  Miss.  Ill  21;  R.I.  I  9.) 

to  be  suspended,  except  by  legislature  in  case  of  re- 
n,  when  public  safety  may  require  it.     (Ark.  II 

11.) 

of  writ  nut  to  be  suspended,  unless  when,  in  case  of  rebellion 

•'""■  ire    shall    declare    public    safety    requires   it. 

"(Tenn.  I  15.) 
ass  no   law   suspending  privilege  of   writ  of  habeas 

corpus.      (Md.  Ill  55.) 

tided,  except  in  case  of  rebellion  or  invasion, 

requires  it.  and  then  only  in  manner  prescribed 

by  law.      (Ida.  I  5;   Nebr.  I  8.) 


Index  Digest  747 


HABEAS   CORPUS,  WRIT   OF    (Cont'd) 
Suspension   (Cont'd) 

Privilege  not  to  be  suspended  by  legislature  except  on  the  most  urgent 
and  pressing  occasions  and  for  a  time  not  exceeding   12   months. 

(Mass.  Pt.  II  Ch.  VI  7.) 

Privilege  not  to  be  suspended  by  legislature,  except  on  the  most  urgent 

and  pressing  occasions  and  for  a  time  not  exceeding  three  months. 

(N.H.   II   90.) 

HAPPINESS,  RIGHT  TO  PURSUE  AND  OBTAIN,   See  Life,  Liberty  and 

Property. 
HEALTH,  See  Public  Health. 

HEREDITARY  DISTINCTIONS 

Hereditary  offices,  See  Public  Officers. 

Titles  of  nobility  prohibited.      (Ala.  I  29;   Ind.  I  35;  Ky.  19;  Me.  I  23.) 
No  law  to  be  passed  granting  any  title  of  nobility.     (Ore.  I  29;  Pa.  I  24; 

S.C.  I  8.) 
Hereditary   distinctions  prohibited.      (Ala.   I  29;    Del.   I   19;   Ind.   I   35; 

Ky.   23;    Me.    I   23.) 
No  law  to  be  passed  conferring  hereditary  distinctions.     (Ore.  I  29;  Pa. 

124.) 
Hereditary  honors  prohibited.     (Ala.  I  29;  Ark.  II  19;  Conn.  I  20;  Kan. 

B.R.  19*;  Me.  I  23;   Ohio  I  17;  Tenn.  I  30;  W.Va.  Ill  19.) 
Hereditary  honors  ought  to  be  prohibited.      (N.C.  I  30.) 
Hereditary  emoluments  prohibited.     (Ala.  I  29;  Ariz.  II  29;  Ark.  II  19; 
Conn.  I  20;   Kan.  B.K.   19;   Me.  I  23;   Ohio  I   17;   Tenn.  I  30;   Wash. 

I   28;    W.Va.    Ill    19.) 
No  law  to  be  passed  granting  hereditary  emoluments.      (S.C.  I  8.) 
Hereditary  emoluments  ought  to  be  prohibited.      (N.C.  I   30.) 
Hereditary  privileges  prohibited.      (Ala.  I  29;   Ariz.  II  29;   Ark.  II   19: 
Conn.  I  20;  Kan.  B.R.  19;  Me.  I  23;  Ohio  I  17;  Tenn.  I  30;   Wash.  I 

28;  W.Va.  Ill  19.) 
Hereditary  privileges  ought  to  be  prohibited.      (N.C.  I  30.) 
Hereditary  powers  prohibited.      (Ariz.  II  29;   Wash.  I  28.) 
Social  status  of  the  citizen  never  to  be  the  subject  of  legislation.      (Ga. 

I  Sec.   I   IS.) 
HIGHWAYS,  Bee  Roads. 

HISTORY 

Legislature  to  appropriate  not  less  than  $1,200  a  year  for  maintenance 
in  New  Orleans  of  memorial  hall  for  collection  and  preservation  of 
works  and  mementoes  of  Civil  War  and  other  objects  of  interest,  and 
may  appropriate  for  monuments  on  battlefields.      (La.  304.) 

Commissioner  of  public  lands  shall  collect,  classify  and  preserve  historical 

material.     (Md.  VII  4.) 

Legislature  may  provide  for  creation  of  commissioner  of  insurance,  statis- 
tics and  history,  whose  term  of  office,  duties  and  salary  to  be  prescribed 

by  law.      (Tex.  XVI  38.) 

Legislature  may  make  appropriations  for  preserving  memorials  of  history 
of  state  by  means  of  monuments,  statues  and  printing  of  documents  of 
historical' value.      (Tex.  XVI  39 .) 


State  Co  stitutions 


HISTORY      I 

for  col]  and  preserving  such  records,  rolls, 

imenis,  civil  and  military,  relating  to  his- 

.iv  be  willing  to  confide  to  state.     (Tex.  XVI 

45.) 

Military  Records,  Baxxers 

axd  Relics. 

HOME  RUL'  al  Home  Rule. 

HOMESTEADS.  'NS  from  Forced  Sale. 

hospitals,  6 

•igrat: 

■•-.    -   .    Ai.ii-:x>  —  Xatlralizatiox. 

iculture  and  immigration  to  be  recognized  as  part  of 

_   other  duties  to  adopt  needful  measures  for 

:  of  proper  immigration;  to  be  composed  of  one  member  from 

:    district,    appointed    by   governor   with   advice    and 

ite,  to  hold  office  for  six  years,  and  various  officers  to  be 

bers.      M  of  board  to  serve  without  compensation 

cxo.  j»t  actual  ■  jes.     I  La.  305,  30S.) 

Bureau  of  immi  .  labor  and  statistics  established  under  charge  of 

appointed   by  governor  with  consent  of  senate  to  hold 

rs  and  until  successor  qualified,  unless  sooner  removed. 

To  perform  duties  and  receive  compensation  prescribed  by  law.     Com- 

ncreased  during  term  of  office.      (Ida.  XIII  1,  8, 

V  27.) 
Bureau   of   statistics,   agriculture  and   immigration  to  be   established  in 

state  under  regulations  prescribed  by  law.     (Wash. 

II  34.) 

.irtmont  of  agriculture  and  immigration,  permanently  maintained  at 

litol   under  control  of  board  of  agriculture  and  immigration    (com- 

<>f  one  member   from   each   congressional   district,   appointed  by 

four  years,  subject  to  confirmation  by  senate,  and  presi- 

Lrginia  Polytechnic  Institute,  who  shall  be  ex  officio  member 

:■:    .      Powers  and  duties  of  board  to  be  prescribed  by  law,  but 

it  i  rid  remove  its  officers  and  establish  branches  in  the  state. 

•   of  agriculture  is  created  to  serve  for  four  years,  elected 

of  the  state,  whose  powers  and  duties  are  prescribed 

I  agriculture  and  immigration  until  otherwise  provided  by 

law.       (Va.    X    143.) 
•a    department    of    agriculture,    immigration    and 
under  gulatibns   a^   may   best   promote   agricultural 

(N".C.  Ill  17.) 

•l    under    charge   of    commissioner    of    agriculture. 

(Fla.  IV  26.) 
ropriate  public  money  for  establishment  of  bureau 
of  bringing  immigrants  into  state.      (Tex.  XVI 

56.) 
•    '    '  ropriate  any  public  money  for  establishment  and 

™  '  bureau  of.     (Okla.  V  48.) 


Index  Digest  749 


IMMIGRATION    (Cont'd) 

Commissioners  of  agriculture  to  devise  plans  to  secure  industrious  and 
useful  settlers;  plans  executed  as  prescribed  by  Legislature.    (Del.  XI  5.) 

To  be  encouraged.      (Ala.  I  30.) 

Legislature  may  restrain  and  regulate  immigration  of  persons  not  quali- 
fied to  become  citizens  of  United  States.      (Ore.  I  31.) 

Legislature  may  impose  conditions  upon  which  aliens  who  are  or  may 
become  vagrants,  paupers,  mendicants,  criminals  or  invalids  inflicted 
with  contagious  or  infectious  diseases,  or  aliens  otherwise  dangerous 
or  detrimental  to  the  welfare  or  peace  of  the  state,  may  reside  in  the 
state,  and  may  provide  means  and  mode  of  their  removal  from  the 
state  upon  failure  to  comply  with  such  conditions.  Presence  of  foreign- 
ers ineligible  to  become  citizens  of  United  States  dangerous  to  well- 
being  of  state,  legislature  to  discourage  their  immigration,  and  to 
prohibit  introduction  into  state  of  Chinese  after  adoption  of  consti- 
tution. (Cal.  XIX  1,  4.) 
IMMUNITIES 

See  Privileges. 

See  Life,  Liberty  and  Property. 

IMPAIRMENT  OF  OBLIGATION  OF  CONTRACTS,  See  Contracts. 

IMPEACHMENT 

For  provisions  excepting  cases  of  impeachment  from  requirement  of  in- 
dictment or  information,  See  Crimes  —  Form  of  Accusation. 
Officers  Impeachable 

Impeachment  not  allowed.      (Ore.  VII  6.) 

Xo  officers  specified  in  Idaho,  Xew  York  and  Xorth  Carolina. 
Governor,    lieutenant-governor,    attorney-general,    auditor,    secretary 
of  state,  treasurer,  superintendent  of  education,  commissioner  of 
agriculture  and  industries   and  justices  of  highest  court.     Legis- 
lature may  provide  for  impeachment  of  other  officers.     (Ala.  VII 

173,  174.) 

If  prisoner  taken  from  jail  or  from  custody  of  sheriff  or  deputy  and 

put  to  death,  or  suffers  grievous  bodily  harm  owing  to  neglect, 

connivance,  cowardice  or  other  grave  fault  of  sheriff,  sheriff  may 

be  impeached.     (Ala.  V  138.) 

Member  of  legislature  or  officer  exercising  judicial  functions  under 

laws  of  state  who  receives  free  passes  or  tickets  or  passes  at  a 

discount  other  than  as  sold  to  public  generally,  or  procures  same 

for  another,  shall,  on  conviction,  be  subject  to   impeachment  and 

removal  from  office.      (Ala.  XII  244.) 

Officers   of   executive  department   or   officers   or   managers   of   state 

institutions,  for  failure  to  make  report  when  required  by  governor, 

or  making  false  report.      (Ala.  V   121.) 

Governor   and  other   state   and  judicial   officers,   except   justices   of 

courts  not  of  record.     (Ariz.  VIII  Pt.  II  2.) 
Governor  and  all  state  officers,  judges  of  highest  and  circuit  courts, 

chancellors  and  prosecuting  attorneys.     (Ark.  XV  1.) 
Governor,  lieutenant-governor,  secretary  of  state,  comptroller,  treas- 
urer, attorney-general,  surveyor-general,  chief  justice  and  assistant 


Constitutions 


IMPEAC 

■art.  judges  of  district  court  of  appeals  and 
ants;    all   other  civil   officers   to   be  tried   for 
aor  jn  ,  legislature  may  provide.      (Cal.  IV  IS.) 

state  and  judicial  officers,  except  county  judges 
i"  the  peace.     (Colo.  XIII  2.) 
and    judicial    officers;    judges    of    highest    court    and    of 
irts.     (Conn.  IX  3.  Amend.  12.) 
and  civil  officers  under  state.      (Del.   VI  2.) 
dministrative  officers  of  executive  department,  justices  of 
high  •;  and  justices  of  circuit  court.     (Fla.  Ill  29.) 

who   shall   have   been,   or  may  be,   in   office.      (Ga.   Ill 

Sec.  VI  3.) 
and  civil  officers  of  state.     (111.  V  15.) 
1  Ind.  VI   7.) 

•  :    p  and  town  officers  as  prescribed  by  law.     (Ind. 

VI  8.) 
ges  of  the  highest  court  and  district  courts  and  other 

state  officers.      (Iowa  III  20.) 

c  officers   under  constitution.      (Kan.   II  28.) 

civil  officers.     (Ky.  6S.) 

or,  lieutenant-governor,  secretary  of  state,  auditor,  treasurer, 

ar  :    1.  superintendent  of  public  education,  railroad  com- 

ni:  -   and  all  elective  officers  for  whose  removal  constitution 

dogs  not  provide,  and  justices  and  judges  of  courts  of  record.     (La. 

217.) 
rs  under  this  state;  judicial  officers.     (Me.  IX  5,  VI  4.) 
-•  may  "  in  all  cases",  and  legislature  may  pro- 

:•■    ly    law    for    impeachment   of   governor;    judges    may   be   im- 
peached.    (Md.  Ill  26,  II  7,  IV  4.) 

te.      (Mass.  Pt.  II  Ch.  I  Sec.  II  S.) 
(Mich.    IX    1.) 

tary  of  state,  treasurer,  auditor,  attorney-general  and 

judges  of  highest  and  district  courts.     (Minn.  XIII  1.) 

r  and  civil  officers  of  state.      (Miss.  IV  SO.} 

or,  lieutenant-governor,  secretary  of  state,  auditor,  treasurer, 

""i'  ral,  superintendent  of  public  schools,  and  judges  of 

ircuit  and  criminal  courts,  and  of  the  St.  Louis  court  of 

appeals.      (Mo.  VII  1.) 
r  and  other  state  and  judicial  officers,  except  justices  of  the 

peace.     (Mont.  V  17.) 
Civil  officers  of  state.     (Xebr.  V  5.) 

•  ite  and  councillors.     (N.H.  II  37,  62.) 
and  civil  officers  under  state.      (X.J.  V  11.) 

and  judges  of  district  courts.     (X.M.  IV  36.) 
and  other  state  and  judicial  officers,  except  justices  of  the 

peace.      (Xev.  VII  2.) 

i  other  state  and  judicial  officers  (except  county  judges, 

I  the  peace  and  police  magistrates).      (N.D.  XIV  196.) 


Index  Digest  751 


IMPEACHMENT   (Cont'd) 

Officers  Impeachable    (Cont'd) 

Governor,  judges  and  state  officers.      (Ohio  II  24.) 

Governor  and  other  elective  state  officers,  including  justices  of  high- 
est court.      (Okla.  VIII   1.) 

Governor  and  civil  officers.     (Pa.  VI  3.) 

Executive  and  judicial  officers;   judges  may  be  impeached  for  official 

misdemeanor,      i  R.I.  XI  3,  X  4.) 

Governor  and  all  other  executive  and  judicial  officers.     (S.C.  XV  3.) 

Governor  and  other  state  and  judicial  officers  (except  county  judges, 
justices  of  the  peace  and  police  magistrates).     (S.D.  XVI  3.) 

Governor,  judges  of  highest  court,  judges  of  inferior  courts,  chan- 
cellors, attorneys  for  state,  treasurer,  comptroller  and  secretary  of 

state.     (Tenn.  V  4.) 

Governor,  lieutenant-governor,  attorney-general,  treasurer,  comptrol- 
ler, commissioner  of  general  land  office,  and  judges  of  highest 
court,  appellate  court  and  district  courts.      (Tex.  XV  2.) 

Governor  and  other  state  and  judicial  officers,  except  justices  of  the 

peace.      (Utah  VI  19.) 

State  criminals.     (Vt.  II  14.) 

Every  officer  of  state,  whether  judicial  or  executive.     (Vt.  II  54.) 

Governor,  lieutenant-governor,  attorney-general,  judges,  members  of 
state  corporation  commission  and  executive  officers  at  seat  of  gov- 
ernment and  officers  appointed  by  governor  or  elected  by  legisla- 
ture.     (Va.  IV  54,  XII  155.) 

Governor  and  other  state  and  judicial  officers,  except  judges  and 
justices  of  courts  not  of  record.     (Wash.  V  2.) 

Officers  of  state.     (W.Va.  IV  9.) 

Civil  officers  of  state.     (Wis.  VII  1.) 

Governor  and  other  state  and  judicial  officers,  except  justices  of  the 

peace.     (Wyo.  Ill  18.) 
Grounds  for 

No  grounds  are  specified  in  Connecticut,  Idaho,  Georgia,  Maryland, 
New  York,  North  Carolina,  South  Carolina  and  Texas;  in  Oregon 
impeachment  is  not  allowed.      (Ore.  VII  6.) 

Wilful  neglect  of  duty,  corruption  in  office,  incompetency,  intem- 
perance in  use  of  liquors  or  narcotics,  or  offense  involving  moral 
turpitude  while  in  office.      (Ala.  VII   173.) 

Failure  to  make  report  when  required  by  governor  or  making  false 
report,  by  officers  of  executive  department  or  officers  or  managers 
of  state  institutions.      (Ala.  V  121.) 

If  prisoner  taken  from  jail  or  from  custody  of  sheriff  or  deputy  and 
put  to  death,  or  suffers  grievous  bodily  harm  owing  to  neglect, 
connivance,  cowardice  or  other  grave  fault  of  sheriff,  sheriff  may 

be  impeached.     (Ala.  V  138.) 

Member  of  legislature  or  officer  exercising  judicial  functions  under 
laws  of  state  who  receives  free  passes  or  tickets  or  passes  at  a 
discount  other  than  as  sold  to  public  generally,  or  procures  same 
for  another,  shall,  on  conviction,  be  subject  to  impeachment  and 
removal  from  office.      (Ala.  XII  244.) 


Co  snnrao 


IMPEACH.V 

I'd) 

:.-.■:.  .mors   or  malfeasance  in   office.      (Ariz.   VIII 

Pt.  II  2;  Utah  VI  19.) 
E  and  misdi  meanors  and  gross  misconduct  in  office.     (Ark. 

XV  1.) 
(Cal.  IV  IS;   Fla.  Ill  29;   111.  V  15:   Kan. 
II  B8;  Ky.  68;  Me.  IX  5;  N.J.  V  11;  Ohio  II  24;  Pa.  VI  3.) 

.   misdemeanor,  or  malfeasance  in  office.      (Colo.  XIII 

2;  Wash.  V  2.) 
y  or  high  crime  or  misdemeanor  in  office.      ( Del.  VI 

2;  Miss.  IV  50.) 
incapacity  or  negligence.     (Ind.  VI  7.) 
Misdemeanor  or  malfeasance  in  office.     (Iowa  III  20;  Xev.  VII  2.) 
High  crimes   and  misdemeanors,  for  nonfeasance  or  malfeasance  in 
of]  incompetency,  for  corruption,  favoritism,  extortion   or 

.  in  office,  or  for  gross  misconduct,  or  habitual  drunken- 
ness.     (La.  217.) 
Misconduct  and  maladministration  in  office.      (Mass.   Pt.   II  Ch.  I 

Sec.  II  S.) 
rujit  conduct  in  office  or  for  crimes  and  misdemeanors.      (Mich. 

XI   I;   Minn.  XIII   1:   Wis.  VII  1.) 
Iliidi  irimes  or  misdemeanors,  and  for  misconduct,  habits  of  drunk - 
or  oppression  in  office.      (Mo.  VII  1.) 
-  and  misdemeanors,  or  malfeasance  in  office.      (Mont.  V 

17;  Wyo.  Ill  18.) 
Misdemeanor  in  office;  drunkenness.     (Xebr.  V  5.  XIV  3.) 
Bril  rruption,    malpractice    or    maladministration    in    office. 

(X.H.  II  37.) 
misdemeanors  and  malfeasance  in  office.     (N.M.  IV  36.) 
H  ibitual   drunkenness,  crimes,  corrupt  conduct,  or  malfeasance,   or 

r   in   office.      (X.D.   XIV   196.) 
Drunkenness  and  excessive  use  of  intoxicating  liquors  while  in  office. 

(Okla.  II  11.) 

Wilful   neglecl    of  duty,  corruption  in  office,  habitual   drunkenness, 

m"  f  offense  involving  moral  turpitude  while  in  office. 

(Okla.  VIII  1.) 
ial  misdemeanor    i  in  case  of  judges).      (R.I.  X  4.) 

crimes,    corrupt    conduct,    or   malfeasance    or    misde- 
meanor  n.  office*     ■>.]).  XVI  3.) 

1  'ril:  i:l1  capacity  which  may  require  disqualification.     (Tenn. 

V  4.) 
ladmini8tration.     (Vt.  II  54.) 

Malfeasance    in    office,    corruption,   neglect   of    duty   or    other   high 

crime  nr  misdemeanor.      (Ya.  IV  54.) 
Maladministration^  corruption,  incompetency,  gross  immorality,  neg- 
i'<t  ,.i  .luiy  ,ir  hi<.r],  erime  ot  wifidemeanon,     (W.Va.  IV  9.)" 
Imitmhmkm   Aim:::  Ijavi.m;  Office 

All    pen.  Dfl  who  shall  have  been  or  may  be  in  office  may  be  im- 
peached.    (Ga.  Ill  Sec.  VI  3.) 


Index  Digest  7 5'5 


IMPEACHMENT  [Cont'd) 

Impeachment  After  Leaving  Office    (Cont'd) 

During  continuance  in  office  and  for  two  years  thereafter.      (X.J. 

V  11.) 
Impeachment  allowed  "  either  when  in  office  or  after  resignation  or 

removal".      (\'t.    II   54.) 
Charges  Preferred  by  Whom 
Lower  House 

Xc?  provision  as  to  number  of  votes  necessary.  (Ala.  VII  173; 
Ark.  XV  2;  Cal.  IV  17;  Conn.  IX  1;  Ga.  Ill  Sec.  VI  3;  Ida. 
V  4;  Iowa  III  19;  Kan.  II  27;  Ky.  66;  La.  21S;  Me.  IV 
Pt  I  S;  Mass.  Pt.  II  Ch.  I  Sec.  II  8;  Mo.  VII  2;  X.H.  II  16, 
37;   X.C.   IV  4;   Okla.   VIII   3;   Pa.  VI   1;   Tenn.   V   1;    Tex. 

XV  1;  Va.  54;  W.Va.  IV  9.) 
By  majority  of  all  members.      (Ariz.  VIII  Pt.  II  1;  Colo.  XIII 
1;  Mont.V  16;  X.J.  VI  Sec.  Ill  1;  Wash.  V  1;  Wyo.  Ill  17.) 
By  majority  of  members  elected.     (111.  IV  24;  Md.  Ill  20;  Mich. 
IX   1;   Minn.  IV  14;   Xev.  VII  1;  X.M.  IV  35;   X.Y.   VI    13; 
X.D.  XIV  194;  Ohio  II  23;  S.D.  XVI  1;  Wis.  VII  1.) 
By  two-thirds  vote  of  members.      (Vt.  II  14,  53.) 
By  two-thirds  vote  of  all  members.      (Del.  VI  1.) 
By  two-thirds  vote  of  members  elected.     ( Ind.  VI  7 ;  S.C.  XV  1 ; 

Utah  VI  17.) 
By   two-thirds   vote    of   members   elected    (for   impeachment   of 

governor).     (B.I.  XI  1.) 
By  two-thirds  vote  of  members  present.      (Fla.  Ill   29;    Miss. 

IV  49.) 

Both  Houses  in  Joint  Convention 

By  majority  of  members  elected;  resolution  to  impeach  may  be 
by  either  house,  and  other  house  at  once  notified;  joint  con- 
vention to  be  held  within  three  days.      (Xebr.  Ill  14.) 

Copt  of  Charges 

Copy  of  impeachment  served  on  officer   impeached  at  least.  20  days 

prior  to  trial.      (Minn.  XIII  5;  X.D.  XIV  200;   S.D.  XVI  7.) 
Copy  of  impeachment,  attested  and  setting  forth  time  and  place  of 
trial,  served  on  person  impeached  at  least  14  days  prior  to  trial. 

(X.H.   II   37.) 
Copy  of  impeachment  served  on  officer  impeached  at  least   10  days 

prior  to  trial.     (Utah  VI  20.) 

Suspension  of  Officer  Pending  Proceedings 

Officer  not  to  exercise  duties  of  office  after  impeachment  and  before 
acquittal.  (Fla.  Ill  34;  Minn.  XIII  3;  Xebr.  Ill  14;  X.M.  IV  36; 
X.D.  XIV  198;  K.I.  XI  1;   S.C.  XV  1;   S.D.  XVI  5;   Tex.  XV  5; 

Utah  VI  20.) 
Legislature  may  provide  for  suspending  officer  "  pending  impeach- 
ment or  prosecution  for  misconduct  in  office".     (Colo.  XII  1;  Wyo. 

VI  Elections  4.) 


State  <  dtions 


IMPEACHMENT     -  ' 

Proceedings   (Oo»*rf) 

cnor   or   acting  governor,   suspended 
ng  pendencj   of  impeachment,  except  as  otherwise 
tution.     (La.  219.) 

ise  duties  of  office  after  impeachment  and 

,itlal.      (:,,VIS,,  III  2;   X.Y.  VI  13;  Wis.  VIII.) 

may  make  provisional  appointment  to  fill  vacancy 

n,l    or   until    election    and   qualification   of   successor. 

(Mich.  IX  4,  5.) 

.     ancy  caused  by  suspension  filled  by  appointment  by 

governor.     (Fla.  Ill  34;  Tex.  XV  5.) 

incy  caused  by  suspension  filled  by  appointing  power. 

(La.  219.) 
try  vacancy  caused  by  suspension  filled  as  prescribed  by  law. 

(S.C.  XV  1.) 

Governor. 
r  may  appoint   person  to   discharge  duties  of  office  during 
Lused  by  impeachment  of  judge  of  highest  court.     (R.L 

X  5.) 

.:  \L 

Composition  of  Court 

Trial  by  senate.     (Ala.  VII  173:  Ariz.  VIII  Pt.  II  1;  Ark.  XV  2; 

1.  IV   17;   <  olo.  XIII   1;   Conn.   IX  2;   Del.  VI   1;   Fla.  Ill 

29;  Ga.  HI  Sec.  V  3;  Ida.  V  3;  111.  IV  24;  Ind.  VI  7;  Iowa 

III  L9;  Kan.  II  27:  Ky.  G7 ;  La.  218;  Me.  IV  Pt.  II  7;  Md.  Ill 
26;  Mass.  Pt.  Jl  Ch.  I  Sec.  II  8,  Sec.  Ill  6;  Mich.  IX  3;  Minn. 

IV  14;  Miss.  IV  49;  Mo.  VII  2;  Mont.  V  16;  Nev.  VII  1; 
X.M.  II  16,  37:  X.-T.  VI  Sec.  Ill  1:  X.M.  IV  35;  N.C.  IV  3; 
X.I).  XIV  19.5;  Ohio  II  23;  Okla.  VIII  4;  Pa.  VI  2;  R.I.  XI 
2;  S.C.  XV  2;  S.D.  XVI  2;  Tenn.  V  2;  Tex.  XV  2;  Utah 
VI    18;   \t.  II  .VI:  Va.  54;  Wash.  V  1:  YY.Va.  IV  9;  Wis.  VII 

1;  Wyo.  Ill  17.) 

irt  for  trial  of  impeachments  to  consist  of  president  of  senate, 

itors,  or  major  part  of  them,  and  judges  of  highest  court, 

or  major  part  of  them.     (X.Y.  VI  13.) 

Trial  by  highest  court,  unless  member  of  that  court  impeached, 

in  which  case  court  composed  of  all  judges  of  district  courts. 

(XTebr.  Ill  14.) 

On  trial  of  governor,  lieutenant-governor  not  to  act  as  member  of 

■irt.      (Ky.  S4;  Minn.  XIII  4;  N.Y.  VI  13;  N.D.  XIV  199; 

S.D.  XVI  6;  Wis.  VII  1.) 
<  »n   trial  of  lieutenant-governor,  he  is  not  to  act  as  member  of 

court.     (N.Y.  VI  13.) 

ority  of  the  members  to  constitute  quorum.      (N.C.  IV  3.) 

members  elected  to  constitute  quorum.     (Ida.  V  3.) 

ite  to  be  clerk  of  impeachment  court.      (X.J.  VI 

Sec.  Ill  4.) 
■'alary  of  members  of  legislature  during  proceedings,  See  Legis- 
lature. 


Index  Digest  755 


IMPEACHMENT  (Cont'd) 
Trial   (Cont'd) 

Presiding  Officer 
In  General 

When  member  of  highest  court  on  trial,  all  judges  of  district 
courts    to    elect    one   of    their    own    members    to    preside. 

(Nebr.  Ill  14.) 
Chief    justice,   unless    impeached    or    otherwise   disqualified, 

when  senate  selects  a  presiding  officer.     (Ark.  XV  2.) 
Chief  justice  or  presiding  justice  of  highest  court;   if  chief 
justice  disqualified,  senate  to  select  judge  of  that  court  to 

preside.      (Ga.  Ill  Sec.  V  4.) 
-     Chief  justice  of  highest  court  to  preside;  if  he  is  on  trial  or 
otherwise  disqualified,  senate  to  elect  judge  of  that  court 
to  preside.     (Ariz.  VIII  Pt.  II  1.) 
Chief  justice,  or  if  absent  or  disqualified,  one  of  associate  jus- 
tices of  highest  court  selected  by  it.     If  all  members  of 
court  are  absent  or  disqualified  or  in  case  of  impeachment 
of  justice  of  highest  court,  senate  to  elect  one  of  its  own 
members  as  presiding  officer.     (Okla.  VIII  3.) 
Chief  justice,  and  if  improper  for  him  to  act,  any  judge  of 

that  court  designated  by  it.      (W.Va.   IV   9.) 
Chief  justice,  except  on  his  trial,  when  governor  to  preside. 

(Fla.  Ill  29.) 
Chief  justice,  or,  if  disqualified,  senior  justice,  "  with  casting 

vote,  in  all  preliminary  questions".      (S.C.  XV  2.) 
Chief  justice,  or,  if  he  is  on  trial,  senior  associate  justice. 

(Term.  V  2.) 
When  Governor  on  Trial 

Chief  justice.      (Colo.  XIII    1;   Conn.   IX  2;   Ida.  V  4;   111. 
IV   24;    Ky.   84;    Mich.   IX   3;    Mont.  V   1G;    Mo.   VII   2; 
Nev.  VII  1;  N.M.  IV  35;  X.C.  IV  4;  X.D.  XIV  195;  S.D. 
XVI  2;  Utah  VI  18;  Wash.  VI  1:  Wyo.  Ill  17.) 
Chief  justice,  with  "■  casting  vote,  in  all  preliminary  ques- 
tions ;'.       I  R.I.    XI    2.) 
Chief  justice,  but  to  have  no  vote.     (X.H.  II  39.) 
Chief  justice,  or  senior  associate  justice.     (La.  218.) 
Chief  justice ;  when  he  is  disabled,  or  disqualified,  or  refuses 
to  act,  judge  next  oldest  in  commission.      (Miss.  IV  52.) 
Chief  justice,  or   if  absent  or  disqualified,  one  of  associate 

justices  of  that  court  selected  by  it.     (Ala.  VII  173.) 
Chief   justice,   or    if   he   is   absent   or   disabled,   chancellor. 

(Del.  VI  1.) 
When  Lieutenant-Governor  on  Trial 

Chief  justice.     (Colo.  XIII  1;  Mich.  IX  3;  Mont.  V  16;  Xev. 
VII  1;  N.D.  XIV  195;  N.M.  IV  35;  S.D.  XVI  2;   Wash. 

V  1.) 
Chief    justice,   or   if   he   is   absent   or   disabled,    chancellor. 

(Del.  VI  1.) 
Chief  justice,  or  if  absent  or  disqualified,  one  of  associate 
justices  of  that  court  selected  by  it.     (Ala.  VII  173.) 


j  Stat]    Constitutions 


IMPEACHMENT     I 

Time  of  Holding 

r  final  adjournment.     (Mich.  IX  2;  Tenn.  V  3.) 

I  during  recess  of  legislature.     (Va.  IV  54;  W.Va. 

IV  9.) 
when  lower  house  not  in  session.     (Fla.  Ill  29; 

La.  218.) 

limitation  of  length  of  biennial  session  not  to  apply  when  im- 

ente    are   pending.      (Ark.   V   17.) 

.   adjourn  trial  from  time  to  time.     (La.  21S.) 

may  adjourn  to  such  time  and  place  as  deemed  proper, 

though  legislature  not  assembled  on  such  day  or  at  such  place. 

(N.H.  II  35.) 
ate  may  adjourn  to  fixed  day  not  more  than  six  months  after 

charges  preferred.      (Fla.  Ill  29.) 
ailed  provisions  as  to  assembling  of  lower  house  during  recess 
to  prefer  charges  against  governor,  lieutenant-governor  or  act- 
ing governor,  and  of  senate  to  try  such  charges.      (Ala.  VII 

173.) 

Within   10  days  after  notice  served  on   chief  justice  of  highest 

court  or    (if  member  of  highest  court  impeached)    within  30 

da\s  after  notice  to  all  judges  of  district  courts.      (Nebr.  Ill 

14.) 
Procedure 

Members  of  court  on  oath  or  affirmation.     (Ala.  VII  173;  Ariz. 

VIII  Pt.  II  1;   Ark.  XV  2;  Cal.  IV  17;   Colo.  XIII  1;  Conn. 

IX  2;  Del.  VI  1;  Fla.  Ill  29;  Ga.  Ill  Sec.  V  4;  Ilk  IV  24; 
Iowa  III  19;  Ky.  67;  La.  218;  Me.  IV  Pt,  II  7;  Md.  Ill  26; 
Mich.  IX  3;  Minn.  IV  14;  Mont.  V  16;  Nev.  VII  1;  N.H.  II 
37;  X.J.  VI  Sec.  Ill  1;  N.M.  IV  35;  N.Y.  VI  13;  N.D.  XIV 
195;  Ohio  II  23;  Okla.  VIII  4;  Pa.  VI  2;  E.I.  XI  2;  S.C.  XV  2; 
SLD.  XVI  2;  Tenn.  V  2;  Tex.  XV  3;  Utah  VI  IS;  Vt.  II  54; 
Va.  54;  Wash.  V  1;  W.Va.  IV  9;  Wis.  VII  1;  Wyo.  Ill  17.) 

Members  of  court  sworn.     (Kan.  II  27;  Mass.  Pt.  II  Ch.  I  Sec. 

II  8;  Miss.  IV  49;. Mo.  VII  2.) 
Lower  house  elects  three  members  to  prosecute.      (Mich.  IX  2; 

Tenn.  V  3.) 
]'•  rson  impeached  may  produce  witnesses  and  proof   and  may 

appear  by  counsel.     (X.H.  II  37.) 
nt  may  be  rendered  if  person  impeached  does  not  appear. 

(N.H.  II  37.) 
Number  Necessary  for  Conviction 

No  provision  made  in  Alabama,  Massachusetts  and  New  Hamp- 
shire, 
of  members.     (Ark.  XV  2;  Ohio  II  23.) 
thirda  of  all  members.     (Del.  VI  1;  N.J.  VI  Sec.  Ill  1.) 
faro-thirds  of  numbers  of  court.      (Nebr.  Ill   14.) 

bers  elected.     (Ariz.  VIII  Pt,  II  2;  Cal.  IV 
17  :  Colo.  XIII  1;  Ida.  V  4;  111.  IV  24;  Ind.  VI  7;  Kan.  II  27; 


Index  Digest  757 


IMPEACHMENT   (Cont'd) 
Trial   (Cont'd) 

Number  Necessary  for  Conviction    (Cont'd) 

Md.  Ill  26;   Mich.  IX  3;  Mont.  V  16;   Nev.  VII  1;  N.M.  IV 
35;  N.D.  XIV  195;  E.I.  XI  2;   S.C.  XV  2;  S.D.  XVI  2;  Utah 

VI  18;  Wash.  V  1;  Wyo.  Ill  17.) 
Two-thirds  of  members  to  which  senate  entitled  under  appor- 
tionment.    (W.Va.  IV  9,  VI  32.) 
Two-thirds   of   members   "  sworn  to   try   the   officer   impeached ". 

(Tenn.  V  2.) 

Two-thirds   of  members   present.      (Conn.    IX   2;    Fla.   Ill   29; 

Ga.  Ill  Sec.  V  4;  Iowa  III  19;  Ky.  67;  La.  218;   Me.  IV  Pt. 

II   7;   Minn.  IV   14;   Miss.   IV  52;    Mo.  VII  2;   N.Y.  VI   13; 

N.C.  IV  3;  Okla.  VIII  4;   Pa.  VI  2;  Tex.  XV  3;  Vt.  II  54; 

Va.  54;  Wis.  VII  1.) 

Limits  of  Judgment 

Xot  to  extend  beyond  removal  from  office.      (Mich.  IX  3;  Okla.  VIII 

5;   R.I.  XI  3;  S.C.  XV  3.) 
Xot  to  extend  beyond  removal   from   office  and  disqualification  to 

hold  office  in  state.      (Ida.  V  3;  N.C.  IV  3.) 
Not   to   extend   beyond   removal   from   office    and   disqualification   to 

hold  office  under  authority  of  state.      (Ohio  II  24.) 
Not  to   extend   beyond   removal   from   office    and   disqualification   to 

hold  office  under  authority  of  state  during  term  for  which  elected 

or  appointed.     (Ala.  VII  176.) 
Not   to   extend   beyond   removal    from   office   and   disqualification   to 

holding   office   of   trust   or   profit  under   state.      (N.D.   XIV   196; 

Pa.  VI  3;   S.D.  XVI  3.) 
Not  to  extend  beyond  removal  from  office  and  disqualification  to  hold 

office  of  honor,   trust  or   profit  in   state.      (Ariz.  VIII  Pt.   II   2; 

Colo.  XIII  2;  Ga.  Ill  Sec.  V  5;  Minn.  XIII  1;  Miss.  IV  51;  Nebr. 

Ill  14,  20;  Utah  VI  19;  Wash.  V  2.) 
Not  to  extend  beyond   removal  from   office   and  disqualification  to 

hold  office   of  honor,   trust   or   profit  under   state.      (Ark.   XV   1; 

Cal.  IV  IS;   Conn.  IX  3;   Del.  VI  2;   Fla.  111*29;   Iowa  III  20; 

Ky.  68;  La.  21S;  Mass.  Pt,  II  Ch.  I  Sec.  II  8;  Me.  IV  Pt.  II  7; 

Mo.  VII  2;   Nev.  VII  2;   N.J.  VI  Sec.  Ill  3;    N.Y.  VI   13;   Tex. 

XV  4;  Vt.  II  54;  Va.  IV  54;  W.Va.  IV  9;  Wis.  VII  1.) 
Not  to  extend  beyond  removal  from  office  and  disqualification  to  hold 

office  of  profit,  honor  or  trust  under  constitution.      (Kan.  II  2S.) 
Not  to  extend  beyond  removal  from  office  and  disqualification  to  hold 

office  of  honor,  profit  or  trust  under  the  government  of  this  state. 

(111.  IV  24.) 
Not  to  extend  beyond  removal  from   office   and   disqualification   to 

hold  office  of  honor,  trust  or  profit  under  laws  of  state.     (Mont.  V 

17;  Wyo.  Ill  18.)" 
Not  to  extend  beyond  removal  from  office  and  disqualification  to  hold 

place  of  honor,  trust  or  profit  under  state.     (N.H.  II  3S.) 


75a  State  <  oustitutions 


IMPEACH.' 

nd  removal  from  office  ami  disqualification  to  hold 
I    or  profit,  or  to  vote  under  laws  of  state. 

(N.M.  IV  36.) 
nd  removal  from  office  and  disqualification  to  fill 
nn  legislature  may  relieve  from  penalties  any  person 
holding  office  by  judgment  of  court  of  impeach- 
ment.     (Tenn.  V  4.) 

:.t  and  punishment  as  provided  by  law.     (Ala.  VII 

XV  1:  Ariz.  VIE  Pt.  II  2;  Gal.  IV  IS;  Colo.  XIII  2; 

.  IX  3  j   Del.  VI  2;  Fla.  Ill  29;  Ga.  Ill  Sec.  V  5;  Ida.  V  3; 

!\    24;    [owa    HI   20;    Kan.  II  28;  Ky.  68;   La.  218;   Me.  IV 

l't.  II  7:   Mass.  Pt.   II  Ch.  I  Sec.  II  S;  Mich.  IX  3;  Minn.  XIII  1; 

;    Mo.  VII  2 j  Mont.  V  17;  Nebr.  Ill  14;  Nev.  VII  2; 

X.ll.  II   :;s;   N.J.  VI  Sec.  Ill  3;  X.M.  IV  36;  N.Y.  VI  13;   N.C. 

D.  XIV  196;  Ohio  II  24;  Okla.  VIII  5;  Pa.  VI  3;  R.I. 

3.C.  XV  3;   S.D.  XVI  3;  Tenn.  V  4;  Tex.  XV  4;   Utah  VI 

;.   II   54;   Va.  IV  ;34;   Wash.  V  2;  W.Va.  IV  9;  Wis.  VII  1; 

Wyo.  Ill  18.) 
ivil  action  according  to  law.     (X.M.  IV  36.) 

to   impeachment  twice   for   same   offense.      (X".D. 

XIV  201;   S.D.  XVI  8.) 

ichment  expressly  excepted  from  right  to  grant  pardons.      (Ala. 

(24;  Ariz.  V  5;  Ark.  V]  18;  Cal.  VII  1;  Colo.  IV  7;  Del.  VII  1; 

Fla.    IV    12:    Ga.    V    Sec.    I    12:    Ida.    IV    7;    Ind.    V    17:    Iowa 

IV  16;   Ky.  77:  La.  70;  Me.  V  Pt.  I  11;  Md.  II  20;  Mass.  Pt.  II 

Ch.   II  Sec.  I  8;   -Midi.  VI  9;  Minn.  V  4;  Miss.  V  124;  Mo.  V  S; 

lit.   VII   9:   Nebr.   V   13;    Xev.  V   14;   N.H.  II  51;   N.J.  V   10; 

i.   V  6;   X.V.   IV  :.:  X.C.  Ill  6;  X.D.  Ill  76;  Ohio  III  1;  Okla. 

10;    Pa.   IV   9;    I!.r.  Amend.  2;   S.C.  IV  11;   S.D.  IV  5;   Tenn. 

6;  Tex.  IV  11;  Utah  VII  12;  Vt.  II  20;  Va.  V  73;  W.Va.  VII 

11;  Wis.  V  6;  Wyo.  IV  5.) 
n  of  impeachment  from  right  to  grant  pardons. 
(111.  V   13;    Kan.   I  7:  Wash.  Ill  9.) 

ii  for  granting  pardons  in   any  cases  is  found  in  Con- 
necticut. 
linn ni    j<  nut   allowed.      (Ore.  VII  6.) 

"ted    from    right    to    grant    reprieves. 

24;    Ariz.    V  7, ;    Ark.   VI    IS;    Cal.  VII   1;    Colo.   IV   7; 

IV    10;   Del.  VII    I;    Fla.  IV  11;  Ga.  V  Sec.  I  12;  Ida.  IV 

Iowa  IV   16;   Ky.   77:   Me.  V  Pt.  I  II;   Md.  II  20; 

Minn.  V   1:   Miss.  V  124;  Mo.  V  8;  Mont.  VII  9;  Nebr. 

V   13;   \..l.  V  9;  X.M.  V  6;  X.V.  IV  5;  N.C.  Ill  6;  N.D. 

Ohio  III    1:  okla.  V]   Hi:    Pa.  IV  9;  E.I.  Amend.  2;  S.C. 

,v    "'■   Tenn.  Ill   6;    Tex.  IV   11;   Utah  VII  12;  Vt. 

M  20;    Va.   V  7::-.   W.Va.  VII   11:   Wis.  V  6;  Wyo.  IV  5.) 


Index  Digest  759 


IMPEACHMENT  [Cont'd) 
Reprieves   ( Cont'd ) 

No  specific  exception  of  impeachment  from  right  to  grant  reprieves 

"for  all  offenses".      (111.  V  13;  La.  70.) 
No  specific  provision  for  granting  reprieves  in  any  cases  is  found  in 
Kansas,    Massachusetts,    New    Hampshire    and    Washington,    but 
Massachusetts  and  New  Hampshire  except  impeachment  from  the 
right  to  grant  pardons.     (Kan.  I  7;  Mass.  Pt.  II  Ch.  II  Sec.  I  8; 

X.H.  II  51;  Wash.  Ill  9.) 
Impeachment  not  allowed.      (Ore.  VII  6.) 

Removal  of  Disabilities 

Act  of  legislature  alone  may  remit  or  mitigate  punishment.     (Vt.  II 

20.) 
Impeachment  expressly  excepted  from  right  to  grant  commutation  of 
punishments.  (Ala.  V  124;  Ariz.  V  5;  Ark.  VI  18;  Cal.  VII  1; 
Colo.  IV  7;  Del.  VII  1;  Fla.  IV  12;  Ga.  V  Sec.  I  12;  Ida.  IV  7; 
Ind.  V  17;  Iowa  IV  16;  La.  70;  Ky.  77;  Me.  V  Pt.  I  11;  Mich. 
VI  9;  Mo.  V  S;  Mont.  VII  9;  Nebr.V  13;  Nev.  V  14;  N..Y.  IV  5; 
N.C.  Ill  6;  N.D.  III  76;  Ohio  III  1;  Okla.  VI  10;  Pa.  IV  9; 
.S.C.   IV    11;    S.D.   IV   5;    Tex.    IV   11;    L'tah   VII    12:    Wis.   V   6; 

Wyo.  IV  5.) 
No  express  exception  of  impeachment  from  right  to  commute  punish- 
ment "for  all  offenses".  (111.  V  13.) 
No  specific  provision  for  granting  commutations  of  punishments  in 
any  cases  is  found  in  (Conn.  IV  10;  Kan.  I  7;  Md.  II  20;  Mass. 
Pt  II  Ch.  II  Sec.  I  8;  Minn.  V  4;  Miss.  V  124;  X.H.  II  51;  N.J. 
V  10;  N.M.  V  6;  R.I.  VII  4;  Term.  Ill  6;  Vt.  II  20;   Va.  V  73; 

Wash.  Ill  9;   W.  Va.  VII   11.) 
Impeachment  not  allowed.      (Ore.  VII  6.) 

IMPRISONMENT  FOR  DEBT 

Prohibited  in  General 

For  exceptions  to  general  rule,  .Sec  below,  this  title,  Exceptions. 

In   all  cases.      (Ala.  I  20;   Ariz.   II   IS;    Colo.  II   12;    Fla.  D.R.   16 
Ga.  I  Sec.  I  21;   Ida.  I   15;   111.  II   12;   Ind.  1  22;   Kan.  B.R.   16 
Md.  Ill  38;   Minn.'l   12;   Miss.  Ill  30;   Mo.  II   16;   Mont.  Ill   12 
Nev.  I  14;   N.J.  I   17;  N.C.  I  16;  N.D.  I   15;   Okla.  II   13;   Ore.  I 
19;  S.C.  I  24;  Tex.  I  18;  Utah  I  16;  Wash.  I  17;  Wyo.  I  5.) 

In  all  civil  actions.      (Ark.  II  16;  Cal.  I  15;  Iowa  I   19;  Nebr.  I  20; 

N.M.  II  21:   Ohio  I    i:> :  Tenn.  I  IS.) 

In  all  cases  after  debtor  has  delivered  up  his  estate  in  manner  pre- 
scribed by  law.      (Ky.  B.R.   IS;   Pa.  I  16;  Vt.   II   32.) 

In  all  cases  after  debtor  has  delivered  up  his  estate  in  manner  "pro- 
vided by  law,  he  ought  not  to  be  continued  in  prison.     (R.I.  I  11.) 

In  all  cases  of  militia  fines  in  time  of  peace.      (Cal.  I  15;  Iowa  I  19; 
Mich.   II   20;    Nev.   I   14:    N.J.   I    17.) 

In  all  cases  arising  out  of  or  founded  on  contract      (Mich.   II  20; 
N.J.  I  17;  S.D.  VI  15;  Wis.  I  16.) 


State  Constitutions 


IMPRISONMENT  FOR  DEBT   [Cont'd) 

Xriz.  II  18;  Ark.  II  16:  Cal.  I  15;  Fla.  D.R.  16;  Ida.  I  15 
1  22-    [owa  I  19-;  Kan.  B.  R.  10;  Mich.  II  20;  Minn.  I  12 
\,v.  I  14:  X.J.  I  17:  X.C.  I  16;  Ohio  I  15;  Ore.  I  19 
Pa.  I  16;   S.C.  I  24;   Wyo.  I  5. 
prion   of   fraud.      (Colo.   II    12;    111.   II   12:    Ky.    18 
N.D.  I  15;  R.I.  I  11;  Vt.  II  32. 
strong  presumption  of  fraud.      (Mont.  Ill  12.) 
,lo.  II   12;  N.D.  I  15.) 
ilful  injury  to  person  or  property.      (Cal.  I  15.) 

Lil  1   I*-) 

Nev.  I  14.)  m 

t  of  fines  and  penalties   imposed  for  violations  of  law. 
'  '    "  (Mo.  II  16;  Okla.  II  13.) 

to  deliver  up  estate  for  benefit  of  creditors  in  manner  pre- 
law.     (Colo.  II  12;  111.  II  12;  Mont.  Ill  12;  N.D.  I  15.) 
debtors.      (Ore.  I   19;   Utah  I   16;   Wash.  I   17.) 
illected  bv  public  officers  or  persons  in  professional  employ- 
ment.     (Mich.  II  20.) 
ich  of  trusts.     (Mich.  II  20.) 

INDIANS 

1QC0R. 

I    VWTIOX. 

-   •—  ni    \I.II-ICATlnNS      AND      DISQUALIFICATIONS      OF 

Electors. 

lima  right  and  title  to  land  owned  ot  held  by  Indian  or  Indian 

tn  .   until   title  extinguished  by   United   States   same  to  remain 

f.ul       •   •     disposition  of  United  State9  and  under  absolute  jurisdiction 

*ress.      (Ida.  XXI    lU:  Mont.  I  2:   X.D.  XVI  203; 

S.D.  XXII  2,  XXVI  IS;  Utah  III  1;  Wash.  XXVI  2;  Wyo.  Ordinance.) 

ims  right  and  title  to  lands  owned  or  held  by  Indian  or  Indian 

tribes,  right  or  title  to  which  acquired  through  or  from  United  vStates 

or   any   prior   sovereignty,    and   until   title   of   such   Indian   or   Indian 

tribes  extinguished,  to  remain,  subject  to  disposition  and  under  absolute 

ction  and  control  of  Congress.     (Ariz.  XX  4;  X.M.  XXI  2.) 

lims  right  and  title  to  land  owned  or  held  by  Indian,  tribe  or 

nation,  and  until  title  extinguished  by  United  States  to  remain  subject 

tion,  disposal  and  control  of  United  States.      (Okla.  I  3.) 

ts  for  sale  of  lands  made  since  October  14,  1775,  made 

of  or  with  Indians,  not  to  be  valid  unless  made  under  authority  and 

'ature.      (  X.V.  I    15.) 

in  laws  of  United  States,  or  any  treaties  with  the  Indian  tribes 

in  i  deprive  any  Indian  or  other  allottee  of  benefit  of  homestead 

an  laws  of  state;  provision  may  be  changed  or  amended  by 

legislature.     (Okla.  XII  1,  3.) 

taxed   who   have   not    severed   tribal   relations   and    adopted 

tiol  bi    jurors  or  hold  civil  office.     (Ida.  VI  3.) 

i  Indian  land  within  state  to  enjoy  rights  and  privi- 

-  of  citizens  and  to  be  subject  to  taxation.     (Minn.  XV  2.) 

INDICTMENT,  a  —  Foem  of  Accusation. 


Index    l>n.r:sT  761 


INDUSTRY 

For  provisions  relating  to  manufacture,  See  MANUFACTURE. 
Commissioner  of  agriculture  and  industries,  Set    AgbicuxtUbe. 
Commissioner  of  agriculture,   labor  and  industry,  See  Agriculture. 
Appropriations   for   industrial   purposes   not   to  be  made  to   any   person, 
corporation  or  community-  not  under  absolute  control  of  state.      (Colo. 

V   34;   Mont.  V  35;   Wyo.  Ill  36.) 
Bureau  of  industrial  statistics  to  be  under  secretary  of  internal  affairs. 

(Pa.  IV  19.) 
INFORMATIONS,  See  Crimes  —  Form  of  Accusation. 

INITIATIVE  AND  REFERENDUM 
Provisions  Common  to 

For    provisions   relating    only    to    initiative,    See    below,    this    title, 

Initiative. 
For  provisions  relating   only    to   referendum,   See   beloiv,    this   title, 

Referendum. 
To  What  Measures  Applicable 

Limitations  on  power  of  legislature  applicable  to  power  of 
people.  Law  not  to  Be  passed  authorizing  classification  of 
property  to  levy  different  rates  of  taxation  or  to  levy  single 
tax  on  lands,  land  values,  or  land  sites  at  higher  rate  or  by 
different  rule  than  applied  to  improvements  or  personal  prop- 
erty. (Ohio  II  1,  le.) 
Enacting  Clause  for  All  Measures 

•'  Be  it  enacted  by  the  people  of  the  state  of  ....  "  (Ark.  V  1; 
Me.  IV  Pt.  I  1;   Mo.  IV  57.) 

Method  of  Invoking 

By  petition.  (Ariz.  IV  Pt.  I  1;  Ark.  V  1;  Cal.  IV  1;  Colo.  V  1; 
Me.  IV  Pt.  Ill  17;  Mich.  V  1;  Mo.  IV  57;  Mont.  V  1;  Nebr. 
Ill  1A,  IB;  Nev.  XIX  3;  N.D.  II  25,  XV  202(2)  (1914)  ;  Ohio 
II  la-lg;  Okla,  V  2,  3;  Ore.  IV  1;  Wash.  II  la,  lb.) 

Shall  be  provided  by  law.     (Ida.  Ill  1;  Utah  VI  1   (2).) 

No  provision.     (S.D.  Ill  1.) 

To  Whom  Petition  Addressed 

Secretary  of  state.      (Ariz.  IV  Pt,  I   1(9);   Colo.  V  1.) 
Governor.     (Okla.  V  3.) 

Form  of  Petition 

To  consist  of  sheets  with  general  form  printed  or  written  at  top 
as  designated  or  prescribed  by  secretary  of  state.     (Colo.  V  1.) 
Contents  of  Petition 

A  full  and  correct  copy  of  text  of  measure  required  on  every 
petition.      (Ariz.  IV  Pt.  I  1(9)  ;  Cal.  IV  1;  Me.  IV  Pt.  Ill  20; 

Mich.  V  1,  XVII  2.) 
Who  May  Solicit  Signatures  to  Petition 

Any  qualified  elector  of  state  within  county,  of  which  he  is  an 

elector.     (Mich.  V  1.) 
Any  qualified  elector  of  state  within  county,  or  city  and  county 
of  which  he  is  an  elector.     (Cal.  IV  1.) 


-.ate  Constitutions 


INITIATIVE    AND   REFERENDUM    (Cont'd) 

^ffiTJTS  **     ,Co.o.  V  U  Me.  IV  Pt.  HI  20;  0Uo 

II     lg-) 

lifted  electors  of  city  and  county  in  which  particular  section 
is  being  circulated.      (Cal.  IV  1.) 
Qu)  0f  county  or  city  in  winch  particular  section 

g  circulated.     (Mich.  V  1.) 

Manner  of  Signing  Petition 

-   .-hall  sign  in  their  own  proper  persons  only.      (Colo. 

names  of  all  signers  shall  be  written  in  ink,  each  signer  for 

himself.     (Ohio  II  lg.) 

Information  Required  with  Signature 

Da  ling.     (Ariz.  IV  Pt.  I  1(9)  ;  Colo.  V  1;  Ohio  III  lg.) 

idence  address  of  signer.     (Colo.  V  1.) 

ce,  giving  street  and  number.     (Ariz.  IV  Pt.  I  1  (9)  ;  Cal. 
IV  1;  Mich.  V   1.  XVII  2.) 
Ri  sidence,   giving  street   and  number.     A   signer   outside  of   a 
municipality   shall   state  township   and   county   in  which   he 

resides.     (Ohio  II  lg.) 
Post-office  address.     (Ariz.  IV  Pt.  I  1(9).) 

tion  precinct.      (Cal.  IV  1;  Mich.  V  1,  XVII  2.) 
also  the  ward.      (Ohio  II  lg.) 
Declaration  of  Signer  That  He  Is  Qualified 

tion  shall  contain  declaration  of  each  petitioner,  for 
himself,  that  he  is  a  qualified  elector.     (Ariz.  TV  Pt.  I  1(9).) 
Certificate  That  Signers  Are  Qualified 

signatures  on  petitions  shall  be  accompanied  by  certificate 

clerk  of  city,  town  or  plantation  in  which  petitioners  reside, 

that  their  names  appear  on  voting  list  of  his  city,  town  or 

plantation  as  qualified  to  vote  for  governor.     (Me.  IV  Pt.  Ill 

20.) 
Affidavit  Verifying  Signatures 
0/  Whom  Required 

The  circulator  of  petition.     (Ariz.  IV  Pt.  I '1(9)  ;   Cal.  IV 

1;   Mich.  V  I,  XVII  2;  Ohio  II  lg.) 
One  of  certified  petitioners.      (Me.  IV  Pt,  III  20.) 
qualified  elector.     (Colo.  V  1.) 
' '     ten  t$ 

state  number  of  signers.     (Ohio  II  lg.) 
To  state  that  signatures  are  genuine.      (Colo.  V   1.) 
To  state  thai   signatures  are  genuine  to  the  best  of  affiant's 
knowledge  and  belief  and  were  made  in  affiant's  presence. 
:.  IV  1;  Mich.  V  1.  XVII  2;  Ohio  II  lg.) 
To  Btate  that  signers  are  electors  to  best  of  affiant's  knowl- 
tnd  belief.     (Colo.  V  1;  Ohio  II  lg.) 

petitioners  signed  with  knowledge  of  contents 
and  on  dates  set  opposite  their  names.      (Ohio 

II  lg-) 


Index  Digest  763 


INITIATIVE   AND   REFERENDUM    (Cont'd) 
Provisions  Common  to   (Cont'd) 

Affidavit  Verifying  Signatures    (Cont'd) 
By  Whom  Taken 

To  be  taken  free  of  charge  by  any  officer  authorized  to  ad- 
minister oaths.     (Cal.  IV  1.) 

Other  Affidavits 

No  other  affidavit  than  affidavit  of  person  soliciting  signatures, 

verifying  same,  required.      (Cal.   IV   1;    Mich.  V   1,  XVII  2; 

Ohio  II  lg.) 
Sections  of  Petition 

Authorized.      (Cal.  IV  1;   Mich.  V  1;   Ohio  II   lg.) 

Each  section  shall  contain  a  full  and  correct  copy  of  title  and 

text  of  proposed  measure.      (Cal.  IV  1;   Mich.  V  1.)' 
Each  section  shall  contain  a  full  and  correct  copy  of  title  and 

text  of  proposed  or  referred  measure.     (Ohio  II  lg.) 
Each  section  of  petition  shall  bear  name  of  county  or  city  and 

county,  in  which  it  is  circulated.      (Cal.  IV  1.) 
Each  section  of  petition  shall  bear  name  of  county  or  city  in 

which  it  is  circulated.      (Mich.  V  1.) 
The  number  of  signatures  attached  to  each  section  may  be  at 

pleasure  of  person  soliciting  signatures  to  same.     (Cal.  IV  1.) 
Only  qualified  electors  of  county  or  city  and  county  in  which 

section  is  circulated  may  sign.     (Cal.  IV  1.) 

Basis  for  Computing  Number  of  Signers 

The  total  number  of  votes  cast  at  last  general  election  for  state 

office  receiving  highest  number  of  votes.     (Okla.  V  2.) 
The  whole  number  of  electors  who  voted  for  governor  at  regular 
election  last  preceding  filing  of  any  petition  for  initiative  or 
for  referendum.     (Ariz.  IV  Pt.  I  1(7)  ;  Ark.  V  1;  Cal.  IV  1; 
Me.  IV  Pt.   Ill  20;   Mich.  V   1;    Mont.   V   1;   Nebr.   Ill   ID; 

Ohio  II  lg;  Wash.  II  Id.) 

The  whole  number  of  votes  cast  for  secretary  of  state  at  regular 

election  last  preceding  filing  of  any  petition.     (Colo.  V  1 :  N.D. 

II  25    (1914).) 

The  whole  number  of  votes  cast  for  justice  of  supreme  court  at 

general    election    last    preceding    filing    of    any    petition    for 

initiative  or  referendum.     (Mo.  IV  57;  Nev.  XIX  3;  Ore.  IV  1.) 

Filing  Petition 

Petition  shall  be  filed  with  secretary  of  state.  (Ariz.  IV  Pt.  I 
1(4)  ;  Ark.  V  1;  Colo.  V  1;  Mo.  IV  57;  Mont.  V  1;  Xebr.  Ill 
1A,  IB;  Xev.  XIX  1,  3;  X.D.  II  25  (1914)  ;  Ohio  II  la,  lc; 
Okla.  V  3;  Ore.  IV  1;  Wash.  II  la,  Id.) 

Each  section  of  petition  shall  be  filed  with  clerk  of  county,  in 
which  it  was  circulated,  and  all  said  sections  circulated  in  any 
county,  shall  be  filed  at  the  same  time.      (Mich.  V  1.) 

Each  section  of  petition  shall  be  filed  with  clerk  or  registrar  of 
voters  of  county,  or  city  and  county  in  which  it  was  circu- 
lated, and  all  said  sections  circulated  shall  lie  filed  at  same 

time.     (Cal.  IV  1.) 


n    i  '.iN-TnTTio.v^ 


INITIATIVE   AND   REFERENDUM    [Cont'd1) 

I'd  i 
Examination  of  Signatures  to  Petition 

ipt  of  any  petition,  secretary  of  state  shall  canvass 

me  to  ascertain  if  it  has  been  signed  by  requisite  number 

qualified  voters.     (Mich.  V  I.) 

iYithin    20    days   alter    filing   of   petition   in    office   of   clerk   or 

registrar  of  voters,  such  clerk  or   registrar   shall   determine 

from  records  of  registration  what  number  of  qualified  electors 

have  signed  same,  and,  if  necessary,  the  board  of  supervisors 

BhaU   allow  such  clerk  or  registrar  additional   assistants   for 

purpose  of  examining  such  petitions,   and  provide   for  their 

compensation.      (Cal.  IV  1.) 
■Presumption  of  Validity  of  Signatures 

Petitions  properly  verified  by  affidavit  shall  be  prima  facie  evi- 
dence that  signatures  thereon  are  genuine,  and  that  persons 
signing  same  are  qualified  electors.      (Cal.  IV  1;   Colo.  V   1; 

Mich.  VI.) 
Certification  of  Number  of  Signatures 

Clerk  or  registrar  of  county  or  city  or  county  in  which  a  petition 

shall  have  been  circulated,  shall  attach  to  petition,  except  the 

signatures    thereto    appended,   his    certificate    properly    dated 

■wing  result  of  his  examination  of  signatures  thereon;  he 

shall  file  copy  of  certificate  in  his  office.     (Cal.  IV  1.) 

Transmission  of  Petition  to  Proper  Officer 

Within   2.0  days  after   riling  of   a   petition   in  his  office,   county 

clerk  shall  forward  it  to  secretary  of  state.      (Mich.  V  1.) 
The  clerk  or  registrar  of  voters  of  county  or  city  and  county  in 
which  a  petition  was  circulated,  shall,  after  examining  signa- 
tures thereon,  and  certifying  result  of  his  examination,  trans- 
mit petition,  together  with  his  certificate  to  secretary  of  state. 

(Cal.  IV  1.) 
Certification  of  Receipt  of  Petition 

When  secret  an    of  state  shall  have  received  from  one  or  more 

■' unity   clerks   or    registrars   of  voters,   a   petition   certified  to 

have  1 1<-'  1   by   requisite  number  of  qualified  voters,  he 

'11  forthwith  transmit  to  county  clerk  or  registrar  of  voters, 

of   -aid   county,   or   city   and   county   in   state,    his   certificate 

h  ing  such   fact.      (  Cal.  IV  1.) 

When  Petition  to  Be  Deemed  Filed 

A   petition  shall  be  deemed  filed  with  secretary  of  state  upon 

e  of  receipt  by  him  of  a  certificate  or  certificates,  showing 

petition  to  be  signed  by  requisite  number  of  electors  of 

'  iy   county   clerk   or  registrar   of   voters   shall,   upon 

ipt,  fil.-  same  for  record  in  his  office.      (Cal.  IV  1.) 

Presumption  of  Sufficiency  of  Petition 

nd  until  it  be  otherwise  proven  upon  official  investiga- 
te presumed  that  petition  presented  to  secretary 
atains  signatures  of  requisite  number  of  qualified 

electors.     (Cal.  IV  1.) 


Ixdex  Diqesq  7G5 


INITIATIVE   AND   REFERENDUM    (Cont'd) 
Provisions  Commox  to   (Cont'd) 

Presumption  of  Sufficiency  of  Petition  (Cont'd) 

Petition  and  signatures  upon  petition,  properly  verified,  shall 
be  presumed  to  be  in  all  respects  sufficient,  unless  not  later 
than    40    days  "before    election,    it    shall    be    otherwise    proved. 

(Ohio  II  lg.) 
Supplemental  Petition 

May  be  filed.     (Cal.  IV  1;  Mich.  V  1;  Ohio  II  lg.) 
Supplemental   petitions   shall   be   identical   with   original   as  to 
body  of  petition,  but  containing  supplemental  names.      (Cal. 

IV  1;  Mich.  VI.) 
Supplemental  petitions  may  be  filed  with  clerk  or  registrar  of 

voters  for  proper  county  or  city  and  county.      (Cal.  IV  1.) 
Petition    must    be    filed    within    40    days    from    transmission    of 
original  petition  to   secretary   of   state.      (Cal.   IV    1;    Mich. 

V  1.) 
If,   not   later   than   40  days  before   election,    it   shall  be   proved 
that    petition    is    not    sufficient,    10    additional    days    shall    be 
allowed  for  filing  of  additional  signatures.      (Ohio  II  lg. ) 
County  clerk  or  registrar  of  voters  shall,  within   10  days  after 
filing  of   a  supplemental  petition,  make  a    like  examination 
thereof  as  of  original  petition.     (Cal.  IV  1.) 
Upon   completion   of   his   examination   of   supplemental   petition 
county  clerk  shall  attach  to  said  petition  his  certificate  show- 
ing result  of  such  examination.     (Cal.  IV  1.) 
Supplemental  petition  shall  be  forwarded  to  secretary  of  state 

by  county  clerk  within   10  days  after  filing.      (Mich.  V   1.) 
County  clerk  or  registrar  of  voters  shall  forthwith,  after  exami- 
nation of  petition,  transmit  a  copy  thereof,  except  signatures 
thereto  appended,  together  with  his  certificate,  to  secretary  of 

state.     (Cal.  IV  1.) 
County  Officers  to  Perform  Duties  in  Connection  with  Petition 

Duties  imposed  upon  clerk  or  registrar  of  voters  shall  be  per- 
formed  by   registrar   of  voters    in   all   cases   where   office    of 
registrar  of  voters  exists.     (Cal.  IV  1.) 
Corruption  in  Respect  to  Petition 

Laws  shall  be  provided  to  prevent.     (Okla.  V  8.) 
Submission  to  Electors 
Notice 

The  text  of  all  measures  to  be  submitted  shall  be  published 
as  constitutional  amendments  are  published.  (Ariz.  IV 
Pt.  I  1(11)  ;  Colo.  V  1.) 
The  text  of  all  measures  to  be  submitted  shall  be  published 
as  constitutional  amendments  are  required  by  law  to  be 
published.  (Mich.  VI.) 
Until  otherwise  provided  by  law,  all  measure-  submitted  to 
vote  of  electors  under  initiative  or  referendum,  shall  be 
printed,  and  together  with  arguments  for  and  against  all 
such  measures  by  proponents  and  opponents  thereof,  shall 


State   (\>\-  i  i  n  i  ions 


INITIATIVE   AND   REFERENDUM    (Cont'd) 
i  OMMON    TO    (Cont'd) 

Submission  to  Electors  (Cont'd) 
Cont'd) 

be  mailed  to  eaeh  elector  in  same  manner  as  now  provided 
by  law  as  to  amendments  to  constitution  proposed  by 
legislature.  Persons  to  prepare  and  present  arguments 
shall  until  otherwise  provided  by  law,  be  selected  by  pre- 
siding officer  of  senate.     (Cal.  IV  1.) 

True  copy  of  all  laws  or  proposed  laws  or  proposed  amend- 
ments  to  constitution,  together  with  argument  or  ex- 
planation, or  both,  for,  and  also  argument  or  explana- 
tion, or  both,  against  same,  shall  be  prepared.  *  *  * 
retary  of  state  shall  cause  to  be  printed  the  law,  pro- 
posed law,  proposed  amendments  to  constitution,  together 
with  arguments  and  explanations,  and  also  arguments  and 
explanations  against  each,  and  shall  mail,  or  otherwise 
distribute,  copy  to  each  elector  of  state,  as  far  as  may 
be  reasonably  possible.  Arguments  shall  not  exceed  total 
of  300  words.  Person  or  persons  who  prepare  argument 
or  explanation,  or  both,  for  the  law,  section  or  item,  sub- 
mitted to  electors  by  referendum  petition,  or  against  any 
proposed  law  submitted  by  supplementary  petition,  shall 
be  named  by  legislature  when  in  session,  and  if  not  in 
-ion  then  by  governor.     (Ohio  II   lg.) 

Legislature  shall  provide  methods  of  publicity  of  all  laws  or 

parts  of  law,  and  amendments  to  the  constitution  referred 

to  people   with  arguments  for  and  against,  so  that  each 

r    shall    receive   publication    at   least   40'  days   before 

election   at   which  they   are   to   be  voted   upon.      (Wash. 

II  Id.) 
Time  of 

At    regular  biennial  election,  except  when  legislature  shall 

order  a  special  election.      (Ark.   V  1;   Mo.  IV  57;   Mont. 

V   1;  Ore.  IV  1;  Wash.  II  Id.) 

At  biennial  regular  election  except  as  provision  may  be  made 

by    law    for   special   election    or    elections.       (N.D.    II    25 

(1914).) 
election  held  throughout  state  except  when  legisla- 
ture or  governor  shall  order  special  election  for  express 
purpose  of  making  such  reference.      (Okla.  V  3.) 
/;  /  Whom  Submitted 

retary   of   slate   shall    submit    all   measures   initiated   or 
referred  to  people  for  adoption  or  rejection  at  polls.   (Colo. 

V  1.) 

■v>r  of 

[overned  by  general  laws,  until  legislature  shall  espe- 
H.v  provide.     (Ariz.  IV  Pt.  I  1(11).) 

ned  by  general  laws  and  amendment  establishing 
itive  .nid  referendum,  until  additional  legislation  shall 
especially  provide  therefor.     (Nebr.  Ill  ID.) 


Index  Digest  767 


INITIATIVE   AND   REFERENDUM    (Cont'd) 
Provisions  Common  to   (Cont'd) 
Submission  to  Electors  (Cont'd) 
Manner  of   (Cont'd) 

To   be  governed   by   general    laws   and   act   submitting   tbis 
amendment   establishing  initiative   and   referendum   until 
additional    legislation    shall    especially    provide    therefor. 
(Ark.  V  1;   Colo.  V  1;  Mo.  IV  57;   Mont.  V  1;  N.D.  II 
25,  1914;   Ore.  IV  1;  Wash.  II  Id.) 
No  law  or  amendment  to  the  constitution  proposed  by  legis- 
lature shall  be  submitted  at  any  election,  unless  at  same 
election,  there  shall  be  submitted   all  measures  proposed 
by  petition  of  electors,  if  any  were  proposed.     (Cal.  IV  1.) 
Until  legislature  shall  enact  further  regulations  not  incon- 
sistent with  constitution,   election  officers  and  other  offi- 
cials shall  be  governed  by  provisions  of  constitution  and 
general   law,   supplemented  by  such  reasonable  action   as 
may  be  necessary  to  render  preceding  sections  self-execu- 
tory.    (Me.  IV  l'i.  Ill  23.) 
Ballots 

Secretary  of  state  shall  have  printed  on  ballot  title  and 
number  of  measures  submitted  together  with  words  "  yes  " 
and  "  no  "  in  such  manner  that  voters  may  express  their 
approval   or   disapproval    of   measure.      (Ariz.    IV   Pt.    I 

1(10).) 
Full  text  of  measure  submitted  to  vote  of  people  under  pro- 
visions of  constitution,  need  not  be  printed  on  official 
ballot,  but,  until  otherwise  provided  by  legislature,  secre- 
tary of  state  shall  prepare  ballots  in  such  form  as  to 
present   question   or   questions   concisely   and   intelligibly. 

(Me.  IV  Pt.  Ill  20.) 
All  propositions  shall  be  submitted  in  a  non-partisan  man- 
ner  and  without  any  indication   or  suggestion   on  ballot 
that    have   been    approved    or    indorsed    by    any    political 
party  or  organization.     Only  title  of  measures  printed  on 
ballot.      When    two    or    more   measures    have    same    title 
they   shall  be  numbered   consecutively   in   order   of   riling 
with  secretary  of  state  and  including  name  of  first  peti- 
tioner.    (Xebr.  Ill  ID.) 
Unless   otherwise  provided  by  law   secretary  of   state  shall 
have  printed  upon  ballots  title  of  any  such  law,  or  pro- 
posed law,  or  proposed  amendment  to  constitution,  to  be 
submitted.     Printed   in   manner  to  permit   affirmative  or 
negative  vote  upon   each   measure   submitted   to   electors. 

(Ohio  II  lg.) 
Conflicting  Heasiwes 

When  conflicting  measures  are  submitted  to  people  ballots 
shall  be  so  printed  that  voter  can  express  separately  by 
marking  one  cross  (  X )  for  each,  two  preferences,  first,  as 
between  either  measure  and  neither,  and  secondly  as  be- 


DTIONS 


INITIATIVE    AND   REFERENDUM    [Ootlfd) 

Submission  to  Electors   (' 

t'd) 
ml  other.     If  majority  of  those  voting  on  first 
-   for  neither,  both  fail,  but  in  that  case  votes  on 
ie  shall  nevertheless  be  carefully  counted  and 
le   public.      If   majority    voting   on   first   issue   is   for 
either,  then  measure  receiving  majority  of  votes  on  second 
-hall  be  law.      (Wash.  II  la.) 
If  two  <'i"  more  measures,  approved  by  electors  at  same  elec- 
tion  conflict,   measure  receiving  highest   affirmative  vote 
revail.      (Mich.   V    1;    X.D.   II   25    (1914);    Ohio 

II  lb.) 

If  conflicting  measures  submitted  to  people  at  same  election 

■diall  be  approved  by  electors,  measure  receiving  highest 

numher  of  affirmative  votes  shall  thereupon  become  law  as 

'.icting   provisions.      (Ariz.    IV    Pt.    I    1(12); 

I.   IV  1;  Xebr.  Ill  1A;  Xev.  XIX  3.) 

essary  to  Adoption 

Majority  of  vote.-  cast  thereon.     (Ariz.  IV  Pt.  I  1(5)  ;  Ark. 

V  1;  Cal.  IV  1;  Colo.  V  1;  Me.  IV  Pt.  Ill  19;  Mich.  V  1, 

XVII  2;  Mo.  IV  57;  Ore.  IV- 1.) 

Majority  of  votes  cast  thereon,  provided  that  vote  cast  upon 

:  measure  shall  equal  one-third  of  total  vote  cast  at 

election.      (Wash.  II   Id.) 
trns 

retary  of  state  in  presence  of  governor  and  chief  justice 
supreme  court  to  canvass  votes  for  and  against  each 
•■I'    proposed    amendment    submitted    within    30 
a  of  election.     (Ariz.  IV  Pt.  I  1(13).) 
••   Bhall   be  returned   and  canvassed  in   same  manner   as 
prescribed  in  presidential  elections.     (Xebr.  Ill  ID.) 
I'  ■  laration  of  Result 

Upon  completion  of  canvass  of  vote,  governor  shall  forthwith 

proclamation,  giving  whole  number  qf  votes,  cast 

i   r  and  against  each  measure  or  proposed  amendment,  and 

ing  Buch  measures  or  amendments  as  are  approved 

to  be  law.      (Ariz.  IV  Pt,  I   1(13).) 

Time  of  Taking  Effect 

When  approved  by  people.      (Ark.  V  1;  Mo.  IV  57;  Okla.  V  3; 

Ore.   IV   1.) 
Of  official  declaration  of  vote.     (Xev.  XIX  3;  X.D.  II 

25  (1914).) 
i  after  thirtieth  day  after  election  at  which  it  is  approved. 

(Wash.  II  Id.) 
'nation  by  governor.     (Ariz.  IV  Pt.  I  1(5)   ) 
nation  by  governor  made  within  10  davs  of  comple- 
uil  canvass.      (Xebr.  HI  ID.) 

:"'»   by  nor   within  30   davs   of  completion 

ial  canvass.     (I  oh,,  v  1.) 


I^dex  Digest  7»'>9 


INITIATIVE  AND   REFERENDUM    [CnVd) 
Provisions  Common  to   {Cont'd) 
Time  of  Taking  Effect    (Cont'd' 

Unless  later  date  is  specified  in  measure  in  30  days  after 
governor  has  made  public  proclamation  of  result  of  vote  on 
measure  which  he  shall  do  within  10  days  after  vote  thereon 
has  been  canvassed  and  determined.  (Me.  IV  Pt.  Ill  19.) 
Ten  days  after  date  of  official  declaration  of  vote  by  secretary  of 
state,  except  in  case  of  amendments  to  constitution  which  be- 
come effective  30  days  after  election.  (Mich.  V  1,  XVII  2.) 
Five  days  after  date  of  official  declaration  of  vote  by  secretary 

of  state.      (Cal.  IV  1.) 
Veto  Power  of  Governor 

Shall  not  extend  to  any  measure  approved   by  vote  of  people. 

(Me.  IV  Pt.  Ill  19.) 
Shall  not  extend  to  any  initialed  measure  approved  by  vote  of 

people.     (Ohio  II  lb.) 
Shall  not  extend  to  measures  initiated  by  or  referred  to  people. 

(Nebr.  Ill  ID;   Wash.  Ill   Id.) 

Shall  not  extend  to  measures  referred  to  people.     (Ariz.  IV  Pt. 

I  1(6)  ;    Ark.  V  1;    Cal.  IV  1;    Colo.  V  1;    Mich.  V  1;  Mo. 

IV  57;  Mont.  V  1;  N.D.  II  25   (1914)  ;  Okla.  V  3;  Ore.  IV  1; 

S.D.  Ill  1.) 
Adoption  Cures  Insufficiency  of  Petition 

No  law  or  amendment  to  constitution  submitted  to  electors  by 
supplementary  petition  and  approved,  shall  be  held  uncon- 
stitutional or  void  on  account  of  the  insufficiency  of  petitions 
by  which  submission  was  procured;  nor  shall  rejection  of  any 
law  submitted  by  referendum  petition  be  held  invalid  for  such 

insufficiency.     (Ohio  II  lg. ) 
Resubmission  of  Measure 

Any  measure  rejected  by  people  through  powers  of  the  initiative 
and  referendum,  cannot  be  again  proposed  by  initiative  within 
three  years  thereafter  by  less  than  25  per  cent,  of  legal  voters. 

(Okla.  V  6.) 
Amendment  and  Repeal  of  Adopted  Measure 

Power  of  legislature  to  repeal  or  amend  shall  not  extend  to 
initiative  or  referendum  measures  approved  by  electors.    (Ariz. 

IV  Pt.  I   1(6)    (1914).) 
Reservation   of   powers   of   initiative   and   referendum   in   article 
shall  not  deprive  legislature  of  right  to  repeal  any  law,  pro- 
pose or  pass  any  measure,  which  may  be  consistent  with  con- 
stitution of  state  and  constitution  of  United  States.      (Okla. 

V  7.) 
No  act,  law  or  bill  approved  by  a  majority  of  electors  voting 
thereon  shall  be  amended  or  repealed  by  legislature  within  a 
period  of  two  years  following  such  enactment.  But  such  enact- 
ment may  be  amended  or  repealed  at  any  general,  regular  or 
special    election    by    direct   vote   of   people    thereon.      (Wash. 

II  lc.) 

25 


State  Constitutions 


INITIATIVE    AND   REFERENDUM    [Cont'd) 

Constitutional  Provisions  Self-Executing 

In  :lll  r<  Ariz.  IV  l't.  I  1(15);  Colo.  V  1.) 

ridation    may    In-   enacted   to   facilitate   their   operation. 
:.  Ill   ID;  Nev.  XIX3;  X.D.  II  25  ( 1914)  ;  Wash.  II  Id.) 
l;i:.  tion  may  hi'  enacted  to  facilitate  their  operation  but 

in    n-   way   limiting   or   restricting   either   provisions   of   this 
(ion,  or  powers  herein  reserved.      (Cal.  IV  1.) 
Bui  as  !u  rein  otherwise  provided,  laws  may  be  passed  to 

facilitate   their    operation,   but   in    no   way    restricting   either 
such  provision  or  powers  herein  reserved.     (Ohio  II  lg.) 
Not  to  Interfere  with  Rights  of  Members  of  Legislature 

This  section  shall  not  be  construed  to  deprive  any  member  of 
l.gigiature  of  right  to  introduce  any  measure.  (Ariz.  IV  Pt.  I 
1    114)  ;  Ark.  V  1:   Colo.  V  1;  Mo.  IV  57;  Mont.  V  1;  Nebr. 

III  ID;  X.D.  II  25.  1914;  Ore.  IV  1;  S.D.  Ill  1;  Wash.  II  Id.) 
Legislature  to  Make  Suitable  Provisions  for  Enforcing 

The  legislature  shall  make  suitable  provisions  for  carrying  into 
effect  provisions  of  this  article.     (Okla.  V  3;  S.D.  Ill  1.) 
Not  Limited  by  Power  of  Legislature 

Words  "the  legislative  assembly  shall  provide  "  or  any  similar 
or  equivalent  words  in  constitution  shall  not  be  construed  to 
grant  to  legislature  any  exclusive  power  of  law-making  nor  in 
any  way  to  limit  the  initiative  and  referendum  powers  reserved 

to  the  people.     (Ore.  II  18.) 
Initiative 

For  provisions  common  to  both  initiative  and  referendum,  See  above, 
tins  title,  Provisions  Common  to. 
ect  initiative  for  laws,  See  below,  this  title,  Direct  Initiative 

for  Laws. 
Indirect  initiative  for  laws,  See  below,  this  title,  Indirect  Initiative 

for  Laws. 
Direoi  initiative  for  constitutional  amendments,  See  below,  this  title, 
Direct  Initiative  for  Constitutional  Amendments. 

initiative  for  constitutional   amendments,   See   below,    this 
tie,  [ndtrbci  I.mtiative  for  Constitutional  Amendments. 

tiatwe,  See  below,  this  title,  Local  Initiative  and  Refer- 
endum. 
Defined 

rved  to  the-  people  to  propose  measures.     (S.D.  Ill  1.) 

rved   to  people  to  propose  laws  and  amendments 

n-1  it ut ion  and  to  enact  same  at  polls  independent  of  legis- 

riz.   IV  Pt.  I   1(1);  Ark.  V   1;   Cal.  IV  1;   Colo. 

IV  1;   Mo.  IV  57;  Xebr.  Ill  1;  Nev.  XIX  3;  Okla.  V  1;  Ore. 

TV  1.) 
rved   io  people  to  propose  legislative  measures,  reso- 
:""1   law-,  and  to  enact  or  reject  same  at  polls  inde- 
pendently  of  legislature.     (Mich.  V  1.) 


Index  Digest  771 


INITIATIVE  AND  REFERENDUM    (Cont'd) 

Initiative   (Cont'd) 
Defined    (Cont'd) 

Power  reserved  to  people  to  propose  laws  and  to  enact  or  reject 
same  at  polls  independent  of  legislature.      (Ida.  Ill   1;   Me. 

IV  Pt.  I  1;  Mont.  V  1 ;  Wash.  II  1.) 
Power   reserved   to   people   to   propose   measures    for   enactment 

into  laws.  i  X.D.  II  25  1914.) 
Power  reserved  to  people  to  propose  to  legislature  laws  and 
amendments  to  constitution,  and  to  adopt  or  reject  same  at 
polls  on  a  referendum  vote  *  »  *  an(j  independent  of 
general  assembly  to  propose  amendments  to  constitution  and 
adopt  or  reject  same  at  polls.     (Ohio  II  1.) 

Applicable  to  Laws  and  Amendments.     (Ariz.  IV  Pt.  I  1(1);   Ark. 

V  1;  Cal.  IV  1;  Colo.  V  1;  Mich.  V  1,  XVII  2;  Mo.  IV  57;  Xebr. 

Ill  1;  Xev.  XIX  3;  X.D.  XV  202   (1914)  ;  Ohio  II  la;  Okla.  V  1; 

Ore.  IV  1.) 
Applicable  to  Laws  Only.     (Ida.  Ill  1;  Me.  IV  Pt.  I  1,  Pt.  Ill  18; 

Mont.  VI;  S.  D.  Ill  1;  Utah  IV  1(2)  ;  Wash.  II  1.) 

To  What  Laws  Applicable 

Xo  limitation.      (Ariz.  IV  Pt.   I    1(1);    Ark.  V   1;    Cal.   IV   1; 

Colo.  V  1;   Ida.  Ill   1;   Mo.  IV  57;  Xev.  XIX  3;  X.D.  II  25 

(1914);    Okla.  V   1;   Ore.   IV   1;    S.D.  Ill    1;   Utah  VI   1(2)  ; 

Wash.  II   1.) 
Any  bill,  resolve  or  resolution,  including  bills  to  amend  or  re- 
peal emergency  legislation.     (Me.  IV  Pt.  Ill  18.) 

To  What  Laws  Not  Applicable 

Limitations  expressed  in  constitution  on  power  of  legislature  to 
enact  laws  to  be  deemed  limitations  on  power  of  people  to 
enact  laws.  (Mich.  V  1:  Xebr.  Ill  1A.) 
If  constitution  amended  so  as  to  allow  laws  to  be  enacted  by 
direct  vote  of  electors,  laws  which  may  be  so  enacted  shall 
be  only  such  as  might  be  enacted  by  legislature  under  pro- 
visions of  this  constitution.  (N.M.  XIX  3.) 
Such  as  relate  to  appropriations  of  money,  and  those  relating  to 
submission  of  constitutional  amendments,  and  local  and  special 
laws  as  enumerated  in  article  V,  section  25  of  constitution. 

(Mont.  V  1.) 
Enacting  Clause 

"  Be  it  enacted  by  the  People  of  the  State  of    " 

(Colo.  V   1;   Mont.  V   1;    X.D.  II  25   1914;    Ohio  II    lg;    S.D. 

Ill  1;  Wash.  II  Id.) 

"  The  People  of  the  State  of do  enact  as  follows:" 

(Nev.  XIX  3.) 

To  Whom  Petition  Addressed 

To  legislature  or  either  branch  thereof.      (Me.  IV  Pt.  Ill  18.) 


,  ,  - 


■•     (    oWITI-TIOXS 


INITIATIVE   AND   REFERENDUM    (Cont'd) 

Contents  of  Petition 

«  petition  Bhall  include  full  text  of  measure  proposed.  (Ark. 
VI.  Oola  V  ];  Mo.  IV  57;  Mont.  V  1;  Nebr.  Ill  1A;  Nev. 
M\  3?  Okla.  V  2;  Ore.  IV  1;  Wash.  II  la.) 

Filing  Petition 

To  be  filed  with  secretary  of  state  or  presented  to  legislature. 

(Me.  IV  Pt.  Ill  17.) 

Nfot  leas  than  few*  months  before  measure  is  to  be  voted  upon. 

,  Vriz    IV  Pt.  I  1(4)  ;  Ark.  V  1;  Colo.  V  I;  Mo.  IV  57;  Ore. 

IV  1.) 

Number  of  Signers  of  Petition 

Not   more   that   8   per   cent,   of    legal  voters.      (Ark.  V  1;  Colo. 

V  1;  Ore.  IV  1.) 
Not  more  than  8  per  cent,  of  legal  voters  in  each  of  at  least 
two-thirds  of  congressional  districts  of  state.      (Mo.  TV  57.) 
Eight  per  cent,  of  legal  voters,  provided  that  two-fifths  of  whole 
number  of  counties  of   state  must  each  furnish  as  signers  8 
per  cent,  of  legal  voters  of  such  county.     (Mont.  V  1.) 
Submission  to  Electors 

At  general  election.     (Ida.  Ill  1.) 
Vote  Necessary  to  Adopt  Measures 

Majority  of  those  voting  thereon.      (Ohio  II  lb.) 
Majority  of  votes  cast  thereon,  provided  that  vote  cast  upon  such 
measure  shall  equal  35   per  cent,  of  total  vote  cast  at  elec- 
tion.    (Nebr.  Ill  ID.) 
Number  of  voters  equal  to  majority  of  aggregate  vote  cast  for 
office  of  governor  at  general  election.     (Ida.  Ill  1.) 
Time  of  Taking  Effect 

Thirty  days  after  election  at  which  it  is  approved.     (Ohio  II  lb.) 
Publication  of  Adopted  Measures 

By  secretary  of  state,  required.      (Ohio  II  lb.) 
Amendment  and  Repeal  of  Adopted  Measures 

Initiative  measure  approved  by  electors  shall  not  be  annulled, 
i-^ide  or  repealed  by  legislature  within  three  years  from 
date  said  act  takes  effect.     (Nev.  XIX  3.) 

act,  law  or  amendment,  to  constitution  adopted  under  initia- 
tive shall  be  amended  except  by  vote  of  electors  unless  other- 
wise provided  in  such  initiative  measure.  (Cal.  IV  1.) 
No  act,  law  or  amendment  to  constitution  adopted  under  initia- 
tive shall  be  amended  or  repealed  except  by  vote  of  electors  un- 
less otherwise  provided  in  such  initiative  measure,  but  legis- 
lature  may    propose    amendments,    alterations    or    repeals    to 

people.     (Mich.  V  1.) 
Resubmission  of  Measure 

Same  measure,  either  in  form  or  in  essential  substance,  shall  not 
be  submitted  to  people  by  initiative  petition  (either  affirma- 
tively or  negatively)  oftener  than  once  in  three  years.     (Nebr. 

Ill  1A.) 


Index  Digest  778 


INITIATIVE   AND   REFERENDUM    (Cont'd) 
Direct  Initiative  foe  Laws 

For  provisions  relating  to  all  forms  of  initiative,  See  above,  this  title, 

Initiative. 
Title  of  Petition 

Petitions  shall  have  printed  across  top  in  twelve-point  black-face 
type,    "Initiative   Measure   to   be    Submitted    Directly   to   the 

Electors".     (Cal.  IV  1.) 
Number  of  Signers  of  Petition 

Ten  per  cent,  of  qualified  electors.      (Ariz.  IV  Pt.  I  1(2). 
Ten  per  cent,  of  legal  voters  of  state,  so  distributed  as  to  include 
5  per  cent,  of  legal  voters  in  each  of  two-fifths  of  counties  of 

state.     (Nebr.  Ill  1A.) 
Ten  per  cent.,  but  in  no  case  more  than  50,000  of  legal  voters. 

(Wash.  II   la.) 
Eight  per  cent,  of  legal  voters.      (Cal.  IV  1;  Okla.  V  2.) 
Time  of  Filing  Petition 

Not  less  than  four  months  before  election  at  which  measure  is 
to  be  voted  upon.     (Mont.  V  1;  Wash.  II  la.) 
Submission  to  Electors 

At  first  regular  state  election  held  not  less  than  four  months 

after  filing  of  petition.      (Nebr.  Ill  1A. ) 
At  next  succeeding  general  election  occurring  subsequent  to  90 
days  after  presentation  of  petition  to  secretary  of  state,  or  at 
any  special  election  called  by  governor,  in  his  discretion,  prior 
to  such  general  election.     (Cal.  IV  1.) 
Vote  Necessary  to  Adopt  Measure 

Majority  of  votes  cast  at  election.     (Okla.  V  3.) 
Indirect  Initiative  fob  Laws 

For  provisions  relating    to   all  forms  of   initiative,  See   above,   this 

title,  Initiative. 
Title  cf  Petition 

Petitions  shall  have  printed  in  twelve-point  black-face  type,  "  In- 
itiative Measure  to  be  Presented  to  the  Legislature"  .      ( Cal. 

IV  1;  Mich.  VI.) 
Petitions   shall   have  printed   across  top   thereof :      "  Laws  Pro- 
posed  by   Initiative   Petition   First   to   be   Submitted   to   the 
General  Assembly".     (Ohio  II  lb.) 
Contents  of  Petition 

Full  text  of  measure  proposed.     (N.D.  II  25   (1914).) 
Number  of  Signers  of  Petition 

Three   per  centum  of   electors;    provided  that  petitions  be  filed 
from  each  of  one-half  of  counties  of  state  bearing  signatures 
of  not  less  than  one-half  of  designated  percentage  of  electors 
of  such  county.     (Ohio  II  lb,  lg.) 
Five  per  cent,  of  voters.     (Cal.  IV  1.) 

Not  more  than   5   per  cent,  of  qualified  electors  of  state    (con- 
stitution does  not  mention  petitions,  but  merely  requires  that 
measures  be  proposed  by  5  per  cent,  of  electors) .     (S.D.  IV  1.) 
At  least  S  per  cent,  of  legal  voters.      (Mich.  V  1.) 


774  State  Constitutions 


INITIATIVE   AND   REFERENDUM    i  Cont'd) 
.iiiAiivE  FOB  Laws    (Cont'd) 
Number  of  Signers  of  Petition   (Cont'd) 

Ai  least  10  per  cent,  of  legal  voters  to  be  secured  in  a  majority 

of  counties  of  state.      (X.D.  II  25   (1914).) 
Not  more  than  10  per  cent,  of  qualified  electors.     (Nev.  XIX  3.) 
Ten  per  centum,  but  in  no  case  more  than  50,000  of  legal  voters. 

(Wash.   II    la.) 
No!  less  than  12,000  electors.     (Me.  IV  Pt.  Ill  18.) 
Time  of  Filing  Petition 

\..<    less   than    10   days   before   commencement  of   any   session   of 

legislature.     (Mich.  V  1;  Ohio  II  lb;  Wash.  II  la.) 
\.»t    less  than   10  davs  before  commencement  of  any  regular  ses- 

sion  of  legislature.     (Cal.  IV  1.) 
At    least    30  days   before  close   of   legislative   session.      (Me.   IV 

Pt.  Ill  18.) 
Not    less  than  W  davs  before  any  regular  session  of  legislature. 
V.  XIX  3;  X.I).  II  25   (1914).) 
Transmission  of  Petition  to  Legislature 

Secretary  of  state  shall  transmit  petition  to  legislature  as  soon 
as  legislature  convenes  and  organizes.     (Cal.  IV  1;  Mich.  V  1; 
Nev.  XIX  3;  N.D.  II  25   (1914);  Ohio  II  lb;  Wash.  II  la.) 
Action  by  Legislature 

At   session  at  which  bill  is  presented.      (Me.  IV  Pt.  Ill  18.) 
Initiative  measures  shall  have  precedence  over  all  other  measures 
in  the  legislature  except  appropriation  bills.      (Nev.  XIX  3; 

N.D.  II  25  (1914)  ;  Wash.  II  la.) 
Legislature  shall  enact  any  proposed  measure  and  submit  it  to 

a  vote  of  electors.     (S.D.  Ill  1.) 

Initiated   measures  shall  be  either  enacted  or   rejected  without 

change  or  amendment  by  legislature.      (Cal.  IV  1;  Me.  IV  Pt. 

Ill   18;   Mich.  V  1;  Nev.  XIX  3;  N.D.  II  25    (1914);   Wash. 

II   la.) 
Legislature  to  enact  or  reject  proposed  measure  by  legislature 

before  the  end  of  regular  session.     (Wash.  II  lb.) 
I.  gislature  must  enact  or  reject  proposed  measure  within  four 

months.     (Ohio  II  lb.) 
The  legislature  must  enact  or   reject  proposed  measure  within 
40  days.      (Cal.    IV    1;    Mich.  V   1;    Xev.  XIX  3;    X.D.  II  2, 

(1914).) 
Referendum  on  Measures  Passed  by  Legislature 

It'  any  initiative  measure  shall  be  enacted  by  legislature  it  shall 

be  subject  to  referendum  petition.     (Cal.  IV  1;  Me.  IV  Pt.  Ill 

18;  Mich.  IV  l:   X.D.  II  25    (1914);  Wash.  II  la.) 

If   any   initiative  measure   shall   be  enacted   by   legislature  and 

approved  by  governor,  it  shall  become  a  law,  but  it  shall  be 

subject   to  referendum  petition.     (Nev.  XIX  3.) 

If  proposed  law  be  passed  by  legislature  either  as  petitioned  for 

an    amended   form,   it   shall   be   subject   to   referendum. 

(Ohio  II   lb.) 


Index  Digest  7-75 


INITIATIVE  AND   REFERENDUM    (Cont'd) 
Indirect  Initiative  fob  Laws   (Cont'd) 
Submission  to  Electors 
If  Vetoed  by  Governor 

Any  measure  initiated  by  people  and  passed  by  legislature 
without   change,   if   vetoed   by   governor   and   his  veto   is 
sustained  by  legislature,  shall  be  referred  to  people  to  be 
voted  on  at  next  general  election.     (Me.  IV  Pt.  Ill  19.) 
Optional  Submission  by  Legislature 

Any  initiative  measure  may  be  referred  by  legislature  to 

people  for  approval  or  rejection.     (N.D.  II  25   (1914).) 
Any  initiative  measure  may  be  enacted  and  referred  by  the 
legislature  to  people  for  approval  or  rejection.      (Wash. 

II  la.) 
Compulsory  Submission  by  Legislature 

Legislature  shall  submit  proposed  measure  to  electors.     ( S.D. 

III  1.) 
Compulsory  Submission  by  Secretary  of  State 

If  an  initiated  measure  is  rejected  or  no  action  taken  upon 
it  by  legislature  within  time  required,  secretary  of  state 
shall  submit  it  to  people  for  approval  or  rejection.  (Cal. 
IV  1;   Me.  Pt,  III  18;  Mich.  V  1;  Nev.  XIX  3;  N.D.  II 

25    (1914)  ;  Wash.  II  la.) 

If  proposed  law  shall  not  be  passed,  or  if  it  shall  be  passed 
in  an  amended  form,  or  if  no  action  shall  be  taken  thereon 
within  four  months  of  time  it  is  received  by  legislature, 
it  shall  be  submitted  by  secretary  of  state  to  electors  for 
their  approval  or  rejection,  if  such  submission  shall  be 
demanded  by  supplementary  petition.  (Ohio  II  lb.) 
Supplementary  Petition  Required 

Number  of  signers  not  less  than  3  per  centum  of  electors  in 
addition  to  those  signing  original  petition;  provided  that 
petitions  be  filed  from  each  one-half  of  the  counties  of 
state  bearing  signatures  of  not  less  than  one-half  of  desig- 
nated percentage  of  electors  of  such  county.  Petition  to 
be  filed  within  90  days  after  proposed  law  shall  have 
been  rejected  by  legislature  or  after  term  of  four  months 
if  no  action  has  been  taken  on  measure,  or  after  law,  as 
passed  by  legislature,  shall  have  been  filed  by  governor 
in  office  of  secretary  of  state.  Proposed  law  shall  be 
submitted  in  form  demanded  by  supplementary  petition, 
which  form  shall  be.  either  as  first  petitioned  for  or  with 
any  amendment  or  amendments  which  may  have  been 
incorporated  therein  by  either  branch  or  botli  branches 
of  legislature.  Amended  law  passed  by  legislature  shall 
not  go  into  effect  until  and  unless  law  proposed  by  sup- 
plementary petition  shall  have  been  rejected  by  electors. 
If  law  proposed  by  supplementary  petition  is  approved,  it 
shall  be  law  and  shall  go  into  effect  in  lieu  of  any 
amended   form   of   law    which   may   have   been   passed   by 

legislature.      (Ohio  II  lb,  lg. ) 


-  .  ATE    CONSTITUTIONS 


IATIYE   AND   REFERENDUM    (Confd) 
OB    I  a\\\s    \Cunfd) 
Submission  to  Electors    (Cont'd) 
\h  asure 
Any  initiative  measure  not  enacted  by  legislature  shall  be 
Mil>mitte<l   to   electors   together   with   any   amended  form, 
Substitute  br  recommendation  of  legislature,  and  in  such 
niiinner  that  people  can  choose  between  competing  meas- 
ures or  reject  both.     (Me.  IV  Pt.  Ill  IS.) 
Legislature  may  reject  any  measure  proposed  by  initiative 
petition  by  a  yea  and  nay  vote  and  propose  a  different  one 
dealing  with  same  subject,  and  in  such  event  both  measures 
shall  be  submitted  by  secretary  of  state  to  people  for  ap- 
proval or  rejection.     Submitted  with  proposed  measure  at 
next  ensuing  general  election,  or  at  a  prior  special  election 
called   bv   governor   in    his    discretion   for    such    purpose. 

(Cal.  IV  1.) 
Legislature  may  reject  any  measure  proposed  by  initiative 
j. etit ion  and  propose  a  different  one  dealing  with  same  sub- 
ject, and  in  such  event  both  measures  shall  be  submitted  by 
secretary    of    state  to   people   for    approval    or    rejection. 

(Wash.  II  la.) 
Legislature  may  reject  any  measure  proposed  by  initiative 
petition  and  propose  a  different  one  to  accomplish  same 
purpose  upon  separate  roll  calls  and  in  such  event  both 
measures  shall  be  submitted  by  secretary  of  state  to  people 
for    approval    or    rejection.     (Mich.    V     1;    N.D.    11    25 

(1914).) 
Legislature  may  reject  any  measure  proposed  with  the  ap- 
proval of  governor  by  initiative  petition  and  propose  a 
different  one  dealing  with  same  subject,  and  in  such  event 
both  measures  shall  be  submitted  by  secretary  of  state  to 
peojple  for  approval  or  rejection.  (Nev.  XIX  3.) 
Submitted  at  time  at  which  measure  would  have  been  sub- 
mitted if  legislature  had  not  proposed  a  substitute.     (Me. 

IV  Pt.  Ill  18.) 
Submitted   at  next   ensuing  general  election.      (Mich.  V   lj 

Nev.  XIX  3.) 
Tune  of 

A1   next  ensuing  general  election.      (Cal.  IV   1;   Mich.  V  I; 

Nev.  XIX  3;  Ohio  II  lb.) 
Legislature  may  order  a  special  election  on  any  measure  that 
is  subjed  to  a  vote  of  people;  governor  may,  and  if  so  re- 
quested in  written  petitions  addressed  to  legislature,  shall, 
by  proclamation,  order  any  measure  proposed  to  legislature 
by  initiative  petition,  and  not  enacted  by  legislature  with- 
out change,  referred  to  people  at  a  special  election  to  be 
held  lint  less  than  five  nor  more  than  six  months  after  such 
tarnation,  otherwise  said  measure  shall  be  voted  upon 
i   netf   general  election  held  not  less  than  60  days  after 
I  legislature,  to  which  such  measure  was  proposed. 

(Me.  IV  Pt.  Ill  18.) 


Index  Digest  777 


INITIATIVE   AND   REFERENDUM    (Con I'd) 
Indirect  Initiative  for  Laws    (Cont'd) 
Resubmission  if  Less  Than  Majority 

When  there  are  competing  bills  and  neither  receives  a  majority  of 
votes  given  for  or  against  both,  one  receiving  most  votes  shall 
at  next  general  election  to  be  held  not  less  than  60  days  after 
first  vote  thereon,  be  submitted  by  itself  if  it  receives  more  than 
one-third  of  votes  given  for  and  against  both.     (Me.  IV  Pt.  Ill 

13.) 
Vote  Necessary  to  Adopt  Measure  Submitted 

A  majority  of  all  votes  cast  thereon.     (New  XIX  .°> ;  X.D.  II  25 

(1914)  ;  Ohio  II  lb.) 
Direct  Initiative  for  Constitutional  Amendments 

For  provisions   relating    to   all  forms   of  initiative,   See   above,    tins 

title,  Initiative. 
Title  of  Petition 

Petitions  shall  have  printed  across  top  in  twelve-point  black-face 
type,    "  Initiative   Measure  to   be   Submitted    Directly   to   the 

Electors".     (Cal.  IV  1.) 

Petition  shall  have  printed  or  written  at  top  such  heading  as 

shall  be  designated  or  prescribed  by  secretary  of  state.     (Mich. 

XVII  2.) 
Petitions  shall  have  printed  across  top  "Amendment  to  the  Con- 
stitution   Proposed    by    Initiative    Petition    to    be    Submitted 
Directly  to  the  Electors".     (Ohio  II  la.) 
Enacting  Clause 

Be  it  resolved  by  the  people  of  the  state  of.     (Ohio  II  lg. ) 
Contents  of  Petition 

Every  petition  shall  contain  the  full  text  of  proposed  amendment. 

(Mich.  XVII  2.) 
Form  of  Petition 

The  petition  shall  consist  of  sheets  in  such  form  as  shall  be  pre- 
scribed by  secretary  of  state.      (Mich.  XVII  2.) 
Who  May  Sign  Petitions 

Qualified  voters.     (Mich.  XVII  2.) 
Manner  of  Signing  Petition 

In  person  only.      (Mich.  XVII  2.) 
Information   Required  with  Signature 

Eesidence  address  and  date  of  signing.     (Mich.  XVII  2.) 
Affidavit  Verifying  Signatures 

Electors  circulating  petition  to  state  that  each  signature  is 
genuine  and  that  each  person  signing  was  at  that  time  a 
qualified  elector.  Verified  petition  to  be  prima  facie  evidence 
that  signatures  are  genuine  and  persons  signing  are  qualified 

„      ,         ,.  „.  ,         .  .  electors.     (Mich.  XVII  2.) 

Number  of  Signers  of  Petition 

Eight  per  centum  of  legal  voters.      (Cal.  IV  1.) 
Not  less  than  10  per  cent,  of  legal  voters.      (Mich.  XVII  2.) 
Ten  per  centum  of  electors  required:   provided  that  petitions  be 
filed  from  each  of  one-half   of  counties   of  state  bearing   sig- 
natures of  not  less  than   one-half  of  designated  percentage  of 
electors  of  such  county.      fOhio  II  lb,  lg.) 


--  g  State  Constitutions 


INITIATIVE   AND   REFERENDUM    {Cont'd)      ■ 

[ATIVE    FOB    CONSTITUTIONAL    AMENDMENTS     {Cont'd) 

•nber  of  Signers  of  Petition   {Cont'd) 

than  10  per  cent,  of  qualified  voters.     (Nev.  XIX  3.) 
fifteen  per  cent,  of  legal  voters.     (Ariz.  IV  Pt.  I  1(2),  XXI  1; 

Okla.  V  2.) 

Fifteen    per  cent,   of  legal  voters,   so   distributed   as  to   include 

.")  j.cr  cent,  of  legal  voters  in  each  of  two-fifths  of  counties  of 

state.      (Nebr.  Ill  1A.) 
A  i  least  2.")  per  cent,  of  legal  voters  in  each  of  not  less  than  one- 
half  of  counties  of  state.      (N.D.  XV  202    (2)    (1914).) 

Basis  for  Computing  Number  of  Signers 

Total  votes  cast  for  governor  at  regular  election  last  preceding 
filing    of    any    petition    proposing    an    amendment.       (Mich. 

XVII  2.) 
Total   votes   for   all   candidates   for   governor   at    last   preceding 
general  election.      (Ariz.  XXI  1.) 

Filing  Petition 

With  secretary  of  state.      (Ariz.  XXI   1;   Mich.   XVII  2;   N.D. 

XV  202   (2)    (1914).) 
Not    less    than    30    days    before    any    regular    session    of    legis- 
lature.    (Nev.  XIX  3.) 
Nol   less  than  four  months  before  election  at  which  amendment 

i-  to  be  voted  upon.     (Mich.  XVII  2.) 
At   least   six  months  previous  to  a  general  election.      (N.D.  XV 

202    (2)     (1914).) 
Examination  of  Signatures  to  Petition 

Upon  receipt  of  any  petition,  secretary  of  state  shall  canvass 
Bame  to  ascertain  if  it  has  been  signed  by  requisite  number 
of  qualified  voters.      (Mich.  XVII  2.) 

Submission  to  Electors 
Notice 

Until  method  of  publicity  otherwise  provided  by  law,  pub- 
lished  by  secretary  of  state  in  one  newspaper  in  each 
county  fur  90  days,   in  manner  prescribed  by  law.      (Ariz. 

XXI  1.) 
I'-vt  of  all  amendments  submitted  to  be  published  as  con- 
stitutional amendments  are  published.  "Published  in 
full  with  any  existing  provisions  of  the  constitution 
which  would  be  altered  or  abrogated  thereby  ",  copy  posted 
al    each    registration   place.     Printed   in   full   on   ballots. 

(Mich.  XVII  2,  3.) 
proposed  amendment  or  amendments  shall  be  published 
the  legislature  may  provide  for  three  months  previous 
to  the  general  election,  and  shall  be  placed  upon  the  ballot 
al   that  election.      (N.D.  XV  202    (2)    (1914).) 
B  i  u  ) 

etary  of  state.     (Ariz.  XXI  1;  Mich.  XVII  2.) 


Index  Digest  770 


INITIATIVE   AND   REFERENDUM    {Cont'd) 

Direct  Initiative  for  Constitutional  Amendments    {Cont'd) 
Submission  to  Electors   ('Cont'd) 
Time  of 

At  next  general  election,  except  when  legislature  calls  special 

election  for  vote  on  amendment.      (Ariz.  XXI  1.) 
At   first   regular   election    held   not   less   than    four   months 

after  filing  of  petition.      (Nebr.  Ill  1A.) 
At  next  regular  election  at  which  any  state  officer  is  to  be 

elected.     (Mich.  XVII  2.) 
At  next  ensuing  regular  or  general  election  occurring  subse- 
quent to  90  days  after  presentation  of  petition  to  secre- 
tary of  state.     (Ohio  II  la.) 
At  next  succeeding  general  election  occurring  subsequent  to 
90    days    after    presentation    of    petition    to    secretary    of 
state,   or   any   special   election   called  by  governor,   in  his 
discretion,  prior  to  such  general  election.     (Cal.  IV  1.) 

Manner  of  Submission 

When  two  or  more  amendments  shall  be  submitted  to  voters 
at  same  election,  they  shall  be  so  submitted  that  each 
amendment  shall  be  voted  on  separately.     (Ore.  XVII  1.) 

Conflicting  Measures 

If  conflicting  proposed  amendments  shall  be  approved  at 
same  election,  one  receiving  highest  number  of  affirmative 
votes  shall  be  amendment  to  constitution.      (Ohio  II  lb.) 

Vote  Necessary  to  Adopt 

A  majority  of  those  voting  thereon.      (Ariz.  XXI  1;   Mich. 

XVII   2;   Nev.  XIX   3;   Ohio  II   lb.) 
A  majority  of  votes  cast  at  election.      (Okla.  V  3.) 
A  majority  of  all   legal  votes  cast   at   a  general   election. 

(N.D.  XV  202    (2)    (1914).) 
Determination  of  Result 

Votes  canvassed  by  secretary  of  state  in  presence  of  gover- 
nor and,  if  requisite  majority,  governor  to  proclaim 
amendment     adopted     as     part     of     constitution.        (Ore. 

XVII   1.) 
Time  of  Taking  Effect 

Thirty    days    after   election    at   which    it    is    approved.       (Mich. 

XVII   2.) 
From   date   of   proclamation   by  governor   that   amendment    has 

been  adopted.      (Ore.  XVII  1.) 

Submission  to  Legislature  After  Approval  by  Electors 

Should  any  initiated  amendment  receive  a  majority  of  legal 
votes  cast  at  a  general  election  at  which  it  is  submitted, 
such  amendment  shall  be  referred  to  next  legislature  and 
should  such  proposed  amendment  be  agreed  upon  by  a  majority 
of  all  members  elected  to  each  house,  such  amendment  shall 
become  a  part  of  constitution.     (N.D.  XV  202   (2)    (1914).) 


S :  ate  Constitutions 


ND   REFERENDUM    [CorifS) 

monal  Amendments    (Cont'd) 
ubmission  to  Electors  After  Rejection  by  Legislature 

I  proposed  by  initiated  petition  and  receiving 
a  majority  of  all  votes  east  at  general  election  as  herein 
provided,  but  failing  to  receive  approval  by  following  legis- 
lature to  which  it  lias  been  referred,  shall  again  be  submitted 
to  people  at  next  general  election  as  at  previous  general 
election.  Should  such  amendment  receive  a  majority  of  all 
legal  (notes  cast  at  such  succeeding  general  election  such 
amendment   shall   at   once  become  a   part  of  the  constitution. 

iX.D.  XV  202    (2)    (1914).) 
Interval  Until  Resubmission  of  Measure 

.    amendment   proposed  by  initiative  petition   and  failing  of 
adoption,    .-hall   not   be   again   considered   until    expiration   of 
six  years.     (X.D.  XV  202   (2)    (1914i.i 
Ordinary  Process  of  Amendment  Not  to  Conflict 

The  method  of  submitting  and  adopting  amendments  to  the 
constitution  provided  by  this  section  shall  be  supplementary 
to  the  method  prescribed  in  the  article  of  this  constitution, 
entitled  "  Amendments  ",  and  latter  shall  in  no  case  be  con- 
strued to  conflict  herewith.  (Xebr.  Ill  ID.) 
Indirect   Initiative  for  Constitutional   Amendments 

For  provisions  relating   io  all  forms   of   initiative,  See   above,    this 

title,  Initiative. 
Established 

But    no    special    provisions    in    constitution    for    its    operation. 

(X'ev.  XIX  3;   Ohio  II   1.) 
Procedure 

Apparently   same   as   for   indirect   initiative  for   laws,   although 
procedure  for  indirect  initiative  applies  in  terms  to  laws  only. 

(X'ev.  XIX  3;    Ohio  II   lb.) 
Referendum 

For  provisions  common  to  both  initiative  and  referendum,  See  above, 
this  titi. ,  p  ■.-  Common  to. 

■  ndum,    See    beloio,    this    title,    Local    Initiative    and 

Referendum. 
amendments   to   constitution  referred  by  lemslatwre   to  people, 
Amendment  or  Revision  of  Constitution. 
Defined 

served  to  people)    at  their  own  option  to  approve  or 

•  at  polla  any  act  of  legislature,  except,  etc.      (Ark.  V  1; 

Mich.   V   1:   Mo.  IV  57;   Mont,  V  1;  Okla.   V  1;   Ore.  IV  1.) 

ed    to  people)    to  approve   or  reject  at  polls  any 

■  item,  section,  or  part  of  bill,  act  or  law  passed  by  legis- 

.     (Ariz.  IV  Pt.  I  1    (1)  ;  Colo.  V  I;  Wash. 

II  1.) 
red  to  people)    at  their  own   option   to   adopt   or 
t  polls,  independent  of  legislature,  any  act  or  section 
t  "f  any  act  passed  by  legislature.      (Cal.  IV  1.) 


Index  Digest  7s  1 


INITIATIVE   AND   REFERENDUM    (Conf'h 
Referendum   |  Cont'd) 
Defined   { Cont'd) 

Power    (reserved  to  people)    to  approve  or  reject   at  polls  any 

act  or  measure  passed  by  legislature.      (Ida.  Ill  1.) 
Power    (reserved  to  people)    at  their  own   option  to  approve  or 
reject  at  polls  any  act,  bill,  resolve  or  resolution  passed  by 
joint    action    of    both    branches    of    legislature,    except,    etc. 

(Me.  IV  Pt.  I  1.) 
Power    (reserved  to  people)    to   approve  or   reject   at  polls   any 
act,   item,   section  or  part  of   any  act,   passed  by  legislature, 
except,  etc.      (Nebr.  Ill   IB;  Xev.  XIX  3.) 
-  Power    (reserved   to  people)    to  disapprove,   suspend  and  annul 

laws  enacted  by  legislature.  (X.M.  IV  1.) 
Power  (reserved  to  people)  to  order  any  act,  item,  or  part  of 
any  act  to  be  referred  to  people  for  their  approval  or  rejec- 
tion at  polls,  except,  etc.  (N.D.  II  25,  1914.) 
Power  (reserved  to  people)  to  adopt  or  reject  any  law,  section 
of  any  law,  or  any  item  in  any  law  appropriating  money 
passed  bv   legislature,   except   as  hereinafter   provided.      (Ohio 

II  1.) 
Right    (reserved   to   people)    to   require  that   laws   which   legis- 
lature may  have  enacted  shall  be  submitted  to  vote  of  electors 
of  state  before  going  into  effect.      (S.D.  Ill   1.) 
Applicable  to  Part  of  a  Law 

People    may    demand    referendum    against    one    or    more    items, 
sections   or  parts   of   any  act   of   legislature  in   same  manner 
in   which    such   power    may  be   exercised   against    a   complete 
act.      (Mich.  V   1;  Okla.  V  4;  Ore.  IV  la;   Wash.  II  lb.) 
To  What  Measures  Applicable 

Any  except  those  specifically  prohibited.  (Ariz.  IV  Pt.  II  (3)  ; 
Ark.  V  1;  Colo.  V  1;  Me.  IV  Pt.  Ill  16;  Mich.  V  1;  Mo.  IV 
57:  Mont.  V  1;  Xebr.  Ill  1C;  X.M.  IV  1;  X.D.  II  25  (1914)  : 
Okla.  V  2;   Ore.   IV   1;   SJX  III    1;   Utah  IV   1    (2);   Wash. 

II  lb.) 
Any.      (Cal.  IV  1;   Ida.  Ill  1;  Xev.  XIX  1.) 
Laws  appropriating  money,  except,  etc.      (Ohio  II   lc.) 
To  What  Measures  Not  Applicable 

Laws    necessary    for    immediate    preservation    of    public    peace, 

health  or   safety.      (Ariz.   IV   Pt.   II    (3);   Ark.  V   1;    Colo. 

V  1;   Mo.  IV  57;  Mont.  V  1:  X.M.  IV  1;  X.D.  II  25    (1914)  : 

Ohio  II  Id;  Okla.  V  2;  Ore.  IV  1;  S.D.  VII  1;  Wash.  II  lb.) 

Local    and    special    law-    which    the    legislature    cannot    enact. 

(Mont.  V  1;   X.M.  IV  1.) 

Laws  for  support  of  state  government.      (Ariz.  IV  Pt.  I  1    (3)  ; 

Mo.   IV  57;    Nebr.   Ill    1C;    Ohio   II    Id;    S.D.   Ill    1;    Wash. 

II    lb.) 
Laws  for  support  of  state  institutions.     (Ariz.  IV  Pt.  I  1    (3)  ; 

Colo.  V  1:  Mich.  V  1:  Mo.  IV  57;  X.M.  IV  1;  Ohio  II  Id.) 
Laws  for  support  of  existing  public  institutions.     (Xebr.  Ill  1C; 

S.D.  Ill  1;  Wash.  II  lb.) 


S    .,:    Constitutions 


IATIVE    AND   REFERENDUM    {Cont'd) 
I '-/ 1 
To  What  Measures  Not  Applicable   (Cont'd) 

Law-  for  suppmt  of  public  schools.      (Mo.  IV  57;   N".M.  IV   1.) 
Appropriation  laws.      (Mont.  V  1.) 

rural  appropriation  laws.     (N.M.  IV  1.) 
Appropriation  laws  to  meet  deficiencies  in  state  funds.     (Mich. 

V  1.) 
Appropriation  laws  for  department  of  state.  (Colo.  V  1.) 
Laws  providing  for  tax  levies.  (Ohio  II  lc,  Id.) 
Laws  for  payment  of  public  debt  or  interest  thereon,  or  creation 
or  funding  of  same,  except  as  in  constitution  otherwise  pro- 
vided. (N.M.  IV  1.) 
Laws   passed   by   a   two-thirds  vote  of  members   elected   to  each 

house  of  the  legislature.      (Utah  VI   1    (2).) 
Such  orders  or  resolutions  as  pertain  solely  to  facilitating  per- 
formance of  business  of  legislature,  of  either  branch,  or  of 
any  committee  or  officer  thereof,  or  appropriate  money  there- 
for or  for  payment  of  salaries  fixed  by  law,  or   emergency 

measures.     (Me.  IV  Pt.  Ill  16,  17.) 
When  Measures  Passed  by  Legislature  Become  Effective 

X'o   act   shall   take   effect   until    60   days   after   adjournment   of 
session  at  which  it  was  passed,  unless  legislature  by  vote  of 
two-thirds  of  all  members  elected  to  each  house  shall  other- 
wise direct.     (Utah  VI  25.) 
Xo  act,  law  or  bill  subject  to  referendum  shall  take  effect  until 
90    days    after    adjournment    of    session    at    which    enacted. 
(Ariz.  TV  Pt.  II    (3)  ;  Wash.  II  lc.) 
No    act    shall   take   effect   until    90    days    from    end    of    session 
at    which    same    shall    have    been    passed,    except    in    case    of 
emergency.      (Ore.  IV  28;   S.D.  Ill  22.) 
X"    act    shall    take    effect    until    90    days    after    adjournment 
of  session  at  which  it  was  passed,  except  enactments  for  carry- 
ing into  effect  provisions  relating  to  initiative  and  referendum, 
or  a  general   appropriation  bill,  unless  in  case  of  emergency. 

(Okla.  V  58.) 

Xi  law  except  general  appropriation  act  shall  take  effect  or  go 

into    force    until    90    days    after    adjournment    of    session    at 

which    it    was   enacted,   unless   in    case   of   emergency.      (Mo. 

IV  36;   N.M.  IV  23.) 
No    a.t     passed    by    legislature    shall    go    into    effect    until    90 
day-   after  final   adjournment  of  session   of  legislature  which 
passed   such  act,  except  such  acts  making   appropriation  and 
I'll    art-    immediately   necessary   for   preservation    of    public 
peace,  health  or  safety,  as  have  been  given  immediate  effect 
by  action  of  legislature.      (Mich.  V  1.) 
Xo    law    passed    by    legislature    shall    go    into    effect    until    90 
days    after   it   shall   have  been   filed  by  governor   in   office   of 
tary  of  state,  except  laws  providing  for  tax  levies,  appro- 
priation^ for  current  expenses  of  state  government  and  state 


Index  Digest  783 


INITIATIVE   AND   REFERENDUM    [Cont'd^ 

Referendum   (Cont'd) 

When  Measures  Passed  by  Legislature  Become  Effective   (Cont'd) 

institutions;  and  emergency  laws  necessary  for  immediate 
preservation  of  public  peace,  health,  or  safety,  which  shall  go 
into  immediate  effect.  (Ohio  II  lc,  Id.) 
No  act  passed  by  legislature  shall  go  into  effect  until  90  days 
after  final  adjournment  of  session  of  legislature  which 
passed  such  act,  except  acts  calling  elections,  acts  providing 
for  tax  levies  or  appropriations  for  usual  current  expenses 
of  state,  and  urgency  measures  necessary  for  immediate  preser- 
vation of  public  peace,  health,  or  safety,  passed  by  two-thirds 
vote  of  all  members  elected  to  each  house.  (Cal.  IV  1.) 
No  act  or  joint  resolution  of  legislature,  except  such  orders  or 
resolutions  as  pertain  solely  to  facilitating  performance  of 
business  of  legislature,  of  either  branch  or  of  any  committee  or 
office  thereof,  or  appropriate  money  therefor  or  for  payment 
of  salaries  fixed  by  law,  shall  take  effect  until  90  days 
after  recess  of  legislature  passing  it,  unless  in  case  of  emer- 
gency (which  with  facts  constituting  emergency,  shall  be 
expressed  in  preamble  of  act)  legislature  shall,  by  vote  of  two- 
thirds  of  all  members  elected  to  each  house,  otherwise  direct. 

(Me.  IV  Pt.  Ill   16.) 
No  act  shall  take  effect  until  three  calendar  months  from  end 
of  session  at  which  same  shall  have  been  passed,  except  in 
case  of  emergency.     (Nebr.  Ill  24.) 
Emergency  Measures 
Defined 

Any  act  so  declared.     (Mo.  IV  36.) 
Acts  making  appropriations.     (Mich.  VI.) 
Measures  for  support  of  state  government  and  state  institu- 
tions.     (Ariz.  IV  Pt.  I  1    (3)  ;   S.D.  Ill  1.) 
Measures  immediately  necessary  for  preservation  of  public 
peace,  health  or  safety.     (Ariz.  IV  Pt.  I  1   (3)  ;  Mich.  V 
1;   Nebr.  Ill   1C;  N.M.  IV  23;   Ohio  II  Id;   S.D.  Ill  1.) 
Any   law   necessary    for    immediate   preservation    of    public 
peace,  health  or  safety,  provided,  however,  that  no  meas- 
ure creating  or  abolishing  any  office  or  changing  salary, 
term  or  duties  of  any  officer,  or  granting  any  franchise 
or  special  privilege,  shall  be  construed  to  be  an  emergency 

measure.  (Cal.  IV  1.) 
Such  measures  as  are  immediately  necessary  for  preservation 
of  public  peace,  health  or  safety;  but  shall  not  include 
( 1 )  an  infringement  of  the  right  of  home  rule  for  munici- 
palities, (2)  a  franchise  or  license  to  a  corporation  or 
an  individual  to  extend  longer  than  one  year,  or  (3)  pro- 
visions for  sale  or  purchase  or  renting  for  more  than  five 
years  of  real  estate.  (Me.  IV  Pt.  Ill  16.) 
Only  such  measures  as  are  immediately  necessary  for  pres- 
ervation of  public  peace,  health  or  safety,  and  shall  not 


loysTrtTTiQN* 


INITIATIVE   AND   REFERENDUM    (Conftl) 

••cy  Measures    Uonfch 

<J  i  , . 

ni,hl,U-  ..anung  of  franchises  or  license  to  a  corporation 
,  r  individual,  to  extend  longer  than  one  year,  nor  pro- 
,,.,„,,  f,,-  purchase,  or  sale  of  real  estate,  nor  renting 
or  encumbrance  of  real  property  for  a  longer  term  than 

one  year.      (Okla.  V  58.) 

■■nc;i  to  be  stated 
In  act.      (Okla.  V  58.) 
I„   preamble   or  in  body  of   the  law.      (Mo.   IV   36;   Nebr. 

Ill  24:   Ore.  IV  28;   S.D.  Ill  22.) 
With   facts   constituting  it,   in   preamble  of    act.      (Me.   IV 

Pt.   Ill    16.) 

In  separate  section.      (N.M.  IV  23.) 

fcnv  facts  creating  same,  in  one  section  of  bill.      (N.D.  II 

25    (1914).) 

In  one  section  of   act,  which   shall  be  passed  only  upon  a 
yea  and  nav  vote,  upon  a  separate  roll  call  thereon.     (Cal. 

IV  1;  Ohio  II  Id.) 

Mariner  of  Passina 

By  a  two-thirds  vote  of  all  members  elected  to  each  house. 

\<  al.   IV   1;    Me.   IV  Pt.  Ill   16;   Nebr.   Ill   24;   N.M;  IV 

23;  Ohio  II  Id;  S.D.  Ill  22.) 

By  a  two-thirds  vote  of  all  members  elected  to  each  house,  to 

be   taken   by   yeas    and    nays    and   entered   upon   journal. 

(Mo.  IV  36.) 
Upon  aye  and  no  vote  in  each  house,  if  two-thirds  of  mem- 
bers elected  to  each  house  shall  vote  on  a  separate  roll- 
call  in  favor  of  law  going  into  instant  operation.      (N.D. 

II  25  (1914).) 
Upon  aye  and  no  vote  in  each  house,  if  two-thirds  of  mem- 
ber- elected  to  each  house  shall  vote  on  a  separate  roll- 
call  in  favor  of  law  going  into  instant  operation.  And 
in  case  of  veto  by  governor,  upon  approval  of  three- 
fourths  of  members  elected  to  each  house,  taken  by  roll 
call  of  ayes  and  nays.  (Ariz.  IV  Pt.  I  1  (3).) 
By  two-thirds  vote  of  all  members  elected  to  each  house 
and  in  case  of  a  veto  by  governor,  then  by  three-fourths 
vitf    of  each  house  to  be  duly  entered  on  journal.      (Okla. 

V  58.) 
Bj    action  of  legislature.      (Mich.  V  1.) 

■  Taking  Eff< 

Immediately.      (Cal.  IV  lj  Mich.  V  1;  Ohio  II  Id;  Ore.  IV 

2S;  Wash.  II  1.) 

Immediately   upon   approval   by   governor.      (N.M.   IV   23; 

N.D.  II  25   (1914).) 

Immediately  upon   approval   by  governor   or   upon   passage 

over  his  veto  by  a  three-fourths  vote.      (Ariz.  IV  Pt.  I 

1   (3).) 


Inhkx  Digest  785 


INITIATIVE   AND   REFERENDUM    (Cont'd) 
Referendum    [Cont'd) 

Emergency  Measures    I  Cont'd) 

Time  of  Taking  Effect    {Cont'd | 

At  such  time  as  legislature  shall  direct,  upon  approval  by 
governor,    or    after    passage    over    his    veto,    by    a    three- 
fourths  vote  of  each  house.      (Okla.  V  58.) 
When  legislature  directs.      (.Me.  IV  Et.  Ill  10;  Mo.  IV  36; 

Xebr.  Ill  24;  S.D.  Ill  22.) 
Length  of  Time  Effective 

Until  rejected  by  voters  or  repealed  by  legislature.      (Xebr. 

Ill   1C.) 
May  Be  Ordered  by  Legislature 

General  provisions.     (Colo.  V  1.) 

If    a   majority    of   members    elect   vote    therefor.       (N.D.    II   25 

(1914).) 
As  other  bills  are  enacted.      (Ark.  V  1;  Mo.  IV  57;  Mont,  V  1; 

Okla.  V  12;  Ore.  IV  1;  Wash.  II  lb.) 
Legislature    may    enact    measures    expressly    conditional    upon 
people's  ratification  by  a  referendum  vote.      (Me.  IV  Pt.  Ill 

19.) 
Except  upon  laws  immediately  necessary  for  preservation  of  pub- 
lic peace,  health  or  safety  or  for  support  and  maintenance  of 
departments   of   state   government   and   of   state   institutions. 

(Ariz.  IVPt.  I  1  (3).) 
To  Whom  Petition  Addressed 

To  governor  of  state.     (Me.  IV  Pt.  Ill  17.) 
Manner  of  Signing  Petition 

Persons  who  cannot  write,  may  sign  with  their  mark.      (X.M. 

IV  1.) 
Number  of  Signers  of  Petition 

Five  per  centum  of  the  legal  voters.      (Ariz.  IV  Pt.   I   1    (3)  ; 

Cal.  IV  1;  Colo.  V  1;  Mich.  V  1;  Okla.  V  2;  Ore.  IV  1.) 
Five  per  centum  of  legal  voters  in  each  of  at  least  two-thirds 

of  congressional  districts  in  state.      (Mo.  IV  57.) 
Five  per  centum  of  legal  voters,  provided  that  two-fifths  of  whole 
number  of  counties   of  state  must   each  furnish  as  signers  5 
per  cent,  of  legal  voters  in  such  county.      (Mont.  V  1.) 
Not  more  than  5  per  centum  of  legal  voters.     (S.D.  Ill  1.) 
Six  per  centum,  but  in  no  case  more  than  30,000  of  legal  voters. 

(Wash.  II  lb.) 

Six  per  cent,  of  electors;   provided  that  petitions  be  filed  from 

each  of  one-half  of  counties  of  state,  bearing  signatures  of  not 

less  than  one-half  of  designated  percentage  of  electors  of  such 

county.     (Ohio  II  lc,  lg. ) 
Ten  per  centum  of  voters  of  state.     (Xev.  XIX  1.) 
Ten  per  cent,  of  legal  vulers  of  state  from  a  majority  of  counties. 

(N.D.   II  25    (1914).) 

Ten  per  centum  of  voters  of  state,  so  distributed  as  to  include 

5  per  cent,  of  legal  voters  in  each  of  two-fifths  of  counties  of 

state.      (Xebr.  Ill  IB.) 


Stalk  Constitutions 


INITIATIVE   AND   REFERENDUM    (Contd) 

Number  of  Signers  of  Petition   (Cont'd) 

than    1"   per   centum   of   qualified   electors   of   each   of 
three-fourths  of  counties  and  in  aggregate  by  not  less  than  10 
per  centum  of  qualified  electors  of  the  state.      (N.M.  IV  1.) 
N,,t   Less  than  10,000  electors.     (Me.  IV  Pt.  Ill  17.) 

Fraud   in   Signing   Petition 

my  for  any  person  to  sign  petition  with  any  other  name  than 
bis  own,  or  to  sign  his  name  more  than  once  for  same  measure, 
or  t.-  sign  a  petition  if  not  a  qualified  voter  in  county,  specified 
in  petition;  provided  that  this  shall  not  be  construed  to  pro- 
hibit the  writing  on  a  petition  of  name  of  any  person  who 
cannot  write,  and  who  signs  same  with  his  mark.     (N.M.  IV  1.) 

Filing  Petition 

Piled  witli  secretary  of  state.     (Me.  IV  Pt.  Ill  17;  N.M.  IV  1.) 
Within   90  days  after  recess  of  legislature.      (Me.   IV  Pt.   Ill 

17.) 

Not    more  than  90  days   after   final   adjournment  of   session   of 

legislature,    which    passed   measure    on    which    referendum    is 

demanded.     (Ariz.  IV  Pt.  I  1   (4)  ;  Ark.  V  1;  Cal.  IV  1;  Colo. 

V  1;  Mich.  V  1;  Mo.  IV  57;  N.D.  II  25    (1914)  ;  Okla.  V  3; 

Ore.  IV  1;  Wash.  II  Id.) 

Within   90  days   after   legislature  enacting   same   adjourns  sine 

die   or    for    period    longer    than    90    days.       (Nebr.    Ill    IB.) 

Within  90  days  after  law  shall  have  been  filed  by  governor  in 

office  of  secretary  of  state.     (Ohio  II  lc.) 
Not  less  than  four  months  prior  to  next  general  election.     (N.M. 

IV  1.) 

Not  later  than  six  months  after  final  adjournment  of  session  of 

legislature  which  passed  bill  on  which  referendum  is  demanded. 

(Mont.  VI.) 

Suspension  of  Operation  of  Referred  Measure 

By  ordinary  petition  pending  approval  of  voters.  (Ariz.  IV  Pt. 
I  1(5)  ;  Ark.  V  1;  Colo.  VI;  Me.  IV  Pt.  Ill  17;  Mich.  V  1; 
Mo.  IV  57;  N.D.  II  25  (1914)  ;  Ohio  II  lc;  Okla.  V  3;  Ore. 
IV  1;  S.D.  Ill  1;  Utah  VI  1(2)  ;  Wash.  II  Id.) 
Same;  provided  that  emergency  acts  or  acts  for  immediate  preser- 
vation of  public  peace,  health  or  safety  shall  continue  in  effect 
until  rejected  by  voters  or  repealed  by  legislature.    (Cal.  IV  1; 

Nebr.  Ill  1C.) 
Bj  extraordinary  petition  signed  by  15  per  cent,  of  legal  voters 

of  majority  of  whole  number  of  counties.      (Mont.  V  1.) 
By  extraordinary  petition  signed  by  not  less  than  25  per  centum 
of   qualified    electors   under   each   of   conditions   necessary   for 
filing   of   an   ordinary   petition,   if    filed   within   90   days   after 
adjournment  of  session  of  legislature  which  passed  law.      (N.M 

IV  1.) 
Only  after  rejection  by  voters.     (Nev.  XIX  2.) 


Index  Digest  787 


INITIATIVE   AND   REFERENDUM    (Cont'd) 
Referendum   (Cont'd) 

Application  to  Part  of  Measure 

Filing  of  referendum  petition  against  one  or  more  items,  sec- 
tions, or  parts  of  an  act  shall  not  delay  remainder  of  that  act 
from  becoming  operative.  (Ariz.  IV  Pt.  I  1(4);  Cal.  IV  1  ? 
Colo.  V  1;  Nebr.  Ill  1C;  N.D.  II  25  (1914);  Ohio  II  lc; 
Okla.  V  4;  Ore.  IV  la;  Wash.  II  Id.) 
Proclamation  by  Governor 

As  soon  as  it  appears  that  effect  of  any  act,  bill,  resolve,  or 
resolution  or  part  or  parts  thereof  has  been  suspended  by 
petition  in  manner  aforesaid,  governor,  by  public  proclama- 
tion, shall  give  notice  and  of  time  when  such  measure  is  to  be 
voted  on  by  people.  (Me.  IV  Pt.  Ill  17.) 
Submission  to  Electors 

At  next  general  election.      (N.M.  IV  1.) 

At  next  succeeding  general  election  occurring  at  any  time  sub- 
sequent to  30  days  after  riling  of  petition.      (Nebr.  Ill   IB.) 
At  next  succeeding  general  election  occurring  at  any  time  sub- 
sequent to  30  days  after  filing  of  petition,  or  at  any  special 
election  which  may  be   called   by  governor  in   his  discretion, 
prior  to  such  regular  election.     (Cal.  IV  1.) 
At  next  succeeding  regular  or  general  election  in  any  year  occur 
ring  subsequent  to  60  days  after  filing  petition.     (Ohio  II  lc. ) 
At    next    general    election    not    less    than    60    days    after    gov- 
ernor's proclamation,  or  in  case  of  no  general  election  in  six 
months  thereafter,  governor  may,  and  if  so  requested  in  said 
written  petition  therefor,  shall  order  such  measure  submitted 
to  people  at  special  election  not  less  than  four  nor  more  than 
six  months  after  his  proclamation  thereof.      (Me.  IV  Pt.  Ill 

17.) 
At  next  ensuing  election  wherein   state  or  congressional   officer 
is  to  be  voted  for,  or  wherein  any  question  may  be  voted  on 
by  electors  of  entire  state.      (Nev.  XIX  1.) 
Vote   Necessary  to  Adoption 

Majority   of   votes   cast   thereon.      (Nebr.   Ill    ID;    N.D.    II    25 

(1914)  ;  Okla.  V  3.) 
Majority  of  electors  voting  at  state  election.     (Nev.  XIX  3.) 
Measure  shall  be  rejected  if  majority  of  legal  votes  cast  thereon, 
and  not  less  than  40  per  cent,  of  total  number  of  legal  votes 
cast  at  election  be  cast  for  its  rejection.     (N.M.  IV  1.) 
Effect  of  Rejection  of  Measure  by  Electors 

If  electors  reject  referred  law  it  shall  be  annulled  and  thereby 
repealed  with  same  effect  as  if  legislature  had  then  repealed 
it,   and  such  repeal  shall  revive  any  law  repealed  by  act  so 

annulled.      (N.M.  IV  1.) 
To  Take  Effect 

Upon   publication  of   certificate   of   secretary   of  state  declaring 

result  of  vote  thereon       (N.M.  TV  1.) 
Thirty  days  after  governor  shall  have  announced  by  proclama- 
tion that  same  was  ratified.      (Me.  IV  Pt.  Ill  17.) 


: .    I  iONSTlTPriONS 




.1ATIVE    AND   REFERENDUM    (Confd) 
I  '</ ) 
aendment   and   Repeal   of   Adopted   Measure 

-    accepted    by   people   under    referendum   may  be 
ided    l'\     legislature    at    any    subsequent    session    thereof. 

(Cal.  IV  1;  Mich.  VI.) 
NN  I  law  or  resolution  shall  be  adopted  by  electors 

U   stand   as   law   of   state,   and   shall   not  be  overruled, 
annulled,  set  aside,  suspended  or  in  any  way  made  inoperative, 
ept  bj   direct  vote  of  people.      (Nev.  XIX  2.) 
Legislature    to    Make    Provisions 

slat  ure  shall  enact  laws  necessary  for  effective  exercise  of 

referendum  power.     (N.M.  IV  1.) 

I  Ml  I  \  1  CVE    AXU     Kl.l  ■■KRL.NDUM 

Reserved 

I   votera   of  any  legal  subdivision   of  state.      (Utah  VI 

1(2).) 
1  i  qualified  electors  of  every  incorporated  city,  town  and  county. 

(Ariz.  IV  Pt.  I  1(8).) 
To  electors  of  each  county,  city  and  county,  city  and  town   of 

state.     (Cal.  IV  1.) 
To  qualified  electors  of  each  county,  municipality  and  district. 

(Ore.  IV  la.) 
To  people  of  each  municipality  and  each  county.      (Ark.  V   1; 

Nev.  XIX  3.) 
To   legal   voters   of   every   county   and   district   therein.      (Okla 

V  5.) 
To  legal  BOteirB  of  every  city,  town  and  municipality.  (Colo.  V  1.) 
City  council  of  any  city  may  establish  for  electors  of  such  city 
in  regard  to  its  municipal  affairs,  provided  that  ordinance 
establishing  and  providing  method  of  exercising  shall  not 
take  effect  until  ratified  by  vote  of  a  majority  of  electors  of 
such   city  voting   thereon   at   a   municipal  election.      (Me.   IV 

Pt.  Ill  21.) 
To  :  of  each  municipality.      (Ohio  II  If;   S.D.  Ill   1.) 

Do  people  Of  every  municipal  corporation  now  existing  or  here- 
r  created   within  state.      (Okla.  XVIII  4a.)' 

To  What  Measures  Applicable 

md    amendments    to    constitution.       (Constitutional    pro- 

vision   is  so  worded  as  to  give  voters  of  municipalities  and 

ounties    exactly    same   powers   as   are   reserved   to   people   of 

although  this  was  doubtless  not  intention  of  framers.) 

(Ark.  V  1.) 
\11   local,   special   and  municipal  legislation  of  every  character. 

(Colo.  V  1;  Nev.  XIX  3;   Ore.  IV  la.) 
All   legislative  authority  which  municipal  corporation  may  exer- 
and  amendments  to  charters  for  its  own  government  in 
•rdance  with  provisions  of  constitution.     (Okla.  XVIII  4a.) 
:  legislation  and  any  law  or  ordinance  passed  by  law- 
making body.      (Utah  VI  1(2).) 


Index  Digest  789 


INITIATIVE   AND   REFERENDUM    ( r WV  i 
Local  Initiative  and  Rbfghkndu»  H'u„i'<h 
To  What  Measures  Applicable   (Cont'd) 

All  local  legislation  or  action  in  administration  of  local  govern- 
ment,     (Okla.  V  5.) 
All   local  matters   on  which   local   governments  are  or   shall   he 
,  empowered    by   general    laws    to    legislate.       (Ariz.    IV    Pt.    I 

1(8).) 
All    questions    which    municipalities    may    now    or    hereafter    be 
authorized  by  law  to  control.      (Ohio  II  If.) 
On  Franchises,  See  Municipalities  —  Public  Utilities. 
To  Whom  Petition  Addressed 

To   clerk   of   board  of   supervisors,   city   clerk   or   corresponding 

officer.    (Ariz.  IV  Pt.  I  1   (9).) 
Number  of  Signers  of  Petition 

Provided  by  law.     (Utah  VI  1(2).) 

Not  more  than  10  per  cent,  of  qualified  electors  for  referendum, 
or  more  than  15  per  cent,  for  initiative.  (Ariz.  IV  Pt.  I 
1(8)  ;  Colo.  V  1;  Nev.  XIX  3;  Ore.  IV  la.) 
Not  more  than  10  per  cent,  of  qualified  electors  for  referendum, 
or  more  than  15  per  cent,  for  initiative.  Other  percentages 
may,  however,  be  fixed  "by  law".  ( Cal.  IV  1.) 
Twice  or  double  the  ratio  to  whole  number  of  legal  voters  in 
such  county  or  district  as  provided  therefor  in  state  at  large. 

(Okla.  V  5.) 
Every  petition  for  either  initiative  or  referendum  in  government 
of  municipal  corporation  to  be  signed  by  number  of  qualified 
electors  residing  within  territorial  limits  of  corporation,  equal 
to  25  per  centum  of  total  number  of  votes  cast  at  next  pre- 
ceding election.  (Okla.  XVIII  4b.) 
Basis   for   Computing   Number   of   Signers 

Until  provided  by  general  law,  cities  and  towns  may  prescribe 
basis  on  which  percentage  shall  be  computed.      (Ariz.  IV  Pt. 

I  K8).) 
Filing  Petition 

Petition  for  initiative  or  referendum  in  government  of  municipal 
corporation  to  be  filed  with  chief  executive  officer  of  municipal 

corporation.     (Okla.  XVIII  4b.) 
Procedure 

Shall  be  provided  by  law.  Until  otherwise  provided  by  law 
legislative  body  of  any  county,  city  and  county,  city  or  town, 
may  provide  for  manner  of  exercising  initiative  and  refer- 
endum powers  reserved.  (Cal.  IV  1.) 
Shall  be  prescribed  by  general  laws,  except  that  cities  and  towns 
may  provide  for  manner  of  exercising  initiative  and  refer- 
endum powers  as  to  their  municipal  legislation.      ( Colo.  V  1 ; 

Ore.  IV   la.) 
To  be  prescribed  by  general  laws  except  that  boards  of  county 
commissioners  may   provide   for  time  of   exercising  initiative 
and  referendum  powers  as  to  local  legislation  in  their  respec- 
tive counties  and  districts.     (Okla.  V  5.) 


;    Constitutions 


INITIATIVE   AND   REFERENDUM    (Cont'd) 

\i.  Referendum  (Cont'd) 

Procedure    (Cont'>l  > 

Wished    by   municipal    ordinance,    provided,   however, 
thai   legislature  may  at  any  time  provide  a  uniform  method. 

(Me.  IV  Pt.  Ill  21.) 
Cities,  towns  and  counties  may  prescribe,  within  restrictions  of 
general  laws.     (Ariz.  IV  Pt.  I  1(8).) 
Not  to  Interfere  With  Home  Rule 

Nothing  contained  in  this  section  (establishing  local  initiative 
and  referendum)  shall  be  construed  as  affecting  or  limiting 
present  or  future  powers  of  cities  or  cities  and  counties  hav- 
ing charters  adopted  under  the  provisions  of  section  8  of 
article  XI  of  tins  constitution   (granting  home  rule  to  certain 

cities).     (Cal.  IV  1.) 
Submission  to  Electors 

To  be  provided  for  by  law.      (Nev.   XIX  3;    Ohio  II   If;    Utah 

VI  1(2).) 
When  petition  demands  enactment  of  ordinance  or  legal  act 
other  than  grant,  extension,  or  renewal  of  franchise,  chief 
executive  officer  shall  present  same  to  legislative  body  of 
municipal  corporation  at  its  next  meeting;  unless  petition  be 
granted  more  than  30  days  before  next  election  at  which 
any  city  officers  are  elected,  chief  executive  to  submit  to  quali- 
fied electors  at  that  election;  if  majority  of  electors  voting 
thereon,  vote  in  favor,  to  become  in  full  force  and  effect.  When 
petition  demands  referendum  vote  upon  ordinance  or  legal  act 
other  than  grant,  extension  or  renewal  of  franchise,  chief 
executive  to  submit  same  to  qualified  electors  at  next  suc- 
ceeding general  municipal  election;  if  majority  of  electors 
voting  thereon  do  not  vote  for  same,  to  thereupon  stand  re- 
pealed. When  petition  demands  amendment  to  charter,  chief 
executive  to  submit  same  to  qualified  electors  at  next  election 
of  any  officers  of  corporation;  if  majority  of  electors,  voting 
thereon,  vote  for  amendment,  same  to  become  amendment  to 
and  pari  of  charter  when  approved  by  governor  and  filed  in 
me    manner    and    form    as    is    required    in   case   of    original 

charter.     (Okla.  XVIII  4c,  d,  e.) 
■  governed   by  general  laws  of  state,  except  as   otherwise 
provided    in   constitution.      (Cal.   IV   1.) 
Special  Application  * 

county  may  by  a  majority  of  legal  voters  of  such  county 

upon   proposition,   abolish     township    organization    or 

raiment.      Board    of    county    commissioners   upon   petition 

■  bj    16  per  centum  of  total  number  of  votes  cast  at  last 

1    election    for    county    office    receiving   highest    number 

vote-.    3hall    within    30   days    after   a    regular   meeting   of 

I    next    envening    after    filing   of    petition,   call    a    special 

purpose,   or   board   may   in   their   discretion 

t   question   at   next   general   election  held   after  filing  of. 


Index  Digest  791 


INITIATIVE   AND   REFERENDUM    (Cont'd) 
Local  Initiative  and  Referendum   (Cont'd) 
Special  Application    (Cont'd) 

such  petition,  if  carried  township  organization  or  government 
shall  cease  in  such  county  and  all  duties  theretofore  performed 
by  township  officers  shall  be  performed  by  county  officers 
having  like  duties  to  perform  in  relation  to  county  at  large 
as  such  township  officers  performed  in  relation  to  township 
at  large.  At  any  general  election  after  abolition  of  township 
organization  or  government  question  of  returning  to  township 
government  may  be  submitted  as  provided  for  submission  of 
question  of  abolishing  such  government,  "  if  a  majority  of 
votes  cast  be  in  favor  of  township  government  same  shall 
thereupon  be  established,  and  board  of  county  commissioners 
shall  appoint  full  quota  of  township  officers  who  shall  hold 
offices  and  perform  duties  until  their  successors  shall  have 
been  elected  at  next  general  election  and  until  they  r-hall  have 
qualified.  Except  as  otherwise  specifically  provided  by  this 
section,  law  relating  to  carrying  into  effect  initiative  and 
referendum  provisions  of  constitution  shall  govern".      (Okla. 

V  5a.) 

INJURIES 

See  also  Life,  Liberty  and  Property. 
See  also  Administration  of  Justice. 
To  person,  See  Personal  Injuries. 
To  property,   See  Property. 
To  reputation,  See  Libel  and  Slander. 
Death,  See  Death. 

Injury    to    rights    to   be    adequately    redressed    by    due    process   of     law. 

(La.  6.) 
Injury  to  immunities  to  be  redressed  by  due  course  of  law.  (Me.  I  19.) 
Right  of  action  to  recover  damages  for  injuries  shall  never  be  abrogated 

and  amount  recovered  not  to  be  subject  to  statutory  limitation.      (Ariz. 

XVIII  6.) 
Defense  of  contributory  negligence  or  of  assumption  of  risk  in  all  cases 

whatever   to   be   question   of   fact   for   jury.     (Ariz.    XVIII    5;    Okla. 

XXIII  6.) 

INSANE  PERSONS 
See  Charities. 
See  Elections. 
See  Juries. 

See  Persons  Under  Legal  Disability. 
See  Public  Officers  —  Qualifications  and  Disqualifications. 

INSPECTION 

Offices  for  weighing,  gauging,  measuring,  culling  or  inspecting  any  com- 
modity, abolished;  no  such  office  to  be  created;  this  section  not  to 
abrogate  or  to  prevent  creation  of  any  office  created  to  protect  public 
health,  state  property,  revenue,  tolls  or  purchases,  or  to  supply  people 
correct  standards  of  weights  and  measures.      (N.Y.  V  8.) 


■      MliL'lI' 


.  ectio:< 

created  for   inspeetie«  or   measuring  of  any  mer- 
uufacture   or   commodity,    but    legislature    may    authorize 
maicipaJity  to  appoint     (Ala.  IV  77;  Pa.  Ill  27.) 

ill  and  uniform  laws  provide  for  inspection, 
:.t  and  graduation  of  merchandise,  manufactured  articles 
idities,    and    jnay    provide     for     appointment     of     necessary 

officers.     (Cal.  XI    14.) 

ire  to   pass   laws  for   inspection   of  grain,   for  the   protection   of 

producers,  shippers  and  receivers  of  grain  and  produce.      (111.  XIII  7.) 

Mature   to    enact    laws    for    inspection    of   grain,    tobacco    and    other 

Jucc    for    the    protection    of    producers,    shippers    and    receivers    of 

.;i:.  tobacco  and  other  produce.     (Ky.  206.) 

INSTRUMENTS 

instrumevJs  relating  to  property  only,  See  Property. 
instruments    relating    to    decedents'    estates    only,    See    Decedents' 

Estates. 
Legysl&feure  may,  by  general   law.   authorize  courts  to  carry   into   effect, 
upon  such  terms  as  shall  be  just  and  equitable,  the  manifest  intention 
of  pestles,  and  officers,  by  curing  omissions,  defects  and  errors,  in  in- 
struments  and   proceedings,   arising   out   of   their   want   of   conformity 

with  laws  of  state.       (Ohio  II  28.) 

Invalid   instruments  not  to  be   given   effect   by   local,   private   or   special 

law.      (Ala.  IV   104;   Cal.  IV  25;    Ida.  III!   19;   Ky.   59;    Xev.   TV  20; 

Wash.  IT  28.) 
Informal  or  invalid  instrument  not  to  be  given  effect  by  local  or  special 

law.      (N.M.  IV  24.) 
County  courts,  through  their  clerks  to  have  custody  of  deeds  and  other 
papers   presented   for   record   in   counties,    to   be   preserved   therein   or 
otherwise  disposed  of  as   prescribed  by  law.      (W.Va.   VIII  24.) 
INSURANCE 

■  ions  relating  to  all  corporations,  See  Corporations. 

ADMINISTRATION" 

Insurancc  department  established  and  charged  with  execution  of  laws 
in   relation   to  insurance  and  insurance   companies   doing  business 

in  state.     (Okla.  VI  22.) 
oration  commission  may  have  a  subordinate  division  or  bureau 

of  insurance.      (Va.  XII  155.) 

;s!ature  may  provide  for  creation  of  commissioner  of  insurance, 

statistics  and  history,  whose  term  of  office,  duties  and  salary  to  be 

prescribed  by  law.      (Tex.  XVI  38.) 
trance  commissioner  elected  by  qualified  voters  at  general  elec- 
tion-,  term  of  office  four  years.     Ineligible  to  office  of  secretary  of 
state,   iiHoriiey--:eneral,   treasurer,   auditor,   prothonotary,  clerk   of 
the  peace,  register  of  wills,  recorder,  sheriff  or  coroner.     (Del.  Ill 

21,  11.) 

doner  of  insurance  elected  by  qualified  electors  at  same  times 

places    as    members    of    legislatures    25    years    old,    citizen 

an,]  same  qualifications  as  state  electors;  to  hold 

at    -.:it   of   government   for    two   years   and   until   successor 

qualified.     (N.D.  Ill   82.) 


Index  Digest  793 


INSURANCE    (Cont'd) 

Administration    (Cont'd) 

PowerB  and  duties  of  commissioner  of  -insurance  prescribed  by  law. 

(X.D.  Ill  83.) 

Salary  of  commissioner  of  insurance  fixed  at  $2,000  until  otherwise 

provided  by  law;   not  to  be  increased  or  diminished  during  period 

for  which  elected,  and  fees  and  profits  to  be  covered  into  treasury. 

(X.D.  Ill  84.) 

Insurance  commissioner  elected  by  qualified  electors  at  first  general 

election   as   chief  officer  of  insurance  department.     Term   of   office 

four    years,    to    be    25    years    of    age    and    versed    in    insurance 

matters;    to  give  bond,  perform   duties  and   possess  qualifications 

prescribed  by  law.      (Okla.  VI  22,  24.) 

Commissioner  of  insurance  to  keep  office  and  public  records  at  seat 

of  government  and   perform   duties  designated   in   constitution   or 

prescribed  by  law.      (Okla.  VI  1.) 
Compensation  of  insurance  commissioner  fixed  at  $2,500  until  other- 
wise provided  by  law;   not  to  be  increased  or   diminished  during 
term  for  which  elected  and  not  to  receive  to  own  use  fees,   costs 
or  perquisites  of  office  or  other  compensation;   fees  collected  paid 
to  treasurer  monthly.      (Okla.  VI  34,  XIX  4,  Scned.  15.) 
Records,  books   and  files  liable  to  "  full   visitorial   and   inquisitorial 
powers  of  the   state".      (Ariz.   XIV   16.) 
Creation  of  Companies 

Corporate  powers  and  privileges  issued  and  granted  by  secretary  of 
state,  as  prescribed  by  law,  or  by  other  person  named  by  law  if 
he  is  disqualified.      (Ga.  Ill  Sec.  VII   18.) 
Legislature  shall  not  pass  local  or  special  laws  chartering  insurance 
companies.       (Mont.  V  26;  N.M.  IV  24;  Wyo.  Ill  27.) 
Fire  Insurance  Companies 

Legislature  to  compel  deposit  of  "  reasonable  securities  "  with  state 
treasurer  to  secure  people  against  loss.      (Ga.  Ill  Sec.  XII  4.) 
Foreign  Insurance  Companies 

Not  to  do  business  until  collateral  or  indemnity  required  to  protect 
patrons  within   state  has  been   deposited   and   agreement  made  to 
pay  taxes  and  fees.      (Okla.  XIX  1.) 
Refusal  to  pay  taxes  or  fees  forfeits  license.      'Okla.  XIX  1.) 
Foreign  life  insurance  companies  must  deposit  with  state  comptroller- 
general,  or  have  deposited  with  proper  officer  in  own  state,  $100,000 
in  securities  equivalent  to  cash  as  guarantee  fund  for  policy  hold- 
ers;   on    proper    certification   and    payment   of    fees    may    then    be 
licensed  to  do  business.     (Ga.  Ill  Sec.  XII  1,  2.) 
Required  to  pay  certain  fees  enumerated  for  various  kinds  of  com- 
panies.     (Okla.  XIX  2.) 
Life  Insurance 

Husband  may  insure  his  own  life  for  sole  use  and  benefit  of  his  wife 
and  children,  and  in  case  of  death  of  husband,  amount  thus  insured 
to  be  paid  over  to  wife  and  children,  or  to  guardian,  if  under  age, 
for  her,  or  their  own  use  free  from  all  clnims  of  representatives  of 
her  husband,  or  anv  of  his  creditors.      (N.C  X  7.) 


State  Constitutions 


INSURANCE      I 

LOT  [ksubance  Companies 

-tare  comptroller-general,  or  have  deposited  with 

>er  officer  in  own  state,  $100,000  in  securities  equivalent  to  cash 

fund  for  policy  holders;   on  proper  certification  and 

:    fees  may  then  be  licensed  to  do  business.     (Ga.  Ill 

Sec.  XII  1,  2.) 

Resident    life   insurance   companies    must   deposit   with   comptroller- 

a]    or    'strong    corporation"    approved    by    him    $100,000    in 

rities  equivalent  to  cash  as  guarantee  fund  for  policy  holders; 

any    interest   on    said    securities   payable   to  companies;    provision 

le  for  exchange  of  securities.      (Ga.  Ill  Sec.  XII  3.) 

PlBLIC    lil  ILDINGS   OR   PROPERTY 

May  he  insured  in  mutual  associations  or  companies.      (Ohio  VIII  6.) 

Kails 

Laws  mav  he  passed  to  regulate  rates  of  all  domestic  or  foreign  com- 
panies.     (Ohio  VIII  6.) 

Reports  of  Companies 

Semi-annual  reports  to  governor  to  be  required  by  legislature  and  to 
be  printed  at  companies'  expense,  for  information  and  protection 

of  people.     (Ga.  Ill  Sec.  XII  5.) 
Stockholders'  Liability 

Individually  liable,  equally  and  ratably,  to  extent  of  par  value  of 
shares,  in  addition  to  amount  invested  therein,  for  all  contracts, 
debts  and  engagements.  (Ariz.  XIV  11.) 
Individually  and  personally,  equally  and  ratably,  and  not  one  for 
another,  liable  for  all  contracts,  debts  and  engagements  accruing 
while    stockholder,    to    amount    of    stock    at    par    in    addition    to 

amount  invested.      (Wash.  XII  11.) 
Tax  Exempt  Companies 

State  to  provide  for  certain  farm,  trades,  fraternal,  health,  life,  acci- 
dent and  mutual  companies,  which  are  to  be  exempt  from  taxation. 

(Okla.  XIX  3.) 
Taxation,  See  Taxation. 
Workmen's  Compensation  Insurance,  See  Workmen's  Compensation. 

INTEREST 

Legislature  to  fix  rate  to  be  equal  and  uniform  throughout  state,  but  may 
provide  for  "conventional    rate"   not  exceeding    10   per   cent.      (Tenn. 

XI  7.) 
il  rate  to  be  6  per  cent.,  unless  legislature  otherwise  provides.      (Md. 

Ill  57.) 

for  greater  rate  of  interest  than  10  per  cent,  to  be  void  as  to 

principal    and    interest,    and   legislature   shall    prohibit   same   by    law, 

hut  when   no   rate  of  interest  is  agreed  upon,   rate  to   be  6  per   cent. 

(Ark.  XIX  13.) 

i   rate  agreed  on,  rate  not  to  exceed  6   per   cent.;    contracts  for 

it''  than  10  per  cent,  to  be  deemed  usurious  and  first  legisla- 

rovide  penalties.      (Tex.  XVI   11.) 

When  il.  rate  agreed  on,  rate  not  to  exceed  6  per  cent.,  but  by  contract 

y   agree   upon   rate  not   to   exceed   10  per  cent.;    legislature 


Index  Digest  795 


INTEREST    {Cont'd) 

may  reduce  these  rates;  knowingly  taking  or  charging  a  greater  rate 
to  be  forfeiture  of  entire  interest  and  if  greater  rate  paid  there  may  be 
recovered  twice  the  amount  so  paid  if  action  brought  within  two  years 
after    maturity    of    contract    but    legislature    may    modify    this    rule. 

(Okla.  XIV  2,  3.) 

Banks  not  to  receive,  directly  or  indirectly,  greater  rate  than  allowed  to 
individuals  loaning  money.      (Ala.  XIII  252;   Ind.  XT  9.) 

Rate  not  to  be  regulated  by  local,  private  or  special  law.  (Ala.  IV  104; 
Ariz.  IV  19;  Cal.  IV  25;  Colo.  V  25;  Ida.  Ill  19;  111.  IV  22;  Ind.  IV 
22;  Ky.  59;  La.  48;  Minn.  IV  33;  Miss.  IV  90;  Mo.  IV  53;  .Mont.  V 
26;  Nebr.  Ill  15;  X.M.  IV  24;  X.D.  II  69;  Okla.  V  46;  Ore.  IV  23; 
Pa.  Ill  7;  Tex.  Ill  56;  Utah  VI  26;  Va.  IV  63;  Wash.  II  28;  W.  Va. 

VI  39;  Wyo.  Ill  27.) 

Rate  not  to  be  regulated  by  private  or  local  law.  unless  bill  or  amendment 
reported  by  commissioners  to  revise  statutes.      (X.Y.  Ill  18,  23.) 

INTERNAL  IMPROVEMENTS 

In    this   title   are   digested   provisions   relating   to   internal   improvements 
and  public  icorks  in  general;  for  provisions  relating  to  particular  forms 
of  internal  improvements  or  public  works,  See  the  specific  titles. 
Boaed  of  Public  Works 

Members  are  governor,  comptroller  of  the  treasury  and  treasurer. 
To  keep  a  journal  of  proceedings  and  hold  regular  sessions  at 
Annapolis  first  Wednesday  in  June,  April,  July  and  October  of 
each  year  and  oftener  if  necessary;  to  hear  and  determine  matters 
affecting  public  works  and  as  legislature  may  give  them  power  to 
decide;  to  receive  no  additional  salary.  To  supervise  all  public 
works  in  which  state  is  interested;  appoint  state's  directors  in 
railroads  and  canal  companies;  detailed  provisions  as  to  protec- 
tion of  public  interest  by  directors  of  these  public  works.      (Md. 

XII   1,  2.) 
Superintendent  of  Public  Works 

Appointed  by  governor  for  one  year ;  powers  and  duties  now  exercised 
by  board  of  public  works  and  such  others  as  may  be  provided  by 
law.     To   continue   as   long  as   the   state   lias   public   works    which 
require  superintendence.      (Ohio  VIII   12.) 
Bonds  for,  See  State  Debt  —  Purpose  —  Internal  Improvement. 
Corporations  for 

Creation  by  local  or  special  law  forbidden.      (Tex.  Ill  56.) 
Districts 

In  this  subhead  are  digested  provisions  relating  particularly  to  inter- 
nal improvement  districts;  for  districts  in  general.  See  Districts. 
Legislature  to  have  power  to  create  improvement.      (Okla.  XVI  1.) 
Debts,  under  territory,  of  improvement  districts  to  remain  valid  and 
unaffected  until  paid  or  refunded  according  to  law.      (X.M.  XXII 

12.) 
Eminent  Domain  for,  See  Eminent  Domain. 
Encouragement 

Legislature  ought  to  encourage  a  well-regulated   system  of   internal 

improvements.      (Tenn.  XI   11.) 


-     ATE    Co.\>lTT',TIOXS 


.  F.RNAL   IMPROVEMENTS    [Cont'd) 

to  be  u^d  for  general  expenses  of  government,  surplus 
-urv   surplus   applied  to  the  principal  of  the  public 

debt.      (Ind.  X  2.) 
Iszebnal  r  cent  Funds 

s  donated  to  state  of  Minnesota  for  internal  improvement  by 
.if  1S41,  shall  be  appraised  and  sold  in  same 
planner,  by  same  officers,  and  at  minimum  price  provided  by  law 
ol  lands,  sale  price  to  be  invested  in  bonds  of  the  United 
Stales  or  state  of  Minnesota  issued  since  1S60.  Money  received  by 
county  treasurers  from  such  sales  to  be  held  subject  to  order  and 
direction  of  state  treasurer  for  benefit  of  fund;  to  be  paid  over 
the  loth  of  June  annually  and  at  such  other  times  as  requested 
by  state  treasurer.  Bonds  bought  under  this  section  transferable 
only  on  order  of  governor  and  indorsed  Minnesota  internal 
improvement  land  fund  of  the  state,  transferable  only  on  order 
of  governor.  Sale  price  not  to  be  reduced  by  charges  of  costs  of 
officers,  fees  or  any  other  means  whatever.  Money  of  fund  not  to 
be  appropriated  for  any  purpose  till  law  appropriating  approved 
by  majority  of  electors  voting  an  annual  general  election  following 
passage.  Force  of  this  amendment  (section)  shall  be  to  author- 
ize Bale  of  internal  improvement  lands  without  further  legislative 

enactment      (Minn.  IV  32.) 
Laws  Relating  to 

Laws  relating  to  public  buildings  and  improvements   excepted  from 

provision  that  no  laws  be  enacted  to  take  effect  on  approval  of  any 

authority  other  than  legislature.      (Ky.  60.) 

Limitations  on  State 

State  shall  not  construct  any  railroad  or  other  highway.      (Ky.  177.) 

Mute   shall   not  become   interested   in   or   a   party   to   any   work   of, 

except  public  roads,  or  engage  in  carrying  on  any  such  work.      (Va. 

XIII  185.) 

te  shall  never  be  a  party  to  carrying  on  any  works  of.      (Kan. 

XI  8  ) 
State  shall  not  engage  in.     (S.D.  XIII  1.) 

Not  engage  in  works  of  internal  improvement  or  lend  money  or  credit 

in  aid  of  such.    .(Ala.  IV  93.) 
State   shall    not   engage  in   any   work  of,   unless   authorized  by  two- 
thirds  vote  of  the  people.      (N.D.  XII  185;   Wyo.  XVI  6.) 

all  not  be  involved  in  construction  of  works  of,  nor  in  grant- 
efor,    except    a   limited   amount   in    certain    counties. 

(Md.  Ill  34.) 
•tale  shall  not  be  a  party  to  or  interested  in  any  work  of.  nor  engage 
in  carrying  on  such  work  except  improvement  of  or  aid  in  improve- 
ment of  public  wagon  roads,  reforestation  and  protection   of  state 
-  and  expenditure  of  grants  to  state  of  lands  or  other  property. 

(Mich.  X  14.) 

never   contract   debt  for   or   be   a   party   in   carrying   on 

of,    excepl    where    property    has    been    granted    the    state 

Sly  for  particular  works,  state  may  use  avails  of  grants  and 

r..ni    works   for   their   completion.      (Minn.   IX   5;    Wis. 

VIII  10.) 


Index  Digest  707 


INTERNAL   IMPROVEMENTS    \C<mC<l 
Sale  of 

Proceeds  of  to  be  used  for  genera)   expends   of  government,   surplus 
added  to  treasury  surplus  applied   to  the  principal  of   the  public 

debt.      (Ind.  X2.) 
Board   of   public   works,    subject  to    regulations   and    conditions    pre- 
scribed by  legislature,  may  sefl  state's  interest  in  works  of  internal 
improvement    and   receive   in   payment   bonds   and   registered   debt 
owing   by   state  "  equal    in   amount   to   price   obtained    for   state's 

interest".      (Md.  XII   3.) 
State  Aid  to 

Legislature  may  give  public  lands  as  provided  by  law  for  construc- 
tion of  sea  walls  and  breakwaters.      (Tex.  XI  S.) 

INTOXICATING  LIQUORS,  See  Liquors. 

IRRIGATION 

See  also  "Ditches  ",  "  Eminent  Domain  ",  "  Waters  ". 
In  General 

Legislature  to  provide  system  of  when  deemed  expedient;  for 
compulsory  issuance  of  bonds  by.  owners  or  lessees  of  lands  benefited 
or  affected  under  system  provided  for  by  legislature;  a  system  of 
taxation  on  lands  benefited  or  on  crops  produced  on  such  land  to 
discharge  bonded  indebtedness  or  expenses  necessarily  incurred  in 
establishment  of  improvement.  (Okla.  XVI  3.) 
All  companies  furnishing  water  for  to  be  deemed  public  service  cor- 
porations   and   under    control    of    corporation   commission.      (Ariz. 

XV  2.) 

Land  "  needed  for  irrigation  works  on  L'nited  States  project ",  to  be 

relinquished   to   United    States    and    other    lands    selected.      (Ariz. 

X.5.) 

United  States  to  have  right  and  power  needed  to   carry  out  act  of 

Congress    for    irrigation    of    arid    lands.       (Ariz.    XX    10:    N.M. 

XXI  7.) 
Irrigation  Districts 

In  this  title  are  digested  provisions  relating  particularly  to   irriga- 
tion districts;  for  provisions  relating  to  districts  in  general,  See 

Districts. 

Legislature  to  have  power  to  provide  for  supervision,  regulation  and 

conduct  of  the  affairs  of  irrigation  districts  organized  and  existing 

under  any  law  of  this  state.      (Gal.  XI  13.) 

District  bonds   and   interest   thereon    may  be  made  payable   at   any 

place  or  places  within  or  outside  United  States  and  in  any  money, 

domestic  or  foreign,  designated  in  said  bonds.      (Gal.  XI   13%.) 

Irrigation  districts  may  acquire  stock  of  foreign  corporation,  to  gain 

control  of  international  water  system  necessary  for  its  operation. 

(Gal.  IV  31.) 

Debts,   under   territory,   of  irrigation   districts   to  remain   valid  and 

unaffected     until     paid     or     refunded     according    to     law.      (N.M. 

••  XXII  12.) 

Any  district  may  incur   debt  not  exceeding  5   per   cent,  on  assessed 

valuation  of  taxable  property  therein  for  preceding  year  and  addi- 


State  <  onstituttons 


IRRIGATION    [Cont'd) 

...  is    [Cont'd) 
I  debt  not  over  10  per  cent,  to  provide  water  and  sewerage  for 
irrigation;    no  county,   municipal  corporation,   civil  township,   dis- 
ti.  mbdivision   to    be    included   within   such    district   or   sub- 

division without  a  majority  vote  in  favor  thereof  of  the  electors  of 
the  district  proposed  to  be  included  therein,  and  no  such  debt  to 
r  incurred  for  any  of  the  purposes  in  this  section  provided, 
unless  authorized  by  a  vote  in  favor  thereof  by  a  majority  of  the 
of  such  district  incurring  the  same.      (S.D.  XIII  4.) 

canals,   reservoirs,  pipes  and  flumes  owned  and  used  exclu- 
sively by   individuals  or  corporations  for  irrigating   their  own   or 
their    members"    lands    not    to    he   separately    taxed    so    long   as    so 
owned  and  used.      (Colo.  X  3;   Utah  XIII  3.) 
Community    ditches   and    all   laterals   thereof   for    irrigation   exempt 

from  taxation.      (N.M.  VIII  3.) 
JEOPARDY 

I  .i  m  km.  Rule 

\o  person  shall  be  put  twice  in  jeopardy  for  same  offense.  (Ariz. 
II  10;  Gal.  I  13;  Colo.  II  18:  Fla.  D.R.  12;  Ida.  I  13;  111.  II  10; 
Ind.  I  14;  Mont.  Ill  18;  Xebr.  I  12;  New  I  8;  N.M.  II  15;  X.Y. 
I  6;  X.D.  I  13:  Ohio  I  10;  Ore.  I  12;  S.D.  VI  0;  Utah  I  12;  Va. 

I  8;  Wash.  I  9;  Wyo.  I   11.) 
Xo  person  for  same  offense  to  be  twice  put  in  jeopardy  of  punish- 
ment.     (Minn.  I  7;  Wis.  I  8.) 
No   person   to  be  twice  put  in   jeopardy  of  life  or   liberty  for   same 
offense.      (Ark.  II  8;  La,  9;  Miss.  Ill  22;  Okla.  II  21;  S.C.  I  17; 

Tex.  I  14;   W.Va.  Ill  5.) 

Xo    person   to   be   twice   put   in   jeopardy   of   life   or    limb   for   same 

offense.      (Ala.  I  9;   Del.  I  8:   Ky.   13;   Me.  I  8;   Pa.  I   10;   Tenn. 

I  10.) 
No  person  shall,  after  acquittal,  be  tried  for  the  same  offense.      (Towa 

I  12;   Mich.  II   14:  N.H.  I  16:  X.J.  I  10;  R.I.  I  7.) 
No  person  after  once  acquitted  by  a  jury  to  be  again  put  in  jeopardy 

of  life  or  liberty  for  same  offense.      ^Mo.  II  23.) 
Persons  once  acquitted  by  jury  not  again  to  be   put  in  jeopardy  of 
life  and   liberty  for  that  of  which   he  has  been  acquitted.      (Okla. 

II  21.) 
■  declared   not  guilty   in   court  of  competent  jurisdiction 
'   t-  be  again  put  upon  trial  for  same  offense.      (Tex.  I  14.) 
after  conviction   new  trial  granted   defendant  cannot  be  tried 
or  degree   of   offense  greater   than   one  for  which   con- 
victed.     (N.M.  II  15.) 
notion   or  acquittal  under  statute  or  municipal   ordinance  to  be 
mother  prosecution  for  same  offense.      (Ky.   108.) 
I>         '."i    A  MOUNT  TO    • 
In   case  of  mistrial.      «Ja.  I  Sec.  I   8;    La.  9.) 

ted  niter  verdict.     (Colo.  II  18;  La.  9;  Wyo.  I  lif- 
ted   after   verdict   on    defective    indictment.'    (Mo.    II 

23.) 


Index  Digest  799 


JEOPARDY     (Cont'd) 

What  Does  Not  Amount  to   (Cont'd) 

Judgment  reversed  for  error  in  law.      (Colo.   II   18:  Mo.    11  23;   Wyo. 

1   11.) 
Jury  discharged  for  disagreement.      (Colo.  II  18;  Wyo.   I   11.) 
Jury  may  be  discharged  for  disagreement.    Defendant  recommitted  or 
bailed  for  trial   at  same  or  next  term  of  court.      (Ark.   II  8;   Mo. 

II  23.) 
Jury  may  be  discharged  for  reasons  fixed  by  law.      (Ala.  I  9.) 
New  trial  on  motion  of  defendant  after  conviction.     ( Ga.  I  Sec.  I  8; 

La.  9.) 
Must  be  acquittal  or  conviction  on  merits  to  bar  another  prosecution. 

(Miss.  Ill  22.) 
JOINT  STOCK  ASSOCIATIONS 

See  also  Corporations,  and  cross-references  there  given. 
Claims    against    joint-stock    associations    to    be   ascertained    exactly    and 
original    subscribers   individually   liable   for   unpaid   subscription   after 

the  stotk.     (Nebr.  XIB  4.) 
Directors  or  trustees  jointly  and  severally  liable  to  creditors  and  stock- 
holders   for    moneys    embezzled    or    misappropriated    by   officers    during 

formers'  term.      (Cal.  XII   3.) 
Power    to    supervise    and    regulate    joint-stock    companies   may    be   given 

boards,   commissions    or   officers.      (Ohio  XIII   2.) 
State  not  to  carry  on  business  of  "  any  association  "  or  become  a  part 

owner  therein.      (La.   58.) 
Stockholders   individually   and   personally,   equally   and   ratably,   and    not 
one  for  another  liable  for  all  contracts,  debts  and  engagements  accru- 
ing while  stockholders  to  amount  of  stock  at  par  in  addition  to  amount 

invested.     (Wash.  XII  11.) 

Stockholders  individually   and   personally   liable,  for    proportion    of   debts 

and  liabilities  contracted  while  stockholders  in   proportion  of  holdings 

to  total  holdings  of  stock.      (Cal.  XII  3.) 

Stockholders  individually  liable  for  all  labor  performed  for  association. 

(Mich.  XII  4.) 

Stockholders  liable  for  indebtedness  of  company  only  to  amount  of  stock 

subscribed    and    unpaid;    banks    and    banking    corporations    excepted. 

(W.Ya.  XI  2.) 
JUDICIAL  POWER 
See  Courts. 
See  Distribution  of  Powers. 

JUDICIAL  SALES 

Of  real  estate,  effect  not  to  be  prescribed  by  private,  local  or  special  law. 

(Mo.  IV  53;  Okla.  V  46;  Pa.  Ill  7:  Tex.  Ill  56;  Va.  IV  63.) 
Effect  not  to  be  prescribed  by  local  or  special  law.  (La.  48.) 
Lands  comprising  a  single  tract  sold  in  pursuance  of  decree  of  court  or 
execution  to  be  first  offered  in  subdivisions  not  over  160  acres  or  one- 
quarter  section,  and  then  offered  as  entirety,  and  price  bid  for  latter  to 
control  only  when  it  exceeds  aggregate  of  bids  for  same  in  subdivisions; 
but  chancery   court   in   cases  before   it   may   decree  otherwise.      (Miss. 

IV  111.) 


Si      ...    CoNMlIUIIOXS 


Il'KIES 

i  highest  court  of  state,  See  Courts  —  Highest  Coubt. 

.;.   i;Y  JBBS 
and  mi  See  Courts  —  Trials  —  Right  to. 

below,  this  title,  Organization 

of  Jury. 
I  of  (hi i    process  of  law 
I  rimes  — Rights  of  Accused. 
Life,  Libert*  ahd  Pbopebty*. 

MIKTS. 

itration,  S  ■    Arbitration. 
In  General 

To  remain.     (Mich.  II  13.) 

To  be  inviolate.     (Kan.  B.R.  5;  Ohio  I  5.) 

-main  inviolate.      (Ala.  I  II;  Ariz.  II  23;   Conn.  I  21;  Ida. 
1    7:    towa  I   it;   Mis*.   Ill   31:    Xebr.  I  6;   N.J.   I  7;    Okla.   II 
10:  K.I.  I   15;   S.<  .   I  25:  Tenn.  I  6;  Wash.  I  21.) 
To   remain   inviolate,   except   where   otherwise   provided   in   con- 
stitution.     (Ga.  VI  Sec.  XVIII  1.) 
To  remain  inviolate,  legislature  to  pass  laws  to  regulate  same, 

and  maintain  its  purity  and  efficiency.      (Tex.  I  15.) 
To  remain  inviolate,  and  to  extend  to  all  cases'  at  law  without 
regard   to  amount   in   controversy.      (Ark.   II  7;    Minn.   I   4; 

S.D.  VI  6;  Wis.  I  5.) 
To  t>e  secured  to  all  and  remain  inviolate.      (Cal.  I  7;   Fla.  D. 

R.  3;  Mont.  Ill  23;  Xev.  I  3;  X.D.  I  7.) 
Ancient    mode   of   trial    by    jury    to   be   held    sacred    and    right 
thereof  to  remain  inviolate,  subject  to  such  modifications  as 
may  be  authorized  by  constitution.      (Ky.  7.) 
Inhabitants  of  state  are  entitled  to  trial  by  jury,  according  to 

course  of  common  law  of  England.    (Md.  D.R.  5.) 
As  it  has  heretofore  existed  to  be  secure  to  all  and  remain  in- 
violate.     (X.M.  II  12.) 
To  be  as  heretofore.      (Del.  I  4.) 

To   be    a*    heretofore,    and    right    thereof    to    remain    inviolate. 

(Pa.  I  6.) 
Aa  heretofore  enjoyed  to  remain  inviolate.      (111.  II  5;  Mo.  II 

28.) 
In  all  cases   in  which  heretofore  used,  to  remain  inviolate  for- 
ever;   birl    nothing    contained    in    constitution    construed    to 
limit    power  of  legislature  to  enact  laws  for  adjustment,  de- 
termination and  settlement  with  or  without  trial  by  jury,  of 
issues    arising   under   legislation   for   the   protection   of   lives, 
health   ami    safety  of  employees  or  for  the  payment  of  com- 
pensation  for  injuries  to  employees  or  for  deatli  of  employees 
iiom  such  injuries.      (N.Y.  I  2,  10.) 
When  issue  in   fact,   proper  for  cognizance  of  a  jury,  is  joined, 
i.«\e   riu'Ut    to   trial   by    jury,  which  ought  to  be  held 
trials   of    issues   proper    tor   cognizance   of   a   jury  in 
I    court   ami   general   trial   court   to  be  by   jury,   except 
where  parties  otherwise  agree.     (Vt.  I  12,  II  30.) 


Indkx   Digest  801 


JURIES   (Cont'd) 

Eight  to  Trial  by  Jury   (Cont'd) 
In  General    (Cont'd) 

In  all  cases  in  general  trial  court  plaintiff  or  defendant  en- 
titled to  jury  on  application  made  in  open   court.      (Tex.   V 

10.) 
^'here  issue  of  fact  joined   in  justices'   courts,   on    demand   of 

either  party,  jury  to  be  summoned.      (N.C.  IV  27.) 
In  all  cases  appeal  to  jury  in  justices'  courts  under  regulations 
prescribed  by  law.      (Ga.  VI  Sec.  VII  2.) 

Civil  Cases 

To  remain  inviolate.     (Ind.  I  20.) 

To  remain  inviolate;  in  actions  at  law  where  value  in  contro- 
versy exceeds  $20,  to  be  preserved.      (Ore.  I  17,  VII  .3.) 

In  civil  suits  and  in"  controversies  concerning  property,  except 
where  it  has  heretofore  been  otherwise  practiced;  person  claim- 
ing right  may  be  heard  in  person  or  by  counsel      (Me.  I  20.) 

To  be  preserved  if  demanded  by  either  party  in  suits  at  common 
law  where  value  in  controversy  exceeds  $20,  exclusive  of  inter- 
est and  costs.     (W.Va.  Ill  13.) 

Ought  to  be  held  sacred  in  suits  between  man  and  man,  and  con- 
troversies respecting  property.     (Va.  I  11.) 

In  controversies  concerning  property,  and  suits  between  two  or 
more  persons,  except  in  cases  in  which  heretofore  other  ways 
used  and  practiced,  parties  to  have  right  to  trial  by  jury,  and 
this  method  to  be  sacred,  unless  in  causes  arising  on  high  seas 
and  such  as  relate  to  mariners'  wages,  legislature  shall  find  it 
necessary  to  alter  it.      (Mass.  Pt.  I  15.) 

Same;    additional  exception  of  cases  in  which  value  in  contro- 
versy does  not  exceed  $100  and  title  to  real  estate  is  not  con- 
cerned.    (N.H.  120.) 

In  all  controversies  at  law  respecting  property  ancient  mode  of 
trial  by   jury  ought   to   remain   sacred   and   inviolate.      (X.C. 

I   19.) 

Court  to  render  judgment  without  verdict  of  jury  in  civil  cases 
founded  on  unconditional  contracts  in  writing,  where  issuable 
defense   not   filed   under   oath   or   affirmation.      (Ga.    VI   Sec. 

IV  7.) 

Feigned  issues  prohibited  and  fact  at  issue  tried  by  order  of 
court  before  a  jury.     (Ida.  V  1;  N.C.  IV  1.) 

Criminal  Cases 

Accused  to  have  right  in  all  criminal  prosecutions.     (Cal.  I  13.) 
Accused  to  have  right  in  all  prosecutions  by  indictment.      (Ala. 

16.) 
Accused  has  right  to  impartial  jury  in   prosecutions  by   indict- 
ment or  presentment.     (Tenn.  I  9.) 
Accused  has  right  to  impartial  jury  in  prosecution  by  indictment 
or  information.      (Conn.   I  9;    Kv.   11;    Miss.   Ill  26;   Pa.   1   9; 

Wis.  1  7.) 


2G 


State  Constitutions 


JURIES      | 

a  w   by  Jury   [Cont'd) 
Criminal  Cases   (Cont'd) 

Trial-  of  crime  and  misdemeanors  unless  otherwise  provided  in 
ostitution,  to  be  by  jury.    (W.Va.  Ill  14.) 

No  person  to  be  convicted  of  crime  but  by  jury,  but  legislature 
may  provide  other  means  of  trial  for  petty  misdemeanors; 
with  right  of  appeal.     (X.C.  I  13.) 

Accused  lias  rioht  to  impartial  jury  in  all  criminal  prosecutions. 
\ri/.  J I  24:  Ark.  II  10;  Fla.D.R.  11;  Ga.  I  Sec.  I  5;  111.  II  9; 
In,].  I  13;  Iowa  I  10;  Kan.  B.  R.  10;  Md.  I).  R.  21;  Mich. 
II  19;  Minn.  1  6j  Mo.  II  22;  .Mont.  Ill  10;  Xebr.  I  11;  X.J. 
I  S;  X.M.  II  14;  Ohio  I  10;  Okla.  II  20;  Ore.  I  11;  R.I.  I  10; 
S.C.  1    18,  V  22;  S.D.  VI  7;  Tex.  I  10;  Vt.  I  10;  Wash.  I  22.) 

Same;  to  remain  inviolate  in-criminal  cases.      (Colo.  II  16,  23; 

Wyo.  I  9,  10.) 

Same;   to  remain  inviolate  in  capital  cases.      (Utah  I  10,  12.) 

In  criminal  prosecutions,  man  has  right  to  impartial  jury,  hut 
on  plea  of  guilty,  tendered  in  person,  and  with  consent  of 
state'-  attorney,  entered  of  record,  court  shall,  and  in  prose- 
cutions  for  offense  not  punishable  by  death  or  confinement  in 
penitentiary,  on  plea  of  not  guilty,  with  like  consent,  may,  try 
ea-e  without  jury;  legislature  may  provide  for  trial  of  offenses 
not  punishable  by  death  or  confinement  in  penitentiary  by 
justice  of  peace  without  jury,  preserving  right  of  appeal  and 
trial  by  jury  in  general  trial  court  or  city  court.      (Va.  I  8.) 

Accused  lias  right  to  impartial  jury  in  all  criminal  prosecutions; 
legislature  may  provide  for  trial  with  or  without  jury  by 
inferior  courts  or  justices  of  the  peace  in  case  of  specified 
misdemeanors  and  such  other  misdemeanors  as  legislature  may 
prescribe  by  vote  of  two-thirds  of  all  members  elected  to  each 

house.      (Del.  I  7,  IV  30.) 

In  all  criminal  prosecutions  accused  to  have  trial  by  impartial 
jury;  but  in  cases  where  penalty  not  necessarily  imprisonment 
at  hard  labor  or  death,  case  may  be  tried  by  court  without 
jury,  judges  of  general  trial  court  may  try  at  any  time,  mis- 
demeanors, and,  when  jury  is  waived,  all  cases  not  necessarily 
punishable  at  bard  labor,  and  receive  pleas  of  guilty  in  cases 
less  than  capital;  persons  entitled  to  appeal  from  fine  or  im- 
prisonment  by  mayors  or  recorders  to  general  trial  court  of 
parish,  which  trial  shall  be  de  novo  and  without  jury.      (La.  9, 

116,  117,  111.) 

Accused  in  criminal  prosecutions  has  right  to  impartial  trial, 
and.  excepl   iii  trials  by  martial  law  or  impeachment,  by  a  jury. 

(Me.  I  6.) 

Legislature  not  to  make  law  subjecting  person  to  capital  or  in- 
famous punishment,  except  for  government  of  army  and  nan, 
without   trial  by   jury.      (Mass.  Pt.  I  12.) 

islature  not  to  make  law  subjecting  person  to  capital  punish- 
ment, except  for  government  of  army  and  navy,  and  militia  in 


I.NDI.X     Dl(;KST  S0'3 


JURIES   (Cont'd) 

Kioht  to  Trial  by  Jtjby    [Cont'd) 
Criminal  Cases    (Cont'd) 

actual   service,  without  trial   by   jury;    criminal    cases   within 
jurisdiction   of   police  courts   subject   to   rignt   of   appeal    and 
trial  by  jury.      (N.li.   I    16;    II   76.) 
Contempt  Cases,  See  Contempts. 
Waiver 

In  General 

By  parties  in  all  cases  in  manner  prescribed  by  law.     (Ark. 

117;  Minn.  I  4;  Wis.  I  5.) 
By  parties  in  cases  not  amounting  to  felony,  by  consent  ex- 
pressed in  open  court.      (Cal.  I  7;  Ida.  I  7.) 
Parties  to  any  cause  may  submit  same  to  court  for  deter- 
mination without  aid  of  jury.     ( Md.  IV  8. ) 
In  all  issues  of  fact,  in  any  court,  jury  may  be  waived   by 
parties,   in   which   case   rinding  of   judge  on   the   tacts   to 
have  force  and   effect  of  verdict  of  jury.     (X.C.   IV   13; 

Okla.  VII  2u.) 

Trials  of  issues  proper  for  cognizance  of  a  jury  in  highest 

court  and  general  trial  court  to  be  by  jury,  except  where 

parties  otherwise  agree.      (Vt.  II  30.) 

In    all    cases   in   general   trial    court    plaintiff   or   defendant 

entitled  to  jury  on  application  made  in  open  court.     (Tex. 

V  10.) 
Laws  or  rules  of  Supreme  Bench  of  Baltimore  may  require  all 
causes  in  any  of  courts  of  Baltimore  to  be  tried  before 
court  without  jury  unless  litigants  or  some  one  of  them 
shall,  within  reasonable  time  or  times  as  may  be  pre- 
scribed,  elect   to    have   their    causes    tried    before    a   jury. 

(Md.  IV  39 j 
Where  issue  of  fact  joined  in  justices'  courts,  on  demand  of 
either  party,  jury  to  be  summoned.     (X.C.  IV  27.) 
Civil  Cases 

Waived  unless  demanded.     (Utah  I  10.) 

Deemed  to  be  waived  unless  demanded  by  one  of  the  parties 

in  manner  prescribed  by  law.     (Mich.  II  13.) 
Waived  unless  required  by  either  party  in  suits  at  common 

law.    (W.Va,   111    13.) 
Upon   default   of   appearance   or   by   consent   of   parties   ex- 
pressed  in  manner  prescribed  by  law,  jury   trial   may   be 

waived.      (Mont.   Ill    23.) 
May   be  waived   by   parties    in   manner    prescribed   by    law. 

(N.Y.   12.) 
With    consent    of    parties    signified    in    manner    prescribed 

by  law.      (Cal.  I  7;  Ida.  I  7;  Nev.  I  3.) 
By  filed  agreement  of  both  parties;   judgment  to  be  subject 

to  writ  of  error  as  in  other  cases.     (Pa.  V  27.) 
Where  matters  of  fact  are  at  issue,   if  parties   agree,   such 
matters  of  fact  to  be  tried  by  court.     (Del.  IV  23.) 


State  Constitutions 


JURIES    {Cont'd) 

Right  ro  Tbial  ky  Jura  [Cont'd) 
Waiver   {Confd) 

[Cont'd) 
Legislature  may  provide  for.  where  consent  of  parties  inter- 
ested is  given  thereto.  (Ariz.  II  23;  Wash.  I  21.) 
Nil  jury  to  In-  impanelled  in  civil  cases  in  general  trial  court 
unless  demanded  by  party  to  the  case,  and  jury  fee  paid 
liiiu  court  by  party  demanding  a  jury  for  such  sum  and 
with  such  exceptions  as  may  be  prescribed  by  legislature. 

(Tex.  V  10.) 

In  county  court  no  jury  to  be  impanelled  to  try  cases  unless 

demanded  by  one  of  the  parties,  who  shall  pay  such  jury 

fee  therefor  in  advance  as  may  be  prescribed  by  law,  unless 

he  makes  affidavit  that  he  is  unable  to  pay  same.      (Tex. 

V  17.) 
Criminal  Crises 

In  criminal  cases  not  amounting  to  felony,  upon  default  of 
appearance,  or  by  consent  of  parties  expressed  in  manner 
prescribed   by   law,   jury    trial   may   be   waived.       (Mont. 

Ill  23.) 
Organization  of  Jury 

/  or  provisions  relating   specifically  to  grand  jury,  See  below,  this 

title,  Grand  Jury. 
Summoning,  Drawing,  Impanelling  and  Selecting 

Great  care  ought  to  be  taken  to  prevent  corruption  or  partiality 
in  choice  and  return  or  appointment  of  juries.      (Vt.  II  30.) 
Legislature  to  provide  for  drawing  of  jurors.      (La.   117.) 
Trial  jury  to  be  drawn  and  summoned  from  body  of  county  at 

least  three  times  a  year.      (Ariz.  VI  6.) 
Legislature  to  provide  for  list  of  qualified  persons  and  drawing 
therefrom    of    jurors    for    each    term    of    general    trial    court. 

(Miss.  XIV  264.) 
Summoning  not  to  be  regulated  by  local,  private  or  special  law. 

(Ariz.  IV  19.) 
Summoning    and    impanelling   not    to   be   regulated   by    private, 
Local  or  special  law.     (Cal.  IV  25;   Colo.  V  25';   Fla.  Ill  20; 
Ida.    Ill    19;    111.   IV  22;    Ind.   IV  22;    Ky.   59;    Miss.   IV  90; 
Mo.   IV  53;   Mont.  V  26;  Xebr.  Ill  15;  Xev.  IV  20;  X.J.  IV 
Sec    VII    11;   X.M.  IV  24;   X.D.  II  69;   Okla.  V  46;   Ore.' IV 
■S.\;   S.C.  Ill  34;  Tex.   Ill   56;  VV.Va.  VI  39;  Wyo.  Ill  27.) 
Private   <>r   local   law   prohibited,   unless   bill   or   amendment   re- 
ported by  commissioners  to  revise  statutes.     (X.Y.  Ill  18,  23.) 
Drawing  and  selection  not  to  be  regulated  by  local,  private- or 
ial  law.     i  Miss.  IV  9(1;  N.J.  IV  Sec.  VII  11.) 
Place  Selected  from,  in  Criminal  Cases 

Countj  or  district  in  which  offense  alleged  to  have  been  com- 
mitted. (Ala.  I  6;  111.  II  9;  Mont.  Ill  16;  Xebr.  I  11;  X.M. 
tl  14;  Ohio  I  10;  Okla.  II  20;  Ore.  I  11;  S.D.  VI  7;  Tenn. 
I  '•';  Utah  I  12;  Vt.  I  10;  Wash.  I  22;  Wyo.  I  10.) 


Index  Digest  805 


JURIES   {Cont'd) 

Organization  of  Jury   {Cont'd) 

Place  Selected   from,  in   Criminal  Cases    (Cont'd) 

County  or  district  in  which  offense  committed,  which  county  or 
district  shall  have  been  previously  ascertained  by  law.      (Minn. 

I  6.) 
County   in   which   offense   committed   in   prosecutions   by   indict- 
ment or  presentment.      (Tenn.  T  9.) 
Vicinity.     (Pa.  I  9;  Va.  I  8.) 

Same;   except  in  trials  by  martial  law  or  impeachment.      (Me. 

~r   ft  \ 
County    (country).      (Vt.  I  10.) 

For  change  of  venue,  See  Courts  —  Trials. 
Exemption  from  Jury  Duty 

No  voter  during  time  of  holding  election  at  which  he  is  entitled 

to  vote,  to  be  compelled  to  attend  court  as  juror.     (Va.  II  29.) 

Same;  adds  "or  during  time  necessary  and  convenient  for  going 

to  and  returning  from  same  ".     ( W.Va.  IV  3. ) 
Not  to  be  provided  for  by  local,  private  or  special  law.      (Ala. 

IV  104;   Miss.  IV  90.) 
Challenges 

Accused    to    have    peremptory    right    of    challenge;    number    of 

challenges  to  be  fixed  by  law.      (La.  10.) 

Number  Composing 

In  General 

Twelve  in  courts  of  record  other  than  county  courts.     (Okla. 

j  II  19.) 

Twelve  in  general  trial  court.      (S.C.  V  22;  Tex.  V  13.) 

Legislature  may   authorize   trial  by  less   than   12.      (Mich. 

V  27.) 
Legislature  may  authorize  less  than   12  in  inferior  courts. 

(Iowa  I  9.) 
Legislature  may  authorize  trial  by  less  than   12  in  courts 

inferior  to  general  trial  courts.      (Nebr.  I  6.) 

Legislature   may    provide    for    less    than    12    in    courts    not 

of  record.    (Ariz.  II  23;  Mo.  II  28;  S.D.  VI  6;  Wash.  I  21.) 

Eight   in    courts   of   general    jurisdiction,    except    in    capital 

•      ■  cases.      (Utah  I   10.) 

As  fixed  by  law  but  not  less  than  six  in  any  case.      (Fla. 

V  38.) 

Six  in  county  courts.      (Tex.  V  29.) 

Six  in  courts  not  of  record  and  county  courts.  (Okla.  11  19.) 
Six  in   all  municipal   courts  and   courts  inferior  to  general 

trial  court.      (S.C.  V  22.) 
May   consist   of   six   in   all  courts   inferior   to  general   trial 

court.     (N.M.  II  12.) 
Six  in  justice's  court.      (N.C.  IV  27.) 

Legislature  may  prescribe  any  number  not  less  than  five  to 
constitute  trial  or  traverse  jury  in  courts  other  than 
general  trial  courts  and  municipal  courts.      (Oa.  VI  Sec. 

XVIII  1.) 
Four  in  courts  of  inferior  jurisdiction.      (Utah  I  10.) 


Si   \U      |  '..wmTI<»\< 


JURIES      I         '•/) 

Cont'd) 

Number  Composing    (Cont'd) 
Civil  <  'ases 

Twelve  or  any  less,  number  agreed  upon  by  parties  in  open 

court.      (Cal.  I  7;  Ida.  I  7.) 

i  in  default  of  appearance,  or  l>y  consent  of  parties  in  manner 

prescribed   by  law,  trial  may  be  had  by  less  number  than 

provided  by  law.     (Mont.  Ill  23.) 
Less    than    1:2,    as    may    be    prescribed    by    law.       (Colo.    II 

23;  Wyo.  I  9.) 
Less    than    12    in    courts    not    of    record    as    prescribed   by 

law.      (N.D.  I  7.) 
Legislature  may   authorize  trial  before  justice  of  peace  by 

jury  of  less  than  12.      (111.  II  5.) 
Six  in  courts  inferior  to  general  trial  courts.      (Ky.  248.) 
\ lot  more  than  six  in  justice's  court.      (Mont.  Ill  23.) 
In  suits  at  common  law  before  justice  of  peace,  jury  may 

consist  of  six.     (W.Va.  Ill  13.) 

Legislature   may   authorize  trial   of   civil   cases   by   jury   of 

six  where  matter  in  dispute  does  not  exceed  $50.      (N.J. 

I  7.) 

Legislature   may    limit    number   of   jurors   in   general   trial 

courts    and    corporation    courts   to   not   less    than    five    in 

cases  now  cognizable  by  justices  of  peace,  or  to  not  less 

than   seven   in  cases  not  so  cognizable.      (Va.  I   11.) 

Criminal  Cases 

1  sua!  number  indispensable.      (Me.  I  7.) 

Twelve  unless  otherwise  provided  in  constitution.      (W.  Va. 

Ill  14.) 

In  criminal  cases  not  amounting  to  felony,  upon  default  of 

appearance  or  by  consent  of  parties  in  manner  prescribed 

by  law,   trial   may  be  had   by  less  number  than  provided 

by   law.      (Mont.   Ill   23.) 
Twelve  or   any   less  number  parties  agree  on   in  open  court 

in  case  of  misdemeanor.      (Cal.  I  7;   Ida.  I  7.) 
Legislature   may   provide    for    less   than    12    in   courts   not 

of  record.      (Colo.  II  23;   Mich.  II   19;   Wyo.  I  9.) 
Legislature    may    provide    for    less    than    12    and    not    less 
than    five   for   offenses   not   punishable   by   death   or   con- 
finement  in  penitentiary  and  may  classify  such  cases  and 
prescribe  number  of  jurors  in  each  class.      (Va.  I  S.) 
Twelve   in   capital   cases  and   cases  in  which  punishment  is 
necessarily  at   hard  labor;   five  in  cases  in  which  punish- 
ment may  be  at  hard  labor.     (La.  9,  116.) 
Six  in  courts  inferior  to  general  trial  courts  in  case  of  mis- 
demeanor.    (Ky.  248.) 
more    than    six    in    cases    of    misdemeanor    in    justice's 

court.      (Mont.   Ill  23.) 


Index  Digest  807 


JURIES    (Cont'd) 

Organization   of  Jury    (Cont'd) 
Number    Composing    (Cont'd) 
Criminal  Coses    (Cont'd) 

Legislature  may  by  general  or  special  law  provide  for  trials 
of  misdemeanors  in  justices'  courts  by  jury  of  not  more 
than  five  nor  less  than  three.  (La.  I  26.) 
Six  in  probate  court  (only  can  have  jurisdiction  for  trials 
of  misdemeanors  in  which  punishment  cannot  be  imprison- 
ment in  penitentiary  or   fine  more  than  $1,000).     (N.M. 

VI   23.) 
Qualifications  and  Disqualifications  of  Jurors 
In  General 

As  prescribed  by  law.      (Tex.  XVI  19.) 

Care  ought  to  be  taken  that  only  qualified  persons  be  ap- 
pointed to  serve.     (N.H.  I  21.) 
Members  of  grand  jury  to  be  competent  to  serve  as  traverse 

jurors.     (Ga.  VI  Sec.  XVIII  2.) 

Age 

Must  be  between  21  and  65  years  of  age.     (S.C.  V  22.) 
Character 

Good  moral  character.     (S.C.  V  22.) 
Citizensliip 

Legislature  to  provide  that  most  competent  of  the  perma- 
nent citizens  of  county  be  chosen.     (Ore.  VII  5.) 
Crime  as  Disqualification 

No  person  convicted  of  treason,  perjury,  forgery,  bribery  or 
other  crime  punishable  by  imprisonment  in   penitentiary 

to  be   eligible.      (La.    160.) 

Person  convicted  of  treason,  felony,  embezzlement  of  public 
money,  bartering,  selling,  or  offering  to  barter  or  sell  vote, 
purchasing  or  offering  to  purchase  vote  of  another,  or 
other  infamous  crime,  and  who  has  not  been  restored  t<> 
citizenship,  or  who  has  been  confined  to  prison  for 
criminal  offense,  ineligible  to  serve  on  jury.     (Ida.  VI  3.) 

Laws  to  be  made  to  exclude  persons  convicted  of  bribery, 
perjury,  forgery  or  other  high  crimes.      (Tex.  XVI  2.) 

Same;   adds  "malfeasance  in  office".     (Cal.  XX  11.) 

Laws  to  exclude  all   persons  convicted  of   perjury,   bribery, 

forgery,   larceny   or   other   high   crime  unless    restored   to 

civil  rights.     (Nev.  IV  27.) 
Educational 

Must  be  able  to  read  and  write;  but  want  of  such  qualifi- 
cation in   any  juror  not  to  vitiate  indictment   or  verdict. 

(Miss.   XIV   264.) 

Right  of  citizens  to  sit  on  juries  not  restricted  or  impaired 
on  account  of  inability  to  speak,  read  or  write  English  or 
Spanish  language.  This  provision  never  to  be  amended 
except  on  vote  in  election  at  which  at  least  three-fourths 
of  electors  voting  in  whole  state  and  at  least  two-thirds 
of  those  voting  in  each  county  shall  vote  for  the  amend- 
ment.    (N.M.  VII  3.) 


State  Constitittions 


JURIES 

IAN1ZATI0N    OF   -M  i:Y    {Cont'd) 

Qualifications  and  Disqualifications  of  Jurors   (Cont'd) 

Electoral 

Must  be  elector.     (S.C.  V  22.) 

L,aws   to  exclude  all   persons  not  qualified  electors.      (Nev. 

IV  27.) 
M,,-t   be  qualified  elector,  but  want  of  such  qualification  not 
to  vitiate  indictment  or  verdict.     (Miss.  XIV  264.) 
Quardiansh  ip  as  Disqualification 

No    person    under    guardianship    eligible    to    serve    on    jury. 

(Ida.  VI  3.) 

Person    under    interdiction    ineligible    to     serve     on     jury. 

(La.  160.) 


I 

Insanity  as  Disqualification 

No  person  idiotic  or  insane  eligible  to  serve  on  jury.      (Ida. 

VI  3.) 

Political  Test 

Test  oath  not  to  be  required.      (W.Va.  Ill  11.) 
Not  to  be  required.      (Tenn.  I  6.) 
Polygamy  as  Disqualification 

Person  who  is  a  bigamist  or  polygamist,  or  who  is  living  in 
patriarchial  or  plural  marriage,  or  who  in  any  manner 
teaches,  advises  or  encourages  polygamy  ineligible  to  serve 

on  jury.      (Ida.  VI  3.) 

Racial 

Right  of  citizens  to  sit  on  juries  not  restricted  or  impaired 
on  account  of  race,  language  or  color.  This  provision 
never  to  be  amended  except  on  vote  in  election  at  which 
at  least  three-fourths  of  electors  voting  in  whole  state 
and  at  least  two-thirds  of  those  voting  in  each  county 
shall  vote  for  the  amendment.  (N.M.  VII  3.) 
No  persona  of  Mongolian  descent  not  born  in  the  United 
States,  no  Indians  not  taxed  who  have  not  severed  their 
tribal  relations  and  adopted  the  habits  of  civilization  to 

serve'.      (Ida.  VI  3.) 
Religious  Test 

Prohibited.      (Ariz.  II   12;   Cal.   I  4;   Mo.  II  5;   N.D.  I  4; 
Ore.  I  6;  Tenn.  I  6;  Utah  I  4;  Wash.  I  11;  W.Va.  Ill  11; 

Wyo.  I   IS.) 
Right  of  citizen  to  sit  on  jury  not  restricted  or  impaired  on 
account   of  religion.     This  provision  never  to  be  amended 
except  on  vote  in  election  at  which  at  least  three-fourths 
of  electors  voting  in   whole   state  and  at  least  two-thirds 
of  those  voting  in  each  county  shall  vote  for  the  amend- 
ment.   (N.M.  VII  3.) 
Compensation  of  Jurors 

gislature  may  regulate  in  all  courts  within  classes  of  counties 
permitted  by  constitution  to  be  made;  not  in  any  class  to 
exceed  $3  a  day  and  mileage.      (Cal.  XI  5.) 


Index  Digest  809 


JURIES    (Cont'd) 

Organization  of  Jury   (Cont'd) 

Compensation  of  Jurors    (Cont'd) 

Not  to  be  provided  for  by  local  or  special  law.   (Cal.  IV  25;  Fla. 

Ill  20;  Ind.  IV  22;  Ida.  Ill  19;  Ky.  59;  Nov.  IV  20.) 
General   law   to   prescribe  manner   of   fixing,   in   all   counties  of 

state.      (Ga.  VI  Sec.  XVIII   3.) 
Ought  to  be  fully  compensated  for  travel,  time  and  attendance. 

(N.H.  I  21.) 
Charge  to  Jury,  See  Courts  —  Trials. 
Province  of  Jury  in  Criminal  Cases 
In  libel  cases,  See  Libel  and  Slander. 
To  determine  law  and  facts.      (Ind.  I  19.) 

To  determine  law  and  facts  under  direction  of  court  as  to  law.     (La. 

179;    Ore.    I    1G.) 
Verdict 

Number  Necessary  to  Render 
Cinl  Cases 

Unanimity  in  all  cases  tried  in  general  trial  court.      (S.C. 

V   22.) 
Legislature    may    provide    for    less    than    unanimous    vote. 

(N.M.  II   12.) 
Legislature  may  provide  that  five-sixths  after  not  less  than 
six  hours'  deliberation  may  render  verdict.      (Minn.  I  4.) 
Three-fourths.     (Cal.  I  7;  Ida.  I  7;  Ore.  VII  5;  Utah  I  10.) 
Three-fourths,   but   if   verdict   rendered    by   less   than   whole 
number,  to  be  in  writing  and  signed  by  each  juror  agree- 
ing.     (Okla.  II   19.) 
Three  fourths,  but  legislature  by  two-thirds  vote  of  all  mem- 
bers elected  to  each  house  may  require  unanimous  verdict. 

(Xev.  I  3.) 
Legislature   may   provide    for   decision   by   three-fourths   of 

jury  in  any  court.      (S.D.  VI  6.) 
Legislature   may    provide   for    not   less   than    three-fourths. 

(Ohio  I  5.) 
Three-fourths  in   courts  of  record.      (Mo.   II  28.) 
Legislature    may    provide    for    verdict    by   three-fourths    in 

courts  of  record.      (Ariz.  II  23.) 
Legislature  may  provide  for  three-fourths   or  more  in  any 

court  of   record.      (Wash.   I   21.) 
Three-fourths    in    general    trial    courts,    but    verdict    to    be 
signed  by  all  jurors  concurring;    when,  pending  trial  of 
case,  one  or  more  jurors,  not  exceeding  three,  die  or  are 
disabled   from   sitting,   remainder   of  jury  have  power  to 
render  verdict;  legislature  may  change  or  modify  rule  au- 
thorizing less  than  whole  number  of  jury  to  render  ver- 
dict.     (Tex.  V  13.) 
Legislature  may  provide  that  in  general  trial  courts,  three- 
fourths  or  more  of  jury  concurring  may  render  verdict; 
but  when  verdict   is  rendered  by  less  than   whole  jury   it 
shall  be  signed  by  all  jurors  who  agree  to  it.     (Ky.  248.) 


-  i  ate  Constitutions 


jl'RIKS 

t'd) 
Number   Necessary   to   Render    (Cont'd ) 
.    |  U  Cases  [Cont'd) 

Two  Thirds    in   civil  oases.      (Mont.   HI   23.) 
Two-thirds  in  courts  not  of  record.      (Mo.  II  2S.) 

linal  Cases 

l  nanimity  required.      (Utah  I   10.) 

Unanimity     required,    except    in    cases    not    amounting    to 

felony.      (Okla.  II   19.) 

All    must    concur    in    capital    cases;    three-fourths     (out    of 

twelve)    where  punishment  must  be  hard  labor;   all    (out 

of  five)   in  cases  where  punishment  may  be  at  hard  labor. 

(La.  116.) 
Unanimity  in  all  cases  tried  in  general  trial  court.     (S.C. 

V  22.) 

Unanimity   required    (for   conviction).      (Me.   I    7;    N.C.   I 

13;  Vt.  I  10;  Va.  I  8.) 
Unanimity    ought   to    be    required    (for   conviction).      (Md. 

D.R.  21.) 
Legislature  may   provide  for  five-sixths   in   cases   of  misde- 
meanor.     (Ida.  I  7.) 
Three-fourths    in    oases   not    amounting   to    felony.       (Okla. 

II  19.) 
Three-fourths  in  cases  below  the  grade  of  felony  in  general 
trial  courts,  but  verdict  when  rendered  by  less  than  whole 
number  to  be  signed  by  every  member  of  jury  concurring. 
When  pending  trial  of  case,  one  or  more  jurors,  not  ex- 
ceeding three,  die  or  are  disabled  from  sitting,  remainder 
to  have  power  to  render  verdict.  Legislature  may  change 
or  modify  rule  authorizing  less  than  whole  number  to 
render  verdict.  (Tex.  V  13.) 
Two-thirds    in    cases    not    amounting    to    felony.       (Mont. 

Ill    23.) 
Formal  Requirements 

It  verdict  rendered  by  less  than  whole  number  pf  jurors,  to  be 
signed   by  all  jurors  agreeing.      (Ky.  248;    Okla.   II   19;   Tex. 

V  13.) 
Special  Findings 

Jury  to  return  general  verdict,  and  no  law  to  require  court  to 
direct  the  jury  to  make  findings  on  particular  questions  of 
fact  but    the   court  may    in    its  discretion   direct   such   special 

findings.    (Okla.  VII  21.) 
Conclusiveness  of  Facts  Found 

No  fact  found  by  jury  to  be  otherwise  re-examined  in  any  cases 

than  according  to  rules  of  common  law.     (W.Va.  Ill  13.) 
No  fact  tried  by  jury  to  be  otherwise  re-examined  in  any  court 
ol    bhia   slate,   unless  court  can   affirmatively   say   there   is  no 
evidence  to  support  verdict.     (Ore.  VII  3.) 
Legislature  may   provide   for   appeal   from  one  jury  to  another 
in  general  trial  courts  and  city  courts.     (Ga.  VI  Sec.  IV  6.) 


Index  Digest  811 


JURIES    {Cont'd) 
Grand  Jury 

As  to   necessity   of  indictment    in   prosecutions,   and  abolishment   of 

grand  jurif,  Sec  CRIMES  —  Form  of  Accusation. 
Summoning,  Drawing,  Impanelling  and  Selecting 

Provision  may  be  made  by  law  for  drawing  and  summoning 
grand  jurors  from  regular  jury  lists  at  any  time  separate  from 
panel  of  petit  jury,  and  for  sitting  of  grand  jury  during  vaca- 
tion as  well  as  session  of  court,  as  judge  may  direct.      (Ore. 

VII  5.) 
Legislature  to  provide  for  list  of  qualified  persons  and  for 
drawing  therefrom  grand  jurors  for  each  term  of  general 
trial  court.  (Miss.  XIV  264.) 
To  be  impanelled  in  each  parish  twice  a  year;  remain  in  office 
till  succeeding  grand  jury  is  impanelled,  except  in  parish  of 
Cameron,  in  which  at  least  one  grand  jury  shall  be  impanelled 

each  year.      (La.   117.) 
To  be  drawn  and  summoned  at  least  once  a  year  in  each  county. 

(Cal.  I  8.) 

To  be.  convened  by  order  of  judge  of  court  having  power  to  try 

felony,  upon  his  own  motion ;   or  on  filing  of  petition  signed 

by   100   resident  taxpayers  of   county   such  grand  jury  to  be 

ordered  by  such  judge;  legislature  may  make  calling  of  grand 

jury  compulsory.        (Okla.  II  18.) 
Not  to  be  convened  except  upon  order  of  judge  of  court  having 

power  to  try   felonies.      (Mo.   II   28.) 
May  be  summoned  by  general  trial  court  in  manner  prescribed 

by  law.      (Ida.  I  8.) 
To  be  drawn  and  summoned  only  by  order  of  general  trial  court. 

(Ariz.  VI  6.) 
To  be  drawn  and  summoned  only  when  general  trial  court  judge 

considers  it  necessary  and  so  orders.      (Mont.  Ill  8.) 
Not  to  be  drawn  or  summoned  except  by  judges  of  general  trial 
courts    when    in    their    opinion    public    interest    demands    it. 

(Utah  I   13.) 
Drawing  and  selection  not  to  be  regulated  by  local,  private  or 

special  law.     (Miss.  IV  90;  N.J.  IV  Sec.  VII  11.) 
Private  or  local  law  prohibited  unless  bill  or  amendment  reported 

by  commissioners  to  revise  statutes.  (N.Y.  Ill  18,  23.) 
Summoning  and  impanelling  not  to  be  regulated  by  local,  private 
or  special  law.  (Cal.  IV  25;  Colo.  V  25;  Fla.  Ill  20;  Ida. 
Ill  19;  111.  IV  22;  Ind.  IV  22;  Ky.  59;  Miss.  IV  90;  Mo.  IV 
53;  Mont.  V  26;  N.J.  IV  Sec.  VII  11;  Nebr.  Ill  15;  Nev.  IV 
20;  N.D.  II  69;  Okla.  V  46;  Ore.  IV  23;  S.C.  Ill  34;  Tex. 
Ill  56;  W.Va.  VI  39;  Wyo.  Ill  27.) 
Number  Composing 

Usual  number.      (Me.  I   7.) 
Eighteen.      (S.C.  V  22.) 

May  consist  of  any  number  not  less  than  five  nor  more  than  15 
as  legislature  may  provide.     (Iowa  V  15.) 


State  Constitutions 


JURIES   [Cont'd) 

\D  Jtjbt.    ( Cont'd) 

Number   Composing    (Cont'd) 

Twelve.      (Colo.  II  23;   Ky.  248;   La.   117;   Mo.  II  28;   Okla.  II 

IS;  Tex.  V  13.) 
May  consist  of  12.     (Wyo.  I  9.) 
Seven.     (Mont.  Ill  8i  Ore.  VII  5;  Utah  I  13.) 
To  be  determined  by  law.     (Ohio  I  10.) 
Qualifications  of  Jurors 

See  also  above,  this  title,  Organization  of  Jury. 
Legislature  to  provide.     (Tex.  XVI  19.) 

Legislature   to   provide   by    law    for    the   selection    of   the   moat 
experienced,    intelligent    and    upright    men.       (Ga.    VI    Sec. 

XVIII  2.) 

Must  be  qualified  elector,  able  to  read  and  write;   but  want  of 

any    such    qualification    not    to    vitiate    indictment.  (Miss. 

XIV  264.) 
Compensation  of  Jurors 

Legislature  may  regulate  in  all  courts  within  classes  of  counties 
permitted   by   constitution   to  be  made;    not   in   any   class   to 
exceed  $3  a  day  and  mileage.      (Cal.  XI  5.) 
Xot  to  be  provided  for  by  local  or  special  law.      (Cal.  IV  25; 
Fla.  Ill  20;  Ida.  Ill  19;  Ind.  IV  22;  Ky.  59;  Nev.  IV  20.) 
Powers  and  Duties 

To   investigate    and   return    indictments    for   all   characters   and 

grades  of  crime.      (Mo.  II  28.) 
Same;   other  powers  as  prescribed  by  law.      (Okla.  II   18.) 
Inquiry  into  misdemeanors.      (Tex.  V  17.) 
Number  Necessary  to  Find  Indictment 
Unanimity  required.      (Me.  I  7.) 

Five  out  of  seven.     (Mont.  Ill  8;  Ore.  VII  5;  Utah  I  3.) 
Nine  out  of   12.      (Colo.  II  23;    Ky.  248;   La.    117;    Mo.  II  28; 

Okla.  II  18;  Wyo.  I  9.) 
Nine  out  of  12  to  be  a  quorum  to  transact  business  and  present 

bills.      (Tex.  V  13.) 
Two-thirds.     (S.C.  V  22.) 
To  be  determined  by  law.      (Ohio  I    10.) 

JURISDICTION 

of  courts,  See  Courts. 

Territorial  jurisdiction   of  state,  See  Territorial  Jurisdiction. 

JUSTICES  OF  PEACE,  See  Courts. 

LABOR 

A i. ministration  of  Laws  Relating  to 

Bureau   of   immigration,  labor   and   statistics   to   be   established;    in 

iharge   of   commissioner   appointed   by   governor   with   consent   of 

Benate  to  bold  office  for  two  years  and  until  successor  qualified, 

unless  sooner  removed.     To  collect  information  on  subject  of  labor 

3    rijiort   in   writing   to   governor   containing   recommendations. 


Index  Digest  813 


LABOR    (Cont'd) 

Administration  of  Laws  Relating  to   (Cont'd) 

To  perform   duties   and   receive   compensation   prescribed   by   law. 
Compensation    not    to    be    increased    or    diminished    during    term. 

(Ida.  XIII   1,  S,  V  27.) 

Commissioner  of  agriculture,  labor  and  statistics  to  be  elected  by 
qualified  voters  of  state  at  time  governor  is  elected.  Term  four 
years  and  until  successor  qualifies;  term  begins  first  Monday 
January  after  election.  He  shall  be  at  least  30  years  of  age 
and  resident  citizen  of  state  two  years  next  preceding  election. 
Duties   to   be   prescribed   by   law.      (Ky.    91.) 

Appointment  or  election  to  office  of  factory  inspector,  of  either  males 

or    females    to   be    allowed.       (La.    210.) 

Legislature  may  provide  for  bureau  of  agriculture,  labor  and  in- 
dustry located  at  capitol,  under  control  of  commissioner,  ap- 
pointed by  governor  subject  to  confirmation  of  senate  to  hold  office 
for  four  years  and  until  successor  qualified;  compensation  provided 

by  law.      (Mont.  XVIII   1.) 

Commissioner  of  agriculture  and  labor  elected  by  qualified  electors 
at  same  times  and  places  as  members  of  legislature;  25  years  old, 
citizen  of  United  States,  and  same  qualifications  as  state  electors; 
to  hold  office  at  seat  of  government  for  two  years  and  until 
successor  qualified.  Powers  and  duties  to  be  prescribed  by  law. 
Salary  to  be  prescribed  by  law,  but  not  to  be  increased  or  di- 
minished during  period  for  which  elected,  and  fees  and  profits 
to  be  covered  into  treasury.      (N.D.  Ill  82,  83,  84.) 

Department  of  labor  created  under  control  of  commissioner  to  be 
elected  for  four  years.  Commissioner  of  labor  to  keep  office  and 
public  records  at  seat  of  government  and  perform  duties  desig- 
nated in  constitution  or  prescribed  by  law;  he  shall  receive  at 
stated  times  compensation  not  to  be  increased  or  diminished  during 
term  for  which  elected  and  shall  not  receive  to  own  use,  costs  or 
perquisites  of  office  or  other  compensation.  Compensation  fixed  at 
$2,000   until   otherwise    provided    by    law.       (Okla.    VI    20,    1,    34, 

Sched.  15.) 

Bureau   of   industrial    statistics   to   be   under    secretary   of    internal 

affairs.      (Pa.   IV   19.) 

Legislature  to  provide  for  board  of  labor,  conciliation  and  arbitra- 
tion; to  fairly  represent  interests  of  capital  and  labor;  to  perform 
duties   and   receive  compensation   prescribed   by   law.      (Utah   XVI 

2.) 

Legislature  may  establish  bureau  of  labor  and  statistics  under 
regulations  to  be  prescribed  by  law.     (Va.  V  86.) 

Commissioner  of  agriculture  ami   industry,  See  Agriculture. 
Arbitration   and   Conciliation 

See  also  Arbitration. 

See  also   Courts —  Arbitration   Courts. 

Legislature  may  establish  boards  of  arbitration  to  hear  and  de- 
termine conditions  and  controversies  between  laborers  and  em- 
ployers which  may  be  submitted  to  them  in  writing  by  all  parties; 


914  State  <  'bN^TiTUTioNS 


LABOR      '       ?d) 

Abbitbation   and  Con<  ii. i  vrmx    (Cont'd) 

t0  p(  3se8a  powers  of  justices  of  the  peace,  in  respect  to  admin- 
istering oaths,  subpoenaing  witnesses,  compelling  attendance,  pre- 
serving order,  punishing  for  contempt,  requiring  production  of 
papers  and  others  powers  and  privileges  in  their  nature  applicable. 

(Ida.   XIII    7.) 

Legislature  to  create  board  of  arbitration  and  conciliation  in  depart- 
ment   of   labor,   with    commissioner   of   labor   ex   officio   chairman. 

(Okla.  VI  21.) 

Everj  license  issued  or  charter  granted  to  a  mining  or  public  serv- 
ice corporation,  foreign  or  domestic,  to  contain  stipulation  that 
it  will  submit  any  difference  it  may  have  with  employees  in  refer- 
ence to  labor,  to  arbitration,  as  provided  by  law.      (Okla.  IX  42.) 

On  request  of  parties  interested  corporation  commission  as  far  as 
possible  to  effecl  by  mediation  adjustment  of  claims  and  settle- 
ment of  controversies  between  transportation  or  transmission  com- 
panies and  their  employees.      (Okla.  IX  IS;  Va.  XII   156  b.) 

Legislature  to  establish  courts  of  arbitration  to  hear  and  determine 
differences  and  controversies  between  organizations  of  laborers 
and  their  employers,  which  shall  be  submitted  to  them  in  manner 
prescribed  by  law;  appeals  from  decisions  of  compulsory  boards 
of  arbitration  to  be  allowed  to  highest  court;  manner  of  taking 
appeals  to  be  prescribed  by  law.  (Wyo.  XIX  Boards  of  Arbi- 
tration 1,  V  28.) 

Blacklisting 

Exchange  of  Lists  Prohibited 

Exchange,  solicitation  or  giving  out  of  any  labor  black  list  pro- 
hibited.     (Ariz.  XVIII  9.) 
Exchange  of  blacklists  between   corporations  prohibited.      (N.D. 

XVII  212.) 
Exchange  of  blacklists  by  railroad  companies  or  other  corpora- 
tions, associations  or  persons,  prohibited.     (Utah  XVI  4.) 

Freedom  to  Obtain  Employment  -  • 

Every  citizen  free  to  obtain  employment  wherever  possible;  any 
person  maliciously  interfering  or  hindering  him  from  obtain- 
ing or  enjoying  employment  already  obtained  from  other  per- 
son, to  be  guiltj  of  misdemeanor.  (X.D.  I  23.) 
Every  person  in  stale  free  to  obtain  employment  whenever  pos- 
sible,  and  any  person  maliciously  interfering  or  hindering  in 
any  way  any  person  from  obtaining  or  enjoying  employment 
already    obtained    from    any    person,    to    be    deemed    guilty    of 

crime.      (Utah  XII  19.) 

Bondage 

and  no    woman    over    IS   "to  be  holden  by  law  to 

any  person  as  :i  servant  "  unless  bound  by  their  own  consent 

arriv*   at  such  age,  or  bound  by  law  for  the  payment  of 

Bni  .  costs.,  or  the  like.     (Vt.  I  1.) 


Index    Digest  815 


LABOR    {Cont'd) 
Children 

Legislature  to  enact  suitable  laws  for  regulation  of  employment  of 

children.     (N.M.  XX   10.) 
Legislature  may  regulate  conditions  of  employment.      (Mich.  V  29.) 
Hours  of  labor,  See  beloic,  this  title,    limns. 
Minimum  wage,  Sec  belou\  this  title,  Minimum   \\  A.GE. 
Girls  not  to  be  employed  underground  in  operation  of  mines.     (Okla. 

XXIII   4.) 

No  girl  of  any  age  to  be  employed  or  permitted  to  be  employed  in  <>r 

about  any  coal,  iron  or  any  other  dangerous  mine  for  purpose  of 

employment    therein.      Not   applicable    to    employment    of    girl    of 

suitable  age  in  office  or  in  performance  of  clerical  work   at  such 

mine  or  colliery.     (Wyo.  IX  3,  4.) 
Labor  of  children  under  12  years  prohibited  in  mines,  factories  and 

workshops.      (N.D.  XVII  209.) 
Legislature  to  prohibit  employment  in  mines  of   children  under   12. 

(Colo.  XVI  2.) 
No    child   under    14   to   be   employed   in   gainful   occupation    during 

hours  in  which  public  schools  in  session.      (Ariz.  XVIII  2.) 
No  child  under  14  shall  be  employed  in  mines.     (N.M.  XVII  2.) 
Employment  of  children  under   14  in  underground  mines  prohibited. 

(Ida.  XIII  4.) 
Legislature  to  prohibit  employment  of  children  under   14   in  under- 
ground mines.     (Utah  XVI  3.) 
No  boy  under  14  to  be  employed  or  permitted  to  be  employed  in  or 
about  ,any  coal,  iron  or  any  other  dangerous  mine  for  purpose  of 
employment    therein.      Not    applicable   to    employment    of    boy   of 
suitable  age  in  office  or   in  performance  of  clerical  work  at  such 
mine  or  colliery.      (Wyo.  IX  3,  4.) 
Employment  of  children  under  age  of  15  in  occupation  injurious  to 
health    or    morals,    or   especially    hazardous    to    life    or    limb    pro- 
hibited.     (Okla,  XXIII  3.) 
No  child  under  16  to  be  employed  underground  in  mines,  or  in  occu- 
pation injurious  to  health  or  morals  or  hazardous  to  life  or  limb: 
nor  in  occupation  at  night.      (Ariz.  XVIII  2.) 
Unlawful    to    employ    children    under     16     in     underground    mines. 

(Mont.  XVITT   3.) 
Boys  under  16  not  to  be  employed  underground  in  operation  <>f  mines. 

(Okla.  XXIII  3.) 

Coolie  Labor 

Asiatic  coolieism  is  form  of  human  slavery  and  is  forever  prohibited; 

contracts  for  to  be  void.     Importation  of  such  labor  by  companies 

and  corporations,  domestic  or   foreign,  to   be   subject   to  penalties 

prescribed  by  legislature.      (Cal.   XIX    4.) 
Kmployer's  Liability 

See  also  Personal  Injuries. 

See  also  Injuries. 

Workmen's  compensation,  See  Workmen's  Compensation. 

Contract    or    agreement    with    employee    waiving    right    to    recover 

damages  for  death  or  injury  to  be  void.     (Wyo.  X  4.) 


State  Con stitutk  >  ,\  a 


LABOR      I         '•/) 

t'fi    l.iwiii.nv     (Cont'd) 

Unlawful  to  require  of  servants  or  employees  as  condition  of  employ- 
ment or  otherwise  contract  or  agreement  of  release  or  discharge 
from  liability  for  personal  injuries  received  in  service  of  em- 
ployer  by  reason  of  negligence  of  employer  or  agents  or  employees, 
and  such  contracts  to  be  void.  (Ariz.  XVIII  3;  Colo.  XV  15; 
Mont.  XV   K>;   Wyo.  XIX  Labor  Contracts.) 

Legislature  to  enact  employer's  liability  law  whereby  employer  to 
be  liable  for  death  or  injury  caused  by  accident  due  to  condition 
of  occupation  of  employee  in  hazardous  occupations,  in  mining, 
smelting,  manufacturing,  railroad  or  street  railway  transporta- 
tion, or  any  other  industry,  except  where  death  or  injury  caused 
by  negligence  of  killed  or  injured  employee.      (Ariz.  XVIII  7.) 

Fellow-servant  rule  abrogated  so  far  as  it  affects  liability  of  master 
for  injuries  to  bis  servant,  resulting  from  acts  or  omission  of 
any  other  servant  or  servants.      (Ariz.  XVIII  4.) 

Fellow -servant  doctrine  abrogated  as  to  employees  of  railroads, 
street  railway  or  interurban  railway  companies  and  persons  en- 
gaged    in   mining,    and   legislature   may   extend   this   provision   to 

any  other  employees.      (Okla.  IX  36.) 

1(1  low -.servant  rule  and  assumption  of  risk  rule  abolished  in  part 
as  to  railroad  employees  engaged  in  certain  classes  of  work.  Con- 
tract or  agreement  by  employee  to  waive  this  provision  to  be 
void.  Legislature  may  enlarge  such  rights  and  remedies  of  such 
employees,  or  extend  such  rights  and  remedies  to  or  otherwise 
enlarge  present  rights  and  remedies  of  any  class  of  employees  of 
railroads  or  of  employees  of  any  person,  firm  or 'corporation.    (Va. 

XII  162.) 

Railroad  liable  for  injury  or  death  of  employee  resulting  from  negli- 
gence of  railroad  or  officers,  agents  or  employees,  or  by  reason  of 
defect  or  insufficiency,  due  to  negligence  in  cars,  engines,  ap- 
pliances, machinery,  track,  roadbed,  works  or  other  equipment. 
Action  for  death  may  be  maintained  by  executor  or  administrator 
for  benefit  of  employee's  surviving  widow  or  husband  and  chil- 
dren, or  if  none,  his  parents,  or  if  none,  then  next  of  kin  de- 
pendent upon  decedent.  Amount  recovered  distributed  as  provided 
by  law.  Contract  or  agreement  in  advance  of  injury  waiving 
or  limiting  the  right  to  recover  damages  to  be  void.  This  pro- 
vision    not    to    affect    federal    employers'    liability    act.       (N.M. 

XX  16.) 

Where   death  ensues   from  injury  to  employee  of   railroad   corpora- 
tion   legal    or    personal    representatives    to   have    same    right   and 
remedies  as  are  allowed  by  law  to  representatives  of  other  persons 
not  employees.     Contract  or  agreement,  express  or  implied,  by  em- 
ployee  t,,  waive  benefit  of  this  provision,   to  be  void.     Provision 
lot  to  hi-  construed   to  deprive  employee  of  a  corporation  or  his 
jal   representatives  of  right  or  remedy  that  he  now  has  by  law 
the  land.     Legislature  may  extend  remedy  provided  for  to  any 
other  dass  of  employees,     (Miss.  VII  193;  S.C.  IX  15.) 


I  m>i;x   I)k;kst  817 


LABOR    (Cont'd) 

Employer's  Liability    (Cont'd) 

Employee  of  railroad  corporation  to  have  same  rights  and  remedies 
for  injuries  suffered  by  him  from  act  or  omission  of  corporation 
or  its  employees,  as  allowed  by  law  to  persons  n<»t  employees, 
where  injuries  result  from  negligence  of  superior  agent  or  officer 
or  person  having  right  to  control  or  direct  services  of  injured 
party,  or  where  injuries  result  from  negligence  of  fellow-servanf 
engaged  in  other  department  of  labor,  or  of  a  fellow-servant  on  an- 
other train  of  cars,  or  one  engaged  about  different  piece  of  worlc. 
Contract  or  agreement,  express  or  implied,  by  employee  to  waive 
benefit  of  this  provision,  to  be  void.  Provision  not  to  be  construed 
to  deprive  employee  of  a  corporation  or  his  legal  representatives 
of  right  or  remedy  that  he  now  has  by  law  of  the  land.  Legis- 
lature may  extend  remedy  provided  for  to  any  other  class  of 
employees.      (Miss.  VII   193;   S.C.  IX   15.) 

Knowledge  by  injured  employee  of  railroad  corporation  of  defective  or 
unsafe  character  of  machinery,  ways  or  appliances  not  to  be  defense 
to  action  except  as  to  conductors  or  engineers  in  charge  of  dangerous 
or  unsafe  ears  or  engines  voluntarily  operated  by  them.  Contract 
or  agreement,  express  or  implied,  to  waive  benefit  of  this  provi- 
sion, to  be  void.  Provision  not  to  be  construed  to  deprive  em- 
ployee of  a  corporation  or  his  legal  representative  of  right  or 
remedy  that  he  now  has  by  law  of  the  land.  Legislature,  may 
extend    remedy    provided    for    to    any    other    class    of    employees. 

(Miss.  VEl  193;   S.C.  IX  15.) 

For  injury  to  person  or  property  caused  by  wilful  failure  to  comply 
with  constitutional  provision    (relating  to  mines  and  mining)    or 
law  passed  in  pursuance  thereof,  injured  party  shall  have  right  of 
action   for  damage  sustained.      (Wyo.   IX   4.) 
General  Declarations 

Freedom  to  obtain  employment,  See  above,  this  title,  Blacklisting. 

Rights  of  labor  to  have  just  protection  through  laws  calculated  to 
promote  the  industrial  welfare  of  the  state.      (Utah  XVI  1.) 

Rights  of  labor  to  have  just  protection  through  laws  calculated  to 
secure  to  laborer  proper  rewards  for  service  and  to  promote  in- 
dustrial welfare  of  state.     (Wyo.  I  22.) 

Legislature    to    prohibit    political    and    commercial    control    of    em- 
ployees.     (Utah   XVI    3.) 

Legislature  to  provide  for  protection  of  employees  of  corporations 
doing  business  in  state  from  interference  with  their  social,  civil 
and  political  rights  by  such  corporations,  their  agents  or  employees. 

(Miss.  VII   Ml.) 

Private,  local  or  special  law  regulating  labor  prohibited.      ( Ky.  59; 
La.  48;  Mo.  IV  53;  Pa.  Ill  7;  Tex.  Ill  56;  Va.  [V  63.) 
Health  and  Safety 

On  public  work,  See  below,  this  title,  Ptjblic  Work. 

Nothing  in  constitution  to  be  construed  to  limit  power  of  the  legis- 
lature to  enact  laws  for  protection  of  lives,  health  or  safety    of 

employees.     ( X.V.  I  19.) 


vjs  Si  mi:  (  Institutions 


LABOR      ' 

lit  \i  hi  am.  Safety  (Cont'd) 

ialature  may  provide  for  comfort,  health,  safety  and  general  wel- 
fare  of  employees;    no  provision   of  constitution   to  be  construed 
limitation   on  power  of  legislature  to  confer   upon   a  cornmis- 
•:  power  to  carrj   out  provisions  of  this  section.   (Cal.  XX  17*4 

(1014).) 

Comfort,  health,  safety  and  general  welfare  of  all  employees  may  be 

provided    for  by   law;   nothing  in  constitution  to  impair  or  limit 

this   power.      (Ohio  II   34.) 

Legislature  to  provide  for  protection  of  persons  working  in  mines, 

factories  and  other  employments  dangerous  to  life  and  deleterious 

to  health.     (Wash.  II  35.) 
Legislature  to  provide  for  health  and  safety  of  employees  in  factories, 

mines  and   railroads.      (Okla.  XXIII  5.) 
Legislature   to   require   such   appliances   and   means   to  be   provided 
and   used    as  may  be  necessary  to  secure,  as  far  as  possible,  the 
lives,   health   and    safety   of   persons   employed    in   mining   and   of 
persons   traveling   on   railroads   and  by  other  public   conveyances. 

(Ark.  XIX   18.) 
Legislature  to  provide  for  health  and  safety  of  employees  in  factories, 

smelters  and  mines.     (Utah  XVI  6.) 

Legislature  at   first  session  to  enact  laws  regulating  operation  and 

equipment   of   mines   so   as   to   provide   for   health    and    safety   of 

workers.     (Ariz.  XIX.) 
Legislature  to  provide,  for  proper  ventilation  of  mines,  construction 
of   escapement   shafts,   and   other   appliances   necessary  for  health 
and   safety  of  workmen.      (Colo.  XVI  2.) 
Legislature  t<>   provide   for   health   and   safety  of  employees   in   fac- 
tories, smelters,  mines  and  ore  reduction  works.     (Ida.  XIII  2.) 
Legislature  to  pass  necessary  laws  for  protection  of  operative  miners 
by   providing   for   ventilation   when   required   and   construction   of 
apement   shafts  Or  such  other  appliances  as  may  secure  safety 

in  coal  mines.     (111.  IV  29.) 

Legislature  to  enact  laws  requiring  proper  ventilation,  constructing 

and  maintenance  of  escapement  shafts  or  slopes,  and  adoption  and 

use   of   appliances   necessary   to   protect   health   and   secure   safety 

of  employees.     (X.M.  XVII  2.) 

islature   to    provide    for    proper   development,   ventilation,   drain- 

age  and  operation  of  mines.     (Wyo.  IX  2.) 

Corporation    commission    may   make    and    enforce    reasonable    rules, 

regulations   and   orders   for   convenience,   comfort   and   safety,   and 

I1""'  rvation  and  health  of  employees  of  public  service  corporations. 

(Ariz.   XV   3.) 

II"! 

On  public  work,  See  below,  this  title,  Public  Work. 

1  iployees,  may  be   fixed   and   regulated  by  law;   nothing  in 
constitution  to  impair  or  limit  this  power.      (Ohio  II  34.) 

n  and  children,  legislature  may  regulate.     (Mich.  V  29.) 
child    under    16   to   1^   employed   for   more   than   eight   hours    a 

day.     (Ariz.  XVIII  2.) 


Index   Digest  819 


LABOR    (Cont'd) 
Hours    (Cont'd) 

Legislature  to  provide  for  period  of  employment  not  to  exceed  eight 
hours  in  any  24  (except  in  cases  of  emergency  where  life  or 
property  is  in  imminent  danger)  for  persons  employed  in  under- 
ground mines  or  workings,  blast  furnaces,  smelters,  ore  reduction 
works  or  other  branch  of  industry  or  labor  that  legislature  may 
consider   injurious   or   dangerous   to   health,   life   or   limb.      (Colo. 

V  25a.) 
Eight   hours   to  constitute   a   day's    work    in    mills   and    smelters    for 
treatment  of  ores  and  in  underground  mines.      (Mont.  XVIII  4.) 
Except  in  .  emergencies  eight  hours  to  constitute  day's  work   under- 
ground in  mines.      (Okla.  XXIII  4.) 
Eight  hours'  actual  work  to  constitute  a  lawful  day's  work   in   all 

mines.     (Wyo.  XIX  1.) 
Importation  of  Armed  Men,  See  Police. 
Liens 

For  current  wages,  See  below,  this  title,  Wages. 
Exemptions  from  forced  sale  not.  to  apply  to,  See  Exemptions  from 

Forced  Sale. 
Mechanics,  artisans,  and  laborers  to  have  lien  on  property  on  which 

they  have  bestowed  labor  for  value  of  labor.     (Cal.  XX  15.) 
Legislature  to  provide  for  giving  to  mechanics  and  laborers  adequate 
lien  on  the  subject  matter  of  labor.      (Fla.  XVI  22;   Ida.  XIII  6; 

X.C.  XIV  4.) 
Legislature  may   secure   for  mechanics,   artisans,   laborers   and   sub- 
contractors  their    just   dues   by   direct   lien   upon    property   upon 
which  theyT  have  bestowed  labor;   no  provision  in  constitution  to 
impair  or  limit  this  power.      (Ohio  II  33.) 
Mechanics    and    artisans   to   have   lien   upon   buildings   and    articles 
made  or  repaired  for  value  of  labor.     (Tex.  XVI  37.) 
On  Married  Women's  Property,  See  Women. 
Minimum  Wage 

May  be  fixed  by  law;  nothing  in  constitution  to  impair  or  limit  this 

power.      (Ohio  II  34.) 
Legislature  may  provide  for  minimum  wage  for  women  and  minors; 
no    provision    of    constitution    to    be    construed    as    limitation    on 
power  of  legislature  to  confer  upon  a  commission  power  to  carry 
out  provisions  of  this  section.      (Cal.  XX   lTVs    (1014).) 
Legislature  to  provide  for  minimum  wage  for  children   employed  in 
places  dangerous  to  life  and  health,  or  injurious  to  morals.      (  Ky. 
•       ft        '  243.) 

Protection  of  Employees,  See  above,  this  titl<\  Health  and  Safety. 
Public  Work 
In  General 

Protection  for  current  wages.  See  below,  this  title,  Wages. 

Legislature   may   regulate    and    fix   wages    or    salaries,    hours    of 

work  or  labor,  and  make  provision  for  protection,  welfare  and 

safety,  of  employees  of  stale  or  civil  division,  or  of  contractor 

or  subcontractor  performing  work,  labor  or  service  therefor. 

(N.Y.  XII   1.) 


State  ('(institutions 


LABOR      '       t'd) 

Public   Wobk    {Cont'd) 

Aliens 

]'.]>. in  not  citizen  or  ward  of  United  States,  or  who  has  not 
declared  intention  to  become  citizen,  not  to  be  employed  on  or 
in  connection  with  any  state,  county  or  municipal  "works  or 
employment  ";  but  this  not  to  prevent  working  of  prisoners 
by   state   or  municipality   on   street  or   road   works   or   other 

public  works.      (Ariz.   XVIII   10.) 

No  Chinese  shall  be  employed  on  any  state,  county,  municipal, 
or  oth^r  public  work,  except  in  punishment  for  crime.      (Cal. 

XIX  3.) 

Person  not  citizen  of  United  States  or  who  has  not  declared  his 
intention  to  become  such  not  to  be  employed  on  or  in  connec- 
tion with  any  state  or  municipal  works.      (Ida.  XIII  5.) 

Person  not  citizen  of  United  States  or  who  has  not  declared  his 
intention  to  become  citizen  not  to  be  employed  upon  or  in 
connection  with  state,  county  or  municipal  work,  or  employ- 
ment.     (Wyo.  XIX  Labor  on  Public  Works  1,  2.) 

Convict  Labor,  See  Convict  Labor. 
Hours 

EigW  boms  to  constitute  lawful  day's  work  in  employment  by 
or   on   behalf   of    state   or    any   political    subdivision.       (Ariz. 

XVIII   1.) 
Time  of  service  of  laborers',  workmen  or  mechanics  employed  upon 
public  works  of  state  or  of  political  subdivision,  whether  by 
contract  or  otherwise,  limited  to  eight  Jiours  in  any  calendar 
day,  except  in  cases  of  extraordinary  emergency  caused  by  fire, 
flood  or  danger  to  life  and  property  or  except  to  work  upon 
public,  military  or  naval  works  or  defenses  in  time  of  war; 
legislature  to  provide  that  stipulation  to  this  effect  shall  be 
inserted  in  all  contracts  for  public  works.      (Cal.  XX  17.) 
No1    more  than  eight  hours'  actual  work  to  constitute  a  lawful 
day's  work  on  all  state  and  municipal  worksv     (Ida.  XIII  2.) 
Eight  hours  to  constitute  a  day's  work  on  all  works  or  under- 
takings carried  on  or  aided  by  any  municipal,  county  or  state 
government  and  on  all  contracts  let  by  them.      (Mont.  XVIII 

L) 
Eight  hours  in  constitute  a  day's  work  in  all  cases  of  employ- 
ment by  and  on  behalf  of  state  or  any  county  or  municipality. 

(N.M.  XX  19.) 
'it  hours  to  constitute  day's  work  in  employments  by  and  on 
behalf  of  stale  or  county  or  municipality.  (Okla.  XXIII  1.) 
On  public  work  carried  on  or  aided  by  state  or  political  sub- 
division  by  contract  or  otherwise,  not  to  exceed  eight  hours 
to  constitute  a  day's  work  and  not  to  exceed  48  hours 
to  constitute  a   wick's  work,  except   in  cases  of  extraordinary 

emergency.     (Ohio  II  37.) 


Index  Driest*  821 


LABOR    (Cont'd) 

Public   Work    (Cont'd) 
Hours    (Cont'd) 

Eight  hours  to  constitute  a  day's  work  on   works  or  undertak- 
ings carried  on  of  aided  by  slate,  county  or  municipal  govern- 
ment.    (Utah  XVI  G.) 
Eight  hours'  actual  work  to  constitute  a  lawful  day's  work  mi  all 
state  and  municipal  works.     (Wyo.  XIX  Concerning  Labor  1.) 

Safety,  See  above,  this  title.  Health  and  Safety. 
Votino,  Time  Allowed  fob 

Legislature  to  provide  by  law  that  employers  shall  allow  employees. 

under  reasonable  regulations,  at  least  four  hours  on  election  days 

in  which  to  vote.      (Ky.   14S.) 

Wages 

Minimum  wage,  See  above,  this  title,  Minimum  Wage. 

On  public  work,  See  above,  this  title,  Public  Work. 

Wage-earners  in  state  employed  in  factories,  mines,  workshops,  or 
by  corporations,  to  be  paid  in  lawful  money.      (Ky.  244.) 

No  law  to  be  passed  fixing  price  of  manual  labor.      (La.  51.) 

Current  wages  not  subject  to  garnishment.     (Tex.  XVI  28.) 

Legislature  at  first  session  to  protect  laborers  on  public  buildings, 
streets,  roads,  railroads,  canals  and  other  similar  public  works 
against  failure  of  contractors  or  subcontractors  to  payr  their  cur- 
rent wages  when  due,  and  to  make  corporation,  company  or 
individual   for  whose  benefit  work  done,  responsible  for  ultimate 

payment.      (Tex.   XVI    35.) 

Legislature  to  pass  law  to  protect  laborers  on  buildings,  streets, 
roads,  railroads,  canals  and  other  similar  works  against  failure 
of  contractors  and  subcontractors  to  pay  current  wages  when  due. 
and  to  make  corporation,  company  or  individual  for  whose  benefit 
the  work  is  done  responsible  for  their  payment.      (La.    1S5.) 

Women 

As  to  girls,  See  above,  this  title,  Children. 

Legislature    may    regulate    hours    and    conditions    of    employment. 

(Mich.   V   20.) 
Legislature  may  provide  for  minimum  wage  for  women.      (Cal.  XX 

17U     (1914).) 
Women    not    to    be    employed    underground    in    operation    of    mines. 

(Okla.   XXIII   4.) 
Legislature  to  prohibit  emplovment  of  women  in  underground  mines. 

(Utah  XVI  3.) 
No  woman  to  be  employed  or  permitted  to  be  employed  in  or  about 
any  coal,  iron,   or  other  dangerous  mine  for  purpose  of  employ- 
ment therein.     Not  applicable  to   employment  of  women   in   office 
or   in   performance   of   clerical  work   at   mine  or   colliery.      (Wyo. 

IX   3.) 
LAKES,  Sec  Waters. 

LAW  OF  LAND,  See  Life,  Liberty  and  Property. 


State  Constitutors 


LAWS 
A 

|  [aw    subjed   to  amendment.      (Va.  IV  64.) 
aodment  of  criminal  statute  not  to  affect  prosecution  of  punish- 
:,i   of  any  crime  committed  before  amendment.      (Fla.  Ill  32.) 
[ution  i"  have  effect  of  altering  or  extending  any  law.      (Mo. 

V  14.) 
No  section  of  code  to  be  amended  by  mere  reference  to  number  or 

tion;  amending  act  to  describe  distinctly  law  amended  as  well 
as  alteration  to  be  made.      (Ga.  Ill  Sec.  VII  17.) 

Method,  >■■    Legislative  Pbqcedtjpe  —  Form  or  Bills. 

For  prohibition  of  amendment  of  general  law  so  as  to  serve  purpose 
of  private,  local  or  special  law,  See  Special  or  Local  Laws. 

DEFEi  CS  and  Omissions  in 

Reports  by  judge  of  supreme  court  of  defects  in  constitution  or  laws 
to   be   transmitted   by   governor   to   legislature   with   bis   message. 

(Nebr.  V  22.) 
To  b_e  reported  by  judges  of  supreme  court  to  governor  before  Decem- 
ber   1st   of  each  year;   governor   to  transmit  report  to  legislature 

with  message.      (Ida.  V  25.) 

May   be  reported   at   any  time  by  district  judges  to   supreme  court; 

Bupreme   court    to   report  any  defects   and   omissions   to  governor 

on  or  before  December  1st  of  each  year.      (Tex.  VIII  22.) 

To  l»e  reported  by  judges  of  inferior  courts  of  record,  on  or  before 

June  1st  of  each  year,  to    supreme  court;  judges  of  supreme  court 

to    report    to   governor   with    appropriate   bills   to   remedy    on    or 

before  January   1st   of  each  year.      (111.  VI   31.) 

To   be    reported    in    writing,    with    appropriate    bills    to    remedy,    by 

judges  of  inferior  courts  of  record  to     supreme  court  on  or  before 

July     1st;    supreme    court    to    report    to    governor    on    or    before 

December   1st,  which  report  to  be  transmitted  to  legislature  with 

governor's  message.      (Colo.  VI  27.) 

\Ia\   be  reported  at  any  time  by  judges  of  inferior  courts  to  supreme 

court  ;   to  be   reported    in  writing  byr  judges  of   supreme  court  to 

governor  before  December  1st  of  each  year.      (Utah  VIII  22.) 

I      be    reported   by   superior   court   judges   to   supreme   court   on   or 

before   November    1st  of   each   year;    to   be   reported  by   supreme 

ri    judges  to  governor  on  or  before  January  1st  of  each  year. 

(Wash.  IV  25.) 

Judges   of   <  ii  <-uii    court    to   report   to   attorney-general   at   least   30 

days  before  each  session  of  legislature  such  defects  as  brought  to 

(heir    attention    and    to    suggest    such    amendments    or    additional 

legislation   as  necessary;   attorney-general  to  report  to  legislature 

each    aession    BUCh    legislation    as    he    deems    advisable.      (Fla. 

V  13.) 
1)"'1-1   op,  8e*    below,  this  title,  Revision  and  Digest. 

i  mi  vi.  Pboi  edure,  See  "  Legislative  Procedure",  and  "Initiative 

and  Referendum  ". 


Txdf.x  Digest  823 


LAWS   (Cont'd) 

Enforcing  Constitution 

Legislature  to  pass  such  laws  as  necessary.  (Ala.  X\  II  282;  Ariz. 
XXII  21 ;  Del.  Shed.  10;  Ida.  XXI  15;  III.  Sehed,  19;  [owa 
XII  1;  Mo.  Sehed.  1.1;  Nebr.  XVI  20;  X..I.  \  12;  X.M.  XXII  21; 
X.D.  II  68;  Okla.  V  45;  Pa.  Sehed.  :!]•.  K.I.  |\'  1;  Va.  Sehed.  20; 

Wyo.  XXI  14.) 

Legislature  to  have  power  to   pass   all   laws    necessary   and    proper 

for  carrying  into  execution   powers  vested   by  constitution.      (  \|,1. 

Ill  56.) 

Equal  Protection^  of 

No   person   to   be   denied   equal    protection   of   laws.      (N*.M.    II    IS- 

S.C.  T  5.) 
Execution  of,  See  Executive  Power. 

Existing  to  Remain  in  Force 

Until    amended    or   repealed,   except    such    as   are    inconsistent    with 

constitution.      (Ala.   Sehed.    1;   Ark.   Sehed.    1;    Cal.   XXII    1;    Ky. 

Sehed.  1;  Mass  Pt.  II  Ch.  VI  6;  Mo.  Sehed.  1;  Ohio  Sehed.  1912; 

Ore.  XVIII   7.) 
Until  expiring  by  own  limitation  altered  or  repealed,  except  such  as 

are   inconsistent   with  constitution.      (Ariz.   XXII   2;    Conn.  X   3; 

Fla.  XV1JI  2;  Ida.  XXI  2;  Iowa  XII  2;  Kan.  Sehed.  4;   Me.  X  1; 

Minn.  Sehed.  2;   Miss.   Sehed.  274;   Xev.   XVII    2;   X.M.   XXII  4; 

N.D.   Sehed.   2;    S.C.   XVII    10,    11;    Tenn.    XI    1;    Utah    XXIV   2; 

Va.  Sehed.  1;  Wash.  XXVII  2;  Wyo.  XXI  3.) 
Laws  of  state,  not  repugnant  to  constitution  of  state  or  Constitution 

and  laws  of  United  States,  until  lawfully  altered.      (X.C.  IV  19.) 
Existing  laws,  not  inconsistent  with  constitution,  to  remain  in  force 

except  as  altered  by  future  laws.      (Del.   Sehed.    IS.) 
Laws,   not   repugnant   to   constitution,   and   not   locally    inapplicable, 

in   force  at  time  of   admission  of  state,   to   remain   in   force  until 

they  expire  or  are  altered  or  repealed.      (Okla.  Sehed   II.) 
All  laws   in   force  not   repugnant   to    Constitution   of   United    States 

and  constitution  of  state  to  remain  in  force  until  they  expire  or 

are  altered  or  repealed.      (Mont.  XX  1;  Tex.  XVI  48.) 
Laws    in    force    at    time    of    adoption    constitution    not    inconsistent 

therewith,  and  constitutional  when  enacted,  to  remain  in  full  force 

and  effect  until  altered  or  repealed   by   legislature   or   until    they 

expire.      (La.  32(5.) 
Laws  now  in  force  not  inconsistent  with  constitution,  and  ordinances 

of  constitutional   convention,  to  remain   in   force   till   modified   or 

repealed   by  legislature,  to  be  subordinate   to   United   States   and 

state  constitutions.      (Oa.  XII  Sec.  I  3,  4.) 
All  laws  heretofore  adopted,  used   and    approved   in   colony  or  state. 

and  usually  practiced  on   in   courts   of   law.   to   remain   and    he   in 

full    force   until    altered    and    repealed,    such    parts    thereof    only 

accepted  as  are  repugnant  to  constitution.      (X.I  I.  Pt.  II  S!». ) 
All  laws  already  in  force,  not  repugnant  to  constitution,  to  remain 

in  force  until  they  expire  by  their  own   limitation,  or   altered  or 


Si  All     (  loNSTITtTTtONS 


LAWS     Cont'd) 

in   in   For(  E   i  Cont'd) 
repealed  by  legislature.     Common  law  in  force  not   repugnant  to 
BBtitution   to  remain  until  alt. to)  or  suspended  by  legislature. 

(Wis.  XIV  2,  13.) 
Common    Law   and    statute   laws,   not   repugnant   to   constitution,   to 
remain   in   force  until   expiring  by  own   limitation   or  altered  or 
repealed   l>y  legislature.      (Mich.   Sched.    1;    X.J.  X    1.) 
i  ommon  law  and  acts  of  legislature  of  colony  and  of  state  not  repug- 
nant  to  constitution,  to  continue  to  be  law,  subject  to  alteration 

by  legislature.      (N.Y.  I  16.) 
Common   law  and   acts  of  legislature  not  repugnant  to  constitution 
to    continue    in    force    until    altered    or    repealed    by    legislature. 

(W.Va.  VIII  21.) 
All  law.  common  and  statutory,  if  not  inconsistent  with  constitution.. 

(111.  Sched.  1-  Nebr.  XVI  1;  Pa.  Sched  1,  2.) 
Mai  nits,  public  and  private,  not  repugnant  to  constitution,  to  con- 
tinue  in    force  until  expiring  by  own  limitation  or   are  repealed. 

(R.I.  XIV  1.) 
In  force  in  Virginia,  .Time  1,  1792,  of  a  general  nature  not  local 
to  that  state  and  not.  repugnant  to  this  constitution  or  to  laws 
enacted  by  legislature  of  this  commonwealth  to  be  in  force  till 
altered  or  repealed  by  legislature.  (Ky.  2.33.) 
Local  and  private  acts  for  benefit  of  counties,  cities,  towns,  cor- 
porations and  private  persons,  not  inconsistent  with  supreme  law 
or  with  constitution,  which  have  not  expired  or  been  repealed,  to 
remain  in  force,  subject  to  judicial  decision  as  to  validity  when 
passed,  and  to  limitations  imposed  by  their  own  terms.      (Ga.  XII 

Sec.  I  4.) 

All  laws  and  ordinances  now  in  force  applicable  to  city  of  Ualtimore, 

not    inconsistent  with  constitution,  to  be  continued  until  changed 

in  due  course  of  law.      (Md.  XI  8.) 
Laws   relative   to   present    judicial   system   of  state  to  be   applicable 
to  judicial  system  created  by  constitution  until  changed  by  legis- 
lature.     (Cal.  XXII  11.) 
Laws   exempting   property   from   sale  on   execution   or  by   decree   of 
court,  which  were  in   force  at  time  of  adoption  of  constitution  of 
IsiiS,  to  remain  in  force  with  regard  to  contracts  made  before  that 

time.      (Ark.  Sched.  I.) 
Ad     of    territory    entitled    "Act    to    Punish    Polygamy    and    Other 
Kindred  Offenses",  approved  18D2,  so  far  as  same  defines  penalties 
for  polygamy,  declared  to  be  in  force  in   state.      (Utah  XXIV  2.) 
-ions  ,,f  all   laws  inconsistent   with  constitution  to  cease  upon 
idoption  thereof,  except   that  all  laws  inconsistent  with  such  pro- 
ions  of  this  constitution  as  require  legislation  to  enforce  them, 
to  remain   in  full   force  until  duly  1,  1880,  unless  sooner  altered 
or  repealed  by  legislature.      (Cal.  XXTI  1.) 
SameJ  excep1   date  duly  1,  1877.      (Mo.  Sched.  I.) 

cepl    laws  to   remain   in   force  until   legislation  is  had,  not 
than   six-  years  unless   sooner   amended    or   repealed.      (Ky. 

Sched.  I.) 


Index   Dickst  825 


LAWS   [Cont'd) 

Ex  Tost  Facto,  See  Ex  Post  Facto  Laws. 
General  Laws 

Enactment  Provided  for 

Legislature   to   pass   general    laws    for    eases    in    which    special, 

private  or  local  laws  prohibited.      (Ala.  IV  104.) 
Same;  such  laws  to  be  uniform  in  their  operation.    (Ind.  IV  23; 
Iowa  III   30;    Minn.   IV   34;    Nev.   IV   21;    S.C.   Ill   34;    Wis. 

IV  32.) 
Legislature  to  pass  general   laws  in  cases  in  which   special   and 
local  laws  prohibited  and  in  all  cases  where  provision  can  be 
so  made.     (Md.  Ill  33;  N.J.  IV  Sec.  VII  11 ;  N.Y.  Ill  IS;  Va. 

IV  64;  W.Va.  VI  39.) 
Legislature  to  provide  as  far  as  practicable  by  general  laws  for 
all   matters   usually   appertaining  *to   special   or   private   legis- 
lation.    (Me.  IV  Sec.  Ill  13.) 
Legislature  to  pass  general  laws  under  which  local  and  private 

interests  provided  for  and  protected.      (Ala.  IV  109.) 
Prohibition  on  passage  of  local  or  special  laws  not  to  prohibit 
legislature   from   enacting   special  provisions   in   general   laws. 

(S.C.  Ill  34.) 

Uniformity  of  Operation 

All  laws  of  general  nature  to  have  uniform  operation.  (Cal.  I 
11;  Ga.  I  Sec.  IV  1;  Ind.  IV  23;  Iowa  I  6,  III  30;  Kan.  II 
17;   Minn.  IV  34;  Nev.  IV  21;   N.D.  I  11;   Ohio  II  26;  Okla. 

V  59;   Utah  I   24;    Wyo.  I  34.) 

Exemption  from 

Individual,  private  corporation,  or  association  not  to  be  exempted 
from  operation  of  any  general  law.     (Ala.  IV  108;  Va.  IV  64.) 
Exempting   individual,   private   corporation   or   association    from 
operations  of  general  law  by  local,  private  or  special  law  pro- 
hibited.     (Ala.  IV  104.) 
No  special   or  local   law   to  be  enacted  indirectly  by  exempting 
from    operation   of   general   act   in   city   or   town,   district   or 

county.     (Ky.  60.) 
No  man  or  set  of  men  ever  to  be  exempted,  relieved  or  discharged 
by   special   law   from   performance  of   public   duties   or   service 
imposed  by  general  law;   exemptions  to  be  made  only  by  gen- 
eral law.      (Tex.  XVI  43.) 
No  person  to  be  exempted  from  civil  duty  by   local,  private  or 
special  law.     (Ala.  IV  104;  Miss.  IV  90.) 
Suspension,  See  leloio,  this  title,  Suspension. 
Impairing  Obligations  of  Contracts,  See  Contracts. 
Legislation  by  Reference,  See  Legislative  Procedure —  Form  of  Bills. 
Local  or  Private  Laws,  See  Special  or  Local  Laws. 
Public  Laws,  Statutes  to  Be 

Unless  otherwise  declared  in  statute  itself.      (Del.  II  23;   Ind.  IV  27: 

Ore.  IV  27;  S.C.  VI  4.) 


STAT]      I  loNSTEPUTIONS 


LAWS 

Bl  [(  Al  ! 

In  General 

ture  to  provide  for.     (Colo.  Will  8.) 
To  be  officially  published*     (Utah  \'l  2.").) 

iture  to  provide  for  publication  of  all  additions  and  altera- 
to  code  of  taws,     i  Md.  Ill  2!).) 
Legislature  to  provide  for  speedy  publication  of  all  statute  laws. 

(Kan.  II  19;  Wis.  VII  21.) 

Lture  to  provide  for  speedy  publication  and  distribution  of 

all  laws  enacted.      I  I 'la.  XVI  6.) 

All   public   acts   to   be   printed   and   published   immediately   after 

each  adjournment  or  prorogation  of  legislature.      (N.H.  II  23.) 

slature  to  provide  for  speedy  publication  of  all  statutes;  to 

ire.-   for   publication  by   any  person.      (N.Y.  VI  21.) 

To  provide  for  speedy  publication  of  all  statute  laws  of  general 

nature;    all    laws    to   be    free    for    publication    by    any    person. 

(Nev.  XV  8.) 
To   be    published   in  book    form   within   60   days    after    final    ad- 
journment of  session  at  which  passed  and  distributed  as  pre- 
scribed  by  law;  all  laws  to  be  free  for  publication  by  any  per- 
son.    (Mich.  IV  39.) 
To  be    published   in   book   form   within   60   days   after   adjourn- 
ment  of  each   session  and  distributed  among  counties  in  such 
manner  as  legislature  may  provide.      (Xebr.  Ill  24.) 
Ever}   law  to  be  recorded  in  office  of  court  of  appeals  and  in  due 
time    printed,    published    and    certified    under    great    seal    in 

several  courts.     (Md.  Ill  30.) 
Governor  to  lake  care  that  laws  are  distributed.      (Mo.  V  6.) 
\-  prerequisite  to  hiking  effect  of  act.  See  Legislative  Procedure 

—  Time  When  Act  Takes  Effect. 
Language 

All   laws  of  stale  to  be  preserved  ami  published  in  English  lan- 
guage only.      (111.  Sched.  18.) 
To  be  promulgated  and   preserved   in  English  language.      (Mich. 

XVI  6.) 
To  be  published  and  preserved  in  no  other  than  English  language. 

(Cal.  IV  24.) 

lo  be  promulgated  and  preserved  in  the  English  language;   but 

legislature  may  provide  for  publication  in  French.      (La.  165.) 

Laws  to  be  published  in  both  English  and  Spanish  for  first  20 

ear-  after  constitution  takes  effect;   thereafter  publication  to 

ade  as  provided  by  legislature.      (N.M.  XX  12.) 

Statement  of  Receipts  and  Expenditures  to  Be  Attached 

;l1''  statemeni  of  receipts  and  expenditures  of  public  money 

d    to   and    published   with   laws   passed   at   every 

egular  session  of  legislature.     (Gal.  IV  22;  Fla,  III  19;  Ind. 

,;    '"'•'    HI    18;    Ml.   Ml    32;   Mich.  X  17;  Nev.  IV  19;  Ore. 

IX  5;  Tenn.  II  24.) 


Index  Digest  82^ 


LAWS   (Cont'd) 

Publication    (Cont'd) 

Statement  of  Receipts  and  Expenditures  to  Be  Attached   (Cont'd) 
Accurate  statement  of  receipts  and  expenditures  of  public  money 
to  be  published  with   laws  of  each   regular  session    in    manner 
directed  by  law.      (S.C.  X  S.) 
Treasurer  to  publish   in  each   volume  of  acts  of  legislature  de- 
tailed statements  of  receipts  and  expenditures,     i  Minn.  IX   11.) 
Constitution  to  Be  Attached,  Sec  Constitution  of  State. 
Repeal 

For  method,  See  Legislative  Procedure  —  Form  of  Bills  —  Repeal 

of  Acts. 
Not  to  affect  any  accrued  right,  or  penalty  incurred,  or  proceedings 

begun  by  virtue  of  such  repealed  statute.      (Okla.  V  f>4.) 
No  person  to  be  exempt  from  prosecution  and  punishment  for  crime 
or    offense   against   any    law    by   reason   of   its   subsequent    repeal. 

(N.M.  IV  33.) 
Repeal  of  criminal  statute  not  to  affect  prosecution  or  punishment  of 

crime  committed  before  repeal.      (Fla.  Ill  32.) 
Repeal  of  statute  not  to  revive  statute  previously   repealed   by  such 

statute.     (Okla.  V  54.) 
No  resolution  to  have  effect  of  repealing  any  law.      I  Mo.  V  14.) 
Any  general  law  subject  to  repeal.      (Va.  IV  64.) 
Retroactive  Laws,  See  Retrospective  Laws. 
Revision  and  Digest 

For  revision  by  reference  to  title  only,  Sec  Legislative  Procedure  — 

Fohm  of  Rills. 
For  passage  of  bills  revising  laics  or  adopting  code,  Sec  LEGISLATIVE 

Procedure  —  Passage  of  Bills. 
No  general  revision  of  laws  to  be  made;   legislature  to   provide  for 
compilation  of  laws,  arranged  without  alteration  under  appropriate 
heads  and  titles;   to  be  prepared  under  direction  of  commissioner 
appointed  by  governor   who   may   recommend  to    legislature  repeal 
of  obsolete  laws  and  shall  examine   the  compilations  and   certify 
to  correctness;  when  so  certified  compilation  to  be  printed  as  pre- 
scribed by  law.      (Mich.  IV  40.) 
Laws,  civil  and  criminal,  to  be  revised,  digested,  arranged,  published 
and  promulgated  at  such  times  and  in  such  manner  as  legislature 

may  direct.     (Ark.  XIX  17.) 
Legislature    to    provide    for    revising,    digesting,    and    promulgating 

statutes  of  state  every  10  years,      (Okla.  V  43.) 
Legislature  to  provide   for  revision,  digest  and    publication   of  laws 

civil  and  criminal  every  10  years.  (Tex.  Ill  43.) 
Statute  law  of  general  nature,  both  civil  and  criminal,  to  be  revised, 
digested  and  promulgated  every  10  years  in  such  manner  an 
legislature  may  direct.  (Mo.  IV  41.) 
Legislature  to  provide  for  appointment  of  commissioner  to  collect 
and  revise  statute  laws,  to  index  and  arrange  statutes  when  passed, 
and  to  codify  the  general  statutes.  Commissioner  *to  report  to 
legislature  at  end  of  every  period  of  not  more  than  10  years; 
report  to  be  printed  and  copy  given  to  each  member  but  not  to  be 


State  Constitutions 


LAW-  I'd) 

\mi  Digest   [Cont'd) 

I    until    inM    session'^     Code  to  be   declared,   by   act  duly 
to  be  only  general  statute  law;   but  no  alterations  or  ad- 
dition- thereto  to  be  made  except  by  hill  duly  passed.     (S.C.  VI  5.) 
hire    t"    provide    for    revising,    digesting    and    promulgating 
public  statutes  of  general  nature,  both  civil  and  criminal,  every 

12  years.      (Ala.  IV  85.) 
Ki:\  [VAX 

\tivi:   Pbocedube  —  Form  of  Bills. 
Adoption  of  constitution  not  to  have  effect  or  to  be  construed  to 
revive  or  put   in   force  any  law  heretofore  abrogated  or  repealed. 

(Miss.  Sched.  285.) 
>w<  riNAKY    Laws,  See  Crimes  —  Punishment. 
Special  Laws,  See  Special  or  Local  Laws. 

St  bject,  to  Contain  One  Only,  ,S'cc  Legislative  Procedure  —  Form  oh 

Bills  —  One  Subject  Only. 

H   N-ION 

For  ausixnsinn  of  execution  of  laws,  aS'cc  Executive  Power. 
By  What  Authority 

No   ] lower   of   suspending  to  be  exercised   except  by  legislature. 

(Ala.  I  21;   Ark.  II  12;   Ohio  I  18;  Tex.  I  28.) 
Power  of  suspending  to  be  exercised  only  by  legislature  or  by 
its  authority.     (Ky.  15;  La.  1GS;  Me.  I  13;  Pa.  I  12;  S.D.  VI 

21.) 

Power  of  suspending  to  be  exercised  only  by  legislature  or  by  its 

authority    in    particular    cases    expressly    provided    for    by    it. 

(S.C.  I  13.) 
Power  of  suspending  ought  never  to  be  exercised  but  by  legisi- 
lature  or  authority  derived  therefrom,  to  be  exercised  only 
a-  legislature  expressly  provides.  (Mass.  I  20;  N.H.  I  29.) 
Power  of  suspending  ought  never  to  be  exercised  hut  by  legis- 
lature or  by  authority  derived  from  it,  to  be  exercised  in 
such    particular  cases  as   constitution   or   legislature   provides. 

(Vt.  I  15.) 
No  jiouer  of  suspending,  unless  by  or  derived  from  legislature, 

ought   to  lie  exercised  or  allowed.      (Md.  D.R.  9.) 
Power   of   suspending  not   to  be   exercised   but  by   authority   of 

legislature.     (Del.  I  10.) 
Operation   of  laws  not  to  be  suspended  except  by  authority  of 

legislature.     (Ind.  I  20;  Ore.  I  22.) 
Power  of  suspending  by  any  authority  ought  never  to  be  exer- 
cised  without  eonsent  of  representatives  of  people.     (Va.  I  7.) 
suspending  laws  by  any  authority,  without  consent  of 
"  ;  itives    of    people,    is    injurious    to    their    rights    and 

OUghl   not  to  be  exercised.      (N.C.  I  9.) 
For  Benefit  of  Individual 

.egislature  to  have  no  power  to  suspend  general  law  for  benefit 

,  of  individual.      (Tenn.  XI  8.) 

Operation    of   general    law   not   to   be   suspended   for   benefit    of 

individual,  private  corporation  or  association.     (Ala.  IV  108; 

Miss.  IV  87;  Va.  IV  64.) 


Index  Digest  820 


/LAWS   (Cont'd) 

Taking  Effect  of 

Time,    See    "Legislative    Procedure -*■  Time    When    A.  t    Takes 
Effect  ";     "Legislative    Procedure — Emer6enct     Measures". 
Upon  What  Authority  Depending 

No  law,  except  in  specified  cases,  to  be  enacted  to  take  effect 
upon     approval     of     any     other     authority    than     legislature. 

(Ky.   GO.) 

No  law,  except  as  such  aa  relates  to  public  schools,  to  be  passed 

to    take    effect   upon    approval    of    any    other    authority    than 

legislature,    except    as    otherwise    provided    in    constitution. 

(Ohio  II  2G.) 

No   law   to   be   passed,   taking   effect   of   which  made  to   depend 

upon  any  authority  except  as  provided  in  constitution.     (Ind. 

I  2.").) 

Same;  but  laws  locating  capital  of  state,  locating  county  seats, 

and  submitting  town  and  corporate  acts,  and  other  local  and 

special   laws,    may   take   effect   on   vote    of   electors    interested. 

(Ore.  I  21.) 
Local  laws  for  inspection  of  cattle,  stock  and  hides  and  for  regu- 
lation   of    brands    to    be    submitted    to    freeholders    of    section 
affected  and  approved  by  them  before  going  into  effect.      (Tex. 

XVI  23.) 

Local  or  special  act  not  to  take  effect  until  approved  by  majority 

of  electors  voting  thereon  in   district  to  be  affected.      (Mich. 

V  30.) 
As  to  ratification  of  banking  law  by  people,  See  Banks  —  Laws. 
Title,  See  Legislative  Procedure  —  Title. 
Uncon  stitution  ality 

See  Constitution  of  United  States. 

See  Constitution  of  State  —  Unconstitutionality  of  Laws. 

LEGISLATIVE   PROCEDURE 

Acts  to   Contain  One  Subject  Only,  See   below,   this   title,   Form  of 

Bills. 
Amendment  of  Acts 

For  method  of  amendment,  See  below,  this  title,  Form  of  Bills. 
Initiative  and  Referendum,  See  Initiative  and  Referendum. 
Joint  Resolutions,  See  below,  this  title,  Joint  Resolutions. 
Legislation  by  Reference,  See  below,  this  title,  Form  of  Bills. 
Local  Laws,  See  Special  or  Local  Laws. 
Orders,  See  below,  this  title,  Joint  Resolutions. 
Private  Laws,  See  Special  or  Local  Laws. 
Repeal  of  Acts 

For  the  method  of  repeal,  See  below,  this  title,  Form  OF  BILLS. 
Revival  of  Acts,  See  below,  this  title,   Form  of  Hills. 
Revision  of  Acts 

For  the  method  of  revision.  See  below,  this  title,  Form  of  Hills. 
Special  Laws,  See  Special  or  Local  Laws. 
Impeachment,  See  Impeachment. 


State  Constitutions 


LEGISLATIVE   PROCEDURE    (Cont'd) 
i    OF   Laws 

Enacted  by  bill  only.      (Ala.  IV  61;   Ark.  V  21;   Cal.  IV   15; 

\    17;  Ida.  Ill   15;  Ind.  LV  1;  Kan.  II  20;  Mich.  V  19;  Miss. 

IV  60;  Mont.  V  19;  Mo.  IV  25;  Nebr.  Ill  10;  Nev.  IV  23;  N.M.  IV 

15-  .\  V    HI   14;  Pa.  Ill  1;  Tex.  Ill  30;  Va.  IV  50;  Wash.  II  18; 

Wis.  IV  17;  Wyo.  Ill  20.) 
All  laws  to  be  passed  by  original  bill.     (Md.  Ill  29.) 
No  law   t"  be  passed  except  by  bill  adopted  by  both  houses.     (N.D. 

II  5S.) 
incurrence  of  both  houses  necessary  in.     (K.I.  IV  2.) 

ORl'.IN    OF    I'M!  s 

In  General 

May  originate  in  either  house.  (Cal.  IV  17;  Fla.  Ill  14;  Ida. 
HI  14;  111.  IV  12;  Ind.  IV  17;  Iowa  III  15;  Kan.  II  12; 
Md.  Ill  27;  Mich.  V  19;  Miss.  IV  59;  Mo.  IV  26;  Nebr. 
HI  9;  Nev.  IV  1(3;  X.M.  IV  15;  N.Y.  Ill  13;  N.D.  II  57;  Ohio 
II  15;  n,e.  IV  IS;  S.C.  Ill  15;  S.D.  Ill  20;  Tenn.  II  17; 
Tex.  Ill  .".1:  Wash.  II  20;  W.Va.  VI  2S;  Wis.  IV  19.) 
Bills,  orders  or  resolutions  may  originate  in  either  house.      (Me. 

IV  Pt.  Ill  9.) 
Appropriating  Money 

To  originate  only  in  lower  house.      (Nebr.  Ill  9.) 

In  lower  house,  but  senate  may  propose  or  concur  in  amendments 

as  on  other  bills.      (Ga.  Ill  Sec.  VII   10.) 
For  Raising  Revenue 

To  originate  in   lower   house.      (Ida.  Ill    14;    Ind.   IV   17;    Ore. 

IV  18.) 
To   originate    in    lower   house,   but   may   be    altered,    amended   or 

rejected  by  senate.      (S.C.  Ill  15;  Tex.  Ill  33.) 
To  originate  in  lower  house,  but  senate  may  propose  amendments. 

(Ala.   IV  70;   (dlo.  V  31;   Del.  VIII  2;   Ga.  Ill  Sec.  VII   10; 

La.  37;   Minn.  IV  10;  Mont.  V  32;  N.J.  IV  Sec.  VI  1;  Okla.  V 

33;    Pa.  Ill    14;   Vt.  II  6;   Wyo.  Ill  33.) 
Same;   no  new  matter  to  be  introduced,  under  color  of  amend- 

mI.  which  does  not  relate  to  raising  revenue.      (Ky.  47.) 

All    money    bills    to    originate    in    lower    house,   hut    senate    may 

propose   or   concur   with   amendments.      (Mass.    Pt.    II    Ch.    1 

Sec.  Ill  7;  N.H.  II  17.) 
1  n  raoDUi  i  iok  of  Bells 

Action  to  Be  Taken  at  Same  Session 

No  Kill  to  he  acted  upon  at  any  session  unless  introduced  at  such 

session.  (N.M.  IV  19.) 
Entering  on  Journal 

Bills  and  joint    resolutions  to  be  described  by  title  and  number. 

-.    ..    ..  _.  .  (W.Va.  VI  41.) 

Limitation  on  Time  of 

No  new  hill  to  he  introduced  into  either  house  during  last  three 
days  of  session.      (Ark.  V  34;   Miss.  IV  07.) 

No!  to  be  introduced  in  either  house  40  days  after  commence- 
""  "'  "'  each  Bession  without  consent  of  three-fourths  of  mem- 
bers thereof.     (Cal.  IV  2.) 


Index  Digest  •  831 


LEGISLATIVE  PROCEDURE     (Cont'd) 
Introdvctiox  of  Bills    (Cont'd) 
Limitation  on  Time  of    (Cont'd) 

No  bill  to  be  passed  unless  presented,  referred  to  committee,  and 
reported  therefrom   at    least   three   days  before    final    adjourn- 
ment.     (Tex.  Ill    :<7.) 
Not  to  originate  in  either  house  during  Last   10  days  of  session, 
unless   two-thirds   of  members   elected   thereto   so  determine   l>\ 

yeas  and  nays.      (  Md.  Ill   27.) 

Not  to  be  considered  in  either  house  unless   introduced   at   least 

10  days  before  final  adjournment,  unless  legislature  otherwise 

direct  by  vote  of  two-thirds  of  all  members  by  yeas  and  nays 

and  entered  upon  journal  or  unless  same  be  at  a  special  session. 

(Wash.  II  .SO.) 
No  new  bill  to  be  introduced  in  either  house,  except  on  written 
request  of  governor,  during  last  20  days  of  session,  except 
attention  of  legislature  be  called  to  important  matter  of  gen- 
eral interest  by  special  message  of  governor.  (Minn.  IV  I.) 
After  expiration  of  20  days  of  session  no  bills,  nor  joint 
resolutions  of  nature  of  bills,  to  be  introduced  unless  governor 
by  special  message  calls  attention  to  necessity  of  passing  a 
law  on  subject  matter  embraced  in  message;  introduction  of 
bills  to  be  restricted  thereto,  provided  that  general  appropria- 
tion bills  may  be  introduced  up  to  and  including  fortieth  day. 

(Nebr.  Ill  4.) 
No  bill    (except  general  appropriation  bills  for  expenses  of  gov- 
ernment'),   introduced    in    either    house    after    first    30    daw 
in  session,  to  become  law.      (Colo.  V  10.) 
No  appropriation  bill,  except  for  expenses  of  government,  to  be 
introduced  within  10  days  of  close  of  session  except   by  unani- 
mous consent  of  house.      (Mont.  V  21.) 
No  bill  for  appropriation  of  money,  except  for  expenses  of  gov- 
ernment, to  be  introduced  after  fortieth  day  of  session,  except 
by  unanimous  consent  of  house.      (  X.I).  II  60.) 
No    bill    for    appropriation    of    money,    except    for    expenses    of 
government,  to  be  introduced  within   live  days  of  close  of  the 
session,  except  by  unanimous  consent  of  the  particular  house. 

(Wyo.  IN  22.) 
No  bill  for  appropriation  of  money,  except  for  current  expenses 
of  government  and  no  bill  for  the  increase  of  compensation  of 
any  office  or  for  the  creation  of  any  lucrative  office,  to  be 
introduced  after  the  tenth  day  prior  to  the  expiration  of  sea 
sion,    except    by    unanimous    consent    of    the    particular    house. 

(X.M.    IV   19.) 

Rejected  Bills 

For  introduction  of  rejected  ordinances  or  resolutions,  See  below, 

tli is  title,  Joint  Resolutions. 
If    defeated   by    either    house,    no    bill    containing    same    substance 
to  be  passed  during  same  session.      (Tenn.   II   19;  Tex.  Ill   .'54.) 


Si  a  no  Constitutions 


LEGISLATIVE  PROCEDURE    (Cont'd) 
l.s  rsoDUi  noK  of  Bills    I  Cont'd) 
Rejected  Bills    (Cont'd) 

So  bill,  if  rejected  by  cither  house,  to  he  again  proposed  in  same 
house  during  same  session  under  same  or  any  other  title  with- 
out consent  of  majority  of  house  by  which  rejected.  (La.  38.) 
No  bill,  if  rejected  in  either  house,  to  be  again  proposed  during 
same  session  under  same  or  any  other  title  without  consent 
of  two-thirds  of  house  by  which  rejected.  (Ga.  Ill  Sec.  VII  13.) 

Enacting  Cj  u  sb 

Form 

For  measures   under  initiative  and  referendum,  See  Initiative 

and  Referendum. 
Be  it   enacted   by  the  state  of.      (Ariz.  IV  24.) 
Be  it  enacted  by  the  people  of  the  state  of.     (Nebr.  Ill  10;  Okla. 

V  3;  Ore.  IV  1.) 
The  people  of  the  state  of  enact.      (Mich.    V   20.) 

The  people  of  the  state  of  do  enact  as  follows.      (Cal. 

IV  1.) 

Be  it   enacted  by  the  legislature  of.      (Ala.  IV  45;  W.Va.  VI  1.) 

Be  it  enacted  by  the  general  assembly  of.     (Md.  Ill  29.) 

Be  it  enacted  by  the  legislature  of  the  state  of.      (Fla.  Ill  15; 

Ida.  Ill   1;  Kan.  II  20;  Minn.  IV  13;  Miss.  IV  56;  N.M.  IV 

l.V.    S.D.    Ill   18;    Tex.   Ill   29;    Utah   VI   22;    Wash.   II    18; 

Wyo.  Ill  21.) 

Be   it   enacted  by  the  general  assembly  of  the  state  of.      (Ark. 

V    19;    Colo.  V   18;    Ind.  IV   1;    Iowa  III    1;    La.  22;    Mo.   IV 

24;  Ohio  II  IS;   S.  C.  Ill  16;  Tenn.  II  20.) 

Be  it  enacted  by  the  general  assembly  of  the  commonwealth  of. 

(Ky.  62.) 
It  is  enacted  by  the  general  assembly  as  follows.  (R.I.  IV  2.) 
The  general  assembly  of  do  enact.     (N.C.  II  21.) 

It    is   hereby   enacted  by   the  general   assembly  of  the  state  of. 

(Vt.  II  10.) 
Be  it  enacted  by  the  legislative  assembly  of  the  state  of.     (Mont. 

V  20;  N.D.  II  59.) 
Be  it  enacted  by  the  senate  and  general  assembly  of  the  state  of. 

(N.J.  IV  Sec.  VII  5.) 
Be    it    enacted    by   the   senate   and   house   of   representatives   in 

legislature  assembled.     (Me.  IV  Pt.  I  1.) 
Be  it   enacted  by  senate  and  house  of  representatives  in  general 
couii    convened.       (N.ll.   II  91.) 

he   people  of  the  state  of  ,  represented  in   senate  and 

Jembly,    do   enact    as    follows.      (Nev.   IV   23;    N.Y.   Ill    14; 

Wis.  IV  17.) 
ii acted  by  the  senate  and  house  of  representatives  in 
al   court    assembled,   and  by  the   authority   of  the  same. 

(Mass.  Pt.  II  Ch.  VI  8.) 
enacted  by  the  people  of  the  state  of  ,  represented 

in  the  genera]  assembly.     (III.  IV  11.) 


Index  Digest  833 


LEGISLATIVE  PROCEDURE    {Cont'd) 
Enacting   Clause    (Cont'd) 
Need  Not  Be  Repeated 

But  act  may  be  divided  into  sections  according  to  substance,  and 
section  designated  merely  by  figures.      (Ala.  IV  45.) 
Form  of  Bills 

Amendment  of  Acts 

For  the  amendment   of  bills,  See  below,   this   title,   AMENDMENT 

of  Bills. 
Effect  of,  See  Laws. 
Amending   Code 

In  amending  article  or  section  of  code  of   laws,  same  to  be 
enacted   as  article  or   section    would   read   when    amended. 

(Md.  Ill  29.) 
In  General 

No  law  to  be  amended  unless  new  aci  contain  section  or 
sections  amended;  section  or  sections  so  amended  to  be 
repealed.  (Kan.  \l  10;  Nebr.  HI  11;  Ohio  II  10.) 
Not  to  be  amended  by  providing  that  designated  words  be 
stricken  out  or  be  inserted,  or  be  stricken  out  and  others 
inserted  in  lieu  thereof;  but  words  to  be  stricken  out,  or 
to  be  inserted,  or  to  be  stricken  out  and  others  to  be  in- 
serted in  lieu  thereof,  together  with  act  or  section  to  be 
amended,  to  be  set  forth  in  full  as  amended.  (Mo.  IV  34.) 
Act  to  recite  in  caption  or  otherwise  title  or  substance  of 

law  amended.      (Tenn.  II  17.) 
By  Reference  to  Title  Only 
Prohibited.     (Md.  Ill  29.) 

Prohibited;  section  amended  to  be  inserted  at  large.      (Ariz. 
IV  14;  111.  IV  13;  Miss.  IV  61;  N.J.  IV  Sec.  VII  4;  W.Va. 

VI  30.) 
Prohibited;    so  much   as   is   amended   to   be   re-enacted   and 
published  at  length.      (Ala.  IV  45;  Ark.  V  23;  Colo.  V  24; 
La.  32;   Okla.  V  57;   Pa.  Ill  6;  Tex.  Ill  36;  Va.  IV  52.) 
Prohibited;    so   much   as   is   revised   or    amended   to   be   re- 
enacted  and  published  at  length.      (Ida.  Ill   18;    Ky.  50; 
Mont.  V  25;  N.M.  IV  IS;  N.D.  II  64;   Wyo.  Ill  26.) 
Prohibited;   act  revised  or  section  amended  to  be  set  forth 

at  full  length.      (Ore.  IV  22;  Wash.  II  37.) 
Prohibited;    act   as   revised,   or    section    as   amended,   to   be 
re-enacted   and    published   at   length.      (Cal.   IV   24;    Fla. 
Ill    16;    Iiid.    IV   21;    Mich.    IV   21;    New    IV    17;    Utah 

VI.  22.) 

No  law  or  section  of  code  to  be  amended  by  mere  reference 

to  title  or  to  number  or  section  of  code;   amending  act  to 

describe  distinctly  law  amended  as  well  as  alteration  to  be 

made.      (Ga.   Ill   See.   VII   17.) 

o~ 


State  Constitutions 


LEGISLATIVE  PROCEDURE    (Cont'd) 
m    in    Hills    (Cont'd) 
Arrangement 

Everv  public  general  law  to  be  enacted  in  articles  and  sections  in 

:ne  manner  as  code  is  arranged.      (Md.  Ill  29.) 
Stj  le  of  laws  need  not  be  repeated,  but  act  may  be  divided  into 
sections  according  to  substance,  and  sections  designated  merely 

by  figures.      (Ala.  IV  45.) 

Enacting  Clause,  See  above,  this  title,  Enacting  Clause. 
General  Laws,  No  Special  Provisions  in 

Not  to  embrace  any  provision  of  private,  special  or  local  char 

acter.      (N.J.  IV  Sec.  VII  4.) 

Legislation  by  Reference 
In  General 

Act  or  part  of  act  incorporated  or  referred  to  as  applicable, 
to  be  inserted  at  length.      (N.J.  IV  Sec.  VII  4.) 

Act  or  part  of  act  incorporated  or  referred  to  as  applicable, 
to  be  inserted,  except  in  case  of  bill,  or  amendments  to 
bill,  reported  to  legislature  by  commissioners  appointed 
to  revise  statutes.      (N.Y.  Ill  17.) 

Not  to  adopt  any  system  or  code  of  laws  by  general  refer- 
ence thereto,  but  to  recite  at  length  the  several  provisions 
of  the  laws  it  may  enact.      (La.  33.) 

By  Reference  to  Title  Only 

Provision  of  law  not  to  be  thus  extended;  each  section  ex- 
tended to  be  set  out  in  full.     (N.M.  IV  18.) 

Provisions  of  act  not  to  be  thus  extended;  so  much  as  is 
extended  to  be  re-enacted  and  published  at  length.  (Ark. 
V  23;   Mont.  V  25;   Wyo.  Ill  26.) 

Provisions  of  act  not  to  be  thus  extended  or  conferred;  so 
much  as  is  extended  or  conferred  to  be  re-enacted  and 
published  at  length.      (Ala.  IV  45;   Colo.  V  24;   Ky.  51; 

Okla.  V  57;  Pa.  Ill  6.) 

Provisions  of  act  not  to  be  thus  extended  or  incorporated; 
but  so  much  as  is  extended  or  incorporated  to  be  re-enacted 
and  published  at  length.     (N.D.  II  64.) 

One  Subject  Only 

Foi   the  effect  of  a  failure  to  express  subject  in  title,  See  below, 

this  title,  Title. 
Bills  making  appropriations  for  pay  of  members  and  officers  of 

slatwre,  See  Appropriations —  Contents  of  Bills. 
'i'  in  ml  I'ule 

No    bill    embracing   more    than    one    subject   to    be    passed. 

(N.M.  IV  16.) 

Every   law   to   embrace   but   one   subject  to  be  expressed   in 

title.      (Cal.  IV  24;  Ky.  51;  La.  31;  Md.  Ill  29;  Mich.  V 

21;   Minn.  IV  27;  N.J.  IV  Sec.  VII  4;   S.D.  Ill  21;  Va. 

IV  52.) 


Index   Uh.km  83; 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Form  of   Bills    {Cont'd) 

One  Subject   Only    (Cont'd) 

din  nil   It'uh:    (Cont'd) 

Each  act  to  contain  but  one,  subject  to  be  clearly  expressed 
in  title.      (Ala.   IV   45;    111.   IV    Hi;    Nebr.    Ill    11;    Okla. 

\   57;  W'Aa.  VI  30.) 

Each  act  to  embrace  but  one  subject  and  matters   properly 

connected  therewith,  which  subject  to  be  expressed  in  title. 

(Ariz.    IV    13;    Ida.    Ill    1(5;    lnd.    IV    19;     Iowa    HI    29; 

Ore.    1\'  -2.0.) 

Each  law  to  embrace  but  one  subject  and  matters  properly 
connected  therewith,  which  subject  to  be  briefly  expressed 
in  title.      (Fla.  Ill   lti;   Ney.   IV   17.) 

No  bill  to  embrace , more  than  one  subject,  to  be  expressed 
in  title.      (N.D.  II  61;  Tex.  Ill  35;   Wash.  11    19.) 

No  bill  to  contain  more  than  one  subject  to  be  clearly  ex- 
pressed in  title.      (Kan.  II   10;   Mo.  IV  28;   Ohio  II    16.) 

No  bill  or  joint  resolution  to  embrace  more  than  one  sub- 
ject, to  be  expressed  in  title.     (Del.  II  16.) 

Every  act  or  resolution  having  force  of  law  to  relate  to  but 
one    subject,    and    that   to    be   expressed    in    title.       (S.C. 

Ill   17.) 

No  bill  to  be  passed  containing  more  titan  one  subject,  to 
be  clearly  expressed  in  title.  (Colo.  V  21;  Mont.  V  23;  Pa. 
Ill  3;  Utah  VI  23;  Wyo.  Ill  24.) 

No  bill  to  become  law  which  embraces  more  than  one  sub- 
ject, that  subject  to  be  expressed  in  title.     (Tenn.  II  17.) 

No  law  or  ordinance  to  pass  which  refers  to  more  than  one 
subject  matter  or  contains  matter  different  from  what  is 
expressed  in  title  thereof.      (Ca.  Ill  Sec.  VII  8.) 

No  private  or  local  bill  to  embrace  more  than  one  subject, 
to  be  expressed  in  title.      (N.Y.  Ill  16;  Wis.  IV  18.) 

Exceptions 

Bills  appropriating  money  for  public  purposes.    (Del.  II  16.) 

General  revenue  bills.      (Ala.  IV  45;  Okla.  V  57.) 

General    appropriation    bills.      (Colo.    V   21;    Mont.   V   II; 

N.M.  IV  16;   Okla.  V  57;   Pa.  Ill  3;   Utah  VI  23;  Wyo. 

Ill  24.) 
General  appropriation  bills,  which  may  embrace  the  various 

subjects  and  accounts  for  and  on  account  of  which  money 

appropriated.      (Mo.  IV  28;  Tex.  Ill  35.) 
Bills  adopting  or  revising  laws.      (Tex.  Ill  43.) 
Bills  for  codification  and  general  revision  of  laws.      (Mont. 

V  23;  N.M.  IV  16;  Utah  VI  23;  Wyo.  ITI  24.) 
Bills  adopting  code,  digest  or  revision  of  statutes.      (Ala. 

IV  45;  Okla.  V  57.) 
Certain  specified  tax  bills.     (Mo.  IV  28.) 


Stati    <  Sowstitdtions 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Bills    (Cont'd) 
Phraseology 

Every    :U '    "r   joint    resolution   to  be  plainly  worded,   avoiding 
as  far  as  practicable  use  of  technical  terms.      (Ida.  Ill  17; 

Ind.  IV  20;  Ore.  IV  21.) 

Repeal  of  Acts 

For  the  effect  of  repealing,  See  Laws. 

ealing  act    to   recite,    in   caption   or   otherwise,   title  or   sub- 
stance of  law  repealed.      (Tenn.   II   17.) 
No  law  or  section  of  code  to  be  repealed  by  mere  reference  to 
title   and    to   number   and   section    of   code;    repealing   act   to 
describe  distinctly  law  repealed.     (Ga.  Ill  Sec.  VII  17.) 

Revision  of  Acts  by  Reference  to  Title  Only 

Prohibited;    aci    as   revised    to   be   re-enacted   and   published   at- 
length.      (Gail-.  IV  24  ;  Fla.  Ill  16;  Ind.  IV  21;  Mich.  IV  21; 

Nev.  IV  17;   Utah  VI  22.) 
Prohibited;  act   revised  to  be  set  forth  at  full  length.      (Ore.  IV 

22;  Wash.  II  37.) 

Prohibited;  so  much  as  is  revised  to  be  re-enacted  and  published 

at    length.      (Ida.  Ill   18;   Ky.  51;    Mont.  V  25;   N.M.  IV   18; 

X.D.  II  64;  Wyo.  Ill  26.) 
Revival  of  Acts 
In    General 

Act  to  recite  in  caption  or  otherwise  title  or  substance  of 

law  revived.     (Tenn.  II  17.) 
.     No   law   to   be   revived   unless   new   act   contains   entire   act 
revived.      (Kan.  II  16;  Ohio  II  16.) 

General  Revision  of  Laws 

In   adopting   general   revision   of   laws,   civil   and   criminal, 
prohibition    against    reviving   by    section    or   title   is   not 

applicable.      (Tex.  Ill  43.) 
By  Reference  to  Title  Only 

No  law  nor  section  of  law  to  be  thus  revived.     (Md.  Ill  29.) 
Prohibited;   law  revived  to  be  inserted  at   large.      (111.  IV 

13;  N.J.  IV  Sec.  VII  4;  W.Va.  VI  30.) 
Prohibited;  so  much  as  is  revived  to  be  re-enacted  and  pub- 
lished at  length.      (Ala.  IV  45;   Ark.  V  23;   Colo.  V  24; 
La.  32;  Miss.  IV  61;  Okla.  V  57;  Pa.  Ill  6;  Tex.  Ill  36; 

Va.  IV  52.) 
No  act  to  be  thus  revived  or  re-enacted,  but  to  be  set  forth 
at  length  as  if  an  original  act.     (Mo.  IV  33.) 
Title,  See  below,  this  title,  Title. 
Im 

Approval  of 

Committee,  to  which  bill  referred,  to  express  in  writing  its 
judgmenl  of  sufficiency  of  title,  whether  recommendation 
be  thai   bill  pass  or  do  not  pass.      (Miss.   IV  71.) 


Index  Digest  837 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Title   (Cont'd) 

Rights  or  Powers  not  Granted  by 

No  law  to  be  construed  by  reason  of  its  title  to  grant  powers  or 
confer  rights  not  expressly  contained  in  body  of  act.     (Md.  Ill 

29.) 
To  Express  Subject  of  Bill 
General  Rule 

See  also  above,  this  title,  Form  of  Bills  —  One  Subject 

Only. 
Subject  to  be  clearly  expressed  in.      (N.M.  TV  16.) 
Every  bill  to  have  title  which  "  ought  to  indicate  clearly  " 
subject  matter  or  matters  of  proposed  legislation.     (Miss. 

IV  71.) 
Exceptions 

General    appropriation   bills,    and    for   the   codification   and 

general  revision  of  laws.      (Utah  VI  23.) 
General  appropriation  bills,  general  revenue  bills,  and  bills 
adopting   a   code,   digest,   or   revision   of   statutes.      (Ala. 

Tw'i'J-  t  z»   i  IV  45;    01da-   V  57-) 

Violation  of  Rule 

If  subject  embraced  in  act  which  is  not  expressed  in  title, 

act   to   be   void    only   as   to   so   much   thereof    as   is   not 

expressed  in  title.      (Ariz.  IV  13;  Cal.  IV  24;  Colo.  V  21; 

Ida.  Ill   16;   111.  IV  13;   Ind.  IV  19;  Iowa  III  29;  Mont. 

V  23;  N.M.  IV  16;  N.D.  II  61;  Okla.  V  57;  Ore.  IV  20; 

Tex.  Ill  35;   W.Va.  VI  30;   Wyo.  Ill  24.) 

Amendment  of  Bills 

Amendment  of  Acts,  See  above,  this  title,  Form  op  Bills. 

Allowed  by  House  Other  Than  House  of  Origin 

House  in  which  bill   did  not  originate  may  amend   or   reject. 

(Cal.    IV    17;    Ida.    Ill    14;    111.    IV    12;    Ind.    IV    17;    Iowa 

III  15;    Kan.   II    12;    Me.   IV   Pt.   Ill   9;    Md.   Ill   27;    Miss. 

IV  59;    Mo.   IV   26;    Ohio   II    15;    Ore.   IV   18;    S.C.   Ill   15; 
Tenn.  II   17;   W.Va.  VI  28.) 

Bill  to  be  approved  or  reviewed  by  house  in  which  it  did  not 
originate,  or  may  be  amended  by  either  with  concurrence  of 

other.     (Va.  IV  50.) 
After  passage  in  one  house,  bill  may  be  amended  in  other.     (Fla. 
Ill   14;   Nebr.  Ill  9;   Nev.  IV   16;   N.Y.  Ill  10;  N.D.  II  57; 
S.D.  Ill  20;  Tex.  Ill  31;  Wis.  IV  19;   Wash.  II  20.) 
Bills  of  Revenue,  See  above,  this  title,  Origin  of  Bills. 
Change  of  Original  Purpose 

No  bill  to  be  so  altered  or  amended  on  passage  through  either 
house  as  to  change  original  purpose.  (Ala.  IV  61;  Ark.  V 
21;  Colo.  V  17;  Mich.  V  22;  Miss.  IV  60;  Mo.  IV  25;  Mont. 

V  19;  N.M.  IV  15;  N.D.  II  58;  Pa.  Ill  1;  Tex.  Ill  30;  Wyo. 

Ill  20.) 
No  amendment  to  be  allowed  which  changes  scope  or  object  of 

bill.     (Wash.  II  38.) 


StaTi    Constitutions 


LEGISLATIVE  PROCEDURE    [Cont'd) 

x.  3       I'onfd) 

Affirmative  Vote  Required 

,rity  oi  hous  Ala.  IV  64.) 

Entering  Amendment  and  Vote  on  Journal 

Amendment   and  names  of   those  voting  for   and   against  to  be 
entered    at    length    on    journal    of    house    in    which    same    is 

adopted.      (Ala.  IV  64.) 

Concurrence  in  by  Other  House 

Bill  mav  be  amended  by  either  house  with  concurrence  of 

other.     (Va.  IV  50.) 

Manner  of  Voting 

By  yeas  and  nays.     (Ala.  IV  64;  Colo.  V  23;  La.  40;  Miss. 
IV  62;   Mo.  IV  32;  Pa.  Ill  5;  Va.  IV  50;  W.Va.  VI  31.) 

■motive  Vote  Required 

■  rity   of  members.      (La.   40;    Miss.   IV  62.) 
Majority  of  members  elected  thereto.      (Colo.  V  23;  Mo.  IV 

32;   Pa.  Ill  5.) 
Majority    of    all    members    to    which    such    house    entitled. 

(W.Va.  VI  31.) 
Majority  of  those  voting,  which  must  include  at  least  two- 
fifths  of  members  elected.      (Va.  IV  50.) 

Entering  Vote  on  Journal 

-lit   to  be  entered.      (W.Va.   VI    31.) 
Name-  of  those  voting  to  be  recorded.      (Colo.  V  23.) 
Xames  of  members  voting  for  and  against  to  be  recorded, 
i  Ala.  IV  64;  La.  40;  Miss.  IV  62;  Mo.  IV  32;  Pa.  Ill  5; 

Va.  IV  50.) 

Printing  of  Amendments 

For  the  printing  of  -       below,  th is  title,  Printing  of  Bills. 

To  be  printed  for  use  of  members  before  final  vote  taken  on  bill. 

(Pa.  Ill  4.) 
All   substantial  amendments  to  be  printed  for  use  of  members 

final  vote  taken  on  bill.      (Colo.  V  22.) 

All    amendments    adopted   by   either   house   to   bill    pending    and 

originating   in  same,  to  be  incorporated  into  bill  by  engross- 

and    bill    as    thus    engrossed    to   be    printed    for   use   of 

members   before   final    passage.      Engrossing   and   printing   to 

under  supervision  of  committee,  whose  report  to  set  forth 

in   writing   that   bill    truly   engrossed    and   that    printed   copy 

furnis]  -  rect.      If    bill    passed    by    either    house,    but 

turned   thereto  amended  by  other,  house  to  which  returned 

■  mendment   printed   for   u<e  of  members  before  final 

•ion  thereon.      (Mo.  IV  29,  30.) 

Upon  Last  Reading 

endment  to  be  allowed.      (N.Y.  Ill  15.) 


Index  Digest  s:>'.> 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Reference  to  Committee 

.  For  committees  in  general,   See  Lkmsi.vm  SB     ( 'om  mittkks. 
In  General 

No   bill   to   be  considered    for   final    passage   unless   reported   by 

committee.      (Ky.  46;    La.  39l;    .Mo.  IV  2f ;  Tex.  Ill  .37.) 
No  bills  to  be  considered  unless  referred  to  committee  and   re- 
turned therefrom.      (Pa.  Ill  2.) 
No  bill  to  be  considered  or  become  law  unless  referred  to  com- 
mittee  and    returned   therefrom.      (Colo.   V  20;    Mont.  V  22; 

\V\u.  Ill  23.) 

Xo  bill  to  become  law  until  referred  to  committee  of  each  house 

and    returned    therefrom    with    recommendations    in    writing. 

(Miss.  IV  7  1  | 
No  bill  to  become  law  unless  prior  to  passage  referred  to  com- 
mittee of  each  house  and  considered  by  such  committee  in 
session  and  reported.  (Va.  IV  50.) 
No  bill  to  become  law  until  referred  to  standing  committee  of 
each  house,  acted  upon  by  such  committee  in  session  and 
returned  therefrom ;  such  facts  to  appear  affirmatively  upon 
journal  of  each  house.     (Ala.  IV  62.) 

Limitation  on  Time 

No  bill  to  be  passed  unless  presented,  referred  to  and  reported 
from  committee  at  least  three  days  before  final  adjournment. 

(Tex.  Ill  37.) 

Withdrawal  of  Bill  from  Committee 

If  committee  refuse  or  fail  to  report  bill  in  reasonable  time,  it 
may  be  called  up  by  any  member  and  be  considered  in  same 
manner  as  if  reported.      (Ky.  46.) 

Neither  house  to  discharge  committee  from  considering  bill  and 
consider  same  as  if  reported,  except  by  yea  and  nay  vote, 
names  of  members  voting  for  and  against  to  be  entered  on 
journal,  and  by  affirmative  vote  of  majority  of  those  voting, 
which  must  include  at  least  two-fifths  of  all  members  elected 

to  each  house.      (Va.   IV  50.) 

Adoption  of  Report  of  Committee  of  Conference 

In  each  house,  by  vote  of  majority  of  such  house  taken  by  yeas 

and  nays  and  entered  on  journal.     (Ala.  IV  64;  Miss.  IV  62.) 
In    each   house,   by   majority    of    members   elected    thereto,   vote 

taken   by   yeas   and   nays    ana    names   of  those  voting   for   or 

against  recorded  in  journal.      (La.  40.) 
•In  each  house,  by  vote  of  majority  of  members  elected,  taken  by 

ayes  and  noes  and  names  of  those  voting  recorded  on  journal. 

(Colo.  V  23;  Mo.  IV  32;  Pa.  Ill  5.) 
In  each  house  by  yea  and  nay  vote,  names  of  members  voting  for 

and  against  to  be  entered  on  journal,  and  by  affirmative  vote 

of    majority    of    those   voting,    which    must    include    at    least 

two-fifths   of   members  elected   to  each   house.      (Va.   IV   50.) 


State  Constitutions 


LEGISLATIVE  PROCEDURE    (Cont'd) 

I'.ILLS 

Readings  of  Joint  Resolution,  See  In  loir,   this  title.  Joint  Resolu- 
tions. 

At   Length 

On  final  passage.      (Ala.  IV  63;  Gal.  IV  15;  Miss.  IV  59;  Okla. 

V  34.) 

On  third  reading.      (X.M.   IV  15.) 

To  be  read  at  length  section  by  section  on  final  passage.      (Ida. 

Ill  15.) 
Not   to  be  considered  for  final  passage  unless  read  once  in  full. 

(La.  39.) 
(Vice  in  each  house.     (Colo.  V  22;  Minn.  IV  20.) 
On   first   and   third   readings;    on   second    reading   if   demanded. 

(N.D.  II  63;   S.D.  Ill   17.) 

Tin-,,   times   in  each  house.      (Ark.  V  22;    111.   IV   13;    Ky.   46; 

Nebr.   Ill   11;   Ohio  II   16;   Pa.  Ill  4;   Va.  IV  50;   W.Va.  VI 

29.) 
By   Sections 

On  final  passage.      (Ida.  Ill  15;   Kan.  II  15.) 
(in  second  reading  and  on  final  passage;  on  first  reading,  if  one- 
third  of  members  present  so  desire.      (Fla,  III  17.) 
Three  times  in  each  house.      (Ariz.   IV  Pt.   II   12;   Ind.   IV   18; 

NeV.  IV  18;  Ore.  IV  19.) 
By  Title 

When   introduced.      (Colo.  V  22.) 

On   first  reading   in    either   house,    unless   one-third    of  members 

present   desire   it   read   by   sections.       (Fla.    Ill    17.) 
Second    reading   may    be,    unless    reading    at    length    demanded. 

(NT).  II  63;   8.1).  Ill   17.) 

First    and    second    readings    of    local    bill    or    bank    or    railroad 

charter  to  be  by  title  only,  unless  bill  ordered  to  be  engrossed. 

(Ga.  Ill  Sec.  VII  7.) 
Either  house  may  provide  by  rule  for  first  and  third  readings 

by  title  only.      (S.C.  Ill  18.) 
Number  of 

Three  times  in  each  bouse.  (Ala.  IV  63;  Ariz.  IV  12;  Ark. 
V  2.2;  Gal.  IV  15;  Fla.  Ill  17;  Ga.  Ill  Sec  VII  7;  Ida.  Ill  15; 
111.  IV  L3;  Ind.  IV  IS;  Kan.  II  15;  Ky.  46;  La.  39; 
Kid,  Ml  J7;  Mich.  V  23;  Minn.  IV  20;  Miss.  IV  59;  Mo. 
I\  26;  Nebr.  Ill  11;  Nev.  IV  18;  K.J.  IV  Sec.  IV  6;  N.M. 
IV  15;  N.C.  II  23;  N.D.  IT  63;  Okla.  V  34;  Ore.  IV  19; 
Pa.  Ill  I;  S.C.  Ill  IS;  S.  D.  Ill  17;  Tenn.  II  18;  Tex.  Ill  32; 
Utah  VI  22;  Va.  IV  50;  W.Va,  VI  29.) 
On  Different  Days 

Required.  (Ala.  IV  63;  Cal.  IV  15;  Fla.  Ill  17;  Ga.  Ill  Sec. 
VM  7l  'da.  Ill  15;  111.  IV  i:;:  Tnd.  FV  IS;  Kan.  II  15;  Ky. 
16;  I. a.  .'ill;  Aid.  HI  27;  Miss.  IV  59;  Mo.  IV  26;  Nebr.  Ill  11; 
Nev.  IV  is:  Okla.  V  34;  Ore.  TV  19;  Pa.  ITI  4;  S.C.  Ill  18; 
Tenn.   II    18;  Tex.   Ill  32;  Va.  IV  50;  W.Va.  VI  29.) 


Index  Digest  841 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Readings  of  Bills    (Cont'd) 
On  Different  Days   (Cont'd) 

Required,   unless   rule   suspended   by   two-thirds   of   house,   when 
bill  may  be  read  a  second  and  third,  tinn   mi  same  day.     (Ark. 

V  22.) 
First  and  second  readings  may  be  on  same  day.  (S.D.  Ill  17.) 
First  and  second  readings,  and    those  only,   may   be  upon   same 

day.      (NX).  II  63.) 
Not   more  than   two   of   three   readings   to   be  on   the   same   day. 

l.X.M.  IV  15.) 
Dispensing  With 

Bill  to  he  read  three  times  on  three  separate  days  in  each  house 
unless   in   case   of   actual    invasion    or   insurrection.      (Ga.   Ill 

Sec.  VII  7.) 
In  case  of  urgency,  three-fourths  of  house  in  which  hill  pending 

may  dispense  with  rule  requiring  readings.     (Ohio  II  16.) 
Not  to  become  law  unless  read  on  three  different   days   in  each 
house,    unless   two-thirds    of   members   elected   to   house    where 
bill  pending  so  determine  by  yeas  and  nays.      (Md.   Til   27.) 
In   case  of   public  necessity    (to  be   stated   in   preamble  or   body 
of  bill)   four-fifths  of  house  in  which  bill  pending  may  suspend 
rule  requiring  readings;    yeas  and  nays  to  be  taken  on  ques- 
tion of  suspension  and  entered  on  journal.     (Tex.  Ill  32.) 
May    be    dispensed   with   in   bill   to    codify    laws   and    in    case   cf 
emergency  by  vote   of   four-fifths   of  members  voting  in   each 
house,  taken  by  yeas  and  nays,  names  of  members  voting  for 
and  against  to  be  entered  on  journal.      (Va.  IV  50.) 
Tii  case  of  urgency,  two-thirds  of  house  may  dispense  with  read- 
ing on  three  different  days,  but  not  with  reading  at  length  on 
final   passage.      (Cal.   IV  15;   Miss.  IV  59.) 
In  case  of  urgency,  two-thirds  of  house  may,  by  yeas  and  nays, 
dispense  with  provision  requiring  readings,  but  not  with  final 
reading  at  length.      (Ida.  Ill   15.) 
In   case  of  emergency,  two-thirds  of  either  house  may  dispense 
with  rule;  but  reading  by  sections  on  final  passage  in  no  case 
to  be  dispensed  with.      (Ariz.  IV  Pt.  II  12;  Kan.  II  15;  Nev. 

IV   IS;    Ore.   IV   19.) 
In  case  of  emergency  two-thirds  of  house  where  bill  pending  may, 
by  vote  of  yeas  and  nays,  dispense   with   rule   requiring  read- 
ings; but  reading  by  sections  on  final  passage  in  no  case  to  be 

dispensed  with.      (Ind.  IV   IS.) 

Four-fifths  of  members  present,  on  vote  taken  by  yeas  and  nays, 

may   dispense   with    rule   requiring   reading,   but    in    all   cases 

engrossed   bill   to  be  fully   and   distinctly    read    in   each   house. 

(YY.Va.  VI  29.) 
Rule  requiring  reading  by  sections  on  second  reading  may  be  dis- 
pensed with  by  two-thirds  of  members  present  in  house  where 

bill  pending.      (Fla.  Ill  17.) 


STATI     (  JONSTITUTIONS 


LEGISLATIVE   PROCEDURE    (Cont'd) 
Rj  \j.i  vgs  "i    l'ii  ls    i  Cont'd  i 
Dispensing  With    [Cont'd) 

ad  and   third   readings  may   be  dispensed  with  by  majority 

.,11  members  elected  to  house  where  bill  pending.     (Ky.  46.) 

In  case  of  urgency  two-thirds  of  house  where  bill  pending  may 

dispense  with  rule  requiring  readings,  but  no  bill  to  be  passed 

l,\  either  house  until  read  twice  at  length.     (Minn.  IV  20.) 

Bills   revising   statutes   or   codes   of   state,   or   adopting  criminal 

code  as   whole   to   be   read   and  promulgated  as  prescribed   by 

legislature.      (La.  39.) 
Bill   embodying  general   revision   of  entire  laws  not  required  to 
be   read   by  sections  upon   final  passage,  and   its  reading  may 
be  \\h"lh   dispensed  with  by  two-thirds  vote.      (Fla.  Ill  17.) 
Hill>  to  provide  for  public  peace,  health  and  safety  and  the  codi- 
fication  or   revision   of   the   laws   are   excepted    from   the   pro- 
vision  requiring   reading.      (N.M.  IV  15.) 
After    Passage 

Title  to  be  publicly  read,     i  Mont.  V  27.) 

Title  to  he  read  immediately  before  signing.      (Pa.   Ill  9;    S.D. 

Ill  19;  Tex.  Ill  38.) 
Title    tu   lie    publicly    read    immediately   before    signing.       (Colo. 

\    26;   N.I).  II  66;  Utah  VI  24.) 
Title   to   be   publicly    read    immediately   before   signing,   all   other 

business  being   suspended.      (Va.  IV   50.) 
To  be  read  by  title  before  signing;  to  be  read  in  full  on  demand 

ut'  any  member.      (Miss.  IV  59.) 
Title  tu   be   read   and  at   request   of  any   five  members  bill  to  be 

read  in  full.      (La.  41.) 
To  be  read  at  length  in  each  house  and  compared.      (Ky.  56.) 
To  be  publicly  read   in   full  and  fact  of  reading  entered  on  jour- 
nal.     (N.M.  IV  20.) 
To  be  publicly  read  at  length,  but  may  be  dispensed  with  by  two- 
thirds  vutc  of  quorum  present;  yeas  and  nays  on  vote  dispens- 
ing with  to  be  entered  on  journal.      (Okla.  V  35.) 
To  be  publicly  read  at  length,  but  may  be  dispensed  with  by  two- 
thirds  vote  of  quorum  present;  fact  of  reading  or  of  dispensing 
therewith   to  be  entered   on    journal.      (Ala.   IV   66.) 

l'i:i  •.  i  i\i.  of  Bills 

/ '.-/     the    printing    of    amendments,    See    above,    this    title,    Amend- 
ment op  Bills. 
General  Rule 

N"    bill    to    b«>    considered    unless    printed    for    use    of   members. 

(Pa.  Ill  2.) 
Nv,,t  to  be  considered  for  final  passage  unless  printed  for  use  of 

members.      I  Ky.  46:    Mo.  TV  27.) 
x"  !,il1  to  be  considered  or  become  law  unless  printed  for  use  of 

members.  (Colo:  V  20;  Mont.  V  22;  Wyo.  Ill  23.) 
x"  ,pil'  to  become  law  unless  printed.  (N.M.  IV  15.) 
N"  '""  '"  '"'  read  third  time  until  actually  engrossed  or  printed. 

(Md.    Ill    27.) 


I  MlKX     I  Mcl.ST  -  I  8 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Printing  of  Bills    (Cont'd) 
General  Rule    (Cont'd) 

No  bill  to  be  put   upon    linal    passage  until    printed    with   amend 
merits  for  use  of   members.      (t'al.    I V    1  5 ;    Ida.    Ill    L5;    111.    IV 

13;   Nebr.   Ill    11.) 
No  bill  to  become  law  unless  printed  by  bouse  in  which   it   orig- 
inated prior  to  passage  therein.     (Va.  IV  50.) 
No  bill  to  be  passed   or   become  law  until   printed   and   in   posses- 
sion of  each  house  for  at  least  five  days.     (Mich.  IV  22.) 
Not  to  be  passed  or  become  law   unless  printed  and  upon   desks 
of   members    in    final    form   at    least   three  calendar    legislative 
days  prior  to  final  passage.     (N.Y.  Ill  15.) 
Exceptions 

Bills  to  provide  for  public  peace,  health  or  safety  or  codification 

and  revision  of  laws.      (N.M.  IV  15.) 
If   governor   or   acting  governor    shall    have   certified,   under   his 
hand    and    seal   of   state,   to   necessity   of   immediate   passage. 

(N.Y.   Ill    15.) 
Dispensing  With 

In  case  of  urgency,  two-thirds  of  house  where  bill  pending,  may 
by  yea  and  nay  vote  dispense  with  provision  requiring  print- 
ing.     (Ida.  Ill   15.) 
May  be  dispensed  with  in  bill  to  codify  laws  and  in  case  of  emer- 
gency by  vote  of  four-fifths  of  members   voting  in  each  iiouse, 
taken    by   yeas   and    nays,   names   of   members   voting   for   and 
against  to  be  entered  on  journal.      (Va.  IV  50.) 
Passage  of  Bills 

Passage  of  Amendments,  See  above,  this  title.,  Amendment  of  Bills. 
Passage  of  Joint   Resolution,  See  below,   this   title,  Joint   Resoltj- 

TIO   . 

Passage  Over  Veto,  See  beloie,  this  title,  Passage  Oveb  Veto. 
Appropriation  and  Revenue  Bills  to  Have  Precedence 

To  have  precedence  over  all  other  business.      (Miss.  IV  08.) 
Bills  Revising  or  Adopting  Statutes  or  Codes 

To  be  read  and   promulgated   in   such   manner  as   prescribed    bj 

legislature.      ( La.   39.) 
Discussion 

Free  discussion  to  be  allowed.      (Tex.  Ill  32.) 
Limitation  on  Time  of 

Bills  of  revenue  not  to  be  passed  during  last  live  days  of  session. 

(Okla.  V  33.) 
Appropriation  and  revenue  bills  not  In  be  passed  during  last  five 

days  of  session.      (Miss.  IV  G8.) 
Appropriations  to  be  valid  shall  be  passed,  and  receive  signatures 
of  president  of  senate  and  speaker,  "  five  full  days"  before  ad- 
journment  sine,  die  of   legislature.      (I. a.   57.1 


s44  ATE    CONSTITI  PIONS 


LEGISLATIVE  PROCEDURE    (Cont'd) 

1 
Limitation    on   Time   of    (Cont'd) 

\,,t  to  be  passed  by  either  house  upon  day  prescribed  for  ad- 
journment of  the  two  houses.  (Provision  not  to  be  construed 
to  preclude  enrollment  of  hill,  or  signature  and  passage  from 
oni  i,,  other  or  reports  thereon  from  committee,  or  trans- 

mission  1,1  gpvernor  for  signature.)      (Minn.  IV  22.) 
When  Vote  Taken  for  Final  Passage 

[mmediatelj    upon   last   reading.      (Iowa  III   17;   Nebr.   Ill   10; 
N.V.   Ill    15;  Okla.  V  34;   S.D.  Ill  IS.) 
Manner  of  Voting 

On  nominal  ions  by  governor,  See  Public  Officers — Appoint- 
ment. 
By  yeas  and  nays.      (Ariz.  IV  12;   Ind.  IV  18;  Ohio  II  9;   Ore. 

IV  19;  Utah  VI  22.) 

By  yeas  ami  nays  upon  each  bill  separately.     (Ida.  Ill  15.) 

Bj    yeas  and  nays  on   final  passage.      (Ala.  IV  63;    Ark.  V  22; 

Cal.   IV    I.'.:   Colo.   V  22;    Fla.  Ill   17;   Ky.  46;   La.  39;   Mich. 

V   23;    Mo.    IV    31;   Mont.  V   24;    Nev.   IV   18;    N.M.   IV   17; 

N.I).  II  65;  Pa.  ITI  4;  Va.  IV  50;  Wash.  II  22;  Wyo.  Ill  25.) 

By   yeas    and    nays   upon    each   bill    separately   on    final   passage. 

(111.  IV   12.) 
By  ayes  and  noes  upon  final  passage  of  every  bill  of  general  char- 
acter and  appropriation  bills.      (Tenn.  II  21.) 
Affirmative  Vote  Required 

/  Li   ll, c  affirmative  vole  required  on  the  passage  of  a  bill  relating 

to  " mi  particular  subject,  See  the  particular  subject. 
Appropriation   hills,  See  Appropriations. 
Bills  continuing  or  reviving  taxes,  See  Taxation. 
Bills    releasing,  discharging  or  commuting  claim  of  state,  See 

State  Finances. 
Grants  of  public  property,  See  "Public  Property — Appropria- 
tes". "  Public  Property —Gbants". 
Majority  of  each  house.     (Ala.  IV  63i;  Ark.  V  22.) 
Majority  of  members  present.     (Fla.  Ill  17;  Ida.  Ill  15;  Mont. 

V  24;   N.M.  IV  17.) 
Majority   "of  all  the  members  of  each  body  personally  present 

..i,d  agreeing  thereto."  (N.J.  |IV  Sec.  IV  6.) 
Majority  of  all  members  elected  to  each  house.  (Ariz.  IV  15; 
I  al.  IV  15;  Colo.  V  22;  Del.  II  10;  Ga.  Ill  Sec.  VII  14;  111. 
IV  '-:  fod.  IV  25;  [pwa  Til  17;  Kan.  II  13;  La.  39;  Md. 
18;  Mich.  V  23;  Minn.  TV  13;  Mo.  IV  31;  Nebr.  Ill  10; 
Nev.  IV  ls:  N.v.  m  15.  x.D.  II  65;  Ohio  II  9;  Okla.  V  34; 
Ore.  IV  -2.-,:  pa.  I  IT  4:  S.D:  III  18;  Utah  VI  22;  Wash.  II  22; 

Wyo.  Ill  25.) 
Majority  of  all  members  to  which  house  entitled.     (Tenn.  II  18.) 
Tu",imi-    "'    members    elected    to   each   house   and   majority   of 
members  voting.     (Ky.  46;  Va.  IV  50.) 


Im>kx    Digest  845 


LEGISLATIVE  PROCEDURE    (Contfd) 
Passage  of  Bills   (Cont'd) 

Affirmative  Vote  Required    (Cont'd) 

If  less  than  16  members  preBerri  in  senate,  assert  of  &i  least  10 
necessary  to  render  acts  and  proceedings  valid;  if  less  than 
two-thirds  of  members  elected  are  present  in  Lower  bouse, 
assent  of  two-thirds  of  that  number  necessarj  id  render  acts 
and  proceedings  valid.      (X.II.    II    36j   19.) 

Entering  Vote  on  Journal 

To  be  entered  on  passage.     (Minn.  IV  13.) 

Yeas  and  nays  on   final   passage  to  be  entered.      (Cal.  IV    15; 

Ida.   Ill   15;   111.   IV   12;    Iowa  III    17;    Kan.    II    L0;    Ky.    16; 

Mich.  V  23;  Miss.  IV  55;  Xebr.  Ill   10;  Nev.  IV    IS;    X.I.   IV 

Sec.  IV  6;  N.JVt  IV  17;   X.Y.   Ill    15)  Ohio   II   9;  Okla.  V  34; 

S.I).  Ill  18;  Va.  IV  50.) 
Names  of  those  voting  on  final  passage  to  be  entered.      (Colo.  V 

22;  Md.  Ill  28;  Mont.  V  24;  N.D.  II  65;   W.vo.  [II  25.) 
Names  of  members  voting  for  and  against   on   final   passage  to 

be   entered.      (Ala.    IV   63;    Ark.   V   22;    Del.   II    10;    La.   39; 

Mo.  IV  31;   Pa.  Ill  4;  Wash.  II  22.) 
When   constitution    requires   vote   of   two-thirds   of   either    or   of 

both  houses  for  passing  of  act  or  resolution,  yeas  and  nays  on 

passage  to  be  entered.      (Ga.  Ill  Sec.  VII  21.) 

Concurrence  in  by  Other  House 

No  bill,  resolution  or  other  thing  passed  by  one  house  to  be  law 
without  concurrence  of  other.      (Vt.  II  6.) 

Motion  to  Reconsider 

When  defeated  on  final  passage  and  motion  made  to  reconsider 
vote,  vote  upon  such  motion  to  be  taken  immediately  and  sub- 
ject   finally    disposed    of   before   proceeding   to    other    business. 

(Mo.  IV  35.) 
All  votes   on   final  passage  of  any   measure  to   be   subject  to   re- 
consideration for  at  least  one  whole  legislate,    daj  ;  no  motion 
to  reconsider  to  be  disposed  of  adversely  on  day  of  original  vote 
taken,  except  on  last  day  of  session.     (Miss.  IV  65.) 

Engrossing 

To  be  enrolled  or  engrossed  immediately  after  passage.      (X.M. 

IV  20.) 

Affixing  Seal 

No  bill  or  joint  resolution  to  have  force  of  law  until  great  seal 
of  state  affixed  to  it.      (S.C.  Ill  18.) 

Interlineation  or  Erasure 

Interlineations  or  erasures  in  signed  bill  not  to  be  effective  unless 
certified  thereto  in  express  terms  by  presiding  officer  of  each 
house,  quoting  words  interlined  or  erased,  nor  unless  fact  of 
making  such  interlineations  or  erasures  be  publicly  announced 
in  each  house  and  entered  on  journal.     (N.M.  IV  20.) 


State  Constitutions 


LEGISLATIVE  PROCEDURE    (Conf<D 
p.    3  ,F  Bnxs    (Cont'd) 

Changing  or  Stealing  to  Be  Felony 

Person    materially   changing   or   altering   or   making   away   with 
pending  or   passed  Mil  to  be  guilty  of  felony  and  upon  con- 
viction punished   by    imprisonment   for   not   less   than   one   or 
more  than  live  years.     (N.M.  IV  21.) 
Reading  After  Passage,  See  above,  this  title.  Readings  of  Bills. 
Signing  After  Passage 
By  Whom  Signed 

Presiding  officer  of  each  house.  (Ala.  IV  66;  Ariz.  IV  Pt. 
II  15;  Colo.  V26;  Ga.  Ill  Sec.  VII  L3;  Ida.  III.  21;  111.  IV 
13;  [nd.  IV  25;  Iowa  HI  15;  Kan.  II  14;  Ky.  56;  La. 
41-  Minn.  II  22;  Miss.  IV  59;  Mo.  IV  37;  Mont.  V  27; 
NYbr.  HI  11  :  N.M.  IV  20;  N.C.  II  23;  N.D.  II  66;  Ohio 
II  17:  Okla.  V  35;  Ore.  IV  25;  Pa.  Ill  9;  S.D.  Ill  19; 
Ten...   II    IS;   Tex.   Ml   38;  Utah  VI  24;   Va.  IV  50;   Wyo. 

Ill  28.) 
Nut  to  have  force  of  law  until  signed  by  president  of  senate 

and  speaker  of  lower  house.      (S.C.  Ill  18.) 
Not  to  become  law  until  signed  by  presiding  officer  of  each 
house    under    such    rules    as    legislature    may    prescribe. 

(Wash.  II  32.) 
t  I 'residing  officer  of  respective  houses  and  by  secretary  of  sen- 

ate and  clerk  of  lower  house.      (Fla.  Ill  17;  Nev.  IV  18.) 
Where  Signed 

In  presence  of  house.     (Ala.  IV  66;  Colo.  V  26;  Mont.  V  27; 
\  .D.  II  66 ;  Okla.  V  35 ;  Pa.  Ill  9 ;  S.D.  Ill  19 ;  Tex.  Ill 
38;   Utah  VI  24;  Va.  IV  50;  Wyo.  Ill  28.) 
In  open  session.     (Ariz.  IV  Pt.  II  15;  Ky.  56;  La.  41;  Miss. 

IV  59;  N.M.  IV  20;  Tenn.  II  18;  Wash.  II  32.) 
In  open  session,  other  business  being  suspended;  bill  to  be 
read  at  length  and  if  no  objection  made,  to  be  signed:  if 
any  member  object  that  bill  is  not  same  in  substance  and 
form  as  when  passed,  or  that  it  violates  constitution,  house 
td  pass  upon  such  objection  and  if  sustained,  presiding 
officer  to  withhold  signature;  if  not  sustained,  any  five 
members  max  embody  objection  over  their  signatures  in 
written  protest,  under  oath  against  signing  of  bill;  pro- 
test to  he  noted  upon  journal  and  original  annexed  to  the 
Mil  to  lie  considered  by  governor.  (Mo.  IV  37.) 
When  Si i/ned 

Immediately  after  reading.      (Ala.  IV  66;    Colo.  V  26;   La. 

II:   Okla'  V  35;   Pa.  Ill  9;  S.D.  Ill  19;  Wyo.  III.  28.) 
Immediately   after   reading,  other  business  being  suspended. 

(Ky.  56;   Miss.  IV  59.) 
Publicly   in   presence  of  house  while  same  is  in  session  and 
ihle    of    Iran-acting    business.       (Nebr.    Ill    11;    Ohio 

II    17.) 
Within  two  days  after  passage.      (Kan.  II  14.) 


Index   Di&est  sIT 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Passage  of  Bills   {Cont'd) 

Signing  After   Passage    (Cont'd) 
Recording  on  Journal 

Fact  of  signing  to  be  noted  on  journal.  (Ala.  IV  66;  Colo. 
V  26;  Ky.  50;  La.  41;  Miss.  IV  59;  Mont.  V  27;  N.M. 
IV  20;  N.D.  II  66;  Pa.  Ill  9j  S.D.  Ill  19;  Term.  II 
18;  Tex.  Ill  38;  Utah  VI  24;  Va.  IV  50;  Wyo.  Ill  28.) 

Refusal  to  Sign 

Refusal  to  sign  renders  such  officer  incapable  of  holding  seat 
in  either  house  thereafter;  in  case  of  such  refusal,  house 
by  rule  to  provide  manner  in  which  bill  to  be  properly 
certified  for  presentation  to  governor.      (Minn.  IV  22.) 

Approval  of  Bills 

Acts    Adopted    by    Initiative    or    Referendum,    See   Initiative   and 

Referendum. 
Approval  of  Joint  Resolutions,  See  below,  this  title,  Joint  Resojj 

tio.ns. 

Approval  of  Orders,  See  below,  this  title,  Joint  Resolutions. 
Approval  of  Vote,  See  below,  this  title,  Joint  Resolutions. 

Filing  After  Approval,  See  below,  this  title,  Filing  of  Acts  After 

Approval. 
Presentment  to  Governor 
In  General 

Required  as  to  every  bill  which  has  passed  both  houses. 
(Ala.  V  125;  Ariz.  V  7;  Ark.  VI  15;  Gal.  IV  16;  Colo. 
IV  11;  Conn.  IV  12;  Del.  Ill  18;  Fla.  Ill  28;  Ida.  IV 
10;  111.  V  16;  Ind.  V  14;  Iowa  III  16;  Kan.  II  14;  Ky. 
56,  88;  La.  76;  Me.  IV  Pt.  Ill  2;  Mass.  Pt.  II  Ch.  I 
Sec.  I  2;  Mich.  V  36;  Minn.  IV  11;  Miss.  IV  72;  Mo.  IV 
38;  Mont.  VII  12;  Nebr.  V  15;  Nev.  IV  35;  X.H.  II  43; 
N.J.  V  7;  N.M.  IV  22;  NY.  IV  9;  N.D.  Ill  79;  Ohio  II  16; 
Okla.  VI  11;  Ore.  V  15;  Pa.  IV  15;  R.l.  Amend.  XV; 
S.C.  IV  23;  S.D.  IV  9;  Tenn.  Ill  18;  Tex.  IV  14;  Utah 
VII  8;   Va.  V  76;   Vt.  II   11;   Wash.  Ill   12;   W.Va.  VII 

14;  Wis.  V  10;  Wyo.  IV  S.) 

Governor  to  have  revision  of  all  bills  passed  by  legislature 

before  same  become  law.     (Ga.  V  Sec.  I  16;  Miss.  IV  72.) 

Required,  as  to  every  bill  passed  by  both  houses  and  sealed 

with  great  seal.     (Md.  II  17;  III  30.) 

Time  of 

Every  bill  as  passed  to  be  presented  to  governor  immediately 
after  signing  in  both  houses,  by  clerk  of  house  in  which 

last  signed.     (Ky.  56,  88.) 

Bills  signed  by  presiding  officer  of  each  house  to  be  presented 

to   governor,   on   same   day   on   which   signed   by   clerk   of 

house  in  which  it  originated;    fact  of  presentment  to  be 

entered  upon  journal.      (Mo.  IV  38.) 


State  Constitutions 


LEGISLATIVE  PROCEDURE    (Conf<l) 
pbcn  ai.  oi    Bills   i  Cont'd 
Presentment   to   Governor    {Cont'd) 
Cont'd) 
Bills  signed   by   presiding  officer  of  both  houses  to  be  taken 
hi   once  and  on  same  day  to  governor  by  clerk  of  lower 
house  or   secretary  of  senate.      (La.   41.) 
Every   bill,   within   Ih»  days  after  passage,   to  be  signed  by 
presiding   officers   and    presented    to   governor.       (Kan.    II. 

14.) 
No  bill   to  be  presented  within  two  days  next  previous  to 
final  adjournment.      (Ind.  V  14.) 
By  Signature  of  Governor 

If  approved,  governor  to  sign.  (Ala.  V  125;  Ariz.  V  7; 
Ark.  VI  15;  Cal.  IV  16;  Colo.  IV  11;  Del.  Ill  18;  Fla.  Ill 
28;  Ida.  IV  10;  111.  V  16;  Ind.  V  14;  Iowa  III  16;  Kan. 
II  14;  Ky.  88;  La.  76;  Me.  IV  Pt,  III  2;  Mass.  Pt.  II  Ch.  I 
Sec.  I  2;  Mich.  V  36;  Miss.  IV  72;  Mont.  VII  12;  Nebr.  V  15; 
Nov.  IV  35;  N.H.  II  43;  N.J.  V  7;  N.Y.  IV  9;  N.D.  Ill  79; 
Ohio  IT  16;  Okla.  VI  11;  Ore.  V  15;  Pa.  IV  15;  R.I.  Amend. 
XV;  S.C.  IV  23;  S.O.  IV  9;  Tenn.  Ill  IS;  Tex.  IV  14; 
Utah  VII  8;  Va.  V  76;  Vt.  II  11;  Wash.  Ill  12;  W.Va. 
VII  14;  Wis.  V  10;  Wyo.  IV  8.) 
If   approved,   governor  to   sign   in   presence   of   presiding   officer 

or  chief  clerk  of  both  houses.     (Md.  II  17,  III  30.) 
If   approved,   governor   to   sign   and    deposit   with    secretary   of 

state.      (Conn.  IV  12;  N.M.  IV  22.) 
If  approved,  governor  to  sign  and  deposit  in  office  of  secretary 
of  state,  having  previously  notified  house  where  it  originated. 

(Minn.  IV  11.) 
Bill   returned  within   10  days  to  house  in  which  it  originated, 
with  approval  of  governor,  to  become  law.      (Mo.  IV  38.) 
By  Failure  to  Return 
'.'<  /?<  ?-<//  Rule 

If  hill  not  returned  within  three  days  (Sunday  excepted) 
:m iir  presentment,  to  have  same  force  and  effect  as  if 
signed!.  (Conn.  IV  12;  Ind.  V  14;  Iowa  III  16;  Kan. 
II  14;  Minn.  IV  11;  N.M.  IV  22;  N.D.  Ill  79;  S.C.  IV  23; 

S.D.  IV  9;  Wyo.  IV  8.) 
if   not    returned  within   five  days  after  presentment,  to  he- 
roine a  law   as   if  signed.      (La.   76;    Mass.   Pt.   II   Ch.   I 

Sec.  I  2.) 

If   not    returned  within  five  days  after   presentment    (Sun- 

days   excepted),  bill   to  become  law  as  if   signed.      (Ark. 

VI     I.",:    Ariz.    V    7;    Fla.    Ill    28;    Ida,    IV    10;    Me.    IV 

Pt.   Ill   2;    Miss.  IV  72;  Mont.  VII  12;  Nebr.  V  15;  N.H. 

M    13;    V.. I.   V  7;   Okla.  VI  11;  Ore.  V  15;  Tenn.  Ill  18; 

Va.  V  76;   Vt.   II   11;  Wash.  Ill  12;  W.Va.  VII  14.) 

II    not    returned   within. five  days  after  presentment    (Sun- 

!    ;.   on  which  received  excepted),  to  become  law 

as  if  signed.     (Ga.  V  Sec.  I  16;  Nev.  IV  35;  Utah  VII  8.) 


Index  Digest  849 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Approval  of  Bills    (Cont'd) 

By   Failure  to  Return    (Con I'd) 
( 1  eneral  Rule    (Oonfd) 

If  not  returned  within  six  days  (Sundays  excepted)  after 
presentment,  to  be  law  as  ii  signed.      (Ala.   V    L25;    Md. 

II  17;  R.I.  Amend.  XV;  Wis.  V  10.) 

If  not  returned  by  governor  within    lo  days  after  present 
ment,  to  be  law  as  if  signed.      (Colo.  IV  11;  Pa.  IV  15.) 

If  not  returned  within  10  days  (Sundays  excepted)  after 
presentment,  to  become  law  as  if  signed.  (Cal.  IV  16; 
Del.  Ill  18;   111.  V   16;  Ky.  88;  Mich.  V  36;  N.Y.  IV  9; 

Ohio  II  16;  Tex.   IV  14.) 

If  not  returned  within  10  days  after  presentment,  legisla- 
ture may  by  joint,  resolution,  reciting  fact  of  failure  and 
bill  at  length,  direct  secretary  of  state  to  enroll  bill  as 
authentic  act;  such  enrollment  to  have  same  effect  as 
approval  by  governor.      (Mo.  IV  40,  V  12.) 

Return  Prevented  by  Adjournment 

Bill  not  to  become  law.  (Ala.  V  125;  Conn.  IV  12;  Ga.  V 
Sec.  I  16;  Iowa  III  16;  Kan.  II  14;  La.  76;  Md.-ll  17; 
Mass.  Amend.  I;  Mich.  V  36;  Minn.  IV  11;  N.I  I.  II  43; 
N.J.  V  7;  N.M.  IV  22;  Tenn.  Ill  18;  Wis.  V  10.) 
If  legislature  by  adjournment  within  three  days  after  pre- 
sentment  prevent   return,   bill   not  to  become   law.      (Vt. 

II   11.) 
Bill  not  to  become  law  without  approval  of  governor.     (Del. 

III  18;  N.Y.  IV  9;  Okla.  VI  11.) 

Bill  not  to  become  law  without  approval  of  governor;  disap- 
proved bill  to  be  filed  with  objections  in  office  of  secretary 

of  state.      (Mont.  VII   12.) 

Governor  may  within  30  days  after  adjournment  return 
bill  to  office  of  secretary  of  state  with  approval  or  reason 
for   disapproval.      (Mo.   V    12.) 

Bill  to  be  filed  with  objections  in  office  of  secretary  of  state 
within  five  days  after  such  adjournment  or  become 
law.     (Nebr.  V  15;  W.Va.  VII  14.) 

Bill  to  be  law.  unless  governor  within  tive  days  next  after 
such  adjournment,  file  with  qbjections  in  office  of  secre- 
tary  of  state,  who  shall  lay  it  before  legislature  at  next 
session  in  like  manner  as  if  returned  by  governor.     I  End. 

V   14.) 

Bill  to  become  law.  unless  governor  witbin  five  days  after 
adjournment  (Sunday  excepted)  file  with  objections  in 
office  of  secretary  of  state,  who  shall  lay  same  before 
legislature   at   next    session    as    if   returned    by   governor. 

(Ore.  V  15.) 

Bill  to  be  law  if  approved  hy  governor,  within  10  days  after 
adjournment,  but  not  otherwise.     (Va.  V  76.) 


State  (  Sonstj  iti  cons 


LEGISLATIVE  PROCEDURE    (Confd) 
Ai'ii;o\  \i.  of   Bills    i  Cont'd  I 

By   Failure    to    Return    (Cont'd) 

Return  ted  by  Adjournment    {Cont'd) 

J 4 i  1 1  to  be  law  unless  filed  with  objections  in  office  of  secre- 
tary of  state  within  LO  days  after  adjournment.  (111. 
\  16;  Ohio  II  16;  ELI.  Amend.  XV  1;  S.D.  IV  9.) 
Bill  to  be  filed  with  objections  in  office  of  secretary  of  state 
withm  lit  days  after  such  adjournment  (Sundays  ex- 
cepted)    or  become  law.      (Ariz.  V  7;   Ida.  IV  10;   Utah 

VII   8.) 

Bill   to  become   law   unless  disapproved   by  governor  within 

in  days   after   adjournment,   in   which  case   veto  measure 

in   be   spread   upon   register  kept   by   secretary  of  state. 

(Ky.  88.) 
Hill   to   be   law    unless  governor,  within    10  days   after   such 
adjournment,  file  with  objections  in  office  of  secretary  of 
.   who  shall   lay   same  before  legislature  at  next  ses- 
sion, when  it  may  be  passed  over  veto  as  otherwise.     (Fla. 

Ill  28.) 
liill  to  be  law  unless  governor  within  10  days  after  adjourn- 
ment   (Sunday  excepted)    file  with  objections  in  office  of 
secretary   of  state,   who  shall  lay  same  before  legislature 
at  next  session  as  if  returned  by  governor.      (New  IV  35; 

Wash.  Ill  12.) 
Bill  to  become  law  unless  governor  file  with  objections  in 
office  of  secretary  of  state  within  15  days  after  such 
adjournment.  (X.D.  Ill  79;  Wyo.  IV  S.) 
Bill  to  become  law  unless  governor  file  with  objections  in 
office  of  secretary  of  state  and  give  notice  thereof  by  pub- 
lic    proclamation     within     20     days     after     adjournment. 

(Ark.  VI   15;   Tex.  IV   14.) 
Bill    lln'    to   become    law    unless   governor,   within    30    days 
after  such  adjournmenl    (Sundays  excepted),  sign  and  de- 
posit  in  office  of  secretary  of  state.      '[Gal.  IV  16.) 
Bill   to  become  law  unless  filed  with  objections  in  office  of 
secretary     of    slate    within    30    days    after    such    adjourn- 
ment.     (Colo.  [V  11.) 
111,1   '"  become  law  unless  governor   file  with  objections  in 
office  of  secretary  of  commonwealth  and  give  notice  thereof 
bj     published    proclamation    within    30    days    after    such 

adjournment.      (Pa.  IV  15.) 

Bill    to   have  same  force  and   effect   as  if  signed,  unless  re- 

turned  within  tw6*days  after  next  meeting  of  legislature. 

(S.C.  IV  23.) 

'   law  unless  returned  within  three  days  after 

ginning  of  next  session.     (Mel  IV  Pt,  III  2;  Miss.  IV 

72.) 
R  '  '•  ti  Prevt  ,<!■  d  by  Recess 

l;m   '"   '"        turned   within    two  days  after   reassembling,  or 

become  law.     (Ala.  V  125.) 


I,\I)KX     Dll.l'.ST  v.",  I 


LEGISLATIVE  PROCEDURE    (Cont'fy) 
Approval  of  Bills    (Cont'd) 
After  Final  Adjournment 

No  bill  to  have  approval  when  legislature  noi  in  session.     (Miss 

IV   72.) 

(inventor    may    approve,    sign    and    file    in    office    'if    secretary    of 
state    within    three    days    after    adjournment     anj     act     passed 
during  last    three  days;   same   to   become   law.      (.Minn.    I  V    11.) 
Governor   may    approve,    sign    and    file    in    office   of    secretary   of 
state  within  five  days    (Sundays  excepted)    alter   adjournment 
of  legislature  any  lull   passed  during  last    live  days  of  session; 
same,  to  become  law.      (.Mich.    I V   li(\.) 
Bill  presented  to  governor  within  live  days  before  final  adjourn- 
ment may  be  approved  at  any  time  wilhin    10  days  after  such 
adjournment,  and  if  approved  and  deposited  with  secretary  of 
state  within  that  time  to  become  law.      (Ala.  V  125.) 
Bill    not    to    become    law    unless    approved    by    governor    wilhin 
15  days  after  such  adjournment.   (Mont.  VII    12;  Okla.  V  I   11.) 
Bills  presented  during  the  last    three  days  of   session  to  be  ap- 
proved or  disapproved  within   six  days  after  adjournment    and 
deposited    with    secretary    of    state;     unless    so    approved    and 
signed,   not   to  become   law.      (X.M.    IV  22.) 
Bill  not   to   become   law   unless   approved    by   governor   within    30 

days  after  such  adjournment.      (Del.  Ill   18;   X.Y.   IV  9.) 
Bill    not    to    become    law    unless    governor    within    .'?()    days    after 
such    adjournment    sign    and    deposit    in    office    of    secretary    of 

state.      (Cal.   IV  1(3.) 

Bills  submitted  to  governor  during  last  three  days  of  session  to 

be    deposited    by    him    in    office    of    secretary    of    state    within 

30   days   after    adjournment    with    his    approval,    if    approved, 

and  with  his  objections,  if  disapproved.      (Iowa   III   10.) 

Veto  of  Bills 

Acts    Adopted    by    Initiative    or    Referendum,    S&6    Imitative    and 

Referendum. 
Appropriation  Bills,       See  Appropriations  -    Vkiook  Bills. 
Pocket  Veto,  See  above,  this  title,  Approval  of   Bills     -By    Fail- 

i  feus  to  Return. 
Return 

If  disapproved,  governor  to  return  bill  (o  house  in  which  it 
originated.  (Ala.  V  125;  Ark.  VI  15:  Ariz.  Y  7:  Cal.  IV  IT,; 
Colo.  IV  11;  Conn.  IV  12:  Del.  Ill  IS;  l-'hi.  Ill  28;  Ida. 
IV  10;  111.  V  16;  lrid<  V  II;  Iowa  III  1(1;  K\.  88;  La.  7(1; 
Me.  IV  Pt.  Ill  2;  Md.  II  17:  Mass.  l>t.  II  (  h.  1  Sec.  I  2; 
Mich.  V  ?,<;;  Miim.  IV  11;  Miss.  IV  72:  Mo.  IV  39;  Mont. 
VII  12;  Nebr.  V  15;  X,v.  1 V  35;  X.I  I.  II  13;  X..I.  V  7:  X.M. 
IV  22;  N.Y.  IV  9*;  X.D.  IN  79;  Ohio  II  16;  Okla.  V I  11; 
Ore.  V  15:  Pa.  IV  15:  R.I.  Amend.  XV;  S.C.  IV  23; 
S.D.  IV  0;  Tenn.  Ill  18;  Tex.  IV  14;  Ctah  VII  S;  Va.  V  76; 
Vt.    II    11;    Wash.   Ill   12;    VV.Ya,    Nil    14;    Wis.  V   10;    Wyo. 

IV  8.) 
If  disapproved,  governor  to  return  to  lower  house.     (Kan.  II  14.) 


State  Co.nsti  it  tions 


LEGISLATIVE  PROCEDURE    (Cont'd) 
\  bto  of  Bills   I  cont'd) 
Objections 

,111. nt  of  to  be  sent  with  disapproved  bill.      (Vt.  II   11.) 
.  ,,,    of  to  be  sent   with  disapproved   bill  and  entered  at 

Laig ,   journal.     (Ala.  V  125;  Ark.  VI  15;  Ariz.  V  7;  Cal. 

[V  18;  Colo.  IV  11;  Conn.  IV  VI;  Del.  Ill  18;  Fla.  Ill  28; 
[da.  I\  1";  HI.  V  16;  Ind.  V  14;  Iowa  III  16;  Kan.  II  14; 
Ky.  88j  La.  76;  Me.  IV  Pt.  Ill  2;  Md.  II  17;  Mass.  Pt.  II 
Ch.  I  Sec.  I  2;  Mich.  V  36;  Minn.  IV  11;  Miss.  IV  72;  Mo. 
i\  39;  Mont.  VII  12;  Xebr.  V  15;  Xev.  IV  35;  X.H.  II  43; 
N..I.  \  7:  N.M.  IV  22;  XV.  IV  9;  X.D.  II  79;  Ohio  II  16; 
Okla.  VI  11;  Ore.  V  15;  Pa.  IV  15;  R.I.  Amend.  XV;  S.C.  IV 
23;  S.D.  IV  9;  Tenn.  Ill  18;  Tex.  IV  14;  Utah  VII  8;  Va.  V 
76;  Wash.  Ill  12;  W.Va.  VII  14;  Wis.  V  10;  Wyo.  IV  8.) 
Disapproval  of  Portion  Only 

It  governor  disapprove  general  purpose  by  disapproval  of  any 
part  or  parts,  he  may  return  with  recommendations  for  amend- 
ment to  house  in  which  bill  originated  and  if  both  houses,  by 
vote  of  a  majority  of  members  present  in  each,  agree  to  amend 
in  accordance  with  recommendations  or  either  house  by  such 
vote  fail  or  refuse  so  to  amend  it,  bill  to  be  again  sent  to 
governor  and  lie  may  act  upon  it  as  if  before  him  for  first 

time.      (Va.  IV  76.) 

It'   lull    contains   several   items,  governor  may  object   to   one  or 

inure  while   approving  others  and  append  to  bill   at  time  of 

signing  statement  of  parts  objected  to  with  reasons  and  such 

parts  not  to  take  effect  unless  passed  over  objection.      (Wash. 

Ill  12.) 
If  governor  disapproves  item  or  section  of  bill,  but  approves  of  ' 
residue,  latter  becomes  law  as  if  bill  signed,  and  governor 
returns  bill  with  objections  to  house  of  origin  which  enters 
objections  on  journal  and  reconsiders  part  not  approved.  Pro- 
ceedings same  as  if  entire  bill  returned  and,  if  part  disap- 
proved passed  by  two-thirds  of  each  house,  to  become  part  of 

law.     (S.C.  IV  23.) 
I '  ■  i  iver  Veto 

Reconsideration 
In  Q(  in  i  a\ 

Reconsidered  first  by  house  in  which  bill  originated;  if 
repassed;  sent,  with  governor's  objections  to  other  house. 
i/..  V  7;  Ark.  VI  15;  Cal.  IV  16;  Colo.  IV  11;  Conn. 
IV  12;  Del.  Ill  IS;  Ida.  IV  10;  111.  V  16;  Ind.  V  14; 
[owa  III  16;  Ky.  88;  La.  76;  Me.  IV  Pt.  Ill  2;  Md.  II 
17:  Mass.  Pt.  II  Ch.  I  Sec.  I  2;  Mich.  V  36;  Minn.  IV 
11;  Miss.  IV  72;  Mo.  IV  39;  Mont.  VII  12;  Xebr.  V  15; 
Nev.  IV  35;  X.H.  II  43;  X.J.  V  7;  X.M.  IV  22;  N.Y. 
IV  !>;  \.D.  ||  79;  Ohio  II  16;  Okla.  VI  11;  Ore.  V  15; 
Pa.  IV  L5;  R.I,  Amend.  XV;  S.C.  IV  23;  S.D.  IV  9; 
I'tm.  m  18;  Tex.  IV  14;  Vt.  II  11;  Va.  V.  76;  Wash. 
Ill   12;  W.Va.  VII  14;  Wis.  V  10;  Wyo.  IV  8.) 


IxitKx   Digest  *•">:> 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Passage  over  Veto    (Cont'd) 
Reconsideration    (Cont'd) 
In   General    (Cont'd) 

Reconsidered   first   by   lower   house;    if   repassed,   Bent,  with 

governor's  Objections,  to  senate.      (Kan.  Jf   14.) 
If  governor's  message  proposes  no  amendment  to  remove  liis 
objections,    bouse    in    which    bill    originated    proceeds    to 
reconsider;   if  bill  repassed,  to  l>e  sent    to  other  bouse   for 
reconsideration.      (Ala.  V   125.) 
When  Amendment  Proposed  by,  Governor 

House  to  which  bill  sent  may  so  amend,  and  send  with 
governor's  message  to  other  house,  which  may  adopt,  but 
cannot  amend,  said  amendment ;  both  bouses  concurring 
in  amendment,  bill  to  be  sent  again  to  governor  and  acted 
on  by  him  as  other  bills.  If  house  to  which  bill  returned 
refuses  such  amendment,  it  proceeds  to  reconsider;  if 
bill  approved,  to  be  sent  with  objections  to  other  house 
for  reconsideration.  If  house  to  which  1  > 1 1 1  returned  makes 
such  amendment,  and  other  bouse  refuses  to  pass  same, 
latter  house  to  reconsider   as  though  bill  had   originated 

therein.      (Ala.  V  125.) 
Limitation  on  Time  of  Voting 

Not  to  be  on  same  day  on  which  bill  returned  to  either  house. 

(Del.  Ill  IS;   X..I.   V  7.) 
Manner  of  Voting 

By  yeas  and  nays.      (Ala.  V  125;  Ariz.  V  7;   Ark.  VI  15;   Cal. 

IV  16;  Colo.  IV  11;  Conn.  IV  12;  Del.  Ill  IS;  Ida.  IV  10; 
111.  V  16;  Iowa  III  16;  Kan.  II  14;  Ky.  SS;  La.  76;  Me.  IV 
Pt.  Ill  2;  Md.  II  17;  Mass.  Pt.  If  Ch.  I  Sec.  I  2:  Mich.  \  36; 
Minn.  IV  11;   Miss.  IV  72;   Mo.  IV  3!) ;   Mont.  VII   12;    N.I,, 

V  15;  Nev.  IV  35;  N.H.  IT  43;  N.J.  V  7;   X.M.  IV  22;   N.Y 
IV  9;  N.D.  Ill  79;  Ohio  II  16;  Okla.  VI  11;  Ore.   V   15;   Pa 

IV  15;  R.I.  Amend.  XV;  S.C.  IV  23;  S.D.  IV  9;  Tenn.  Ill  18 
Tex.  IV  14;  Utah  VII  8;  Vt.  II  11;  Va.  V  76;  Wash.  Ill  12; 
VV.Va.  VII  14;  Wis.  V  10;  Wyo.  IV  8.) 

Affirmative  Vote  Required 

Emergency  measures,  See  below,   this   title,    Kmfroexc  v    Meas- 
ures. 
In  each  house,  majority  of  all  members  elected   thereto.      (Ala. 

V  125;   Ark.  VI  15;  Ind.  V  14;  Ky.  88;  Tenn.  TTT  18.) 

In  each  house,  majority  of  whole  number  thereof.      (X..1.  V  7.) 
In    each    house,    majority    of     all    members    to    which    entitled. 

(W.Va.  VII   14:   VI   32.) 
In  each  house,  three-fifths  of  members  preseiH  ami  voting.     (R.I. 

Amend.  XV  1.) 
In   each   house,   three-fifths   of   members   elected   thereto.      (Del. 

Ill  18;  Md.  II  17;   Xehr.  V  15.) 
In  each  house,  three-fifths  of  members  elected  thereto:  but  not  to 

be  repassed  by  smaller  vote  than  required  by  constitution  on 

original  passage.      (Ohio  II   16.) 


State  <  'mwitutioxs 


LEGISLATIVE  PROCEDURE    [Cont'd) 
Passaoi   o\  ik  Veto   I  Cont'd) 

Brmative  Vote  Required    (Cont'd) 
,„  each  house,  two-thirds  of  members  present.     (Fla.  Ill  28; 
lll:(    ,\     to;    Mont.   \  11    12;   Ore:   \'   15;   S.fc.  IV  9;   Tex.  IV 
14;   \i.   II    11:   Wash.  HI    12;  Wis.  V  10.) 
,,,  ,..t(.|,  htmse,  tun-thirds  of  members  present  and  voting.     (N.M. 

IV  22.) 

l„  each  house  two-thirds  of  all  members  present  which  must  con- 

.   ,,,  majority  of  all  members  elected  thereto.     (Va.  V  76.) 

In  each  house,  two-thirds  thereof.     (Ga.  V  Sec.  I  16;  Iowa  III 

L6;   Me.  IV  Pi.  1112:   Mass.  Pt.  II  Ch.  I  Sec.  I  2;  Minn.  IV 

ll|   Miss.    IV  72:   X.   II.    II   43;    S.  C.  IV  23.) 
1,,  each  housej  two-thirds  of  all  members  elected  thereto.     (Ariz. 

V  7;  Colo.  IV  11;   111.  V  16;  Kan.  II  14;  La.  76;  Mich.  V  36; 

M,,  IV  39;   NVv.  [V  35;  N.V.  IV  9;  N.D.  Ill  79;  Okla.  VI  11; 

Pa.   IV    l.V.   Itah  All  S:  Wyo.  IV  8.) 

Entering  Vote  on  Journal 

h    house    to    enter   vote.       (Colo.    IV    11;    Fla.    Ill    2S;    Ida. 
I\     10;    111.   V    16;    Kan.    II    14:    Mont.  VII   12;   Nebr.  V   15; 
X.M.    IV  22;   W'.Va.   VII  U.) 
Each   house  to   enter   names   of  members  voting.      (N.Y.   IV   9; 

Okla.  VI  11.) 
Each  house  to  enter  names  of  those  voting  for  and  against. 
(Ala.  V  125;  Ark.  VI  15;  Conn.  IV  12;  Del.  Ill  18;  Ky.  S8; 
La.  76;  Me.  IV  Pt.  Ill  2;  Md.  II  17;  Mass.  Pt.  II  Ch.  I  Sec. 
I  2:  Mich';  V  36';  Minn.  TV  11;  Miss.  IV  72;  N.H.  II  43;  N.J. 
\  7:  X.l>.  U  79;  Ohio  II  16;  Ore.  V  15;  Pa.  IV  15;  K.I. 
Amen,].  X\  :  S.C.  IV  23;  S.D.  IV  9;  Term.  Ill  18;  Tex.  IV  14; 
\  i.  II   11  :  Va.  V  76;  Wash.  Ill  12;  W.Va.  Ill  18;  Wis.  V  10.) 

Filing  of  Acts  After  Approval 

To   lie   hied   with   secretary   of   state.      (Conn.   IV   12;    Minn.  II   11; 

N.M.  IV  22;  Ohio  II  16.) 

Co  be  filed  with  secretary  of  state  after  final  action  by  governor  or 

following  adoption,  notwithstanding  his  objections.      (Ariz.  V  7.) 

Bill,  when  passage  over  veto  certified  to  by  presiding  officer  of  each 

house,  to  he  deposited  in  office  of  secretary  of  state  and  to  become 

law  as  if  signed.     (Mo.  IV  39.) 
1 1  mi.  \\  1 1  in  Act  Takes  Effect 

Acts    Adopted    by    Initiative    or    Referendum,    See    Initiative    and 

Referendum. 
Joint  Resolutions,  See  bclov,  this  lillc,  Joint  Resolutions. 
Upon  What  Authority  Depending,  See  Laws  —  Taking  Effect  of. 
General  Rule 

Not    until    published    and    circulated    in    counties   by    authority. 

(Ind.   IV  28.) 
Not    until   promulgated;    laws  to  be  considered  promulgated   10 

days  aftet  publication   in  stale  journal.      (La.  42.) 
\..  general   law   to  be  in  force  until   published.      (Wis.  VII  21.) 


Index  Digest  958 


LEGISLATIVE  PROCEDURE    [Cont'd) 

Time  When  Act  Takes   Effect   (V6nt\f) 
General   Rule    (Cont'd) 

To  be  prescribed  by  legislature';   no  law  of  general  nature  to  be 

in   force  until  published.      (Kan.   II    19.) 
No  bill  except  bills  i,,  provide  for  public  peace,  health  or  safety, 
or  the  codification  and   revision   of   the   laws,  in  become   law 

unless  printed.     |  \'.M.  IV   L5.) 
Xot  until  first  day  of  June  next   after  Bession  at   which   passed. 

(Md.  Ill   .".l.i 
Xot  until  first  day  of  July  next  after  passage.      I  111.   I  V   13.) 
Xot  until  first  day  of  July  after  close  osf  session      (N.D.  II  67.) 
Xo  law  of  public  nature  to  fake  effed    until   the  fourth   day   of 

July  next  after  passage.      (Iowa    III   26.) 
Xot  until  40  days  after  passage:     (Tenri.  11  20.) 
No  law  of  genera]  nature,  unless  therein  otherwise  provided,  to 

be  in  force  until  GO  days  after  passage.      (Miss.  IV  75.) 
Not   until   60  days   from  final    adjournment    of   session    at    which 

enacted.      ( Fla.  Ill   18;    Ida.   Ill    22.) 
Not    until     published,    nor     until     60    days     after     adjournment 

of  session   at   which   passed.      (Utah    VI    25.) 
Not  until   three  calendar  months  after   adjournment   of    session 

at  which  passed.      iXebr.   Ill    24.) 
Not   until    expiration   of  90   days    after   passage.       (Colo.   V    19; 

W.Va.  VI   30.) 
Not    until    90    days    after    adjournment     of    session     at     which 
enacted.     (Ariz.  IV  Pt.  I  1;  Ky.  55;   Me.  I V  Pt.  Ill    16;  -Mich. 
V  21,   1;    Mo.  TV  36;   N.M.    1 V  23;    Okla.   Y   58;    Ore.    IV  28; 
S.D.  Ill  22;    Tex.   Ill   39;    Ya.   IV   .13;    Wash.    II    31.) 
Not    until    90    days    after   filed    by   governor    in    office    of   secre- 
tary of  state.      (Ohio    II    1   c.) 

Exceptions 

For  laios  adopted  by  people.  See  Initiative  and  Referendum. 
When    otherwise    provided    in    act.      (Fla.    Ill    18;    Md.    Ill    31; 

Miss.  IV  75.) 

When   legislature   by  vote  of  two-thirds   of   all   members   elected 

to  each  house  otherwise  directs.      (Colo.    V    19;    Utah   VI   25.) 

If  legislature  by  vote  of  two-thirds  of  members  elected  to  each 

house,    taken    by    yeas    and    nays,    otherwise    directs.       (W.Va. 

VI  30.) 
If  legislature  deems   law   of   immediate   importance,   it  may  pro- 
vide that  same  shall  take  effect  by  publication  in  newspapers 

in  state.  (  Iowa  III  26.) 
In  case  of  emergency.  (See  below,  this  title,  Emergency  Meas- 
ures.) (Ariz.  IV  Pt.  I  1;  Ida.  HI  22;  111.  IV  13;  Ind.  IV 
2S:  Ky.  55;  Me.  IV  Pt.  Ill  16;  Mo.  [V  36;  Nebr.  Ill  24; 
X.I).  II  67:  11  25  11914);  Ohio  II  1  d;  Ore.  IV  _'s:  S.D.  Ill 
22;  Tex.  Ill  39;  Ya.  [V  53;  Wash.  II  31.) 
When  law  or  caption  shall  slate  that  public  welfare  requires 
taking  effect  sooner.      (Tenn.  II   20.) 


Si  a  ri'    ( '«»\-i  in  rio-\s 


LEGISLATIVE  PROCEDURE    (Cont'd) 

Timi:  Whbb   a«  i   Takes   Effect   (Cont'd* 
Exceptions    (Cont'd) 

.  n  [or  the  preservation  of  public  peace,  health  or 
Bafety,  to  take  effect  immediately  upon  passage  and  approval, 
provided    it    be    passed    by    a    two-thirds   vote   of   each   house. 

(N.M.   IV  23.) 
immediatelj    necessary    for    preservation    of    public    peace, 
health  and  safety  may  be  given  immediate  effect  by  two-thirds 
vote  of  members  elected  to  each  house.      (Mich.  V  21.) 
Appropriation  bills.     (Wash.  II  31.) 

General  appropriation  bills.     (Ky.  55;  Mo.  IV  36;  Okla.  V  58; 

Tex.  Ill  39 j   Va.  IV  53.) 

Acts   making  appropriations  may   be  given   immediate   effect  by 

two-thirds  vote  of  members  elected  to  each  house.      (Mich.  V 

1,  21.) 
General  appropriation  laws  to  go  into  effect  immediately  upon 

passage  and  approval.     (X.M.  IV  23.) 
General   appropriation  acts  or  acts  appropriating  money  for  ex- 
penses of  legislature.      (La.  42.) 
Bills  appropriating  money  for  business  purposes  or  for  payment 

of  salaries  fixed  by  law.     (Me.  IV  Pt.  Ill  16.) 
Vets   providing   appropriations   for   support  and  maintenance  of 
departments    of   state   and    of    state   institutions.       (Ariz.    IV 

.Pt.  I  1.) 
Law-  providing  for  tax  levies  and  for  appropriations  for  current 
i     -  of  -i ate  government  and  state  institutions  to  go  into 
immediate  effect.     (Ohio  II  I  d.) 
When  Passed  in  Special  Session 

Ninety  days  after  adjournment  of  legislature  by  which  passed. 

(Iowa  III  26.) 
Emergency   Me  \m  kks 

also    Initiative    and   Referendum. 
Scope 

Law-    necessary    for    immediate    preservation    of    public    peace, 
alth  or  safety.      (Ariz.  IV  Pt.  I  1;  Me.  IV  Pt.  Ill  16;  N.D. 
II  'J:.  (1914)  ;  Ohio  II  1  d;  Okla.  V  58.) 

Subjects  Excluded 

[nfringement  of  right  of  home  rule  for  municipalities;  fran- 
chise or  right  of  corporation  or  individual  to  extend  longer 
than  one  year;  provision  for  sale  or  purchase,  or  for  rent 
for  more  than  five  years,  of  real  estate.  (Me.  IV  Pt.  Ill  16.) 
Granting  of  franchises  or  license  to  corporation  or  individual  to 
extend  longer  than  one  year;  provisions  for  purchase  or  sale 
of  peal  property,  or  for  renting  or  incumbrance  of  same  for 
longer  term  than  one  year.  (Okla.  V  58.) 
How  Determined 

Bj    vote  nf  majority  of  members  elected  to  each  house,  taken  by 

yeas  and  nays.      (Ky.  55.) 


Index  Digest  857 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Emergency  Measures    (Cont'd) 
How  Determined    (Cont'd) 

By   vote   of   two-thirds   of    all    members   elected   to   each    house. 
(Ariz.  IV  Pt.  I  1;  111.  IV  l::,    Mr.  IV  Pt.  Ill  16;  Nebr.  Ill 

24;  Okla.  V  58;   S.D.  Ill  22.) 

(By  vote  of  two-thirds  Of  members  present  in  each  house.)     By 

vote  of   two-thirds  of   all   members   elected  to   each   house  on 

separate  roll  call.      (N.D.  II   67,  11   25,   1914.) 

By   vote   of   two-thirds   of   all    members   elected   to   each   house, 

taken  by  yeas  and  nays  and  entered  upon  the  journal.     ( Mo.  IV 

36;  Tex.  Ill  39;  Wash.  II  31.) 
By    vote    of    two-thirds  of    all    members    elected    to    each    house:, 
section  stating  reasons  for  emergency  to  be  passed  upon  yea 
and  nay  vote  on  separate  roll  call.      (Ohio  II  1  d. ) 
By  vote  of  four-fifths  of  members  voting  in   each  house,  taken 
by   yeas    and   nays,    and   names   of    members   voting    for    and 
against  entered  on  journal.      (Va.  IV  53.) 
Statement  of  Emergency 

To  be  expressed  in  act.      (Colo.  V  19;  Okla.  V  58.) 
To  be  expressed  in  body  of  bill.     (Va.  IV  53.) 
To  be  stated  in  separate  section.     (Ariz.  IV  Pt.  I  1.) 
Reasons  therefor  to  be  set  forth  in  one  section.      (Ohio  II  1  d. ) 
To   be   expressed,   with   facts   constituting,    in    preamble   of   act. 

(Me.  IV  Pt.  Ill  16.) 

To  be  declared  in  preamble  or  body  of  act.      (Ida.  Ill  22;   111. 

IV   13;   Ind.   IV  28;   Mo.  IV  36;   Nebr.  Ill  24;   Ore.  IV  28; 

S.D.  Ill  22;  Tex.  Ill  39.) 

Necessity  for  becoming  operative  immediately  and  facts  creating 

same  to  be  stated  in   one  section  of  bill.      ( Emergency  to  be 

expressed  in  preamble  or  body  of  act.)      N.D.   II  25    (1914), 

II  67.) 
Reason  for  emergency  to  be  set  out  at  length  in  journal  of  each 

house.      (Ky.   55.) 
Veto 

May  be  vetoed.      (Okla.  V  58.) 
Passage  Over  Veto 

By  vote  of  three-fourths  of  each   house.      (Okla.  V  58.) 
By  affirmative  vote  of  three-fourths  of  members  elected    to  each 
house,  taken  by  roll  call  of  ayes  and  nays.     (Ariz.  IV  Pt.  I  1.) 
Time  When  Effective 

To  go  into  immediate  effect.      (Ohio  II   1  d.) 
When  approved  by  governor.      i  Ky.  550 

As  directed  by  legislature.      (Mo.   IV   36$    Nebr.   Ill   24;   Tex.  Ill 

39.) 
As    directed    by    legislature:    if    upon    aye    aiid    no    vote    in    each 
house  two-thirds  of  all  members  elected  vote  in  favor  of  law 
going   into    instant    operation,    to    become    operative    upon    ap- 
proval by  governor.      (X.I).   II   07,  II  25  1914.) 


Stati      l    <>\-M  I  l   I  IONS 


LEGISLATIVE  PROCEDURE    (Cont'd) 

SOLD  1  IONS 
Origin  and  Amendment 

Order  or  resolution   may  originate  in  either  house,  but  may  be 
amended  or   rejected  by  other.      (Me.  IV  Pt.  Ill   9;    Md.  Ill 

27.) 
Introduction  of,  After  Rejection 

If  defeated  by  either  house,  no  resolution  containing  same  sub- 
stance to  be  passed  during  same  session.      (Tex.  Ill  34.) 
No  ordinance  or  resolution  intended  to  have  effect  of  law,  if  re- 
dd  by   either   house,   to  be  again  proposed  in   same   house 
(lining  same   session    under  same  or   any  other  title,  without 
consent  of  majority  of  house  by  which  rejected.      (La.  38.) 
No  ordinance  or  resolution  intended  to  have  effect  of  law,  if. re- 
ed in  cillicr  house,  to  be  again  proposed  during  same  ses- 
sion  under  same  or  any  other  title  without  consent  of  two- 

thirds  of  I se  by  which  rejected.     (Ga.  Ill  Sec.  VII  13.) 

Entering  on  Journal 

Hills  and  joint    resolutions  to  be  described  by  title  and  number. 

(W.Va.  VI  41.) 
Readings 

Each  concurrent  resolution  to  be  read  at  large  on  three  different 

days   in   each   house.      (Nebr.  Ill   11.) 
In    1»"    publicly   read   at   length   after   passage,    but   may   be  dis- 
pensed    with    by   two-thirds   vote   of   quorum   present.      (Okla. 

V  35.) 

To    be    read    on   three   different   days   in   each   house,   but   either 

hen-,,  may  provide  by  rule  for  first  and  third  readings  by  title 

only.      (S.C.  Ill  18.) 
Titles  t"  be  read  after  passage  immediately  before  signing.      (Pa. 

Ill    ":    S.I).    Ill    1!):    Tex.   Ill    38.) 
i"   '"■   publicly    read    in    full   after   passage   and   fact  of  reading 
entered   on    journal.      (N.M.  IV  20.) 
Passage 

[uirements  same  as  in  ease  of  bills.  See  above,  this  title, 
Passagi  of  Bills.  (Ala.  IV  66;  Ariz.  IV  12;  Colo.  V  26; 
Del.  II  Hi:  Fla.  Ml  17;  End.  TV  25;  Kan.  II  13;  Md.  Ill  28; 
Mont.  V  27;  Nebr.  Ill  11;  Xev.  IV  18;  N.D.  II  66;  Ohio  II 
27;  Okla  V  35;  Die  IV  25;  1'a.  Ill  0;  S.C.  Ill  18;  S.D.  Ill 
1":  lex.  Ill  38;  Utah  VI  24;  Wyo.  Ill  28.) 
Approval  of  Governor  Required 
Gem  ml  Rule 

'"  '"'  I'"  ertted  to  governor  and  before  same  takes  effect, 
to  be  approved  by  him,  or,  being  disapproved,  to  be  re- 
passed  h\  legislature  as  prescribed  in  case  of  bills.  (Kan. 
'I    1*5    Mo.    V    It:   X.I1.  I]   44;   Okla.  VI   11;    S.C.  IV  23; 

Tenn.  Ill  18.) 

Every    vote,    order    or    resolution    requiring    concurrence    of 

Hi  houses,  to  be  presented  to  governor  and  before  same 


Indkx    I>h;kst  $50 


LEGISLATIVE  PROCEDURE    (Cont'd) 
Joint  Resolutions    [Cont'd) 

Approval  of  Governor  Required    (Cont'd) 
General  Rule    (('out'//) 

takes  I'll'rrt,  In-  ;i ] ipn >\ cd  by  him  (ir  being  disapproved,  be 
repassed  by  legislature  as  prescribed  in  case  of  bills,    i  Ala. 

V  125;  Ark.  VI  16;  Colo.  V  39;  Deli  III   ls;  G&i  V  Sec.  I 
17;  Ky.  89;  La.  78;  Me.  IV  Pt.  I II  2  ■   M  inn.  1 1    12;    Mont. 

V  40;  Nebr.  V   15;    Pa.   Ill   26;   R.I.  A nd.   XV    1:   Term. 

III  18;  Tex.  IV  15;   Uyo.  Ill   41.) 
Exceptions 

Joint  resolution   on   question   of  adjournment.      (.Mo.   V    14; 

S.C.   IV  23.) 
Order,  resolution  or  vote  on  question  of  adjournment.      (Ala. 

V  125;  Ark.  VI  16;  Colo.  V  39;   Del.  II!    18;  Ga.  V  Sec.  I 
17:   Kv.  89;  La.  78;  Me.  IV  Pt.  Ill  2;  Minn.  IT  12;  Miss. 

IV  00;   Mont.  V  40;    Xel.r.  V  15;   Pa.  Ill  26;  R.I.  Amend. 
XV  1;  Tenn.  TIT   IS;  Tex.  IV   15;    Wyo.   II  \  41.) 

1  Order,  resolution  or  vote  on  matters  of  parliamentary  pro- 

ceeding.     ( La.  78.) 
Resolution    or    vote    on    matters    of    either    or    both    houses. 

(R.I.   Amend.  XV   I.) 
Order,    resolution    or    vote    on    question    relating    solely    to 
transaction  of  business  of  the  two  houses.      (Colo.  V  39; 
Minn.  II   12;    Mont.  V  40;    Wyo.  Ill    41.  i 
Vote,   resolution   or  order  on  question  of  election.      (Ga.  V 

Sec.  I   17.) 
Vote,  order  or  resolution  on  question  of  bringing  on  of  elec- 
tions.     (Ala.   V   125.) 
Resolution  on  question   of  amending  constitution.      (Ala.  V 

125;   Miss.  IV  60;    Mo.  V   14;    R.I.  Amend.  XV   1.) 
Order,  resolution  or  vote  on  address  for  removal  from  office. 

(La.  78.) 
As  otherwise  provided   in   constitution.      ( Ky.   89.) 
Orders,  votes   and  resolutions  of  both  houses  affecting  pre- 
rogatives and  duties  thereof,  or  relating  to  investigations 
of  public  officers  and  the  like;  such  resolutions,  orders  and 
votes    may    empower    legislative    committee    to    administer 
oath,   to  send  for   persons   or  papers   and  generally   make 
legislative  investigations  effective.      (Miss.  IV  60.) 
Time  When  Effective 

Joint  resolutions,  except  such  orders  or  resolutions  as  pertain 
solely  to  facilitating  performance  of  business  of  either  house 
or  of  any  committee  or  office  thereo|,  not  to  take  effect  until 
90   davs   after   recess   of   legislature   by    whieh    passed.      (Me. 

IV    Pt.    Ill    16.) 
Not  to  Repeal  or  Alter  Law 

Xo  resolution  to  have  effect  of  repealing,   altering  or  extending 

anv  law.      (  Mo.  V  14.) 


State  Constitutions 


LEGISLATURE 

olKNMKNT 

By  Governor  in  Absence  of  Quorum 

If  either  house  remain   without  quorum  for   five  days  governor 
m    adjourn  to  time  not  beyond  date  of  next  annual  session. 

(S.C.   IV   16.) 

By  Both  Houses 

Mn    jointly   adjourn  to  any   future  day  or  other  place.      (N.C. 

II   22.) 

By  Less  Than  Quorum,  Sec  below,  this  title,  Quorum  —  Powers  of 

Smaller  Number. 

By  One  House 

Each   house  to  have  power  to  adjourn   itself,  but  not   for   more 
than    two   days   at   time.      (Mass.    Pt.    II   Ch.    I    Sec.    II    6, 

III  8;  N.H.  II  18,  35.) 

Each    house   to   sit   upon   its   own   adjournments.      (Ida.   Ill    9; 

In.!.   I\     10;    Iowa  III  9;  Minn.  IV  4;  Ore.  IV  11;  Vt.  II  14.) 

Each   house   to   sit  upon   own   adjournments    from   day   to   day. 

(N.C.  II  22;   Tenn,  II  11.) 
By  One  House  Without  Consent  of  Other 

Nol   for  more  than  two  days.      (N.Y.  Ill  11.) 
Nol  for  more  than  two  days.  Sundays  excepted.      (Kan.  II  10.) 
Not  for  more  than  three  days.      (Nebr.  Ill  8;  Wis.  IV  10.) 
Not  for  more  than  three  days  nor  to  any  other  place.      (Ga.  Ill 

Sec.  VII  24;  Va.  IV  46.) 
Not   for  more  than  two  days  nor  to  any  other  place  than  that  in 

which  house  sitting.     (Me.  IV  Pt.  Ill  12.) 

Nol  for  more  than  two  days  or  to  any  other  place  than  that  in 

which  both  houses  sitting.     (111.  IV  10;  Mo.  IV  23;  R.I.  IV  9.) 

Not  for  more  than  two  days  (Sundays  excepted)  nor  to  any  other 

place   than   that   at   which  the  two  houses   in   session.      (Ohio 

II   14.) 

Nol    for  more  than  three  days  nor  to  any  other  place  than  that 

in  which  it  may  be  sitting.      (Ariz.  IV  Pt.  II  9;   Cal.  IV  14; 

Id;,.  Ill   !>;  Ky.  41;  La.  35;  Ore.  IV  11;  S.C.  Ill  21;  Utah  VI 

15.) 

Nol   for  more  than  three  days  nor  to  any  other  place  than  that 

in  which  they  may  be  sitting,  except  as  otherwise  provided  in 

constitution.  (Ala.  IV  5S.) 
Nol  for  more  than  three  days  nor  to.  other  place  than  that  at 
which  house-  may  he  sitting,  without  concurrent  vote  of  two- 
thirds  of  members  present.  (Md.  Ill  25.) 
Nol  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  houses  sitting.  (Ark.  V  28;  Colo.  V  15;  Del.  TI 
L2;  Iowa  III  14;  Mich.  V  IS;  Miss.  IV  57;  Mont.  V  14;  Ncv.  IV 
15;  N.J.  IV  Sec.  IV  5;  Okla.  V  30;  Pa.  II  14;  S.D.  Ill  16; 
Tenn.   II    16;   Tex.  Ill   17;   Vt.  II  6;   Wash.  II   11;   W.Va.  VI 

23;   Wyo.  Ill   15.) 
Not    for  more  than   three  days  or  to  any  other  town  than   that 
in  which  they  may  be  holding  their  session.     (Fla.  Ill  13.) 


Index  Digest  861 


LEGISLATURE    (Cont'd) 
Adjournment   ( Con  t'd ) 

By  One   House  Without   Consent   of   Other    {Cont'd) 

Not  for  more  than  three  days  nor  to  any  other  place  than  that 

in  which  the  two  houses  sitting,  except  in  case  of  epidemic, 

pestilence  or  other  great  danger.     (X.D.  II  51.) 

Not  for  more  than  three  days,  Sunday  excepted,  nor  to  any  other 

place  than  that  where  the  two  houses  sitting.      (Minn   IV  6; 

N.M.  IV  14.) 
Place 

May  adjourn  to  some  other  piace  when  public  safety  or  welfare, 

or  safety  or  health  of  members,  requires.      (W.Va.  VI  21.) 
In  case  of  invasion  or  violent  epidemics,  may  adjourn  to  place 
other  than  seat  of  government,  but  all  departments  of  govern- 
ment to  be  removed  to  same  place;    removal  not  to  continue 
longer  than  necessity  for  same  continues.      (Fla.  XVI   10.) 
In  case  of  danger  from  enemy  or  disease,  governor  may  adjourn 

to  other  place  of  safety.     (Ark.  VI  20.) 
Governor  may  adjourn  to  another  place  when  public  safety   or 
welfare,   or   safety   or   health   of   members   requires,   but  two- 
thirds    of    all    members   elected    to   each   house   must    concur. 

(Okla.  VI  14.) 

If  houses  disagree,  governor  may,  on  facts  certified  to  him  by 

either  house,  adjourn  to  such  place  as  he  thinks  proper.     (R.I. 

VII  6.) 
Sine  Die 

To   adjourn  sine  die  not  later  than   first  Wednesday   after  the 
first  Monday  in  June  following  organization.     (Corln.  Amend. 

35.) 
To  adjourn  without  day  at  such  time  as  agreed  by  concurrent 

resolution,  at  twelve  o'clock  noon.      (Mich.  V  13.) 
Adjournment  or  recess  taken  by  legislature  for  more  than  three 
days  to  have  effect  of  and  be  adjournment  sine  die;   adjourn- 
ment for  three  days  or  less  to  be  construed  as  not  interrupt- 
ing session.     (Mo.  IV  21,  22.) 
Time  in  General 

Governor,  with  advice  of  council,  may  prorogue  legislature  from 

time    to    time,    not    exceeding    90    days    in    any    one    recess; 

during  session  he  may  adjourn  or  prorogue  to  time  desired 

by  both  houses.      (Mass.  Pt.  II  Oh.  II  Sec.  I  5;  X.H.  II  49.) 

On  day  of  final   adjournment,  to   adjourn   twelve   o'clock  noon. 

(X.M.  IV  14.) 
Time,  if  Houses  Disagree  as  to 

Governor  may  adjourn  either  or  both.      (Ga.  Ill  Sec.  VII  24.) 
Governor  may  adjourn  to  such  time  as  he  may  think  proper. 

(Vt.  II  6.) 

Governor  may  adjourn  to  time  not  beyond  day  of  next  regular 

session.      (Cal.  V  11;   Conn.  TV  7;   Fla.  TV  10;   Iowa  IV  13; 

Kan.  I  6;   Me.  V  Pt.  I   13;   Miss.  V  121;   Nev.  V   11;   Ohio 

in  9;  S.C.  TV  16;  Utah  VII  7.) 


State  (  '<>nsti  nmoxs 


LEGISLATURE 

UUOURK  MEN!        ' 

Time,  if  Houses  Disagree  as  to    (Vont  d) 

,,   vemoI  mayi  a  facte  certified  to  him  by  priding  officers  of 
houses,   adjourn    to    tin*    not   beyond    clay    of   next  meetmg. 

,,,„„.  mayj  if  facts  certified  to  him  by  presiding  officer  of 
house    ftrstmoving  adjournment,  adjourn  to  time  not  beyond 
da3  of  uext  regular  session.     I  111.  V  9;  Okla.  VI  14.) 
Governor,  on   facts   certified   to  him  by  house  first  moving  ad- 
journment, vm  adjourn  to  time  not  beyond  day  of  next  regu- 
lar session.      (Nebr.  V   9.) 
eroor  n.av.  on   facts,  certified  to  him  by  house  last  moving 
adjournment,    adjourn    to    time   not    later   than    next   regular 

session.      (Colo.    IV    10.) 

Governor  may.  on  fads  certified  to  him  by  either  house,  adjourn 

to  time  nut  beyond  day  of  next  regular  session.     (R.I.  VII  6.) 

( tovernor  ma\  adjourn  to  time  not  exceeding  three  months.    (Del. 

Ill  16.) 

Governor  mav  adjourn  to  time  not  exceeding  four  months.     (Ky. 

80;   Pa.  IV  12.) 
1,    bouses    disagree    with    respect    to    necessity,    expediency    or 
time,  governor  may.  on  advice  to  council,  adjourn  or  prorogue 
nut  exceeding  90  days.      (Mass.  Pt.  II  Ch.  II  Sec.  I  6.) 
[f  houses  disagree  as  to  time  or  place,  governor,  with  advice  of 
council,    may    adjourn    or    prorogue    not    exceeding    90    days 
at  any  one  time;  governor  to  dissolve  senate  seven  days  before 
beginning  of  next  regular  session.      (N.H.  II  42.) 
When  Sitting  on  Impeachment,  See  Impeachment  —  Trial. 
Ami.mi.mk.m    of  (oxstitition.   See  Amendment  or  Revision   of  Con- 
stitution. 

Apportionment  of  Mdembi 

Number  of  Members,  See  below,,  Hum  title,  Members  —  Number. 
Based  on 

population.     (Ky.  33.) 

Population,    determined    by    United    States    censu^s.       (Ga.    Ill 
Sec.   II  1,  Sec.   Ill  2;  111.  IV  G,  7;  La.  18,  19;  Mich.  V  4;  Pa. 

II  18;  W.Va.  VI  4,  7.) 

Population  determined  by  United  States  census   (lower  house); 

representation   by   counties  in   senate.      (N.J.   IV   Sec.   Ill    1, 

Sec.  II  1.) 

Population   determined  by  United  States  census    (senate)  ;   rep- 

resentation  by  towns  in  lower  house.      (Conn.  Amend.  XXXI 

2,  XVIII.) 

Population  determined  bj    United  States  census;  if  such  census 

no!    taken,  or   delayed,  then  on  basis  of  state  census.      (Mo. 

IV  7.) 
Numli'i    uf  inhabitants  as  ascertained  by  United  States  census; 
it  decennial  census  of  United  States  not  taken  or  not  full  and 
•i:uiui\.   legislature   may   provide   for   enumeration   of  in- 


Index    Digest  >i'»:; 


LEGISLATURE    (Cont'd) 

AiTORTio.NMK.vr   of    Members    (Ooht'd) 
Based  on    (Cont'd) 

habitants  upon  which  to  make  apporti nentj  representation 

to  be  based  on  population,  and  such  basis  nol   to  be  changed 
by  constitutional  amendment.     (Ala.  IX  198,  200,  201,  Will 

284.) 

Population,  determined  by  United  States  census  or  in  such  man 
ner  as  legislature  may  direct.      (Ohio  XI    1,  6;   Okla.   \    !t  a, 

10  c.) 

Population  determined  by  United  States  census  or  by  enumera- 
tion made  under  authority  of  state  (lower  house);  represen- 
tation by  counties  in  senate.     (Md.  Ill  4,  2.) 

Population  determined  by  census  taken  by  United  States  or 
state  (lower  house);  representation  by  towns  and  eities  in 
senate.      (R.I.  VI   1.  Amend.  XII 1    1.) 

Population  determined  by  United  States  census  or  by  enumera- 
tion made  under  authority  of  slate  (senate);  representa- 
tion by  towns  in  lower  bouse.     (Vt.  II  18,  13.) 

Population  determined  by  census  under  authority  of  state  and 
by  United  States  census.  (Colo.  V  45;  Iowa  ill  34,  •'!•">;  Mont. 
VI  2;    Nev.  XV   13,   I    13;   N.I).   II   35;    Utah  IX   2;    Wyo.   Ill 

Apportionment  2.) 

Number  of  inhabitants,  determined  by  enumeration  under  au- 
thority of  state,  but  legislature  may  adopt  United  States 
census  as  basis.  (Lower  house.)  Each  county/  to  have  one 
member  (senate).  Representation  in  lower  house  to  be  appor- 
tioned according  to  population.      (S.C.   Ill   3.  (J,  1  2.) 

Population  determined  by  census  under  authority  of  state  and 
by  United  States  census  (lower  house)  ;  representation  by 
counties  in  senate.      (Mont.  VI  2,  4,  V  4.) 

Population  determined  by  census  taken  by  United  States  or 
state  (lower  house).  In  forming  senatorial  districts  as 
nearly  equal  as  may  be,  they  shall  govern  themselves  by  the 
proportion  of  direct  taxes  paid  by  the  said   districts.      (N.H. 

II  9,   25.) 

White  population,  determined  by  census  made  by  state  or  United 

States.      (Ore.  IV  6.) 

Number  of  adult  male  inhabitants  determined  by  enumeration 
made  by  state.      (Ind.  IV  5,  4.) 

Number  of  adult  male  inhabitants  determined  by  United  States 
census  or  census  under  authority  of  state.     (Ark.  VIII  1,  2,  4.) 

Number  of  legal  voters  determined  by  enumeration  made  by 
state.      (Mass.  Amend.  21,  22.) 

Number  of  qualified  voters  determined  by  enumeration  made  by 

state.      (Tenn.  II,  4,  6.) 

Number  of  qualified  electors  (senate)  ;  population  determined 
by  United  States  census    (lower  house)1.      (Tex.  Ill  25,  26.) 

Census  made  by  state;  lower  house  to  admit  one  member  for 
each  county  in  which  at  least  250  legal  votes  were  cast  at 
next  preceding  general  election.      (Kan.  X  2,  3,  II  2.) 


S  :  ATE    CONSTITUTIONS 


LHG1SLATURE    (Cont'd) 

\,  OF    MEMBEES     (Cont'd) 

Based  on    (Cont'd) 

Population  determined  by   United  States  census,  excluding  per- 
sons  ii"t  eligible  to  become  citizens  of  the  United  States  under 
naturalization  laws.     (I'al.  IV  6.) 
Inhabitants,  excluding  aliens,  ascertained  by  enumeration  made 

by  state.      (N.Y.  Ill  4,  5.) 

Population,    exclusive    of    Indians    not    taxable,    determined    by 

enumeration   under   authority  of  state  and  by  United  States 

census.     (Minn.  IV  2,  23.) 
Number  of  inhabitants,  exclusive  of  aliens  and  Indians  not  taxed, 

itained  by  United  States  census.     (N.C.  II  4,  5,  6.) 
Number   of   inhabitants  exclusive  of   foreigners  not  naturalizeu 
and    Indians   not    taxed,   determined  by  enumeration  made  by 
state    ( lower  house).     Number  of  inhabitants   (senate).      (Me. 

IV  Pt.  I  2,  Pt.  II  2.) 
Number  of  inhabitants  determined  by  United  States  census,  ex- 
cluding   Indians    not    taxed,    soldiers    and    officers    of    United 
States  arm\    and  navy.      (Wis.  IV  3.) 
Number    of    inhabitants,    exclusive    of    Indians    not    taxed    and 
soldiers  and  officers  of  the  United  States  army  and  navy,  de- 
termined  by   enumeration  made  by  state  and  also  by  United 
States  census.      (Nebr.   Ill  2;   S.D.  Ill  5.) 
Number    of    inhabitants,    determined   by    enumeration   made   by 
state    and    by   United    States    census,    excluding    Indians    not 
taxed,  soldiers,  sailors  and  officers  of  United  States  army  and 
navy   in   active  service.      (Wash.   II  3.) 
By   Whom   Made 

Legislature,  (Ala.  IX  199,  200;  Ark.  VIII  4;  Fla.  VII  3; 
lnd.  IV  5;  Ky.  33;  La,  IS;  Mass.  Amend.  XXI,  XXII;  Mich.  V 
I;  Monl.  VI  2;  N.H.  II  9,  25;  N.J.  IV  Sec.  Ill;  N.  M.  IV  41; 
N.C.  II  :>;  X.D.  11  35;  R.I.  Amend.  XIII  1;  S.C.  Ill  3;  S.  D. 
Ill  5;  Tex.  Ill  2S;  Utah  IX  2;  Vt.  II  18  (senate)  ;  Va.  IV  55; 
W.Va.  VI  -I;  Wyo.  Ill  Apportionment  2.) 
Bj  legislature,  subject  to  review  by  supreme  court  at  suit  of 
an;,  riu/.en  under  such  reasonable  regulation'  as  legislature 
nia\   pi  escribe.     (  N.Y.  Ill  4,  5.) 

[islature,  subjeel  to  approval  of  governor  as  bills  are  ap- 
proved; and  subjeel  to  review  by  supreme  court  at  suit  of 
an\  (in/en.  under  such  rules  and  regulations  as  legislature 
may     prescribe.       Apportionment    cases    to    have    precedence. 

(Okla.  V  10  i.) 
K\    legislature;    in   ease  of   failure  or  refusal  to  district  state 
foi     senators,    the   governor,    secretary    of    state    or    attorney- 
aerol     to    perform    said    duties    within    30    days    after    ad- 
journment of  legislature,     (  Mo.  IV  7.) 
Bj   governor.     (  \ld.  ill  5.) 

Governor,  auditor  and   .secretary  of  state,  or  any  two  of  them. 

(Ohio  XI  11.) 


Index  Digest  865 


LEGISLATURE    (Cont'd) 

Appobtionment  of   Members    (Cont'd) 
Frequency 

Every  five  years.      (Kan.   X  2.) 

Every   ten   years.      (  Fla.    VI]    2;    III.    [V    63    K\.   33;    Midi.    V    I; 

Ohio  XL  1;  Term,  111;   Va.  IV    13.) 
pecenniaUy  or  when  new  county  established;  apportionment   not 
to  take  effect  until  general  election  nexl  succeeding.     (S.C.  Ill 

3,  5.  I 
To  be  made  after  every   United   Stales   census,      (Ala.    IX    L99, 

200;  Oa.  Ill  Sec.  II  3;  N.J.  IV  See.  Ill;    Pa.   ||    18;  Tex.  Ill  28; 

W.Ya.  \'J  4.) 

To   be   made    at   first   regular    session    after   each   United    States 

census.      (Cal.   IV  6;    La.    IS;    Miss.   XIII   256.;    X.C.   II  4,  5; 

Okla.  V  9  b.) 
May  be  made  at  session  next   after  completion  of   United  States 

census.      (Conn.  Amend.  XXXI  2.) 
To  be  made  at  first  session  after  each  decennial  enumeration  of 
inhabitants  made  by  state.      (Mass.  Amend.  21,  22;   X.Y.  Ill 

4,  5.) 
To  be  made  after  each  enumeration  of  inhabitants  made  by  stale 

within  every  period  of  at  most  10  years.     (Me.  IV  l't.  I  2.) 

To  be  made  at  session  next  following  enumeration  of  inhabitants 
by  United  States  or  by  state.      (Ark.  VIII  4;   Md.  Ill  5;  Ore. 

[V  6.) 

To  be  made  after  each  United  States  census  or  after  census  taken 
by  state  for   purpose  of   such   apportionment    (senate)-      (Vt. 

If  IS.) 

To  be  made  at  first  session  after  United  States  census,  or  after 
state   census    if   United    States    census    not   taken    every   tenth 

year  or  delayed.      (Mo.   [V  7.) 

May  be  made  by  legislature  after  any  new  census  taken  by 
United  States  or  by  state.      (R.I.  Amend.  XIII    1.) 

To  lie  made  at  first  regular  session  field  after  taking  of  decennial 
census  by  state  and  after  United  States  census.  (Colo.  V  45; 
Iowa  III  34,  3G;  Minn.  IV  23;  Mont.  VI  2:  Nebr.  HI  2;  Utah 
IX   2;    Wash.   II   3;   YVyo.   HI  Apportionment   2.) 

To  be  made  after  each  decennial  enumeration  to  he  made  by  leg- 
islature and  also  after  each  federal  census;  and  at  any  regular 
session,  legislature  may  redistrict  state  and  apportion  senators 
and  representatives.     ( X\D.  II  3.1.) 

Lower  House 

Among  counties  according  to  number  of  inhabitants,  each  county 
to  be  entitled  to  at  least  one  representative:  to  be  as  prescribed 
in  constitution  until  apportionment  made.      (Ala.   IX    l!»s.   199, 

202.) 

Among  counties  as  prescribed   until  otherwise  provided  by  law. 

(Ariz.  IV  l't.  IT  1.) 


28 


State  Constitutions 


LEGISLATURE    (Cont'd) 

OF    MEMBEBS     (Cont'd) 
Lower  House    (Cont'd) 

Among  counties  according  to  number  of  adult  mule  inhabitants, 

■.,,  h    county    to    be   entitled   to   at   least   one    representative; 

2,000   to   be   taken    as   ratio   until   maximum   number   of   rep- 

resentatives  reached,  when  ratio  to  be  increased  from  time  to 

time.     To  be  as  prescribed  in  constitution  until  apportionment 

made.  (Ark.  VIII  1.) 
State  to  be  divided  into  SO  districts,  as  nearly  equal  in  popu- 
lation as  may  be,  and  composed  of  contiguous  territory;  each 
district  fleeting  one  representative;  to  be  numbered  from  one 
to  80,  commencing  at  northern  boundary  and  ending  at 
southern  boundary.  No  county,  or  city  and  county,  to  be 
divided  unless  containing  sufficient  population  to  form  two 
or  more  districts,  nor  shall  a  part  of  any  county  or  of  any 
eity  and  county  be  united  with  any  other  county,  or  city  and 
county,  in  forming  any  district.  Persons  ineligible  to  become 
citizens  of  United  States  under  naturalization  laws  not  to  be 
counted  in  estimating  population.  Existing  apportionment  to 
be  in  force  until  reapportionment.  (Cal.  IV  6.) 
On  basis  of  populatipn  according  to  ratios  to  be  fixed  by  law. 
Districts  may  be  altered  from  time  to  time  but  no  county  to  be 
divided  in  the  formation  thereof;  if  district  contains  two  or 
more  counties,  such  counties  to  be  contiguous.  To  be  as  pre- 
scribed   in   constitution   until  apportionment  made.      (Colo.  V 

45,  47,  49.) 
Each     town     with     population     of     5,000     to     be     entitled     to 
two  representatives  and  every  other  one  to  be  entitled  to  its 
presenl    representation;  newly  incorporated  town  not  to  be  en- 
titled  to  a   representative  unless  containing  2,500  inhabitants 
and   unless  town   from  which  major  portion  of  territory  taken 
also  contains  2,500  inhabitants;  new  town  for  purpose  of  rep- 
resentation,  to   be   attached   to   old   town   until   each  contains 
2,500  inhabitants.     (Conn.  Amend.  15,  18.) 
State  divided  into  35  representative  districts,  , the  limits  of  each 
district   being   specified    in   the   constitution,   each   district   to 
elect  one  representative.     (Del.  II  2.) 
Among  counties  as  nearly  as  possible  according  to  population; 
provided,  each  county  to  have  one  representative  at  large  and 
no    county    to    have    more    than    three    representatives.      New 
countj    to   be   entitled    to  one   member   in   excess   of  maximum 
limit    until   next    apportionment.      (Ela.  VII   3,  4.) 
Among  counties:     To  the  six  counties  having  largest  population 
three    representatives    each;    to    the    26    having    next    larg- 
est   population    two   representatives  each;    to  remaining  coun- 
ties one  representative  each.    Aggregate  number  of  representa- 
tives  not    to   be    increased    in    making   any    apportionment.      To 
be    as    prescribed    in    constitution    until    apportionment   made. 

(Ga.  Ill  Sec.  Ill  1,  2.) 


Index  Digest  SG7 


LEGISLATURE    (Cont'd) 

Apportionment  of   Members    (Cont'd) 

Lower  House    {Con I'd) 

As  provided  by  law,  but  each  county  to  be  entitled  to  one  repre 
sentative;  if  district  contains  more  than  one  county ,  such 
counties  to  be  contiguous,  and  no  county  to  be  divided  in 
creating  district,      (  Ida.   Ill   4,  5.) 

Three    representatives    to   lie   elected    in    each    senatorial    district. 

(111.    IV    7.    s.) 

Among  counties  according  to  number  of  male  inhabitants  above 
21  years  of  age;  representative  district  to  he  composed  of 
contiguous  counties  if  more  than  one  county  included  therein. 

(Ind.  IV  5,  (i.) 

Ratio  of  representation  determined  by  dividing  population  by 
whole  number  of  counties,  but.  each  county  to  constitute  one 
representative  district  and  be  entitled  to  one  representative; 
each  county  having  population  of  three-fifths  or  more  of  such 
ratio  number  in  excess  of  the  ratio  number  to  lie  entitled  to 
one  additional  representative,  but  said  addition  to  extend  only 
to  the  nine  counties  having  greatest  population;  if  district 
composed  of  two  or  more  counties,  not  to  be  entirely  separated 
by  any  county  belonging  to  another  district,  and  no  county 
to  be  divided  in   forming  a  district.      (Iowa   HI   35,  ,'!7.) 

Each  organized  county  to  have  ai  least  one  representative  and 
each  county  to  be  divided  into  as  many  districts  as  it  lias 
representatives.  To  be  as  pi-escribed  in  constitution  until 
apportionment  made.  (Lower  house  to  admit  one  member  for 
each  county  in  which  at  least  250  legal  votes  were  cast  at 
ned  preceding  genera!  election;  each  organized  county  in 
which  less  than  200  legal  votes  were  cast  at  such  election  to 
be  attached  to  ami  constitute  part  of  representative  district 
of  county  lying  next  adjacent  to  it  on  the  east.)      (Kan.  X   1. 

:!.  II  2.1 
State  divided  into  100  districts  as  nearly  equal  in  population  as 
may  be  wit  bout  dividing  county,  except  where  county 
may  include  more  than  one  district.  Not  more  than  two  coun- 
ties to  be  joined  together  to  form  a  district;  provided  thai  in 
doing  so  the  number  requiring  every  district  to  be  as  nearlj 
equal  in  population  as  may  be  shall  not  be  violated.  If  in- 
equality of  population  unavoidable,  any  advantage  resulting 
therefrom  to  be  given  to  district  having  largest  territory.  No 
part  of  county  to  be  added  to  another  county  to  make  district, 
and  counties  forming  district  to  be  contiguous.      (Ky.  33.) 

Representation  to  be  equal  and  uniform  and  based  upon  popula- 
tion, each  parish  and  each  ward  of  New  Oilcans  to  have  at 
least  one  representative.  Representative  number  to  be  fixed 
and  each  parish  and  ward  of  New  Orleans  to  have  as  many 
representatives  as  such  representative  number  is  contained 
in  total  population  thereof,  and  one  additional  representative 
for  every  fraction  exceeding  one-half  the   representative  mini- 


S  1  A  I  I      Cn.NSTII  ITION- 


LEGISLATURE  fd) 

A i  ■■'   Members    (Cont'd) 

Lower   House    {Cont'd) 

lier.     Newly  created   parish  to  be  assigned  one  representative 
til    mxt     apportionment     notwithstanding    maximum    lim- 
i    of   total   number   of   members,   but   if  more  than   one 
representative  in  parish'  from  which  larger  portion  of  territory 
aken  for  purpose  of  creating  new  parish,  one  of  such  repre- 
sentatives may  be  apportioned  to  new  parish.     Present  appor- 
nuiit     to    remain    in    force    until    reapportionment.       (La. 

18,  20.) 
Among  counties,  as  marly  as  may  he,  according  to  number  of 
inhabitants.  Each  town  with  1,500  inhabitants  may  elect  one 
representative;  with  3.700  may  elect  two;  with  0,700  may 
elect  three;  with  I0..I00  may  elect  four;  with  15.000  may  elect 
five;   with  may  elect   six;   with  20.250  may  elect  seven 

hut  iKi  town  to  l.e  entitled  to  more  than  seven.  Towns  with 
less  than  1,500  to  lie  formed  into  districts  containing  that 
number  so  as  not  to  divide  towns,  each  district  electing  one 
representative.  When  number  of  representatives  is  200,  dif- 
ferent apportionment  to  take  place  upon  the  same  principle. 
If  town  not  entitled  to  representative  refuses  classification 
with  other  town,  legislature  may  authorize  it  to  elect  repre- 
sentative tor  such  portion  of  time  as  shall  be  equal  to  its 
portion  of  representatives.  (Me.  TV  Pt.  I  3.) 
Each  county  with  population  of  18.000  to  he  entitled  to  two  mem- 
bers;  each  county  with  population  over  18.000  and  less  than 
10,  three  members;  each  county  with  population  of  2S.0O0 
ami  less  than  40.000.  four  member's;  each  comity  with  popula- 
tion of  to. iinn  and  less  than  55,000,  five  members;  each  county 
with  population  of  .',.",.1100  and  upwards,  six  members  and  no 
more.  City  of  Baltimore  divided  info  four  districts  of  equal 
population  and  continuous  territory,  each  district  being 
entitled  to  number'  of  members  to  which  largest  county  shall 
or  may  he  entitled.  Governor  to  arrange  representation  in 
ordance  with  apportionment  prescribed  after  each  national 
census  or  -late  census,  and  to  declare  by  proclamation  number 
lo  which  each  county  and  city  of  Baltimore  entitled.  To  be 
88  I"    Jcribed  in  constitution  until  reapportionment.     (Md.  TTT 

3,  4.   5.) 
nong  counties  equally,  as  nearly  as  may  he,  according  to  rela- 
'  number  of   legal    voters    (town   of   Cohasset    in   county  of 
to   he   considered    pari    of    Plymouth)';      Secretary   of 
itate  to  certify,  after  determined   by   legislature,  the  number 
representatives  to  which  each  county  entitled,  to  board  au- 
to  divide   each    county   info   representative   districts, 
if  mayor  and   alderman   of  Boston,  county  commis- 
sioners  of   other    counties    than    Suffolk1,    or    in    lieu   thereof, 
commissioners    in    each    county    elected    by    people    of 
"ly  or  of  towns  thereof.     Such  hoard,  on   first' Tuesday  of 


I.NDKX     l)|<;i;si  Mi'.t 


LEGISLATURE    (Cont'd) 

Apportionment  op   Members    {('on I'd) 
Lower  House    (Cont'd) 

August  after  each  assignment  of  representatives,  to  divide 
county  into  districts  of  contiguous  territprj  bo  as  to  apportion 
ltjjix-sttital  i-.ii  equally,  as  nearly  as  nuy  be  according  t«. 
relate  number  of  lega,!  voters;  nq  town  or  ward  <>i  citj  to  in- 
divided  in  forming  district  and  no  distrid  to  be  made  whirl, 
shall  be  entitled  to  elect  more  than  three  representatives. 
Districts  to  be  numbered,  and  description  pf  each  with  numl 
thereof  and  number  of  Legal  voters  therein  to  be  returned  by 
bpard  to  secretary  of  state,  county  treasurer  of  each  county, 
and  clerk  of  ever}  town  in  each  district,,  to  be  filed  and  kept 
in  their   respective  offices.      (  Mass.   Amend.  •_'].) 

Representatives  to  be  ejected  by  single  districts  containing  as 
nearly  as  may  lie  an  eo.ua]  number  of  inhabitants  and  consist- 
ing of  convenient  and  contiguous  territory;  but  no  township 
or  city  to  be  divided  in  forming  district.  If  population  of 
township  or  city  entitles  it  to  more  than  one  representative, 
such  township  or  city  to  elect  the  number  to  which  entitled. 
Each  county,  with  such  territory  as  may  b,e  attached  thereto, 
to  be  entitled  to  separate  representative  when  population 
thereof  equals  a  moiety  of  the  ratio  of  representation.  County 
entitled  to  more  than  one  representative  to  be  divided  by 
board  of  supervisors  into  districts  equal  to  number  of  repre- 
sentatives to  which  entitled;  description  of  such  districts  with 
number  and  population  thereof  to  be  filed  in  office  of  s& 
tary  of  state  and  of  clerk  of  said  county.      (Mich.  V  .'*.) 

To  be  apportioned  equally  throughout  different  sections  of  city 
in  proportion  to  population  thereof,  exclusive  "!  Indians  not 
taxable.  To  be  as  prescribed  in  constitution  until  reappor- 
tionment.     (Minn.  IV  2,  Sched.   10,   l±) 

Each  county  to  have  at  least  one  representative  j  certain  counties 
specified  in  constitution,  or  territory  then  composing  them, 
never  to  have  less  than  -II  representatives  together;  re 
maining  counties  not  specified,  or  territory  then  compos 
ing  them,  never  to  have  less  than  44  representatives.  New 
counties  to  be  entitled  to  one  representative  until  nexl  appor- 
tionment notwithstanding  maximum  limitation  on  total  num- 
ber of  members.  To  be  as  prescribed  in  constitution  until 
reapportionment.      (Miss.    Ml    254,   256,   Amend.    L914.) 

Among  counties  according  to  population.  Katio  obtained  by 
dividing  total  population  pf  state  by  200;  each  county  having 
one  ratio  or  less  to  be  entitled  to  one  member;  each  county 
having  two  and  one-half  times  ratio,  to  two  members;  each 
county  having  four  times  ratio,  to  three  members;  each  county 
having  six  times  ratio,  to  four  members,  and  so  on,  giving  one 
additional  member  for  every  two  and  one-naif  additional  ratios. 
County  entitled  to  more  than  one  representative  to  be  divided 
by  county  court    into  districts  of  compart    and   contiguous  ter- 


S    \ . ;    OoNSTrrtfTiONS 


LEGISLATURE 

Al  r   Memuers    (Cont'd) 

Lower  House    (Cont'd) 

ritorv  equal  in  number  to  representatives  t<i  which  county 
entitled,  <>t"  equal  population  as  nearly  as  ma>  be;  each  district 
to  elect  one  representative,  provided,  county  entitled  to  more 
than  lu  members  to  be  divided  by  circuit  court  into  districts 
to  give  each  district  not  less  than  two  nor  more  than 
font  members^  Districts  may  be  altered  from  time  to  time; 
if  district  composed  of  two  or  more  counties,  such  counties  to 
be  contiguous;  districts  to  be  a*s  compact  as  may  he  and  no 
county  to  be  divided  in  formation  thereof.  To  be  as  prescribed 
in  constitution  until  reapportionment.  (Mo.  IV  2,  3,  8,  9.) 
To  be  apportioned  on  basis  of  population  according  to  ratios 
to  be  fixed  by  law.  Districts  may  he  altered  from  time  to 
time;  if  district  composed  of  two  or  more  comities,  such 
counties  to  be  contiguous  and  district  as  compact  as  may  be. 
No  county  to  be  divided  in  forming  district.  To  be  as  pre- 
scribed  until  reapportionment.  (Mont.  VI  2,  3,  6.) 
According  to  cumber  of  inhabitants  excluding  Indians  not  taxed 
and  soldiers  and  officers  of  United  States  army  and  navy;  to 
be  as   prescribed    in   constitution  until   otherwise  provided  by 

law.     (Nebr.  Ill  2,  IV.) 
To  be  as  prescribed   in  constitution  until  otherwise  provided  in- 
law.     (Xev.  XVII  C.) 
Every   town,  or   place  entitled  to  town  privileges,  and  wards  of 
cities  having   600   inhabitants,   may   elect   one   representative: 
if    1,800   inhabitants,    may   elect    two   representatives;    and   so 
proceeding,  making  1,200  inhabitants  the  mean  increasing  num- 
ber for  any  additional  representative:     Provided,  no  town  to 
be  divided  or  boundaries  of  any  ward  altered  so  as  to  increase 
tin'  number  to  which  such  town  or  city  entitled  by  last  census; 
if  town   or  city  divided   or  boundaries  of  ward   lines  changed 
since    la-i     census,     legislature    to    apportion     representation 
equitably  in  such  manner  that  the  number  shall  not  be  greater 
than  if  division  or  alteration  not  made.     Town,  place  or  ward 
having  less  than  600  inhabitants  to  be  authorized  by  legislature 
to  eleel    a    representative  such  proportionate  part  of  time  as 
the  number  of  inhabitants  hears  to  600.      (X.U.  II  9,   10.) 
Among    counties    as   nearly   as   may   be   according   to  number   of 
inhabitants,  each  county  to  be  entitled  to  at  least  one  mem- 
ber.     (X.J.  IV  Sec.  Ill  1.) 
State  to  be  divided   into  districts  on  basis  of  population,  each 
'int\    included    in    each    districi    to    be    contiguous    to    some 
other   county   therein;    new   county   to   be   annexed   to   a   con- 
■   district.     To   be   as   prescribed    in   constitution   until 
reapportionment.      IX.M.    IV   42.) 

r  counties   as   nearly   as   may   he   according   to   number   of 

8  excluding  aliens,  each  county  (except  Hamilton)  to 

ntitled  to  one  member.     Ratio  to  be  obtained  by  dividing 

ole  number  of  inhabitants  excluding  aliens  by  number  of 


Index   Digest  sT1 


LEGISLATURE    (Cont'd) 

Apportionment  of  Members    (Cont'd) 
Lower  House    [Von I'd) 

members  of  lower  bouse.  Eacb  county  containing  less  than 
ratio  and  one-half  over  to  eled  one  member  and  every  other 
county  to  elect  two  members;  remaining  members  to  be  ap 
portioned  to  counties  having  more  than  two  ratios;  members 
apportioned  on  remainders  to  be  apporl  toned  to  count  ies  having 
highest  remainders  in  order  thereof  respectively;  no  county 
to  have  more  members  than  county  having  greater  number  of 
inhabitants,  excluding  aliens.  In  any  county  emit  led  to  more 
than  one  member,  (lie  hoard  of  supervisors  (or  common  coun- 
cil in  city  embracing  entire!  county  and  having  no  board  of 
supervisors)  to  divide  county  into  districts,  according  to 
number  of  inhabitants  excluding  aliens,  of  contiguous  terri- 
tory, each  district  to  he  wholly  within  senate  district  formed 
under  same  apportionment;  number  of  districts  to  equal  num- 
ber of  members  to  be  elected.  Description  of  such  districts  to 
be  filed  in  office  of  secretarj  of  state  and  of  clerk  of  county. 
Members  to  be  apportioned  to  counties  as  prescribed  in  con- 
stitution until  new  apportionment  made.  (X.Y.  111  5.) 
Among  counties  according  to  population,  each  county  to  have 
at  least  one  representative  although  containing  less  than  the 
ratio.  Ratio  obtained  by  dividing  population  of  state,  ex- 
clusive of  that  within  those  counties  which  do  not  severally 
contain  the  one  hundred  twentieth  part  of  the  population  of 
the  state,  and  by  the  number  of  representatives  less  the  num- 
ber assigned  to  such  counties;  aliens  ami  Indians  not  taxed 
to  be  excluded  in  ascertaining  population.  Bach  comity  con- 
taining ratio  and  not  twice  the  ratio  to  elect  one  member; 
each  county  containing  twice  but  not  three  times  the  ratio  to 
elect  two  members,  and  so  on  progressively,  remaining  repre- 
sentatives being  assigned  to  counties  having  largest  fractions. 

(X.C.  II  6.) 

To  he  elected  at  large  from  each  senatorial  district.     To  he  as 

prescribed    in    constitution    until   otherwise   provided    by    law. 

(N.D.  II  35,  XVIII  214.) 
Ratio  obtained  by  dividing  population  of  state  by  100.  Each 
county  with  population  equal  to  one-half  of  ratio  to  elect 
one  member,  each  county  containing  ratio  of  three-fourths 
over  to  elect  two  representatives,  and  so  on.  requiring 
after  the  first  two  an  entire  ratio  for  each  additional  repre- 
sentative: Provided,  each  county  to  have  one  representative. 
County  having  large  fraction  above  ratio  to  he  entitled  to  a 
representative  at  certain  sessions  of  the  decennial  period  dur- 
ing which  apportionment  continues.  If,  in  fixing  subsequent 
ratio,  county  previously  entitled  to  separate  representation  has 
less  than  number  required  by  new  ratio  for  a  representative, 
such  county  to  he  attached  to  adjoining  county  having  less 
number  of  inhabitants.  To  be  as  prescribed  in  constitution 
until  apportionment  made.      (Ohio  XI    1-5  Sched.   1851    10.) 


State  QpNSTrrupoNS 


LEGISLATURE    (I 

_\ lit »i: :  i    Members    (Cqnt'd) 

Lower  House    [Cont'd) 

Ratio  obtained   by  dividing   population   of  state   by    100.     Kadi 
ounty    containing    one-half    of    ratio    to    elect    one    member; 
iai-h  county  containing  ratio  and   three-fourths  over  to  elect 
tun  members,  and  so  on,  requiring  after  first  two  an  entire 
ratio  for  each  additional   representative;   provided,  no  county 
to   take    part    in    election    of   more    than    seven    representatives. 
Lving    huge    fraction   above    ratio   to   be   entitled   to 
a  representative  at  certain  census  of  the  decennial  period  dur- 
ing   which    apportionment    continues.      Any    county    forming 
a    ](:l ,-t    0f   a    district,    haying   acquired    sufficient    population, 
to  be  entitled  to  additional  representative  if  sufficient  popula- 
tion   For  a   representative   is  left   in   district   from   which   sep- 
tted        If     in     fixing    subsequent    ratio    a     county    forming 
separate  district  shall  have  less  than  number  required  by  ratio 
a   represent ative,  such  county  to  be  attached  to  adjoining 
county.     No  county  to  be  divided  except  to  make  two  or  more 
district-  therein;   no  town  nor  ward  in  city  constituting  only 
one   voting   precinct    to  be  divided,  nor   shall    any  district  con- 
tain  greater   excess   in   population   over   adjoining  district    in 
same  county   than   population   of   town   or   ward,  constituting 
onh    one   voting  precinct,   adjoining   such   district.      To  be   as 
prescribed  in  constitution  until  apportionment  made.      (Okla. 
'  V  1 0    1 1 . ) 

Among  counties  according  to  white  population.  Ratio  of  sen- 
ators and  representatives  to  be  determined  by  dividing  white 
population  of  such  county  or  district  by  such  respective  ratios ; 
when  fraction  results  exceeding  one-half  of  ratio,  county  or 
district  to  be  entitled  to  a  member  for  such  fraction,  county 
not  containing  requisite  population  for  one  member  to  be 
attached  to  some  adjoining  county.      (Ore.  IV  6.) 

Ratio     obtained     by     dividing     population     of     state     by     200. 

Each  county  containing  less  than   five  ratios  to  have  one  rep- 

entative    for   cadi    ratio   and    an    additional    representative 

when   surplus  exceeds   half   a    ratio;    but    each   county   to  have 

at  leasi  one  representative.     Each  county  containing  five  ratios 

or  more  to  tiavi    i representative   for  each  full   ratio;   each 

cit\  containing  a  ratio  to  elect  separately  its  proportion 
of  representatives  allotted  to  county  in  which  located.  Each 
citj  entitled  to  more  than  four  representatives  and  each 
count}  with  over  KHi.OOO  inhabitants  to  he  divided  into  dis- 
tricts of  compacl  and  contiguous  territory,  each  district  to 
elect  its  proportion  of  representatives  according  to  its  popula- 
tion, hut   no  district    to  elect  more  that  four  representatives. 

(Pa.  IT   17.) 

Lower  house  to  be  constituted   on   basis  of   population,  allowing 

representative    for    a    fraction    exceeding    half    the    ratio. 

hut   each  town  and  city  to  be  entitled  to  at  least  one  member 


Index   Digest  873 


LEGISLATURE    (Cont'd) 

Apportionment  of   Members    (Cont'd) 
Lower  House    (Cont'd) 

and  mi  town  or  citj  to  haye  more  than  one-fourth  of  whole 
number.  Each  town  and  city  to  be  divided  into  as  many  dis- 
trict^ as  ii  is  entitled  in  representatives,  each  district  in 
elect  one  representative.  Districts  to  he  as  nearl\  equal  in 
population    and    as   compad    in    territory   as    possible.      (K.I. 

Amend.  XIII   1.) 

Among  counties  according  in  number  of  inhabitants  in  cadi, 
cadi  county  to  constitute  one  election  district,  One  repre- 
sentative to  lie  allowed  lo  everj  one  hundred  twenty-fourth 
part  of  whole  number  of  inhabitants  in  state,  bu,1  each  county 
to  Lave  at  least  one  representative  in  spite  of  deficiency  of 
population,  if  total  number  of  representatives  not  assigned, 
deficiency  to  be  supplied  by  assigning  representatives  to  the 
counties  haying  largest  surplus  fractions.  No  apportionment 
of  rcpre:  entatives  to  take  cl'l'ed  until  general  election  suc- 
ceeding such  apportionment.  To  be  as  prescribed  in  constitu- 
tion until  rcapport  iomncnl.      (S.C.    Ill    3,  4.  5.) 

Slate    to   he    apportioned    according    lo    number   of    inhabitants, 
excluding  Indians  not   taxed,  and   soldiers  and   officers  of  the 
United  States  army  and  navy.     To  he  as  prescribed   in  consti 
tution  until  reapportionment.     (S.I).   Ill   5,  ,XI\  2.) 

Among  counties  according  to  numher  of  qualified  voters  in  each; 
any   county  having   two-thirds  of   ratio   to  lie   entitled    to   one 

i  iember.     (Tenn.  II  5.) 

Among  counties  according  to  population  in  each,  as  nearly  as 
may  he  of  ratio  obtained  by  dividing  population  of  stale  h\ 
numher  of  members  of  lower  house.  Single  county  having 
sufficient  population  for  one  representative  to  form  separate 
district;  if  two  or  more  counties  required  to  rtiake  up  ratio, 
sueh  counties  to  he  contiguous;  if  population  in  one  county  is 
sufficient  for  one  or  more  representatives,  such  representative 
or  represovd  at  ives  to  he  apportioned  to  such  county,  and  if  any 
surplus  it  may  he  joined  in  district  with  any  other  contiguous 
county  or  counties.  To  be  its  prescribed  in  const  it  ui  ion  until 
reapportionment.       (Tex.    Ill    2(i.   28.) 

On  basis  of  population  according  to  ratios  to  he  fixed  by  law. 
To   he    as    prescribed    in    constitution    until    reapportionment. 

(  I'l.ih    l.\    2,    4.) 

Each    incorporated   town   to  elect    one   member.       (Yt.    II    13.) 

State  divided  into  districts.  Existing  apportionment  to  con- 
tinue until  reapportionment.     (Va.  IV   [2,  IT) 

To  lie  apportioned   lo  districts  according  to  number  of  inhabit 
ants,  excluding  Indians  not   taxed,  soldiers,  jailors  and  officers 
of  United    Slates   army   and    nav\    in    active   service.      To   he   as 
prescribed     in     constitution     until     reapportionment.       (Wash. 

ii   :;.  xxii  2.) 


State  Constitutions 


;ISLATURK  I'd) 

Ai  OF    VfEMBEBS    (Cont'd) 

er  House    (Con I'd) 

io  ascertained  bj   dividing  population  of  state  by  number  of 
members   of  house   and    rejecting   traction   of   unit    resulting, 
Dividing    population    of    each    district    and    of    each 
county   noi    included    in   district    by   such   ratio,   a  number  of 
delegates   equal    to    quotient    Obtained,    excluding    fraction    of 
remainder,   to   be   assigned    to   each;    additional    delegates   to 
make  up  total  number  of  house  to  lie  assigned  to  those  dis- 
tricts and  counties  having  largest   fraction,  but  every  district 
and  county  not   included  in  district  to  be  entitled  to  at  least 
one  delegate.     Ever}   county  containing  population  of  less  than 
three-fifths  of  ratio  to  be  attached,  at   each  apportionment,  to 
Bome   contiguous   county  or   counties   and    to   form   a   district. 
If  additional  territory  admitted  to  slate,  provision  to  be  made 
by   law   for  representation   thereof.     Representation  to  be  as 
prescribed  until  reapportionment.     (W.Ya.  VI  0-9,  11.) 
To  he  apportioned   to  districts  according  to  number  of  inhabit- 
ant,  excluding    Indians   not    taxed,    soldiers,    and    officers    of 
United   Slates  army   and   navy.     Representatives  to  be  chosen 
bj   single  districts,  bounded  by  county  precinct,  town  or  ward 
line-,   consisting  of  contiguous   territory,   and  of   as  compact 
form  a-  practicable.     To  be  as  prescribed  in  constitution  until 
reapportionment,     (Wis.  IV  3.  4.  XIV  12.) 
Among   counties   as   nearly    as   may   be   according   to   number   of 
inhabitants,  each  county  to  have  at   least  one  representative; 
each  county  to  constitute  a  district.     Ratio  of  representation 
to   he   fixed    by   law.     Districts  may   be   altered   from   time  to 
time   hut    no   county    to    be   divided    in    formation   thereof;    if 
district  composed  of  two  or  more  counties  such  county  to  be 
contiguous    and    district    as    compact    as    may    be.      To    be    as 
prescribed   in  constitution   until  reapportionment.      (Wyo.  Ill 

3,  Apportionment  2,  3,  4.) 
Senate 

State  to  lie  divided  into  senatorial  districts  equal  to  number  of 
senators;  districts  to  he  as  nearly  equal  in  number  of  inhab- 
itant- a-  possible,  and  each  to  be  entitled  to  one  senator  only; 
districts  not  to  he  changed  until  next  apportionment  but 
counties  created   after   last    apportionment  may  be   attached; 

"iint\    to  be  divided  between  two  districts  and  no  district 

to  lie  composed  of  two  or  more  counties  not  contiguous;  to  be 
as   prescribed    as    in    constitution    until    apportionment,   made. 

(Ala.   IX  200.  202.) 
Among  counties  as  prescribed  until  otherwise  provided  by  law. 

(Ariz.  IV  Pt.  II  1.) 

to  he  divided   in   senatorial  districts  according  to  number 

adult    male   inhabitants  each  senator  representing  an  equal 

lumber  as  nearly  as  practicable;   each  district  to  consist  of 

contiguous  territory  and  no  county  to  be  divided  in   the  for- 


Index  Digest  875 


LEGISLATURE    (Cont'd) 

Apportionment  of  Members   [Qont'd] 
Senate    (Cont'd) 

mation  of  a  district.    To  be  as  pres<  ribed  in  constitution  until 
apportionment  made.      (Ark,  VIII   2,  3.) 

State  to  be  divided  into  40  districts,  as  nearly  equal  in 
population  as  may  be,  and  composed  of  contiguous  territory] 
each  district  electing  one  senator;  to  be  numbered  from  one 
to  40,  commencing  at  northern  boundary  and  ending  at 
southern  boundary.  No  county,  or  city  and  county,  to  be 
divided  unless  containing  sufficient  population  to  form  two 
or  more  districts,  nor  shall  a  part  of  anj  county  or  of  any 
city  and  county  lie  united  with  any  other  county,  or  city  and 
county,  in  forming  any  district.  Persons  ineligible  t<>  become 
citizens  of  the  United  Slates  under  naturalization  laws 
not  to  he  counted  in  estimating  population.  Existing  appor- 
tionment   to  he  in   force  until   reapportionment.      (Cal.   IV  6.) 

On  basis  of  population  according  to  ratios  to  lie  fixed  by  law. 
Districts  may  he  altered  from  time  to  time  hut  no  county 
to  he  divided  in  the  formation  thereof;  if  districl  contains 
two  or  more  counties,  such  counties  to  lie  contiguous.  To  be 
as  prescribed  in  constitution  until  apportionment  made.    (Colo. 

V  45,    17.    is.  i 

State  to  lie  divided  into  not  less  than  24  nor  more  than  36 
districts,  each  district  to  elect  one  senator;  districts  to  he 
composed  of  contiguous  territory  and  of  equal  population  as 
nearly  as  practicable;  no  county  or  pari  thereof  to  he  joined 
to  another  county  or  part  thereof  to  form  a  district  and  no 
town  to  be  divided  unless  to  form  more  than  one  district 
wholly  within  such  town,  and  each  county  to  have  at  leasl 
one  senator.      (Conn.  Amend.  XXXI  2.) 

State  divided  into  17  senatorial  district-,  the  limits  of  each 
district  being  specified  in  the  constitution,  each  district  to 
elect    one   senator.      (Del.    II    2.) 

Among  senatorial  districts;  if  district  composed  of  two  or  more 
counties,  such  counties  not  to  he  entirely  separated  by  county 
belonging  to  another  district.  New  county  to  he  assigned 
when    created   to  one  of  adjoining  districts   as  determined   by 

legislature.      I  Fla.    VII    3,    I.) 

State  divided  into  4  1  districts,  each  electing  one  senator:  no1 
to  change  number  of  districts  nor  to  increase  number  of 
senators  from  each  district.  To  !»■  as  prescribed  in  constitu- 
tion until  apportionment  made.     (Ga.  Ill  Sec.  II   1.  2.\ 

As  provided   by  law  hut    each  county  to  he  entitled   in  one   repre 
sentatiye.      If   district    contains   more   than   one   county,   such 
omits'    to    he    contiguous,     and    no    county    to    he    divided     in 
creating  district.      (Ida.   Ill   4,  5.| 

State  to  he  divided  into  .">1  senatorial  districts,  formed 
of  contiguous  and  compacl  territory  hounded  li\  county 
lines   and    containing    as   nearly   as   practicable   equal    number 


I  loNSTItutrONS 


LEG1SLATUR1  t'd) 

\,  run  I'd) 

Senate  'd) 

inhabitants,  bul   no  district   to  contain  less  than  four-fifths 

ria]    ,-,tio.    ascertained    by    dividing    population    of 

v-oih ■:    each    district     to    elect    one    senator,    but 

containing  not   less  than   the  ratio  and  three-fourths 

be   divided    into    separate  districts   and    entitled   to   two 

senators,   and    to   one   additional    senator   for   each   number   of 

inhabitants   equal   to   the    ratio   contained    in   excess   of   twice 

said  ratio.      (111.  IV  6.) 
counties  according  to  number  of  male  inhabitants  above 
■_!1    years  . .f   age;    senatorial   district   to  be   composed   of   con- 
tiguous  counties    if   more    than    one   county    included    therein, 
and  no  count;   to  be  divided.      (Ind.  IV  5,  6.) 
Among  counties  or  districts  according  to  population;   if  district 
mposed  of  two  or  more  counties,  not  to  be  entirely  separated 
by  county  belonging  to  another  district    and   ho  county  to  be 
divided   iii   forming  a  district.      (Iowa   III   34.  .37.) 
Each  organized  county  t'd  have  at    leas!    one  representative  and 
h    county    to   be   divided    into    as    many    districts    as    it    has 
representatives,      fo    be    as    prescribed    in    constitution    until 
apportionment    made.      (Kan.  X   1,  3.) 
State   divided    into   38    districts    as   nearly    equal    in    population 
may    lie    without     dividing    county,    except    where    county 
may  include  more  than  one  district;   if  inequality  of  popula- 
tion   unavoidable,    any    advantage    resulting   therefrom    to    be 
given  to  distrid  having  largest  territory.     No  part  of  county 
to    he    added    to    another    canity    to    make    a    district,    and 
counties   forming  district   to  he  contiguous.      (Ky.   33.) 
Itate   to   he   divided    into   district-   according   to   population;    no 
parish    (parish  of  Orleans  excepted)    to  he  divided  in  forming 
district.      New   parish    to   lie   attached   to   district    from   which 
most   of  its  territory  taken  or  to  another  contiguous  district, 
at    discretion    of   legislature,  hut   not   to  be   attached   to  more 
than  one  district.     Present   apportionment  to  remain  in  force 
until  reapportionment.     (  La.  ID.  20.) 

ate  to  he  divided  into  districts  conforming  as  near  as  may  be 
county  lines,  and  to  he  apportioned  according  to  number  of 

inhabitants'.    (Me.  IV  Pt.  II  2.) 
Each    county   to   lie   entitled    1,,   nni'   senator,   and    city   of   Balti- 
more   to   he   divided    into    four    districts    of    equal    population 
I  of  contiguous  territory,  each  district  electing  one  senator. 

(Md.    Ill   2.) 

jlature  to  divide   state   into   40  districts  of  adjacent   terri- 

h   containing,  as  nearly   as   may   he,  equal   number  of 

1  vole,-   no  town  or  ward  of  city  fcb  he  divided,  and  dis- 

to  he  formed,  as  nearl;   as  may  he.  without  uniting  two 

"   '"'    Paits    of   two  or   more   counties   into  one  district. 

h  '!i   iii.i    to  elect    one  senator.      (Mass.  Amend.  22.) 


Ixdkx   Digest  871 


LEGISLATURE    (Cont'd) 

Appobtionment  of   Members    [Cofit'd] 
Senate    (Con I'd) 

State   to   be  divided    into   32    numbered    districts,    each    electing 

one    senator^    no    c ity    to    be    divided    in    formit  tricl 

unless   c(luit;i!.]\    entitled    to    two   or   mure   senators.      (Mich. 

\    2.) 
To  1".'  apportioned  equally  throughoul  different   sections  of  citj 
in  proportion  to  population  thereof,  exclusive  of  Indians  no1 
taxable.      Senator.-    to   be   chosen    by   Bingle   distri  I  con- 

venient, contiguous  territory;  no  representative  district  to  be 
divided  hi  formation  p,i  senators.  To  he  as  prescribed  in  con- 
stitution  iii> t il  reapportionment.    (Minn.    IV  2,  24,  Sched.    10, 

12.) 

Among  district.,  according  to  population.     To   be  as   prescribed 

in    constitution    until    reapportionment       (Miss.     XIII     255, 

Amen.!.  1914.) 
State  to  l>e  divided  into  districts  as  nearly  equal  in  population 
as  may  be.  County  entitled  to  more  than  one  senator  to  be 
subdivided  by  circuit  court  into  districts  oij  compacl  and  con- 
tiguous territory  and  of  equal  population,  corresponding  in 
number  to  senators  to  which  county  entitled,  each  district 
to  elect  one  senator.  District.-,  may  be  altered  from  time  to 
time;  if  district  composed  of  two  or  more  counties,  such  coun- 
ties to  be  contiguous;  district  to  be  as  compacl  as  may  be 
and  no  county  to  be  divided  in  formation  thereof.  T 
prescribed    in   constitution    until    reapportionment.      (Mo.    IV 

5,  6,  9,   11.) 

State  to  be  divided   into  districts,  but  no  more  than  one  senator 

to  be  elected   fr  m  each  county.     Xew  county  to  be  entitled 

to  one  senator,  but    in  no  case  shall   senatorial  district   consist 

of  more  than  one  county.     To  be  as  prescribed  until  reappm 

tionment.      (Monit.   V    1.   VI    4.  5.) 

According  to  number  of  inhabitants  excluding  Indian-  no1   taxed 

and  soldiers  and  officers  of  United  State-  army  and  navy;   to 

be  as  prescribed   in   constitution  until   otherwise  provided   by 

law.      (Xehr.    Ill   ■_>.    |\'.) 
To    lie   as    prescribed    in    constitution    until    otherwise    provi 

by  law.     (>,ev.  \\;i!  ti.) 

State   to   he   divided    into   24    districts    as    nearly    equal    as    may 
he    without     dividing    towns    and     unincorporated    places;     in 
making  division,  to  he  governed  by  proportion  of  direct   taxes 
paid    by    said    districts.       (N.I  I.    II    25.) 
One  senator  from  each   county.      (N.J.    IV   Sec.    [I    1.) 
State  to  he  divided   into  districts  on   basis  of   population.  .    eh 
county  included  in  each  district  to  he  cohtiguotis  to  some  other 
bounty   therein;    new  county   to   be   annexed    to   a   contigu 
district.     To  he  .-i      pri    cfibfed    in   constitution    until    reappor- 
tionment.     (N.M.    IV    12.) 


gfg  .  Stat]    Constitutions 


LEGISLATURE  I'd) 

of   Membebs    [Cont'd) 

Senate    [Cont'd) 

to  be  divided  into  50  districts  containing  as  nearly  as 
mav  be  an  equal  number  of  inhabitants,  excluding  aliens,  each 
icl  to  elect  one  senator;  district  to  consist  of  contiguous 
territory  and  no  county  to  be  divided  except  to  make  two  or 
more  districts  wholly  in  such  county;  no  town  and  no  block 
in  a  city  enclosed  by  public  ways  to  be  divided.  Xo  district' 
to  contain  greater  excess  in  population  over  adjoining  district 
in  same  county  than  population  of  town  or  block  therein  ad- 
joining such  district  ;  no  county  to  have  four  or  more  senators 
unless  it  have  full  ratio  for  each  senator,  no  county  to  have 
more  than  one-third  of  all  the  senators,  and  no  two  counties, 
or  the  territory  thereof  as  now  organized,  which  are  adjoining 
the  separated  one  by  public  waters,  to  have  more  than  one- 
half  of  all  the  senators.  Ratio  for  apportioning  senators  to  be 
obtained  by  dividing  inhabitants  excluding  aliens  by  50. 
It'  county  having  three  or  more  senators  at  time  of  appor- 
tionment he  entitled  to  additional  number,  such  additional 
number  to  he  given  notwithstanding  maximum  limitation  on 
number  of  senate.  Apportionment  to  be  as  prescribed  in 
constitution    until    apportionment    by    legislature.      (N.Y.    Ill 

3,   4.) 

State  to  he  divided  into  districts  consisting  of  contiguous  terri- 
tory and  containing  as  nearly  as  may  be  equal  number  of 
inhabitants  excluding  aliens  and  Indians  not  taxed;  no  county 
to  he  divided   unless  entitled  to  two  or  more  senators.      (X.C. 

II  4.) 

State  in  he  divided  into  as  many  districts  as  there  are  senators; 
each  district  to  contain  as  nearly  as  may  be  equal  number  of 
inhabitants  entitled  to  representation,  to  be  composed  of  com- 
pact am!  contiguous  territory,  and  no  portion  of  any  county 
to  lie  attached  to  any  other  county  or  part  thereof  to  form  a 
district.  Each  district  to  be  entitled  to  one  senator  only. 
To  he  as  prescribed  in  constitution  until  otherwise  provided 
bj    law.      (N.D.    II    20.    XVIII   214.) 

Ratio  obtained  by  dividing  population  of  state  by  35.  Rules 
which  govern  apportionment  for  lower  house  to  apply  in  ap- 
portioning fractions  and  in  annexing  districts  which  con- 
tain  less  than  three-fourths  of  ratio;  county  forming  part  of 
district,  having  acquired  full  ratio  of  population,  to  be  made 
separate  district  at  regular  apportionment  if  full  ratio  left 
in  district  from  which  taken.  To  he  as  prescrihed  in  con- 
stitution until  apportionment  made.      (Ohio  XI  6-0.) 

Itatfi  to  he  divided  into  44  districts,  each  to  elect  one  senator, 
each  containing  as  nearlv  as  may  he  equal  number  of  in- 
habitants and  to  consist  of  contiguous  territory;  no  county 
to  hi'  divided  except  to  make  two  or  more  districts  wholly 
in   such   county;    no   town   and   no  ward   in   a  city,  when   con- 


T.M.Kx   Digest  879 


LEGISLATURE    {Cont'd) 

Appobttonment  of   Members    [Cont'd) 
Senate    [Con I'd) 

stitutirig  only  one  voting  precinct,  to  be  divided,  and  no  dis- 
trict to  contain  greater  excess  in  population  over  adjoining 
district  in  same  county  than  the  population  of  town  or  ward, 
constituting  only  one  voting  precinct,  adjoining  such  district. 
Tf  at  time  of  apportionment  any  county  entitled  to  three  or 
more  senators,  such  additional  number  shall  be  given  notwith- 
standing maximum  number  of  senators  prescribed.  To  be 
prescribed  in  constitution  until  apportionment   made.      (Okla. 

V  9,  11.) 

Among  counties  according  to  white  population.  Ratio  of  sent 
and  representatives  to  be  determined  by  dividing  white  popu 
Iation  of  such  county  or  district  by  such  respective  ratios; 
when  fraction  results  exceeding  one-half  of  ratio,  county  or 
district  to  be  entitled  to  a  member  for  such  fraction,  count) 
not  containing  requisite  population  for  one  member  to  be 
attached  to  some  adjoining  county.  District  containing  more 
than  one  county  to  be  composed  of  contiguous  counties  and 
no  county  to  be  divided  in  creating  a  district.      (Ore.  IV  (I.  7.) 

State  to  be  divided  into  50  districts  of  compact  and  contigu- 
ous territory  as  nearly  equal  in  population  as  may  be,  each 
district  to  elect  one  senator.  Ratio  obtained  by  dividing  popu- 
lation of  state  by  50.  Each  county  containing  one  or  more 
ratios  to  have  one  senator  for  each  ratio  and  an  additional 
senator  for  a  surplus  exceeding  three-fifths  of  a  ratio,  but  no 
county  to  form  separate  district  unless  containing  four-fifths 
of  ratio,  except  where  adjoining  counties  are  each  entitled  to 
one  or  more  senators,  when  such  county  may  be  assigned  a 
senator  on  less  than  four-fifths  and  exceeding  one  half  of  a 
ratio;  no  county  to  he  divided  unless  entitled  to  two  or  more 
senators.  No  city  or  county  to  be  entitled  to  separate  repre- 
sentation exceeding  one-sixth  of  whole  number  of  senators. 
Xo  ward,  borough  or  township  to  he  divided   in   formation   of 

district.      (Pa.   II    Hi.) 

Each  town  or  city  to  have  one  senator.      (II. I.  VI    1.) 

One  member  from  each  county.      (S.C.   Ill  G.) 

State  to  be  apportioned  according  to  number  of  inhabitants, 
excluding  Indians  not  taxed,  and  soldiers  and  officers  of  United 
States  army  and  navy.  To  he  as  prescribed  in  constitution 
until  reapportionment.      (S.I).  Ill  5,  XIX  2.1 

Among  several  counties  or  districts  according  to  number  of 
qualified  voters  in  each.  If  district  composed  of  two  or  more 
counties,  such  counties  to  he  adjoining,  and  no  county  to  lie 
divided  in  forming  district.  In  apportioning  senators  the 
fraction  that  may  he  lost  by  any  county  or  counties  in  appor- 
tionment of  members  of  lower  house  to  he  made  up  in  senate 
as  nearly  as  practicable.      (Tenn.  II  6.) 


•  ;!      QoKSTITUpONS 


LEGISLATURE      I 

An,  Members   (Cont'd) 

Senate      I         d)  ,.  . 

rtioned  on.  basis  of  population  according  to  ratios  to 
.  ,    ,iu       [f  more  than  one  county  in   district,  such 
,    contiguous,   and   no   county   to   be   divided    ... 
.nnation   of   district    unless  containing  sufficient   population 
n   itself  to  form  two  or  more  districts;   nor  shall  a  part 
nf   any   county  be   united   with   any   other  county   in   forming 
prescribed   in  constitution   until   reappor- 
tionment.     (Utah  IX  2,  4.) 
mong    counties    according    to    population,    each    county    being 
titled  to  at   leasl   one  senator.      (Vt.  II  18.) 
te  divided  into  districts.     Existing  apportionment  to  continue 
until  reapportionment.     (  Va.  1\    41,  4.-!.) 

apportioned  to  districts  according  to  number  of  inhabit- 
ants, excluding  Indians  no1  taxed,  soldiers,  sailors  and  officers 
of  United  States  armj  and  navy  in  active  service.  Senators 
to  be  elected  by  single  districts  of  convenient  and  contiguous 
,,  rritori  presentative  district  to  be  divided  in  format  inn 

of    senatorial    district.     To   be    as    prescribed    in   constitution 
until  reapportionment.      (Wash.    11   3,  (>.  XXII    1.) 
State    to    be   divided    into    12    senatorial    districts,   which    num- 
ber   shall    no1    be    diminished    but    may    be    increased.      Each 
district    to   elect    two   senators,   but   where   composed   of   more 
than   one   county,  both   not    to  be   chosen    from   same  county. 
Districts    to    be    compact,     formed     of    contiguous    territory, 
bounded   by  county    lines,   and   equal   iri   population   as   nearly 
iracticable.     If  additional  territory  admitted  to  stale,  pro- 
vision to  be  made  for  representation  thereof  in  senate;  wuvi'- 
ntation   to   be    as    pres  iribed    in   constitution   until   reappor- 
tionment.     (W.Va.  VI  4.  5,  11.) 
To  be  apportioned  to  districts  according  to  number  of  inhabit- 
ants, excluding  Indians  riol   ta'xed,  soldiers  and  officers  of  the 
United    States    army    and    navy.      Senators    to    be    chosen    by 
single  districts  of  convenient,  contiguous  territory;  no  assem- 
bly district   to  be  divided   in  forming  senate  district.     To  be 
prescribed    in    constitution    until    reapportionment.      (Wis. 

IV   3,  5,  XIV   12.) 

Among   counties  as   nearly  as  may  be  according  to  number   of 

inhabitai  -h   county   to  have   at    least   one  senator;    each 

count}    to  constitute  a    district.     Ratio  of   representation    to 

be   fixed    by   law.     To  be  as   prescribed    in   constitution   until 

apportionment.     (Wyo.   Ill   3,  Apportionment  2,  4.) 

Auditing   Committee 

be  appointed  at  each  regular  session  consisting  of  two  mem- 

bei  enate  and  three  members  of  lower  house;  to  examine 

of  auditor,   state  treasurer,   secretary   of 

and    other   executive   officers   whose   duties   pertain    to 


I.\I»K.\     DIGEST  881 


LEGISLATURE    (Cont'd) 
Committees    {Cont'd) 

Auditing   Committee    (Cont'd) 

auditing   or    accounting    foi    state    revenue;    to    report    resull 

of   investigation   to  governor  and  cause  sa ty  be  | lished 

in  two  newspapers,  of  genera]  circulation  in  state;  niaj  il 
during  recess  of  legislature,  receive  such  compensation  as 
prescribed  by  law  and,  enipjloj  one  qr  more  accountants  to 
assist  it.      (Va.   IV  Q8.j 

Committee  of  Conference,  Adoption  of   Report  of,  n<  •    Legislative 

i'KOJ. EDURE —  REFERENT  E     io    COMMIT*EEE. 

Committee  of  Whole 

Proceedings  public,    gee  below,   this   tittt,    Proceedings    Public. 
Compensation 

Committee  of  either  Iiuu.se  or  joint   c inin.r  of  both   houses, 

appointed  tp  examine  ins(  il  ut  ions  of  state  oilier  than  at  seat 
of  government,  maj  receive  actual  expense's  in  performance  of 
duties;  no  allowance  or  reward  for  any  purpose  whatever  to 
lie  paid  to  anj  committee  of  either  house,  except  such  per 
diem  as  provided  by   law.  not  to  excei  (.Mo.  IV   10.) 

Election 

Senate  to  provide  for  all  standing  committees  and  to  elect  mem- 
bers by  majority  vote.      (Qkla.   V  2S.) 

Investigations  by,  See  below,  this   title    PnvtsbtT&Attons   by. 

On    Expenditures 

Joint  standing  committee  to  be  created,  with  power  to  summon 
persons  and  examine  on  oath  and  call  for  public  or  official 
papers  and  records;  duty  to  examine  contracts  for  printing, 
stationery  and  purchases  for  public  offices  and  library,  and  all 
expenditures  therein  and  abuse  of  expenditures  to  which 
attention  palled  bj   resolution  of  either  bouse.     (Md.  Ill  24.) 

On  Specia1,  Private  and  Local  Legislation 

Joint    committees   to   be   formed,    consisting   of    seven    mem 
appointed    by    lower    bouse    and    five    members    appointed    by 
senate.     (For  duties,  See  Special   and  Local  Laws.)      (Va. 

1  \'  51.) 
Standing  committees  to  be  appointed;   house  committee  to 
sist    of    seven    members    and    senate    committee    of    five.       (Foi 
duties,  See  'Special'  or  Local  Laws.   (Miss,   I  '•    S9.) 

Reference  of  Bills  to,  See  L;  PROCEDURE       Reference  to 

Com  mii  1 1  I  . 

Trial  of  Cases  Involving  Rights  and  Privileges 

Senate  and  lower  house  may  try  and  determine  such  eases  and 
which  by  constitution  they  have  authority  to  try  ami  deter- 
mine 1)_\  committee  of  all  members  or  in  such  other  waj  as 
the-,    h..i\    respectively    think  best.  Pt.   II   Ch.    1   Sec. 

Ill  11.) 


Statj     i   ■    rsfltUTIONS 


LEGISLATURK  Vd) 

low,  this  title,  [nvestigations  by. 

this  title,  Members  -  Punishment  of. 
uses  Punishable  by  Each   House   During  Session 

below,     this     title,     [nvestigations     by  —  General 

Powers  in. 
ntempt.     (RI.   IV  7.) 
Disrespectful  behavior  in  its  presence.     (W.Va.  VI  26.) 
Contempt   and  disorderly  behavior.      (Wis.  IV  8.) 
Disrespect  or  disorderly  and  contemptuous  behavior.     (La.  26.) 
Disorderly    or    contemptuous    behavior    in    presence    of    house, 
i  Ala.  IV  53;  Ark.  V  12;  Fla.  Ill  9;  Ga.  Ill  See.  VII  2;  111.  IV 
9;    [nd.   IV    15;    Me.  IV  Pt.  Ill  6;   Md.  Ill  23;   Mass.  Pt.  II 
(li.   I   Sec.   Ill   10,   11;  Minn.  II  IS;  Miss.  IV  58;  Mo.  IV  17; 
Mont.  Nil:  Nebr.  Ill  7;  Xev.  IV  7;  X.H.  II  21,  22;  N.M.  IV 
11;  NM).  II   IS;  Ore.  IV  16;  S.C.  Ill  13;  Tenn.  II  14;  Tex.  Ill 

15;  Wyo.  Ill  12.) 
Obstructing  proceedings.     (Me.  IV  Pt.  Ill  6;  Miss.  IV  58;  N.H. 

II  21.  22;  W.Va.  VI  26.) 
Obstructing  officer  in  execution  of  duties.      (Md.  Ill  23;   W.Va. 

VI  26.) 
Assaulting   or   disturbing  officer   in   execution   of   order   or   pro- 
cedure of   house.      (  X . 1 1 .   II.  21,  22.) 
Assaulting,   threatening,   or   abusing  member   for   words   spoken 

in  debate.      (W.Va.  VI  26.) 
Theatening,    assaulting   or    abusing   member   for    anything   said, 

done  or  doing  in  either  house.      (Me.  IV  Pt.  Ill  6.) 
Threatening  harm   (during  session)   to  body  or  estate  of  member 
for  anything  said,  or  done  in  either  house,  or  assaulting  any 
of  them  therefor.     (S.C.  Ill  13.) 
Threatening  harm    (in  town  where  session  held  and  during  ses- 
sion)    to    body    or    estate    of    member    for    anything    said    or 
done    in    either    house,    or    assaulting    any    of    them    therefor. 
(Mass.  Pt.  II  Ch.  I  Sec.  HI  in.  n.) 
Threatening   or    ill-treating  member,   or   breach   of   the   peace  in 
making  arrest   for  debt  or  assaulting  member  during  attend- 
ance at    session.      (  X.II.  II  21,  22.) 
Assaulting  or  arresting  witness  or  other  person  ordered  to  at- 
tend1   house,   either    in   going   to   or   returning.      (Mass.   Pt.   II 
Ch.  1   Sec.   III.  in.  n  j  S.C.  Ill  13.) 
Assaulting   witness   or   other   person   ordered   to  attend   by,   and 
during  attendance  of.  house,  knowing  him  to  be  such.     (N.II. 

II  21.  22.) 

Refusal  to  attend  as  witness  or  to  bring  any  paper  proper  to  be 

3   evidence   before   legislature   or   either   house   or   com- 

ttee  of  either,  or  to  testify  concerning  matters  which  may 

be  proper  Bubject   of  inquiry  by  legislature.     (Ky.  30.) 

;  person  arrested  by  order  of  house.     (Mass  Pt.  IT  Ch. 

I  Sec.  Ill  10,  11;  S.C.  Ill  13.) 


Index  Digest  883 


LEGISLATURE    [Cont'd) 

Contempts    ( Con  t'd ) 

Offenses    Punishable   by   Each    House   During   Session    (Cont'd) 

Rescuing  or  attempting  t<>  rescue   person   arrested   by  order  of 

house.     (Ga.  Ill  Sec.  \  II  2.) 
Rescuing  person  arrested  by  order  of  house,  knowing  him  t<»  be 

such.      (X.ll.  II  21,  22.) 
Punishment 
Nature  of 

Imprisonment.     (Tenn.  II   14.) 

Imprisonment,  hut  nut  at  any  time  to  exceed  21  hour-.   (Ind. 

IV  15;   Minn.  IV  18;   Ore.   IV  l(i.) 
Imprisonment,    hut    not    to   extend    beyond    21    hours    at    one. 
time,  unless  disorderly  or  contemptuous  behavior  persisted 
in.      (111.   IV  !);    Xel.r.    Ill    7.) 
Imprisonment,  but  not  to  exceed    ts  hours  ai    any  one  time. 

(Tex.   Ill    15.) 
Imprisonment,  not  to  exceed    10  days.      (Md.   Ill   23;    X.II. 

II    21.    22.) 
Imprisonment,  not  exceeding  10  days  for  each  offense.      (La 

26.  i 
Imprisonment,   hut    not    to   exceed   .'30   days.      (Mass.    1't.   II 

Vh.  I   Sec.   Ill    10,  11;  N.I).  II  48.) 

runishment    and    procedure    to   he    prescribed    by    law,    but 

imprisonment   not    to  extend    beyond    session.      (Ky.   30.) 

Imprisonment,    hut    not    to    extend    beyond    session.       (Ga. 

Ill  Sec.  VII  2;  Me.   IV  I't.   Ill   (i ;   Xev.   I V  7;   S.C.  Ill    13; 

W.Va.   VI    26.) 
Fine  not   exceeding  $300,  or  imprisonment  not   exceeding  10 

days,  or  both.      (Mo.    IV    17.) 
Imprisonment    not    to    extend    beyond     final     adjournment. 

(ITa.  Ill  0;   Miss.  IV  58.) 
Effect  of 

Not  to  bar  indictment  for  same  offense.      (Ark.  V  12.) 

Not    to  bar  criminal   prosecution   for  same  offense.      (  Mont. 

V   11  ;    N.M.  IV   11;    N.D.   II  48.) 
Not    to    prevent    punishment    of    any    offense    by    ordinal  . 
course  of  law.      (W.Va.  VI   2(5.) 
Elections  by 

Concurrence  of  Senate  in  Appointment  of  Officers,  Set    Governob 

APl'OIH  raiENi       BY. 

Entering   Vote   on   Journal 

To  be  entered,     (Ala.  IV  S3;  Ark.  V  14;  Cal.  IV  Js;  Ga.  Ill  See. 

X;  Iowa  III  38;  Minn.  IV  3d;  X.D.   II  54;  S,D.   Ill    14;  Tenn. 

IV   4:    Va.    II   27;    Wash.    II    27;    W.Va.   VI    44;    Wis.    IV   30.) 

Yeas  and  nays  to  he  entered.      (Okla.  V  31.) 

To  i»e  entered,,  except  where  only  one  candidate  nominated,   in 

which    case   election    to   he    rim    voce   without    roll    call.       (S.C. 

Ill    20   1015.) 


-     ,.;(<■  .-llil"il<».\s 


LEGISLATURE 

'ont'd) 

freedom  of 

:    voluntary.      (,y,t,    II  51.) 

.  nncr  of  Voting 

in   aJ]  elections:      (Ala.    IV   S3;   GaL   I\'  28;    Fla.  VI 
:   [owa  III  38;  Kan.  I\r  1;  Minn.  IV  30;  Miss. 
1\     76;    N.<\    VI    6;    Ohio    II    27;    S.I).   Ill    14;    Tenn.    IV  4; 
Wash.    II    -'7:   W.Va.  VI   44;   Wis.  IV  30.) 

,m  all  elections  by  legislature  or  cither  house.      (Ind. 
II    13;    Muli.   V    17;    Xev.   II  5;    X.D.  II   51.) 
All   elections   bj    persona   in    representative   capacity  to  be   viva 
rk.  III    L2;    La.  203;    -Mo.   VIII   (5;    Pa.  VIII    12;   Va. 

II  27.) 
Openly  or   rift  aid  not   by  ballot   in  all  elections  by  legis- 

lature or   either   branch.      (Ore.   II    15.) 
Viva    rot.     in    all    elections   and    votes    to    be   entered    on    journal 

(S.C.  Ill  20.) 
Viva  voce  in  election  of  governor.     (Md.  II  4.) 
I  iva  voce  in  election  of  all  officers  whose  appointment  conferred 

upon   legislature  by  constitution.      (N.C.   II   0.) 
By   yeas   an!    nays   in   all   elections,   except    for   officers   and    em- 
ployees.    (Okla.  V  31.) 
Viva    voce  in   appointment   of  officers  civil  or  military  by  joint 
or    Goncurt  .  I    vote    of    both    houses    or    by    separate    vote    of 

either  house.      (Ark.  V  14.) 
Viva   to*,    all   elections   by  houpes  jointly  or  separately,  except 
in  election  of  officers.     (Tex.  Ill  41.) 
Pre^ic-in^  Officer  in  Joint  Elections 

President   of  senate  to  preside  and  decide  result.      (Ga.   Ill   10.) 

Of  Governor  to   Other  Office.  &'e"e  GoV'er'nor —  duALiFiCATiONS   and 

Disoiai  ii"  -  Dual  Office-Holding. 

Officers  to  Be  Elected 

No  ol  to  be  appointed  or  elected  by  legislature.     (111.  V  10; 

Xebr.  V  10;  W.Va.  VII  8.) 
Legislature  not  to  exercise  appointing  power,  except  as  provide:! 
in  constitution.     (Ohio  If  27.) 

I    any    other    than    own    officers,    state    librarian,    and 
Itates     enators;   but  section  not  to  prohibit  from  ap- 
inting  presidential  electors.      (Miss.   IV  J99.) 
Attorney-general.     (Me.  IX  11.) 
litor.      i  Va.    V   82.) 

■•nerals    may    be    elected    by    legislature    from    time    to 
lime   whenever   neT-sirv.       (Vt.    II    42.   43.) 
I  'omm'issary-general!     (\'.!l.   IT  60.) 

mptroiler.      ( X.J.   \'l!    S< •<•.    II    3;    Tenn.  VTT   3.) 

(Me.  \'  I't.  HI  1;  X.II.  II  (>!>;  Tenn.  Ill  17.) 
"imi-     (Me.  V   I't.   IV  1:   Ml.  VI    I;  X.II.  II  66;  N.J.  VII 

Sec.  II  3;   Tenn.  VII  3.) 


Index  Dkjkst 


LEGISLATURE    (Cont'd) 
Elections  uy    (Cont'd) 

Officers  to  Be  Elected    (Cont'd) 

Judges  of  supreme  court  of  appeals.     (Ya.  \'I  9l.) 
Judges  Of  supreme  court.      I  It. I.    X    I;    S.(  '.   V   2;    Yt.    II    12.) 
Judges   of   supreme   couH    of   errors   In   be   appointed    by    legis- 
lature upon   nomination  of  governor!      (Conn.   Amend.  26.) 
Judges  of   superior   court    to  lie  appointed    by   legislature   upon 

nomination  of  governor.      (Conn.   Amend.  26.) 
Judges  of  circuit  court.      (S.C.   Y    13;    Va.   \'l    96.') 
Judges  of  county  court.      (Yt.   II   42.') 
Judges  of  common   pleas  court.      (X.J.  YII    See.   II   2.) 
.Judges  of  city   court  of  record.      (  Ya.    \  1    !i!U 
Major-general  of  militia   appointed   by   senate   and    lower   house, 
each  having  a  negative  upon  oilier.      (.Mass.   IM.  II  <  h.   II   Sir.   1 

1(1;  Me.  Amend.  28.) 
Major-generals   may   be  elected    from    time   to   time  when    neces- 
sary, by   legislature.      (Yl.    II    12.    13.  | 
Naval   ollieers   to   be   elected    annually    bj     joinl    ballot.      (  M 

Pt!    II    ('!,.    II.   Sec.    [V    1.) 

State  librarian  elected  by  joint   vote  of  both  house's:      (  Vliss.   I\' 

106.) 
No  member  to  vote  for  any  oilier  member   for  any  oilier   what- 
ever,  except    as   provided    in    constitution.      (Tex.    Ill    Is.) 
Election  of  Members 
See  also  Elections. 
Contested  Elections 

To  lie  determined  as  directed  bv  law.     (Iowa  III  7;  Kv.  38;  Tex. 

Ill  8.) 
Trial    and    determination    of,    to    be    by    courts    of    law.   or    law- 
judge   thereof;    legislature   to    regulate   by   general    law.       (Pa. 

YIll   17.1 
To   prescribe  by   law  manner   in   which   evidence   to  be  taken    in 
case  of  contested   seats   in   either   house.      (Minn.    1\'    17.) 
Determination  of  Result 

Each  house  to  be  judge  of  election  of  own  members.      (Ariz.   I  \' 
S;   Colo.  V   10;   Me.'  IV   IM.   TIT  3;  N.M.   IV  7;    Pa.  II  9;    R.I. 

IV  6;   Tenn.  IT   11;   Tex.   Ill    8'j    Ctal.   \  I    lo';   Yt.    II    16.) 
Each    house    to    be    judge    of    election    of    own    members    as    pre 

scribed   by  constitution   and   law  Or  state.      (Ma.   Ill    19.) 
Each   house   to   be  judge  of   election    returns   of  Bwn   members. 

(N.D.   II    17;   S.C.   HI    11:   S.D.   Ill   ft.) 
Each!  house  to  be  judge  of  elections  and  returns  of  own  members. 

(Ala.  IV  51  :  Cal.  IV  7;  Del.  II  8:  Fla.  Ill  6;  Ga,  III  Sec.  YII 

1;  Ida.  TTI  0;   111.  IV  Slj    End.   IV  l6'j    iowd   1U   7:    Kan.   II    S; 

Kv.  3S;  La.  25;  Mass.  Pt.  11  Ch!  I  S,-.  []   !.  Sec.  II!   10;  Mich. 

V  15;  Minn.  IV  3-  Mis-.  I  \'  3g<  Mont.  Y  '.>;  X.hr.  Ill  7;  STev. 
LV  6;  X.II.  II  21,  34;  N.J.  IV  Sec.  [V  2;  N\Y.  MI  10;  X  ( '.  TI 
22;  Ohio  II  6;  Okla.  V  30';  Ore.  IY  11-.  Ya.  IY   17:  Wash.  II  7; 

\Y.Ya.  \  I  24;  Wis.  |\    7.1 


State  Consiitutions 


LEGISLATURE 

i;,  .-    [Cont'd) 

rmination    of   Result    [Cont'd) 

,,,,.,,  hoU8e  to  be  sole  judge  of  election  and  returns  of  own 
members.     (Ark.  V   11;   Mo.  IV  17.) 

,,„,,  bouse  to  be  judge  of  elections  and  returns  of  own  members; 
senate  to  determine  an.l  declare,  on  first  Wednesday  of  Jan- 
uan   annually,  who  are  elected  senators.     (Mass.  Pt.  II  Ch.  I 

Sec.   II    4,   See.   Ill    10.) 

Electors 

I  |ectors  of   respective  counties  or  districts.      (Ida.   HI  2;   Ind. 

IV  2;   Ohio  II  2;   Ore.  IV  3.) 
Qualified  electors.      (Ala.  IV  40;   Me.  IV  Pt.  I  4.  Pt.  II  1;  S.C. 

Ill  0;  Tex.  Ill  3,  4.) 

Qualified   electors   of   respective  districts.      (Ark.   V   2.  3;    Iowa 

Ml  3;  NYv.  IV  3,   t;   (tab  VI  3,  4;  Wis.  IV  4;  Wye.  XXI  IS.) 

Qualified  electors  as  prescribed.      (Mass.  Pt.  II  Ch.  I  See.  II  2, 

Amend.   Ill   32;    R.I.  II    I,  Amend.  XIII   1.) 
Voters  of  respective  districts.      (Va.  IV  41.  42.) 
Legal  voters  of  counties.     (X.J.  IV  Sec  II  1.  See.  Ill  1.) 
Qualified  voters  of  several  counties  and  districts.     (Mo.  IV  2,  5.) 
(  itizens   of   state   qualified   as   provided   in   constitution.      (S.C. 

Ill  2.  6.) 
Male  citizens  qualified  as  prescribed.      (Va.  II  IS,  21.) 
Every  male  of  21   years  of  age,  except  paupers  and  persons  ex- 
cused from  paying  taxes  at  own  request.     (X.II.  IT  27,  12.) 
Every  male  of  21   years   of   age  being  citizen   of  United   States 
and    resident    of    state    for    one    year    and    of    county    for    six 
months  next   preceding  (lection.      (Tenn.  IV  1.) 
Failure  of   People   to   Elect 

I I  tie  vote  occur   in   election   for  senators,  lower   house  to  elect. 

(Conn.  Amend.  ITT  Sec.  Ill  G.) 

It    in   any   district   no   senator   elected   by   plurality,  members  of 

lower    house   and    such    senators    as    declared    elected,   to   elect 

by    join!   ballol   one  of  two  persons  having  highest  number  of 

votes.      (N.H.  II   33.) 

1 1    failure   to   elect    senator,   lower   house   and   senators  elected  to 

eleci   by  joint  ballot   from  highest  number  of  persons  voted  for 

equal    to   twice  number   of   senators  deficient    in   each  district. 

(Me.    IV   Pt.   II   5;    Mass.   Pt.   II  Ch.  I  See.  IT  4.) 

Frequency 

Annual.      I  Mass.  Amend.   15.) 

\ r 1 1 ■  1 1 : 1 1    for   lower   house   and    for   one-half   of  senate.      (X..T.   IV 

Sec.  I  3.  See.  IT  2.  Sec.  Ill  1.) 

Biennial.      (Cal.   IV   3.  4;   Colo.  V  2;   Conn.  Amend.  XXVII   1; 

Ga.  Ill  Sec.   IV  2  ;   111.  I  V  2;   Mich.  V  12;  X.U.  IT  11.  26;  N.C. 

II  ::.  :>:  Ohio  II  2:   It. I.  Amend.  XVT  1;  Tenn.  II  7;  Vt.  IT  IS; 

Wyo.  TIT  3.) 

Biennial    for    lower    house    and    for    one  half    of    senate.       (Ark. 

\    2.  :'.;    I 'la.  Ill   .",.  VII   2:    Iowa  TTT  3.  0;  Ky.  31;  Md.  Ill  7; 

Mo.   IV    in-.   Nev.   IV  3.  4,  XVII    10;  Okla.  V  0,  10;   S.C.  Ill 


Index  Digest  .  ^s7 


LEGISLATURE    [Cont'd) 

Election  op  Members    [Cont'd) 
Frequency     [Cont'd) 

2,  8;   Utah  VI  3,  4;  Wash.   II  5,  6;  W.Va.  VI   3;   Wis.   [V  4, 

5.) 

Biennial   For  lower  house  and   for  one-half  of  senate,  but   entire 

senate  to  be  elected  after  each  apportionment.     (Minn.  IV  24.) 

Biennial  for  lower  house;  quadrennial  for  senate.     (Kan.  II  29; 

\  a     IV  41    42  ) 
Quadrennial.     (Ala.  [V  40.)  '      '; 

Minority   Representation 

Cumulative  voting  authorized  in  elections  of  members  of  lower 

D  .  ..'  .  _  .  house.     I  111.  IV  7,  8.) 

Return  and  Canvass  of  Vote 

Detailed  provisions  for  counting;  declaring,   returning  and  can- 
vassing vote.      (Conn.  Ill   5,  6;    Me.   I V   I'l.   I   5;    Mass.   I'l.  II 
Ch.  I  Sec.   II  2.  3;   VI.    II    37,  39.) 
Termination 

Shall  terminate  on  same  day.      (Teriri.   11   7.) 
Time 

As  provided  by  law.      (Miss.  IV  .".7.) 

To  be  fixed  by  legislature.      (Okla.  V   10.) 

General  election.     (Mo.  IV  10.) 

On  day  provided   by   law  for   holding  general   election   of   state 

officers  or  representatives  in  Congress.      (X.M.  IV  4.) 
On  day  provided  by  law  for  general  election  of  member  of  Con 

gress.     ( Wyo.  Ill  5.) 
First  Wednesday  of  January.      (Md.  Ill    14.) 
First   Thursday    in    August,    subject    to    change    bj     legislature. 

(N.C.   II  27.) 
First  Tuesday  in  October.      (Colo.  V  2.) 

Second  Tuesday  in  October,  except  years  of  presidential  election, 
then  to  be  on  Tuesday  next   after   first    Monday   in   November. 

(  [owa    III  3,  5.) 
First   Wednesday   in   October  until   changed   by   law.      (Ga.   Ill 

Sec.  IV  2.) 
In  month  of  November.      (X.I I.  II   11,  26.) 

First  Tuesday  after  first  Monday  in  November.      (Conn.  Amend. 

XXXI  1;  Fla.  Ill  3;  111.  IV  2;  Md.  Ill  7;  Mich.  V  12;  Xev.  IV 

3,  4;   N.J.   IV  Sec.  I  3;   Ohio  TI  2;    R.I.   Amend.   XVI    I;   S.C. 
III  8;  Tenn.  II  7;  Utah  VI  3;  Vt.   II  36;   Va.  IV   11.   12;  Wis. 

IV  4.) 
Tuesday  following  firs!    Monday  in   Xovember  of  cadi  even  year. 

(Wyo.  VI   Elections  5.) 
First   Tuesday   after    first   Monday   in   November,    unless   other- 
wise changed  by  law.     (Wash.  II  5;  W.Va.  IV  7.) 
First  Tuesday  after   first    Monday   in  November,  unless  changed 

by  legislature.     (Ala.  IV  46;  Cal.  IV  3,   h   XX'.  Ill   9 
Tuesday    after    first    Monday    in    November;    if    failure    to    elect 
representatives,  second  election  to  be  held   fourfh   Monday  of 
same  month.      (Mass.   Amend.    1.1.) 
Vacancies,  See  below,   this  till,.   V.\<  w.rF.s. 


Constitutions 


LEGISLATURE    [Cont'd) 

.  this  tiih.  Officebs. 

Appointment 

to  cl ae  own  employees.     (N.M.  IV  9;  S.D.  Ill  9; 

Utah  VI   12.) 
Compensation 
In  General 

.  I,   house   to   fix   pay   of  own   employees.      (S.D.  Ill  9.) 

I,,  be  fixed  by  legislature.     ( Ky.  249.) 

I,,  be  fixed  by  general  law  at  a  per  diem  for  time  actually 

employed  in  discharge  of  duties.     (Va.  IV  66.) 
I,,  be  prescribed  by  law;  no  payment  to  be  made  or  author- 
ize!  tu   any    such   person,   except    to   an    acting   employee 
elected  or  appointed  according  to  law.      (Ala.  IV  67;  Colo. 
V  27;   Mont.   V  285    Pa.   Ill   10;   Wyo.  Ill  29.) 
No  allowance  or  emolument  for  any  purpose  whatever  to  be 
paid    to    any    agent,   servant    or   employee   of   either   bouse, 
such   per  diem  as  may  be  provided  for  by  law.  not 
to  exceed  $5.     fMo,  IV  16.) 
Not    to   exceed    amoir.ils    specified.       (X..M.    IV   9.) 
Clerical  expenses  of,  senate  not   tq  exceed  $60  a  day  for  each 
-,.,n  urn  those  of  lower  house  $70  a  day  for,  each  session. 

(Ga.  Ill  8.) 
Total  expense  for  officers,  employees  and  attaches,  not  to  ex- 
ceed $500  per  diem  for  either  house  at  regular  session,  nor 
$200  per  diem   for  either  bouse  at  special  session.      (Cal. 

IV  23.) 
None  to  be   paid   unless  fixed  by  law  in  force  prior  to  elec- 
tion or  appointment   of  such  employee.      (Xev.   IV  28.) 
Inert  asi    or  Decrepsq 

l'a\  of  employee  or  attache  not  to  be  increased  after  election 

or  appointment.      (Cal.   I  V  23.) 
Not    to  be   increased  except   by  general   law.  which  shall   not 
take  effect   during  term  at   which  increase  made.      (Okla. 

V  49.) 
Not   to  he  increased  or  diminished  so  as  to  apply  to  any  em- 
ployee at  such  session:     (Nev.  IV  28.) 
Number 

To  prescribe  by  law  number  of,  of  each  hon.se.     (Ala.  IV  67;  Colo. 

\    -J7;   Mont.  V  28;   Pa.  Ill   10;  Wyo.  TTI  29.) 
To  prescribe  by  general  law  number,  of,  of  each  bouse,  including 

clerk.      (Va.  IV  66.) 
Not  to  exceed  specific  employees  enumerated.     (Ky.  249;  N.M.  IV 

9.) 
to  lie  increased  except  by  general  law,  which  shall  not  take 
died  during  term  at  which  Lnprease  made.     (Okla.  V  49.) 

in  it    to  employ   any  one   in    name   of  state  unless   au- 
thorized  h\    pre  -existing  law.      (Tex.   Ill  44.) 
Dui 

■;.     law   duties   of.    for    each    house.       (Ala.    IV    67; 
Colo.   \    27';    Moid.   V  ^S;    Pa.   Ill    10;  Wyo.  Ill  29.) 


l.\i)Kx    Dii.i-i  B89 


LEGISLATURE    (Cont'd) 

Expenses 

Of  Members,  See  below,   this   title,   Memheks       Compensation. 
Payment  of 

All  expenses  connected  with  session  may  be  paid  mil  of  treasury 
pursuant  to   resolution   in  that   behalf'.      (Del.    VIII    6.) 
Statement  of 

Auditor,    within    (lit   days    after   adjonrnniehi    of    each    session, 

to  prepare  and   publish   full   statemeirl    of  all  money  expended 

at  sueh  session,  specifying  anioiint   of  each  item  and  to  whom 

and  for  what  paid.      (III.  IV  17;   Miss*.  I V  ll.'i;   Net,.-.  HI  22.) 

General  Powebs 

To  have  all   powers  necessary  for  legislature  of   free   state.      (Ala. 

IV  53;   N..M.   IV  2;   N.D.  II  48;   Wy...    Ill    12.) 
Each   house  to  have   all   other   powers  necessary   for   branch   of   legis- 
lature of  free  state.      (Colo.   V    12;   Conn.   HI   8;    Del.   II   9j    End. 
IV    16;    Iowa   III   9;    Mont.    V    II;    Ore.    IV    17;    Pa,    II    11;    Tenn. 

II  12.) 
TO  make  all  laws  or  ordinances  Consistent    with  the  ((institution   aid 

not  repugnant  to  Constitution  of  the  United  States,  which  they  may 
deem  necessary  and  proper  for  welfare  of  state.      (<ia.   Ill   Sec.   VII 

22.) 

With   exceptions    stated,    to    have    full    power   to    make   and    establish 

all  reasonable  laws  and   regulations  for  benefit  of  people  of  stale 

not  repugnant  to  state  or  United  States  (  (institution.     (Me.  IV  Pt. 

III  1.) 
To  make,  ordain   and  establish  all  maimer  of   wholesome  and   reason 

able  orders,  laws,  statutes,  ordinances,  directions  and  instructions, 
either  with  penalties  or  without,  nod  repugnant  or  contrary  to 
constitution,  as  deemed  necessary.      (Ma-s.   I'i.   II   Ch.    I   Sec.   1    !; 

N'.II.   II 
Authority    to    extend    "to    all    rightful    subjects    of    legislation,    and 
any    specific    grant    of    authority    in    this    constitution,    upon 
subject    whatever,   shall    not    work    a    rest  rict  ion.    limitation,   or   ex- 
clusion  of  such  authority   upqn  the  same  or  any   other   subject    or 
subjects   whatever"'.      (Okla.    V    36f,) 
May  prepare  bills  and  enact  them  into  law,  redress  grievances,  grant 
charters    of    incorporation,    subject    to    provisions    of    constitution, 
constitute  towns,  boroughs,  cities  and  enmities  and   have  all   oth<  I 
power  necessary  for  a   free  and   sovereign   state,  but   no  power  to 
add    to,    alter,    abolish,    or    infringe    any    part    of    the    constitution 

(Vt.  II  6.) 
Halls  and  Rooms  ecu,  Furnishing  and  Repairing  of,  Set    Public  Con- 
tracts— Special  Contracts. 
Ixvestic.vi  ions    i;y 

Administer  Oaths  and  Affirmations 

Each   house  to  have   power   to.   in   matter   pending   before   them. 

(Vt.   II    14,   lit.) 
Resolution,  order  or  vote  tnaj  empower  legislate  committee  to. 

i  Miss.  l\   CO.) 


-  .        I  loNSTITUTIONS 


LEGISLATURE    [Cont'd) 

Investigations    v.x    [Cont'd) 
Attendance  of  Witnesses 

the  power  to  punish  a  person  assaulting  or  arresting  a  wit- 
ss  ordered  to  attend  house,  See  above,  this  title,  Contempts. 
h  house  may  enforce  obedience  to  its  processes.     (Ala.  IV  53; 
Ark.  V  12;  Colo.  V  12;  Pa.  II  11.) 

li  house  tn  have  power  to  compel  attendance  of  witnesses  upon 
investigation  held  by  itself  or  by  any  of  its  committees;  man- 
ner uf  exercising  such  power  to  be  provided  by  law.     (Fla.  Ill 

10.) 

General  Powers   in 

Set  also  above,  this  title,  Contempts. 

Resolution,  order  or  vote  may  empower  legislative  committee  to 
-.ml  for  persons  or  papers  and  generally  make  legislative  in- 
vestigations effective.     (Miss.  IV  60.) 

Lower  house  may  call  for  all  public  or  official  papers  and  records 
and  send  for  persons  necessary,  in  course  of  inquiry,  concerning 
affairs  relating  to  public  interests.     (Md.  III.  29.) 

Each  house  to  have  all  powers  necessary  to  obtain,  through  com- 
mittee or  otherwise,  information  affecting  legislative  action 
under  consideration  or  in  contemplation,  or  with  reference  to 
any  alleged  breach  of  peace  or  misconduct  of  member,  and  to 
that  end  to  enforce  attendance  and  testimony  of  witnesses  and 
production  of  books  and  papers.      (Ohio  II  8.) 

.May  punish  for  contempt,  disobedience  of  process,  or  contuma- 
cious or  disorderly  conduct.  (Extends  to  investigations  by 
either  house,  committee  thereof  duly  authorized  by  house  cre- 
ating it.  joint  sessions,  and  joint  committees  when  author- 
ized by  joint  resolution.)  (Okla.  V  42.) 
Refusal  of  Witness  to  Attend 

I  n  h  house,  during  session,  may  punish  by  fine  or  imprisonment 
any  person  hot  a  member  guilty  of  a  refusal  to  obey  its  lawful 
summons;  but  such  imprisonment  not  to  extend  beyond  final 
adjournment  of  session.      (Fla.  Ill  !).) 

Each   bouse  may  punish  for  contempt  person  refusing  to  attend 
as  witness  or  to  bring  any  paper  to  be  used  as  evidence  before 
legislature,    or    either    house,    or    committee    of    either,    or    to 
testify  concerning  matter  which  may  lie  proper  subject  of  in- 
quiry by  legislature;   punishment    and  procedure  in  such  case 
to  be  prescribed   by  law,  but   imprisonment  not  to  extend  be- 
yond session.      (Ky.  39.) 
I  Ml-l   \c  HMENT,   8(  e    I  Ml'i:  Mil  WENT. 
JOUBIS  \1. 

Contents 

Amendments   to  bills   and  votes  thereon,  See  Legislative  Pro- 
cedure— Amendment  of  Bills. 

Bills  and  joint   resolutions,  See  Legislative  Procedure — Intro- 
duction of  Bills. 


Index  Digest  891 


LEGISLATURE    (Cont'd) 
Journal    (Cont'd) 

Contents    (Cont'd) 

Objections  of  governor  to  bill.  See   Legislative   Procedure 

Veto  of  Bills. 
Proposed  amendments  to  constitution.  See  Amendment  or   Re 

vision  of  Constitution. 
Note  dispensing  with  reading  of  bill,  See  Legislative  Peocedi  be 

—  Readings  of  Bills. 
Vote  on  bills,  See  Legislative  Procedure  —  Passage  of  Bills. 
Vote   on    elections    by    legislature,    See   above,    this    title,    Kin 

TIONS    BY. 

Vote    on    vetoed    bills,    Sec    Legislative    Prockdurk — Passage 

oveb  Veto. 

,  Yeas  and  nays  on  any  question,  Her.   below,   this  title,  VOTING. 

English  Language 

Legislative  written  proceedings  to  be.  promulgated  and  preserved 

in.     (La.  165;   Mich.  MI  6.) 
Filing  of 

To  be  filed  with  secretary   of   state  at    close  of  session.      (X.M. 

IV    12.) 
Original   journal   to   be   preserved   after   publication   in   office   of 

secretary  of  state.      (Ga.  Ill  Sec.  VII  5.) 
Original   journal   to  be   preserved   after   publication    in   office   of 
secretary  of  state,  but  "  there  shall  be  required  no  other  record 

thereof".      (La.  30.) 
Keeping  Required 

Each  house  to  keep  journal  of  its  proceedings.  (Ala.  IV  55; 
Ariz.  IV  10;  Ark.  V  12;  Gal.  IV  10;  Colo.  V  13;  Conn.  Ill  9; 
Del.  II  10;  Fla.  Ill  12;  Ga.  Ill  Sec.  VII  4;  Ida.  Ill  13;  111. 
IV  10;  Ind.  IV  12;  Iowa  III  9;  Kan.  II  10;  Ky.  40;  La.  30; 
Me.  IV  Pt.  Ill  5;  Md.  Ill  22;  Mich.  V  16;  Minn.  IV  5;  Miss. 
IV  55;  Mo.  IV  42;  Mont.  V  12;  Nebr.  IIT  S;  Xev.  IV  11;  N.J. 
IV  Sec.  IV  4;  N.M.  IV  12;  N.Y.  Ill  11;  NX.  II  16;  XI).  II  19; 
Ohio  II  9;  Okla.  V  30;  Ore.  IV  13;  Pa.  II  12;  K.I.  IV  8;  S.C. 
Ill  22;  S.D.  Ill  13;  Tex.  Ill  12;  Utah  VI  14;  Va.  I V  19; 
Wash.  II   11;  W.Va.  VI  41;  Wis.   IV  10;   Wyo.  Ill   13.) 

Publication   Required 
General  Rule 

To  be  published.      (Cal.  IV   Hi;    Ida.   Ill    12;    III.   IV    10;    Ind. 

IV  10;  Iowa  III  9;  Kan    II  10;   Aid.  Ill  22;  Mich.  V  16; 

Nebr.  Ill  8;  Xev.  IV  14;  N.Y.  HI   11;  Ohio  II  9;    lYnn.  II 

21;  Utah  VI  14;  Wash.  II  11;  Wis.  IV  10.) 

To  be  published   daily.      ( Ky.   40.) 

To  be  published  from  time  to  time.     (Ark.  V  12;  Me.  IV  Pt. 

III  5;  Miss.  IV  55;   Mo.  IV   12;   Minn.  IV  5;  X.J.   IV  Sec. 

IV  4;   Okla.   V  30;    Pa.  IT   12;    S.I).    Ill    13;    Va.    IV    19.) 
To  be  published  immediately  after  adjournment.     (Ala.  IV 

55;  Del.  II  10;  Ga.   Ill   See.  VII  4;  La.  30;  S.C.  Ill  22.) 


State  l\ institutions 


LEGISLATURE    (Cont'd) 
''iD 
Publication  Required   ((  o'nt'd) 
I    Rifle    [Cont'd) 

be  printed  and  made  public  immediately  after  adjourn- 
ment,     (N.C  II   1G.) 
To  be  printed  and  published  immediately  after  each  adjourn- 
ment or  prorogation.     (X.1I.  II  23.) 
["o  be  printed  and  published  tinder  authority  of  secretary  of 
state  at  close  of  session.      (X.M.  IV  12.) 

h  house  may,  in  its  discretion,  publish  from  time  to  time. 
(Colo.   V    13;    M.mt.   V    12;   Wyo.   Ill   13.) 
Co  be  published  when   requested  by  one-fifth  of  members  of 

house.       (Conn.    Ill    9.) 
Votes  and  proceedings  to  be  printed  when  one-third  of  mem- 
bers of  either  house  deem  necessary,  as  soon  as  convenient 

after  session.      (Vt.  II  9.) 
Legislative  written   proceedings  to  he  promulgated  and  pre- 
served in   English  Language.     (La.  165;   Mich.  XVI.) 
Exceptions 

Such  parts  as  require  secrecy.  (Ala.  IV  55;  Ark.  V  12; 
Colo.  V  13:  Del.  II  10;  Me.  IV  Pt.  Ill  5;  Mich.  V  16; 
Miss.  IV  55;  Mont.  V  12;  Xehr.  Ill  8;  N.  Y.  Ill  11;  Pa. 
II    12;    S:C.    Ill   22;    8.1).   Ill    13;    Wash.   II    11;    Wis.   IV 

10;  Wyo.  Ill  13.) 
Sueh    parts    as    in    judgment    of   majority    of    house    require 

secrecy.      (Conn.  Ill  9.) 
Such  parts  as  welfare  of  state  may  require  to  be  kept  secret. 

(Tenn.    II   21.) 
In  case  of  executive  sessions.      (Utah  VI   1-1.) 

I.IJIISI.ATIVK     POWER     VESTED 

Sei     Also    I  Mm  i:ii;r  i  ion    of    PoiVEBS. 
S>  I     al30    lNITJATlVK   AND    REFERENDUM. 

In    senate    and    house    of    representatives.       (Ida.    Ill    1;    Kan.    II    1; 
Mich.   V    1;    Minn.  IV   I;   X.1I.  II  2;   X.C.  II   1;   Ohio  II   1;   Okla. 

V  1;  Wash.  II   1.) 
In    senate    and    house    of    represent  at  ives,    each    1ii   have   negative   on 
oilier.      (Me.    |\    Pt   I    l;    .Mass.  Pt.  II  Ch.  I  Sec.  1    1.) 
enate  and  assembly.     (Nev.   IV  1;  X.Y.  Ill  1;  Wis.  IV  1.) 
I"  senate  and  general  assembly.     (N.J.  IV  Sec.  ]   ].) 
In     enate  and   house  of  delegates.      (W.Va.  VI    1.) 

nate  and  house  of  representatives,  to  he  designated  the  legisla- 
ture.     (Ha.  Jl!   ];  X.M.  IV  1;  Itah  VI  1;  Wyo.  TIT  1.) 
In    ->h:>ir   an<|    hou^e   of   representatives,   to   he  designated   the   legis- 
lative I   .     (\;|).  i|  25   (1914)   52.) 
penate  and    house  of  representatives  to  .he  styled  the  general  as- 
W-     fponn,   IIll;  Ky.  29;  R.c.  Ill  1.) 

'"■    cpn   is^ing    of    senate    and    house    of    representatives. 
'•Ma.    IV    II;   Ariz.    IV    1;    Xehr.  Ill    1;    Miss.   IV  33;   S.D.  Ill   I; 

Tex.  Ill   1.) 


I.\hK.\   Digest       .  893 


LEGISLATURE,   {Cont'd) 

Legislative    Power    Vested    (Cont'd) 

In  legislature  consisting  of  senate  and  assembly.      (Cal.   IV  1.) 

In  general   assembly  to  consisl    of  senate  and   house  of   representa- 

tives.       (Ark.   V    1;    Colo.    V    1;    Del.    II    1;    Ca.    Ill    1;    111.    IV    1; 
Ind.   IV   1;    Iowa  111   1;    La.  21;    .Mo.   IV    1;    Pa.    II    1;   R.I.   1\'  2; 

Tenri.   II   3;    Vt.   II  2.  6.) 
In   general    assembly    to   consist    of    senate    and    house   of    delegates. 

(.M<1.    Ill    1;    Va.    1\'   40.) 
In  legislative  assembly  consisting  of  senate  and  bouse  of  representa- 
tives.     (Mont.    V    1;.  Ore.    IV    1.) 
Words  "legislative  assembly  shall  provide"  or  similar  or  equivalent 
words  in  constitution  or  amendment  thereto,  not  to  he  construed 
to  grant  to  legislature  exclusive  power  of  lawmaking  or  in  any  way 
to  limit  initiative  and  referendum  powers  reserved  by  people.    (Ore. 

II  18.) 
Lobbying 

To  enact  laws  and  adopt  rules  prohibiting,  on   floor  of  either  house. 

(Ariz.    XX 11    lit.) 
Declared   to   be   crime;    legislature   to   enforce   provision    h\    suitable 

penalties.  (Ca.  I  Sec.  II  5.) 
Defined  and  declared  to  be  felony;  legislature  to  provide  by  law  for 
punishment  thereof.  Any  person  compellable  to  testify  in  lawful 
investigation  or  judicial  proceedings  against  person  (barged  with; 
testimony  not  to  be  withheld  on  ground  that  it  may  incriminate 
or  subject  to  public  infamy  but  not  to  be  used  against  him  in 
judicial  proceedings,  except  for  perjury  in  giving  it.  (Cal.  IV  35.) 
No  state  or  county  official,  during  term  of  office,  to  accept  directly 
or  indirectly  any  fee,  office,  appointment,  employment,  reward  or 
thing  of  value,  or  of  personal  advantage,  or  the  promise  thereof, 
to  lobby  for  or  against  any  pending  measure,  or  to  give  or  withhold 
bis  influence  to  secure  passage  or  defeat    of  such  measure.      (Ala. 

IV   101.) 
Members 

Appointment  of 

Prohibited.      (Ky.   152.) 
Appointment  to  Office  Prohibited,  See  below,   this   title,  Qtjalifn  \ 

TTONS      AND      DISQUALIFICATIONS      OF      MEMBERS  —  DUAL      OfFICE- 

I  [OLDING. 

Apportionment,  See  above,   this  title',  Apportionment  of  Mem 
Arrest,  Privilege  from 

See  also  helow,-  this  subdivision.  Civil.  PROCESS,  PRIVILEGE  from. 
General  Rule 

During  session.      (Va.  IV  48.) 

During  session  and  in  going  to  and  returning  from  same. 
(Del.  II  13;  Ida.  Til  7;  ill.  IV  14;  Iowa  III  11:  Kan. 
II  22;  La.  2S ;  Me.  IV  Pt.  Ill  8;  Ohio  11  12;  Okla.  V  22; 
Ore.  IV  9;  S.D.  Ill  11;  Tenn.  IT  Kb) 
During  session  and  in  going  to  and  returning  from  same 
(allowing  one  day    for   every  20  miles   such    men  Vr   may 


State  Constitutions 


LEGISLATURE    (Cont'd) 
.Mi  t?d) 

Arrest,   Privilege   from    (Cont'd) 
ral   Rule    (Cont'd) 
reside    from    place    at     which    legislature    is    convened). 

(Tex.  Ill  14.) 
During  attendance  at  .sessions  and  in  going  to  and  returning 
from   same.      (Ala.   IV   56;    Ark.    V   15;    Colo.  V    16;    Ga. 

III  Sec.  VII  3;  End.  IV  8;  Ky.  43;  Minn.  IV  8;  Mont.  V 
15;  N.J.  IV  See.  IV  8;  X.M.  IV  13;  X.D.  II  42;  Pa.  II  15; 

Wyo.   Ill   16.) 

During    session    and    for    10    days    before    and    after    same. 

(VV.Va.    VI    17.) 

To  be  protected  in  person  and  estate  during  attendance,  in 
going  to  and  returning  from  legislature,  and  10  days 
before  and   after  session.      (S.C.  Ill   14.) 

During  session  and  for  15  days  next  before  commence- 
ment thereof.      (Ariz  IV  Pt.  II  0;  Wash.  II  10.) 

During  session,  for  15  days  next  preceding  each  session, 
and    in   returning  therefrom.      (Utah  VI  8.) 

During  session  and  for  15  days  next  before  commence- 
ment and  after  termination  thereof.  (Cal.  IV  11;  Mich. 
V  S;  Miss.  IV  4S;  Mo.  XIV  12;  Xebr.  Ill  12;  Wis.  IV  15.) 
Exceptions 

Treason.      (Ala.  IV  56;  Ark.  V  15;  Ariz.  IV  Pt.  II  6;   Cal. 

IV  11;    Colo.    V    16;    Del.    II    13;    Ga.    Ill    Sec.    VII    3; 

Ida.  Ill  7;  111.  IV  14;  Ind.  IV  8;  Iowa  III  11;  Ky.  43; 
La.  28;   Me.  IV  Pt.  Ill  8;  Mich.  V  S;  Minn.  IV  8;  Miss. 

IV  IS.  Mo.  XIV  12;  Mont.  V  15;  Xebr.  Ill  12;  X.J.  IV 
Sec.  1\ •  s;  X.M.  IV  13;  X.D.  II  42;  Ohio  II  12;  Okla.  V 
22;  Ore.  IV  9 ;   Pa.  II  15;  S.C.  III  14;  S.D.  Ill  11;  Tenn. 

II  13;  Tex.  Ill  14;  Utah  VI  S;  Va.  IV  4S;  Wash.  II  16; 
W.Va.   VI    17;   Wis.   IV   15;   Wyo.   Ill    16.) 

Felony.      (Ala.    IV  56;   Ark.  V   15;   Ariz.  IV  Pt.  II  6;   Cal. 
IV  11;  Colo.  V  10;   Del.  II  13;  Ga.  Ill  Sec.  VII  3;  Ida. 

III  7;  HI.  IV  14;  Ind.  IV  8;  Iowa  III  11;  Kan.  II  22;  Ky. 
43;  La.  28;  Me.  IV  Pt.  Ill  8;  Mich.  V  8;  Minn.  IV  S;  Miss. 

IV    48;    Mo.    XIV    12;    Mont.    V    15;    Xebr.    Ill    12;    X.J. 

IV  Sec.  IV  8;  X.M.  TV  13;  X.D.  II  42;  Ohio  II  12;  Okla. 

V  22;  Ore.  IV  9;  Pa.  II  15;  S.C.  Ill  14;  S.D.  Ill  11; 
Tenn.  II  13;  Tex.  Ill  14;  Utah  VI  S;  Va.  IV  48;  Wash. 
II    10;    W.Va.   VI    17;    Wis.   TV    15;   Wyo.   Ill    16.) 

Breach  of  peace.      (Ala.   IV  56;   Ariz.  IV  Pt.  II  0;   Cal.  IV 
11.    Del.  II   13;  Ga.  Ill  Sec.  VII  3;  Ida.  Ill  7;  111.  IV  14 
Ind.    I\ •    s;    Ipwa    III    11;    Kan.   II   22;    Ky.   43;    La.   28 
Me.   IV   I't.   Ill   s;    Mi.h.  V  S;   Minn.  TV  8;   Miss.  IV  48 
Mo.  XIV  12;  Mont.  V  15;  Xebr.  Ill  12;  X.J.  TV  Sec.  IV  8 
N.M.   IV   13;  Ohio  II   12;  Okla.  V  22;  Ore.  IV  9;  S.C.  Ill 
I';    S.D.    Ill    11;    Tenn.    II    13;   Tex.   Ill   14;   Utah  VI   8; 
Va.    IV    IS;    Wash.    II    10;    W.Va.    VI    17;    Wis.    IV    15; 

Wyo.  Ill  16.) 


Index  Digest  895 


LEGISLATURE    (Cont'd) 

Members   (Cont'd) 

Arrest,   Privilege   from    (Cont'd) 
Exceptions     ( Von  t'd) 

Breach  of  surely  of  peace.      (Ky.  43.) 

Breach  of  surely  of  peace.     (Ark.   V   15  j   Colo.   V    16;    Pa. 

II  1.1.) 

Violation  of  oath  of  office:     (Ala.  IV  56;  Colo.  V   lti;   Mont. 

V  15;   Pa.  II   15;   Wyo.   Ill    l(i.) 
Larceny.     (Ga.  Ill  Sec  VII   ;s.) 
Theft.      (Miss.  IV  48.) 
Attendance  at  Sessions,  Compelling,  Nee  below,  this  title,  Qi  oi:r.\i 
Powers  of  Smaller  Number. 

Books  Not  to  be  Purchased  for 

No  book,  or  other  printed  matter,  not  appertaining  to  business 
of  session,  to  be  purchased  or  subscribed  for  at  public  expense 
for  use  of  members,  or  distributed  among  them.      (  Md.  Ill  lfl.) 

Bribery 

See  also  below,  this  subdivision,  Corrupt  Solicitation  of. 
As  disqualification,  .See  also   below,   this   title,    QUALIFICATIONS 

and   Disqualifications  of  Members. 
For  the  power   to  protect  members  from  offers  of  bribery,  See 

below,  this  subdivision,  Protection  op. 
In  General 

Defined;   to  be  punished  as  provided  by  law.      (Ala.  IV  70, 

80;  Del.  II  22.) 
Defined;  to  be  felony  and  punishable  as  such.  (Ark.  V  35.) 
Defined,  to  be  punished  according  to  law  and  member  guiltj 

thereof  to  forfeit  office.     (Tex.  XVI  41.) 
Bribery  and  solicitation  of  bribery  defined;   to  be  punished 

by  fine  or  imprisonment.      (N.M.  IV   39,  40.) 
Legislature  to  provide  by  law  for  punishment  of,  conviction 
of,  to  disfranchise  forever  and  to  disqualify  from  holding 
office  of  trust  or  profit  in  state.      (Md.  Ill  50.) 
Defined;   conviction  of,  to  disqualify   from  holding  office  or 
position  of  trust  or  profit  in  state,  in   addition  to  punish- 
ment provided  by  law.      (S.I).  Ill  28.) 
Defined;   conviction  of,  to  disqualify   from   holding  office  or 
position  of  honor,  trust   or  prpfil    in   state,  in   addition   to 
punishment  provided  by  law.     (Pa.  Ml  29,  30,  32;  Wash. 

II  30';  Wyo.  Ill  43,  44.) 
Defined  and  declared  to  be  felony  i  member  con\iclcd  of,  in 
addition  to  punishment  as  provided  by  law,  to  be  dis- 
franchised and  forever  disqualified  from  holding  any  office 
or  public  trust'.  (Cal.  IV  35.) 
Bribery  and  solicitation  of  bribery  defined;  person  convicted 
Of  either  to  be  expelled,  if  a  member,  and  to  be  ineligible 
thereafter  to  legislature  and  liable  to  sm-h  further  penaltj 
as  prescribed  by  law.      (N.D.   II    10.) 


I.    CONSTITl   CIONS 


LEGISLATURE    [Cont'd) 
Mi  I'd) 

Bribery    i  ( 'on  I 

hi   General    [Conf'd) 

Bribery  and  solicitation  pi  bribery  defined;   member  guilty 
ither,  to  be  expelled  and  thereafter  ineligible  to  legis- 
lature and  liable  to  further  penalty  as  prescribed  by  law. 
Guilty  person  not  member  to  be  punished  as  provided  by 
law.  '  (Colo.  V   1(),  41,  XII  0;  Mont.  V  41,  42.) 
Denned;   person  convicted  /thereof,  by  court  or  by  house  of 
which  a  member  or  office?,  to  be  disqualiiied  forever  from 
holding  any  office,  state,  parochial  or  municipal,  and  to  be 
forever  ineligible  to  legislature;  provision  not  to  prevent 
legislature  from  enacting  additional  penalty.      (La.   183.) 
To  provide  for  punishment  by  imprisonment  of  person  brib- 
ing or  attempting  to  bribe  member,  or  member  demanding 
or    receiving   bribe;    person    convicted    of,    to    be    disquali- 
lied  forever  from  holding  Qffifte  of  honor,  trust  or  profit  in 

state.  (W.Va.  VI  45.) 
Each  house  during  session  may  punish  any  person  offering 
or  giving  bribe  to  member,  or  attempting  by  corrupt 
means  to  advise  or  influence  member  to  cast  or  withhold 
vote;  punishment  and  procedure  to  be  prescribed  by  law, 
but  imprisonment  not  to  extend  beyond  session.  (Ky.  39.) 
II  i  lilt  SSi  s 

Any  person  compellable  to  testify  in  lawful  investigation 
or  judicial  proceeding  against  person  charged  with;  testi- 
mony not  to  lie  withheld  on  ground  that  it  may  incrim- 
inate or  subject  to  public  infamy,  but  not  to  be  used 
against  him  in  judicial  proceeding,  except  for  perjury  in 
giving  it.  (Gal.  IV  35;  La.  1S4;  N.M.  IV  41;  Pa.  Ill 
82;  S.I).  Ill  2S;  Wash.  II  30;  Wyo.  Ill  44.) 
Any  person  may  be  compelled  by  law  to  testify,  but  to  be 
exempt  from  trial  and  punishment  for  offenses  of  which 
guilty  and  concerning  which  compelled  to  testify.      (W.Va. 

VI  45.) 

To   provide  by  law   for  compelling  any  person   to  testify   in 

bribery   proceedings,  but    such   person  to  be  exempi    from 

(rial    and    punishment    for    (he    offense    of    wliich    guilty. 

(Md.  Ill  50.) 
Civil  Process,  Privilege  from 

Move,  this  subdivision,  Arrest,  Privilege  from. 
Noi    to   be   arrested    or   held    for   bail    oil    mesne   process   during, 
going  to  or   returning  from   attendance  upon   sessions.      (N.H. 

II    20.) 

'"  '"    arrpsted   or  held   on   mesne  process  during  session  or 

in    going    to    or    reluming    from    same.       (Mass.    Pt.    II    Oh.    I 

Sec.  ITT  10,  11.) 


Index  JJk.ksi  897 


LEGISLATURE    {Cont'd) 
Members   (Cont'd) 

Civil  Process,  Privilege   from    (Cont'd,) 

Person  bo  be  exempt  from  arresl  or  from  attachment  in  any  civil 

action  daring  session  and  two  days  before  commence nt  and 

after   terminal  inn   thereof;    process   served   contrary    herein   to 

be  void;     (  i:.l.  IV  5.) 

Privileged  from  arrest  on,  during  session  and  for  four  days  before 

commencemenl  and  after)  termination  theieofi     (Conn,  lil  10.) 

Not  liable  to.  during   session   nor  during    10  days   nexl    before 

commencemenl    thereof.      (Ida.   Ill   7.) 
Xot   subject    to,    during    session    nor    for    L5    days    nexl    before 
commencement    thereof.      (Ariz.    IV    l't.    II    (i -.    hid.    I V   8;   Ore. 

1\   9;  Wash.  !1   16.) 
Xot  subject  to   service   of.  during   session   or    for    15   days    pre- 
vious to   its  commencement.      (Kan.    il    22.) 
Privileged  from  arrest  on,  during  session  and   for    15  days  nexl 

before  commencement.      ( Xev.    IV    11.) 
Xot   subject    to,    during    session    and    for    15    days    next    before 
commencement    and    after   termination    thereof.      (Cal.    I V    11; 

Mich.   \    8;    Wis.    [V    L5.) 

Xot    subject    to    arrest    under,    during    sessions    nor    for    15    days 

next  before  commencement  of  after  termination  thereof.      (Va. 

IV    is. i 

To  be  protected  in  person  and  estate  during  attendance  in  going 

to    and    returning    from    legislature    and    10    day-    before    and 

after  session.     (S.C.  Ill   14.) 
Classification  of  Senators 

Senate  to  be  so  classified  thai  one-half  of  number,  as  nearly  as 
practicable!,  elected  every  two  years.  (Colo.  V  5 :  Iowa  11!  6; 
Mont.   V  4:   Xev.   XVII   9,    10;    \'.1>.    II    30;    S.<  .    Ill    8;    Va. 

Sched.  10.) 
First  senators  divided  in  two  classes  with  respecl  to  term  of 
office  so  thai  thereafter  one-half  of  senate,  as  nearly  as  prac- 
ticable, elected  biennially.  (Ark.  Y  3;  Cal.  IV  5;  Del.  Sched. 
3-  Fla.  VI  1  2;  111.  [V  II:  Ky.  Ml:  Md.  [II  8 j  Okla.  V  9; 
Pa.  Sched.  3,  4:   Wash.    II  6;    V  .Va.   VI    3;    Wis.    I\    5;    Wyo. 

Ill  2.) 
First   senators-  divided  into  two  classes  with   respecl    to  term  of 
oilice.   so  thai    thereafter  one-half  of   senate,   as   nearly   as   pos- 
sible, chosen  biennially.     If  number  increased,  new  senators  to 
be   annexed    by    (ol    Lo  one  of   classes   as   equally   as   possible. 
(Ind.  JTV  3;   Ore.  IV   4:    ("tali   \  I    !. 
Classified  with  respecl  to  term  of  office  so  thai  one-half  of  Benate 
elected. biennially,  bul    entire  senate  to  be  elected   after  each 
new  apportionment.      (Minn.   H  24.) 
Xew  senate  to  be  chosen  after  ever\  apportionment  and  senators 
then   elected   divided   by   lot    into  twq  classes,  one   class  with 
term  of  tWo  years  with  term  of  four  years,  so  that 

thereafter    half    of   senate   chosen    biennially.      (Tex.    Ill 

29 


State  Constitutions 


LEGISLATURE    (Cont'd) 

Mi  \ir.i  B  t'd ' 

Classification    of    Senators    (Cont'd) 

r  first  election  senators  divided  into  three  classes  with  terms 
of  one,  two  and  three  years  respectively,  so  that  thereafter  one 
class  elected  annually,      i  N.J.  IV  See.  II  2.) 
Compensation 

President  of  Senate.    See  below,  this  title,  President  of  Sen- 
ate; See  Lieutenant-Governor. 
Speaker  of  House,  See  below,  this  title,  Speaker  of  House. 

Ill     (,■  in  nil 

As  provided  by  law.      (Ind.  IV  29;  Iowa  III  25;   Minn.  IV 

7:    Miss.   IV  46;    Xev.  1\T  33.) 
\v  provided  by  law,  but  no  legislature  to  fix  its  own  com- 
pensation.     (Mont.  V  5;  Wyo.  Ill  6.) 
Fixed   compensation   to  be  prescribed  by   law   and  no  other 
allowance  or  perquisites  either  in  payment  of  postage  or 

otherwise.      (Ohio  II  31.) 
To   receive  such   salary  and  mileage  for  regular  and  special 
sessions  as  fixed  by  law  and  no  other  compensation  what- 
ever,   whether    for    service    upon    committee    or    otherwise. 

(Pa.  II  S.) 
'J'n    receive    no    pay    or    perquisites    other    than    salary    and 

mileage.      (Xcbr.  HI  4.) 
To  receive  no  other  pay  or  perquisites  except  per  diem  and 

mileage.    (S.D.  Ill  6.) 
To  "receive  no  compensation,  perquisite  or  allowance,  what- 
ever,   except    as    provided    in    constitution.       (Ark.    V    16 
(1914)  ;   Colo.  V  6    (1914).) 
Salary 

In  case  of  failure  to  organize,  See  above,  this  title,  Sessions 

—  Failure  to  Organize. 
As  prescribed  by  law.     (111.  IV  21;  Me.  IV  Pt.  Ill  7;   Va. 

IV  45.) 

Per  diem  fixed  by  law.  but  not  to  receive  any  compensation 

for    more    than    40    days    of    any    one    session.       (S.C.    Ill 

19,  9.) 
To  be  fixed  by  Law,  but  nol   to  be  allowed  for  period  exceed- 
ing  60   days   at   regular    session   or   for   period   exceeding 
30  days  al   extra  session.      (Ya.  IV  45,  46.) 
Three  dollars  a  day  from  commencement  of  session  but  not 
to  exceed   in   aggregate  $120  for  any  one  session.      (Ore. 

IV  29.) 
Three  dollars  for  each  day's  actual  service  but  not  to  exceed 

in  aggregate  $150  for  regular  session.     (Kan.  II  3.) 
Four  dollars  per  diem.     (Ala.  IV  49;  W.Va.  VI  33.) 
Not    to  exceed   $4   a  day.      (Ga.   HI   9.) 

So  much  per  diem  as  legislature  may  provide,  not  exceeding 

$4.      (Utah  VI  9.) 


J.M>F..\     DlGKST  89'9 


LEGISLATURE    (Cont'd) 
Members   (Cont'd) 

Compensation    (Cont'd) 
Salary     (Cont'd) 

Four  dollars  a  day  for  cadi  day  of  session,  for  a  period  not 
exceeding    60    days;    if    longer    in    session    to    receive    no 
compensation.      (N.C.  II  28.) 
Four   dollars   per   day,   but   not   to   be   paid    for    more    than 
75  days  of  regular  session  or  20  days  of  extra  session,  or 
for    any    day    when    absent    unless    physically    unable    to 
attend.      (Tenn.  II  23.) 
Five  dollars  a  day.     (N.D.  II  45.) 
Five  dollars  for  each  day's  attendance  during  session.     (Ky. 

42;  La.  29;  N.M.  IV  10;  S.D.  Ill  6;  Wash.  II  23.) 
Five  dollars  a  day  for  every  day  attended,  but  not  for  days 
absent,  unless  absent  on  account  of  sickness  or  by  leave 

of  house.     (Md.  Ill  15.) 

Not  exceeding  $5  a  day  from  commencement  of  session  but 

not  to  exceed  in  aggregate  $300  for  any  one  session.     (Ida. 

Ill  23.) 

Five   dollars   for   every   day   of   actual   attendance   for   not 

exceeding    60    days'    attendance    in    any    calendar    year. 

(R.I.  Amend.  XI  1.) 

Five  dollars  a  day   for  each  day  of  session   not   exceeding 

60  days;  no  compensation  for  longer  session.    (Del.  II  15.) 

As  may  from  time  to  time  be  provided  by  law  not  exceeding 

$5  a  day  for  the  first  60  days  of  each  session  and  after 

that   not   exceeding   $2   a   day   for   remainder   of   session. 

(Tex.  Ill  24.) 
As  provided  by  law  but  not  to  exceed  $5  per  diem  for  first 
70  days  of  each  session  and  after  that  not  to  exceed 
$1  per  diem  for  remainder  of  session,  except  during  revis- 
ing session,  when  they  may  receive  $5  per  diem  for  120 
days  and  $1  a  day  for  remainder  of  session.  (Mo.  IV  16.) 
Not  to  exceed  $6  a  dav  for  each  day  of  session.      (Fla.  Ill 

4.) 
Six  dollars  per  diem  during  first  60  days  of  regular  session; 
if   session   extended,   to   serve   thereafter   without    furt hel- 
per diem.     (Ark.  V  16,  1914.) 
Six  dollars   per   diem   for   first   60   days   of   session;    there- 
after, $2  per  diem  during  session.      (Okla.  V  21.) 
Seven  dollars  per  diem,  until  otherwise  provided  by  law; 
but  salary  to  be   paid  for  period    not   to  exceed   60  days 
in  any  one  session.     (Ariz.  IV  Pt.  II  22.) 
Two  hundred  dollars  for  each  member  seasonably  attending 

and  not  departing  without  license.      (N'.II.  TT  14.) 
Not    to    exceed    S300    for    term    for    which    elected.       (Conn. 

Amend.  XXVII   3.) 
Five  hundred  dollars  for  and  during  regular  session.     (Wis. 

TV  21.) 


ate  Constitutions 


LEGISLATURE    (font 
:s   [Corn 
Compensation    (Cont'd) 
dory    (Cont'd) 

Five  hundred  dollars  annually  during  time  for  which  elected 
and  while  office  is  held;  no  other  allowance  or  emolument 
for   any  purpose.      (N.J.  IV  Sec.  IV  7.) 
six  hundred  dollars  for  each  regular  session  during   their 

term.      (Nebr.  Ill  4.) 
Eight  hundred  dollars  for  regular  session.     (Mich.  V  9.) 
One  thousand  dollars  for  each  regular  session  to  be  paid  at 
such  times  during  session   as  prescribed  by   law.      (Cal. 

IV  23.) 
Until  otherwise  provided  by  law,  $1,000  for  each  biennial 
period,  payable  at  rate  of  $7  per  day  during  both  regular 
and  special  session,  and  remainder,  if  any,  payable  on  first 
day  of  last  month  of  biennial  period.  No  legislature  to 
fix  its  own  compensation.  (Colo.  V  6  (1914).) 
To  receive  an  annual  salary  of  $1,500.      (N.Y.  Ill  6.) 

Expenses 

I'ntil  otherwise  provided  by  law,  all  actual  and  necessary 
traveling  expenses  to  be  paid  after  incurred  and  audited. 
Xo  legislature  to  fix  its  own   compensation.     (Colo.  V  6 

(1914).) 

Cost   for   stationery   and   other   supplies   not  to   exceed   $25 

for  regular  session  or  $10  for  special   session.      (Del.  II 

15.) 
Appropriation  may  be  made  for  annual  expenses  incurred 
for  express  charges,  newspapers  and  stationery  not  exceed- 
ing $60  for  any  general  or  special  session.     (Nev.  IV  33.) 
Fifty  dollars  per  session,  to  be  in  full  for  postage,  stationery, 
newspaper  and  all  other  incidental  expenses  and  purposes; 
mileage  as  prescribed  by  law.      (111.  IV  21.) 
Expenses  of  members  of  lower  house  in  traveling  to  legis- 
lature and  returning  therefrom  once  in  each  session  and 
no  more  to  be  paid  to  each  member  who  seasonably  attends 
in  judgment  of  house  and  does  not  depart  without  leave. 

(Me.  IV  Pt.  Ill  7.) 
To   receive    traveling   expenses    and   mileage   "  not   greater 
than  now  provided  by  law";  may  receive  at  regular  ses- 
sion $30  for  all  stationery,  postage  and  other  incidentals 

and  perquisites.     (Mo.  IV  16.) 
Five  cents  per  mile  in  going  to  and  returning  from  seat  of 

government.      (La.   29.) 
Five  cents  per  mile  for  ordinary  route  of  travel  in  going  to 

and  returning  from  place  of  session.     (S.C.  Ill  19.) 
Eight  cents  per  mile  in  going  to  and  returning  from  ses- 
sions.    (R.I.  Amend  XI  1.) 


Index  Digest  901 


LEGISLATURE    {Cont'd) 

Members   (Cont'd) 

Compensation    (Cont'd) 
Expenses    (Cont'd) 

Ten  cents  for  each  mile  of  necessary  travel  in  going  to  and 

returning  from   session's  on  most   usual   route.      (Ala.   IV 

49;   Ga.  Ill  Sec.   IX    1;   Xebr.   Ill   4;    \\M.  IV  10;    N.i  .    II 

28;  X'.D.  II  45;  Okla.  V  21;   S.D.  Ill   6;   Wash.   II   23.) 

Ten  cents  per  mile  for  each  mile  traveled  in  going  to  and 

returning  from  seat  of  government  over  most  direct  and 

practicable  route.     (Ark.  V  16   (1914).) 

Ten  cents  a  mile  each  way  by  usual  traveled  route;  if  pass 

•     used,  number  of  miles  traveled  on  pass  to  be  deducted. 

(Ida.  Ill  23.) 
One  dollar  for  each  10  miles  traveled  in  going  to  and  re- 
turning from  place  of  meeting,  once  each  session,  by  most 

usual  route.      (X.Y.  Ill  6.) 

Mileage  to  and  from  the  seat  of  government  by  nearest  and 

most  practicable  route,  not  to  exceed  10  cents  a  mile,  each 

way.   (Fla.  Ill  4.) 
As  fixed  by  law,  but  not  to  exceed   10  cents  a  mile;   each 
member  to  be  allowed  contingent  expenses  not  exceeding 
$25   for   each   regular   session.      (Cal.    IV   23.) 
Such  mileage  as  legislature  may  provide,  not  exceeding   10 
cents  per  mile  for  distance  necessarily  traveled  going  to 
and  returning  from  place  of  meeting  on  most  usual  mute; 
to  receive  no  other  pay  or  perquisite,     (Utah  VI  9.) 
Ten   cents   a  mile   for   one   round   trip   to.    session    by   usual 
traveled  route;  to  be  entitled  to  one  copy  of  laws,  journal 
and  documents  of  legislature  of  which  a  member,  but  not 
to  receive  at  expense  of  state,  books,  newspapers  or  per- 
quisites not  especially  authorized  by  constitution.     (Mich. 

V  9.) 
Ten  cents  for  each  mil**  traveled  in  coming  to  and  returning 
from  seat  of  government  by  most  direct  route:  no  other  al- 
lowance or  emolument  to  be  paid  directly  or  indirectly  for 
postage,    stationery,    newspaper    or    any    other    purpose. 

(W.  Va.  VI  33.) 
Ten  cents  for  every  mile  traveled  in  going  to  and  returning 
from  place  of  meeting  on  most  usual  mute:  no  stationery, 
newspapers,  postage  or  other  purposes,  except  salary  and 
mileage  as  provided,  to  be  received  from  state  or  in  any 
other  manner  as  such  member.  (Wis.  IV  21.) 
Fifteen  cents  for  each  mile  necessarily  traveled  in  going  to 
and  returning  from  seat  of  governments     (Kan.  II  3:  Kv 

42.1 

Three  dollars   for   each    20   miles   traveled   in  going  to   and 

returning   from   place   of   meeting  on   mosi    usual    route. 

(Ore.   IV  29.) 


State  Constitutions 


LEGISLATURE    (Cont'd) 

Ml.Ml;l    .  I'd) 

Compensation  (Cont'd) 
•  uses  (Cont'd) 
I,,   receive  such  mileage  as  allowed  by  law,  not  exceeding 

20  cents  per  mile-.     (Md.  Ill  15.) 
To  receive  mileage  one  way  by  shortest  practicable  route  at 

rate  of  20  rents  per  mile.     (Ariz.  IV  Pt.  II  22.) 
Four  dollars  for  every  25  miles  traveling  to  and  from  seat 

of  government.     (Tenn.  II  23.) 
To  receive  one  mileage  each  way  at  rate  of  25  cents  per 

mile.      (Conn.  Amend.   XXVII   3.) 
.Mileage    not    to    exceed    $5    for    each    25    miles,    distance 

to   be   determined   by    table   prepared   by    comptroller    of 

state.      (Tex.  Ill  24.) 

8p(  r  ial  Sessions 

To  be  same  as  at  regular  sessions.     (Md.  Ill  15.) 
To  receive  only  usual  per  diem  and  mileage.     (Utah  VI  16.) 
To  receive  same  compensation  as  fixed  by  law  for  regular 

session.     (S.C.  Ill  19.) 

To  receive  same  mileage  and  per  diem  compensation  as  fixed 

by  law  for  regular  session  and  no  other.      (Iowa  III  25.) 

To   receive   same   compensation    as   for   regular   session   for 

period  not  exceeding  20  days.      (X.C.  II  28.) 
Three  dollars  a  day.      (Ore.  IV  29.) 
Three  dollars  for  each  day's  actual  service,  but  not  to  exceed 

in    aggregate    .$90.       (Kan.    II    3.) 
Additional  compensation  of  $3  a  day  for  period  not  exceed- 
ing 15  days  and  usual  mileage.     (X.H.  II  14.) 
Three    dollars    per    diem    for    first    15    days,    no    compensa- 
tion for  longer  period.     To  receive  same  mileage  as  pro- 
vided for  regular  sessions.     (Ark.  V  16   (1914).) 
Salary  of  $5  a  day  and  mileage  as  allowed  for  regular  ses- 
sion.    (Ida.  Ill  23.) 
Xot  more  than  10  cents  mileage  and  per  diem  of  not  exceed- 
ing $5.    '(Miss.  IV  36.) 
Salary   of   $5    a    day    for    first   20   days    and   nothing   there- 
after;    to   receive  mileage  as   in   case  of   regular   session. 

(Mich.  V  9.) 
Five  dollars  a  day  during  session  for  period  not  exceeding 
30   days;    cost   for    stationery   and    other   supplies   not   to 

exceed  $10.      (Del.  II  15.) 
1 1  ti    dollars    per   diem    for    period    not    exceeding    30    days. 

(Cal.  IV  23.) 
When   senate  alone  convened  in  extraordinary  session  sena- 
tes io  receive  additional  allowance  of  $10  a  day.     (X.Y. 

Ill  6.) 
I"  receive  mileage  al    same  rate  as  in  case  of  regular  ses- 
sion.    (Conn.  Amend.  XXVII  3.) 


Index  Digest  903 


LEGISLATURE    (Cont'd) 
Members  (Cont'd) 

Compensation    (Cont'd) 

Special   Sessions    (Cont'd) 

Xo   additional   compensation   to   be   allowed,   directlj    or   in- 
directly, except  for  mileage,     i  Wis.  IV  21.) 
To  receive  traveling  expenses  and  mileage  "  no!  greater  than 
now   provided   by  law  ":    not   to   be   entitled    to   Buch   ex 
penses    for   extra    sessions    called    within    one   daj    after 
adjournment  of  regulai    session.      (Mo.   IV    16.) 
Mileage  as  in  case  of  regular  session,  l>ut  no  member  to  lie 
entitled  to   mileage  for  extra  sessions   called  within   one 
day  of   adjournment  of  regular  or  called  session.      (Tex. 

Ill    24.) 

Appropriation  may  be  made  for  annual  expenses  incurred  for 

express  charges,  newspapers  and  stationery  not  exceeding 

$60.     (Nev.  IV  33.) 
During  Recess 

Xot  to  receive  pay  for  any  recess  for  longer  time  than  three 

days.     (Cal.  IV  14.) 
Wh&i  Sitting  as  Court  of  Impeachment 

Senators  to  receive  $4  per  day  of  actual  attendance.     (Tenn. 

II  23.) 

To  receive  only  usual  per  diem  and  mileage  when    regular 

session,    trying    cases    of    impeachment,    exceeds    60    days. 

(Utah  VI  16.) 
Increase  or  Decrease 

May  be  increased   or   decreased,  but  no   alteration  to  take 
effect  during  session  at  which  made.      (Ky.  42;  Miss.  IV 

46.) 
Legislature  to  provide  for  no  increase  of  salaries  to  take 
effect  before  session  of  next  legislature.      (Ark.  XIX  11.) 
Increase  not  to  take  effect  at  session  at  which  increase  was 

made.     (Ind.  IV  29.) 
Xo   legislature  to  have  power  to   increase  compensation  of 

its  members.     (Iowa  III  25.) 
Xo  legislature  to  have  power  to  increase  per  diem  of  own 

members.     (S.C.  Ill  19.) 
Xot  to  be  changed  during  term  for  which  elected.      (111.   IV 

21.) 
Increase  not  to  take  effect  during  term    tor  which  member 

elected.     (Xev.  IV  33.) 
Xo  change  in  compensation  of  members  to  take  effect  during 

their  term  of  office.      (Ohio  II  31.) 

Xo   law  increasing   salary   to   lake  effect    until    after  end   of 

term     for    which    members    voting    thereon    were    elected. 

(Va.   l\     1.',.) 

Xot  to  receive,  during  term  for  which  elected,  any  increase 

of  salary  or  mileage  under  law  passed  during  such  term. 

(Ark.  Y   9;    Colo.   V   !»-.    Mont.  V  S;    Pa.    II    8;    Wyo.    Ill 

9.1 


State  .4  Institutions 


«;ISLATURE    (Cont'd) 
t'd) 
Compensation    (Cont'd) 

Increase  or  Decrease    (Con I'd) 

Increase  not    to  lake  effect    during  exist  once  of   legislature 

which  enacted  increase.      (Me.   IV  Ft'.  Ill  7.) 
No  increase  to  take  effect  during  period  for  which  member 
of  existing  lower  house  may  have  been  elected.      (Minn. 

IV  7.) 
Not  to  be  changed  .luring  term  for  which  elected,  but  legis- 
lature to  regulate,  by  general  law,  in  what  cases  and  what 
deduction  to  be  made  for  neglect  of  official  duties.     (Ky. 

235. ) 

tification   and  Publication   of 

and  mileage  allowed  to  each  member  to  be  certified  by 
speaker  of  respective  house,  entered  on  journal,  and  pub- 
lished   at    close  of   session.       (111.   IV  21.) 

How   Paid 

May  be  paid  out  of  treasury  pursuant  to  resolution  in  that 

behalf.      (Del.  VIII  6.) 

Corrupt  Solicitation  of 

See  also  above,   this  subdivision,  Bribery. 

As  disqualification,   See   below,    lliis   title,   Qualifications   and 

Disqualifications  of  Members. 
For   the  power   to   protect    members   from   corrupt   solicitation, 
:  ■    below,  this  subdivision,  Protection  of. 

In   G-t  10 ■ml 

To  be  defined  by  law  and  to  be  punishable  by  fine  and  im- 
prisonment. (Ala.  IV  81;  Colo.  V  42;  Mont.  V  43.) 
To  be  defined  by  law  and  punished  by  fine  and  imprison- 
ment; conviction  of,  to  disqualify  from  holding  office  or 
position  of  trust  or  profit  in  state.  (S.D.  Ill  28.) 
L'o  be  defined  by  law  and  punished  by  fine  and  imprison- 
ment :  conviction  of,  to  disqualify  from  holding  office  or 
position  of  honor,  trust   or  profit  in  state.      (Pa.  Ill  31, 

32;  Wash.  II  30;  Wyo.  Ill  44,  45.) 
Witnet 

Any  person  compellable  to  testify  in  lawful  investigation  or 
judicial    proceeding    against    person    charged    with;    testi- 

i j    nol    to  be  withheld  on  ground  that  it  may  inerimi- 

ite    or    subject    to    public    infamy,   but   not   to    be   used 

against   him   in  judicial  proceeding,  except  for  perjury  in 

ring  it.      (Cal.    IV   35;   Pa.  TIT  32;   S.D.  Ill  28;   Wash. 

II  30;   Wyo.  Ill  44.) 
Disqualified   from  Acting   as   Counsel 

to   receive,   directly   or   indirectly,   a    fee,   or   be  engaged   as 
ii-cl.        en1    or    attorney    in    prosecution    of    claim    against 

state.      (Ore.  XV  7.) 


I.\i)i;x  Dh.i-.h  90i 


LEGISLATURE    (Cont'd) 
Members   [Cont'd] 

Disqualified   from   Acting   as    Counsel    (Cont'd) 

STol  to  receive  fee  or  award  to  introduce  or  advocate  any  bill, 
petition  or  <»tlier  business  to  be  transacted  in  legislature  or  ad- 
vocate any  clause  as  counsel  in  either  bouse,  except  when 
employed  on  behalf  of  stale.  (Vt.  II  12.) 
Xot  to  take  any  fee  or  reward  or  he  counsel  in  measure 
pending  before  either  bouse  under  penality  of  suspension  from 
seat  upon  proof  thereof  to   satisfaction   of  house  of  which  a 

member,      i  Miss.    IV    17.  i 

Not  to  take  fees  or   be  of   counsel    in   any   cause   before  either 

branch  of  the  legislature;   upon   due   proof   thereof   seal    to  be 

vacated.     i.X.ll.   II   7.) 
Not   to  take  fee  or  be  of  counsel  in  case  pending  before  either 
bouse  under  penalty  of  forfeiting    aeal    upon    proof  thereof  to 
satisfaction  of  bouse  of  winch   a   member.      (R.I.    IV   4.) 
District  Represented,  See  above,  this  title,   .\itoktio.\mi..\  i  oi    Mi  u 

BER.S. 

Election,  See  above,   this  title,   Electiqh  of  Members. 
Expulsion  of 

As   <lix<ju<iUfic<ii;<,it.    See   belpw,    litis    litl*.   (.ir.u.iih  itions   a.m. 

DlSQUAI.ll'K'ATlO.NS    OF    MEMBERS. 

Rule 

Each  bouse  may  expel  by  vote  of  two-thirds  of  house.      (Ga. 

Ill   See.  VII  1.) 

Each    house    may    expel    with    concurrence    of    two-thirds. 

(Ariz.   IV   Pt.II    11;    Mont.    V    11:    X .J .    IV    See.    IV    3; 

N.D.  II  48;  Okla.  V  30  j  Va.  IV  47;  Wyo.  HI    12.) 

Each  house  with  concurrence  of  two-thirds  of  all  members 

present,   may   expel.    (Fla.    Ill    <i.  | 
Each  house  may  expel  for  good  cause  4im\n.  with  concur- 
rence of  two-thirds  of  all   members.      (Ida.    Ill    11.) 
Each  house  may  expel  with  concurrence  of  two-thirds  of  all 
its   members   elected.      (t'al.    IV    9;    Del.    II    it;    La.    25; 

.Mich.   V   IT);    Xev.   IV  6.) 
Each  bouse,  with  concurrence  of  two-thirds  of  all  the  mem- 
bers elected,  may  expel  for  cause.      (Utah  VI    10.) 
Each   house   may   expel,   but    not   for   causes   known    t.>    con 

stituents  antecedent  to  election.  (N't.  II  14.  19.) 
Each  house  may.  with  concurrence  of  two-third-,  expel,  but 
not  a  second  time  for  same  cause.  (Ala.  IV  53 ;  Ark. 
V  12;  Colo,  y  12;  Conn.  Ill  8;  lnd.  IV  14;  Eowa  III  9; 
Ky.  39;  Me.  IV  Pt.  Ill  4;  .Minn.  IV  4;  XAI.  [V  11;  Ohio 
118;  Ore.  IV  15;  Pa.  II  11;  R.I.  IV  7.  S.C.  Ill   12.  Tenn. 

II    12;    Tex.    Ill    11.) 
Each   house,    with    concurrence    of    two-thirds    of    members 
elected  thereto,  may  expel,  but  not   twice  foi   same  offens 
(111.  TV  9;   .Md.   Ill   1.9;    Mo.   IV   17;   Xehr.   HI   7;   Wash. 

II  9;   V \Va.  VI   25.;   Wis.   I\    8 


-    lti    Constitutions 


LEGISLATURE    [Cont'd) 
Mi.-  iFd) 

Expulsion  of    (Cont'd) 
t'd) 
Each  house  may  expel  with  concurrence  of  two-thirds  of  all 
members    elected;    reasons    for    expulsion    to    be    entered 
upon  journal  with  names  of  members  voting;  no  member  to 
be  expelled  a  second  time  for  same  cause.     (Mich.  IV  15.) 
Each    house   may    expo]    with   concurrence   of   two-thirds   of 
members    present,    but    no    member,    unless    expelled    for 
theft,  bribery  or  corruption,  to  be  expelled  a  second  time 
for  same  offense.      (Miss.  IV  55.) 

ect 

Not   a  bar  to  criminal  prosecution.      (X.M.  IV  11.) 
Proceedings  to  expel  for  criminal  offense,  whether  successful 
or    not.    not    to    bar    indictment    and    punishment    under 
criminal    law   for   same   offense.      (Ark.   V   36.) 
Freedom  of  Speech 

For  the  power  to  punish  a  person  for  threatening  or  assaulting 
•i  member  for  any  speech  in  either  house,  See  above,  this  title, 

Contempts. 

Not  to  be  questioned  in  any  other  place  for  any  speech  or  debate 

in  either  house.      (Ala.  IV  56;   Ark.  V  15;   Colo.  V  16;   Conn. 

Ill   10;  Del.  II  13;  111.  IV  14;  Ind.  IV  8;  Kan.  II  22;  Ky.  43; 

La.  28;    Mich.  V  8;   Minn.  IV  S;   Mo.  XIV  12;   Mont.  V   15; 

X..I.    IV   Sec.   IV   8;    X.M.   IV    13;    X.Y.   Ill    12;    X.D.   II   42; 

Ohio   II   12;   Okla.  V  22;   Pa.  II   15;   R.I.  IV  5;    S.D.  Ill   11; 

lenn.   II    13;  Utah  VI  8;  Va.  IV  48;  Wyo.  Ill   16.) 

Not    to   he   questioned   in   any   other   place  for  words   spoken    in 

debate  in  either  house.     (Ida.  Ill  7;  Ore.  IV  9;  Tex.  Ill  21.) 

Not   to   he   liable  to   answer   for   anything   spoken   in   debate  in 

either  house  in   any  court  or  place  elsewhere.      (Ga.  Ill  Sec. 

VII  3;  Me.  IV  Pt.  Ill  8.) 
Not    to   he  liable  in   any   civil   or  criminal  action  whatever   for 
words   spoken    in    debate.      (Ariz.   IV   Pt.    II    7;    Md.   Ill    IS; 
Nehr.  II  r  23;  Wash.  II  17;  Wis.  IV  16.) 
"For  words  spoken  in  debate,  or  any  report,  motion  or  propo- 
sition  made  in   either   house '',   not   to   be   questioned   in   any 

other  place.      (W.  Va.  VI   17.) 

Freedom    of   speech   and   debate,   or    proceedings   in   legislature, 

oughl   not  to  he  impeached  in  any  court  of  judicature.      (Md. 

D.R.  10.) 

Deliberation,    speech    and   debate  cannot  be   foundation  of   any 

action,  complaint   or  prosecution  in  any  other  court  or  place 

whatever.      (XT.H.  I  30.) 

Deliberation,  speech  or  debate  in  house  cannot  be  foundation  of 

anj    accusation    <>r    prosecution,    action   or   complaint,    in    any 

other   court   <>v   place  whatever.      (Mass.   Pt.   I   21;   Vt.   I    14.) 

Ineligible  to  Office,    See  below,  this  title.  Qualifications  and  Dis- 

QUALOTI   mONS    ol      M  KM  P.ERS  —  DUAL    OFFICE-HOLDING. 


India-   Digest  90' 


LEGISLATURE    (Cont'd) 
Members   (Cont'd) 

Interest  in  Bill,  Personal  or  Private 

To  disclose  fact  to  house  of  which  a  member  and  not  to  \*<u 
thereon.  (Ala.  IV  82;  Coltf  V  43;  Del.  II  20;  La.  52;  Mont. 
V   44;    Okla.   V  24;    Pa.   ill    33;    Tex.    Ill    22;    Wash.   II    30; 

W  yo.   Ill  46.) 
To  disclose  fact  to  house  and  not  to  rote  t hereon  under  pain  of 

expulsion.      (Ky.   57.) 
To  disclose  faet  to  house  and  not  to  vote  thereon  without  con- 
sent of  house.     (N.I).  II  43.) 
Interest  in  Contracts 

Public  contracts  generally  and  state  contracts,  See  PUBLIC  CON- 
TRACTS. 
Contracts  of  counties,  cities,  etc..  See   the  specific   title. 
As  disqualification,  See  below,   this   title.  Qualifications  and 

Disqualifications  of  Membj  bs. 

Neglect  of  Duty 

Legislature  to  provide  by  general  law  in  what  cases  and  what 
deductions  in  salary  to  be  made  for  neglect  of  official  duties. 

I  Ky.  ■>:>,:>. ) 

Number 

For  apportionment  of  members,  See  above,  this  title,  APPOBTKWS 

me .\t  of  Members. 
In  Aggregate 

Aggregate  number  of  both  houses  not  to  exceed  75.      (New 

XV  6.) 
Lower  House 

Thirty-four,  but  may  be  increased  by  legislature  to  number 

not  exceeding  GO.      (Ore.  IV  2.) 
Thirty-five.     (Del.  II  2.) 

Thirty-five  until  otherwise  provided  by  law.      (Ariz.   IV  Pt. 

II  1.) 

Forty-five;   may  be  increased  by  legislature,  but   not  to  be 

less  than  twice  nor  greater  than  three  times  number  of 

senators.     (Utah  IX  3.) 
Forty-nine.      (N.M.  IV  3.) 

Forty-nine,  which  may  be  increased  by  legislature,  but  ag- 
gregate number  of   senators   and   representatives   not   to 

exceed   100.      (Col...   Y  46.) 
Fifty-five,  until  otherwise  provided   by  law.      (Mont.  V  4.) 
Sixty-five,  subject  to  be  increased  by  subsequent   apportion- 
ments.     (W.Ya.  VI  2.) 
One   hundred    and    nine,    until    otherwise    provided    by    law. 

(Okla.    V    10.) 
One  hundred  and  twenty.     (X.C  II  5.) 
One  hundred  and   twenty-four.      (S.C.    Ill    3.) 
One  hundred  and  thirty-three;  may  be  decreased  to  not   less 

than  100.     (Miss.  XIII  254,  256.) 


State  Cons-jtittions 


LEGISLATURE    {Cont'd) 
Cont'd) 
Number    [Cont'd) 

■  ,■  House   i  Cont'd) 

One   hundred    and   forty-three,   until   apportionment   made. 

(Mo.  IV  8.) 
I  Ine  hundred  and  fifty-one.     (Me.  IV  Pt.  I  2.) 
Two  hundred.      (Ea.  II   17.) 

Two   hundred   and   forty.      (Mass.   Amend.   XXI.) 
N.,t   to  exceed  6U.      (N.J.  IV  Sec.  Ill   1.) 
Not  to  exceed  6S;   but  new  county  entitled  to  one  member 
in  excess  of  that  limit  until  next  apportionment.      (Fla. 

VII   2,   4.) 
Not    to  exceed   75   until  population   of   state   1,500,000,   and 

never  to  exceed  99.      (Tenn.   II  5.) 
Not  to  exceed  100.     (Ind.  IV  2;  K.I.  Amend.  XIII  1.) 
To  be  regulated  by  law,  but  not  to  exceed  100.    (Nebr.  Ill  3.) 
Not  to  exceed  105,  provided  that  in  addition  to  such  number 
each  new  county   to  be  entitled  to   one  member;    number 
to  be  fixed  by  legislature  at  first  session  after  each  decen- 
nial United   States  census.      (Ala.   IV   50.) 
Not  to  exceed  10S.      (Iowa  III  35.) 

Not  to  exceed  120,  but  new  parish  to  be  entitled  to  one 
representative  in  addition  to  the  maximum  until  next 
apportionment,  at  which  time  maximum  to  be  restored. 

(La.  18.) 
To  be  regulated  by  lawr  but  not  to  exceed  125.  (Kan.  112.) 
May  be  increased  by  any  legislature  at  any  apportionment, 

but  not  to  exceed   150.      (Tex.  Ill   2.) 
Not  to  exceed  ISO.      (Ga.  Ill  Sec.  Ill   1    (1914).) 
Not  less  than  54  nor  more  than  100.      (Wis.  IV  2.) 
To  be  fixed   by  legislature   after   each  decennial   census  by 
state  and  also  after  federal  census,  but  not  less  than  60 
nor   more   than    140.      (N.D.   II    32,    35.) 
Not   less  than  63  nor  more  than  99.      (Wash.  II  2.) 
Not  less  than  64  nor  more  than  100.      (Mich.  V  3.) 
Not   loss  than  73  nor  more  than  100.      (Ark.  VIII  1.) 
Not  less  than  75  nor  more  than  135.      (S.D.  Ill  2.) 
Not  less  than  90  nor  more  than  100.      ( Va.  IV  42. ) 
Every   inhabited   town  to  elect  one  representative.      (Vt.  II 

13.) 
To  lie  prescribed  by  law,  but  not  to  exceed  one  member  for 

<ach  2,000  inhabitants.     (Minn.  IV  2.) 
To  be  not   less  than   twice  nor  more  than   three  times  the 
number   of   the   senate;    first   house   33   members.      (Wyo. 

Ill  3.) 
Three  times  number  of  members  of  senate.  (111.  IV  7,  8.) 
Not  to  exceed  three  times  number  of  senators.     (Ida.  Ill  2.) 


Lxdkx    I>u;kst  909 


LEGISLATURE    (Cont'd) 
Members   (Cont'd) 
Number    (Cont'd) 
Senate 

One  member  for  each  county.     (Ida.  Ill  2;  N..I.  IV  Sec.  II 

1  ;   S.C.  Ill  6.) 
One  senator  from  each  town  and  city  of  slate.      (  I!. I.  V  I  1.) 
First  senate  1(5  members.      (Wyo.  Ill  3.) 
Sixteen,    until    otherwise    provided    by    law.       I  Mont.    V    4.) 
Sixteen,  but  may  be  increased  by  legislature  to  number  not 

exceeding  30.      (Ore.  IV  2.) 
Seventeen.     (Del.  11  2.) 

Eighteen;    may  be  increased    by   legislature,  but  not  to  ex- 
ceed 30.     (Utah  IX  3.) 
Nineteen,  until   otherwise  provided   by   law.      (Ariz.   IV  Pt. 

II    1  ) 
Twenty -four.      (N.H.  II  24;   N.M.    IV  3.) 

Twenty-four,   subject   to  be  increased    by   subsequent   appor- 
tionments   as    prescribed.      (W.Va.    VI    2.) 
Twenty-six,  which  may  be  increased   by  legislature,  but  ag- 
gregate   number    of    senators    and    representatives    not   to 

exceed  100.      (Colo.  V  46.) 
Thirty.      (Vt.  II  IS.) 
Thirty-one.      (Tex.   Ill   2.) 
Thirty-two.      (Mich.   V  2.) 
Thirty- four.      (Mo.   IV  5.) 
Forty.      (Cal.  IV  5;  -Mass.  Amend.  XXXII.) 
Forty-four.      (Ga.  Ill  Sec.  II  1.) 

Forty-five;  may  be  decreased  to  not  less  than  30;  new 
countv,  in  spite  of  maximum  limitation,  to  have  one 
representative    until    next    apportionment.       (Miss.    XIII 

255,  256.) 

Fifty.      (N.C.  II  3;   Pa.   II    Hi.) 

Fifty,  subject  to  be  increased  if  at  time  of  any  apportion- 
ment countv  having  three  or  more  senators  is  entitled  to 

additional  ones.     (N.Y.  Ill  2.  4.) 

Fifty.     X umber  may  be   increased  by  legislature,  but  to  be 

not    less    than    one-third    nor   more   than   one-half   of    lower 

house.      (Iowa   III  34,  6.) 

Not  to  exceed  32.      (Fla.  VII  2.) 

To  be  regulated  by  law.  but  not  to  exceed  33.      (Nebr.  Ill  3.) 

Not  to  exceed   35;    to  be  not    less  than   one-fourth,  or  more 

than    one-third    of    number    of    members    of    lower    house. 

(Ala.  IV  50,  IX  197.) 

To  be  regulated  by  law  but  not  to  exceed  40.      (Kan.  II  2.) 

Not  to  exceed   44;   except   that,  if  at   time  of  apportionment 

any   county   is  entitled    to  three   or   more,  such   number   lo 

be  given  in  addition  to  the  44.      (Okla.  V  9,  9a.) 

Not  to  exceed  50.      I  1ml.   IV  2:) 


State  Gowstiii  i|ons 


LEGISLATURE    (Cont'd) 
Mej  it'd) 

Number    [Cont'd) 

I  'ont'd) 
Not    to    exceed    one-third    the    number    of    representatives. 

(Tenn.  II  6.) 
As    prescribed   by    law    but    not    to   exceed    one   member   for 

every   5,000   inhabitants.      (.Minn.   IV  2.) 
Not  less  than  20  nor  more  than  31.      (Me.  II  Pt.  II  1.) 
Not     less    than    24    nor    more    than    36.      (Conn.    Amend. 

XXXI  1.) 
Not  less  than  25  nor  more  than  45.      (S.D.  Ill  2.) 
l?o  I"'  fixed  by  legislature  after  each  decennial  enumeration 
li\   state  and   also  after  each  federal  census,  but  to  be  not 
less  than  30  nor  more  than  50.      (N.D.  II  26,  29.) 
Not  less  than  33  nor  more  than  40.      (Va.  IV  41.) 
Not  less  than  36  nor  more  than  41.      (La.  19.) 
Not  less  than  one-fourth  nor  more  than  one-third  of  number 

of    members    oi    lower    house.       (Wis.    IV    2.) 
Not    less  than  one-third  nor  more  than  one-half  number  of 
lower  house      (Nev.  IV  5;    Wash.  112.) 

Oath  of  Office 

.1  dministration   of 

To    be    taken    in    hall    of    house    to    which    elected.       (Colo. 

XII  7.) 
Bj  members-elecl  of  either  house.  (N.J.  IV  Sec.  VIII  1.) 
Members   of   legislature   empowered   to    administer   oath   to 

each  other.      (Iowa  III  32.) 
To  he  taken  before  governor  and  council.      ( Me.  IX  1;  Mass. 

Pt.  II  Ch.  VI  1 ;  X.li.  II  84. ) 
By  governor,  secretary  of  stale  or  judge  of  supreme  court. 

(Ore.  IV  31.) 

Mil}   be  administered  by  governor,  secretary  of  state,  judge 

of  supreme  courl  or  presiding  officer  of  either  house.    (Ida. 

Ill  25.) 
By  secretary  of  state  or  in  his  absence  by  attorney-general. 

(R.I.  IX  5.) 

By  judge  of  supreme  or  circuit  court  or  presiding  officer  of 

either    house,    in    hall    of    house    to   which    elected.      (S.D. 

Ill   S.) 

By  judge  of  supreme  or  circuit   court,  or  if  organized,  by 

presiding  officer  of  either  house,  in  hall  of  house  to  which 

elected.      (Mo.  IV   15.) 
Bj    judge  of  supreme  or  circuit   court,  in  hall  of  house  to 

which  elected.     (111.  IV  5.) 
By  judge  of  supreme  court   or  of  common  pleas,  in  hall  of 
house  to  which  member  elected.     (Pa.  VII  1.) 

judge  of  supreme  courl    or  justice  of   peace  in  hall   of 
house  to  which  elected.      (Wyo,  VI,  Elections  9.) 


Indkx  Digest  91.1 


LEGISLATURE    {Cont'd) 
Members   [Cont'd) 

Oath  of  Office    [Cont'd) 

Administration   of    [Cont'd) 

By  judge  of  supreme  court,  <>r.  in  his  absence,  by  person 
authorized  to  administer,  in  hall  of  house  to  which  elected. 

(Okla.  XV  2.) 
By  judge  of  supreme  court  of  appeals,  "i   of  a  circuit  court 
or  by  person  authorized  to  administer  an  oath,  in  hall  of 
house    to   which    elected.       (W.Va.    VI    16.) 
Affirmation  Allowed.      (Ala.  Wl  279;  Ark.  \1\  20;  Cal.  XX  3; 
Colo.   XII   7;    Conn.    X    1;    Del.    XIV;    l'la.    XV]    2;    111.    IV   5; 
Ida.  Ill  25;   Iowa  III  32;  La.   ltil  :    Me.    IX    1;    Mass.   Amend. 
VI;  Md.  I  6;  Mich.  XVI  2;  Minn.  IV  29;   Miss.  [V  40;  Mo.  IV 
15;  Mont.  XIX  1;  Xebr.  XIV  1;  Xev.  XV  2;  X.I  I.   II   83;  NT.J. 
IV   Sec.   VIII    1;    X.V.   XIII    1;    X.C.    II    24;    X.l).    XVII    211; 
Okla.  XV  1;  Ore.  IV  31;  Pa.  VII  1;    H.l.   IX   4;  S.  C.  Ill  26; 
S.D.  Ill  S;  Tenn.  X  2;  Tex.  XVI   I;   Vt.  II    10;   W.Va.  VI   16; 
Wis.  IV  2S;  Wyo.  VI  Elections  S.) 
Contents 

Support  constitution  of  United  States.  (Ala.  XV]  27!': 
Ark.  XIX  20;  Cal.  XX  3;  Colo.  XII  7;  Conn.  X  1;  Del. 
XIV;  Ga.  Ill  Sec.  IV  5;  Ida.  Ill  25;  111.  IV  5;  Iowa  III 
32;  Ky.  22S;  Me.  IX  1;  Md.  I  6;  Mich.  XV]  2;  Minn. 
IV   29;    Miss.    IV   40;    Mo.    IV    15;    Mont.    XIX    1;    Xebr. 

XIV  1;  N.J.  IV  Sec.  VIII  1;  X.V.  XIII  1:  X.l).  XX  II 
211;  Okla.  XV  1;  Ore.  IV  31;  Pa.  VII  1;  H.I.  IX  4; 
S.C.  Ill  26;  S.D.  Ill  S;  Tenn.  X  2;  W.Va.  VI  16;  Wis. 
IV  2S;  Wyo.  VI    Elections  S.) 

Support  constitution  and  laws  of  United  States.      (La.  ltil; 

X.C.   II   24.) 
Support    constitution     and    government     of    United    States. 

(Fla.  XVI  2.) 
Support    constitution   and  government   of  United   Slates  and 

bear   allegiance   to    same.       (Xev.    XV    2.) 
Support   constitution   of   -late.      (Ark.    XIX    20;    Cal.   XX    3; 

Colo.   XII    7:    Del.   XIV;    Ga.    Ill    Sec    1 V   5;    Ida.    Ill    2.1; 

111.  IV  5;  Iowa  III  32;  Ky.  228;   Me.  1X1:  Mass.  Amend. 

VIII;  Mich.  XVI  2;  Minn.  IV  20;   Mi-.  IV  4(1;  Mo.  IV  15; 

Mont.    XIX    1:    Xel.r.   XIV    1:    X.ll.    II    S3 ;    X..I.    IV    Sec. 

VIII    1;    JST.Y.  XIII   1:    X.C.    II    24;    X.I).    XXII    _' 1  1  ;    Okla. 

XV  31:  Ore.  IV  31:  Pa.  VII  1;  It. I.  IX  4;  S.C.  Ill  26; 
S.D.  Ill  8;  Tenn.  X  2:  W.Va.  VI  111;  Wis.  IV  2S;  Wyo. 
VI  Elections  8.) 

Support    constitution    of    state    30    long    as    citizen    thereof. 

(Ala,  XVI  279;  Conn.  X  1;  Me.   IX  1.) 

Support,  constitution  and  laws  of  state.      (I. a.  161:  Md.  1   6. ) 

Support  constitution  and  government  of  state.     (Fla.   \\l 

2:    XVv.   XV  2;    Vt.   II   52 


t)!2  S     \M      CbHTSTITUTIONS 


LEGISLATUR1 

Oath  of  Office  'd) 

t'd) 
Faithful    and    true    to    stale    as    Icing    as    citizen    thereof. 

(Ky.  22S.) 
Bear  allegiance  to  state.      (Md.  I  6;  Mass.  Amend.  VI;  Nev. 

XV  2;   N.H.  II  83.) 

Discharge  duties  faithfully.     (Ala.  XVI  27!);  Ark.  XIX  20; 

1.  XX  3;  Cola  XII  7;  Conn.  X  1;  Del.  XIV;  Fla.  XVI 

..Mi  25;   HI.   IV  5;  Iowa  III  32;  Ky.  228;  La.  161; 

Me.  IX   1;   Md.  I  6;   Mich.  XVI  2;  Minn.  IV  29;  Miss.  IV 

40;    Mo.   IV   16;    Mont.  XIX  1;  Xebr.  XIV  1;  Nev.  XV  2; 

N.H.    II    83;    X..I.    IV   See.  VIII  2;    N.Y.   XIII    1;    NX.   II 

■21:   X.I).   XVll  211;  Okla.  XV  1;  Ore.  IV  31;  Pa.  VII  1; 

S.C.  III  2G:  S.D.  Ill  8;  Tex.  XVI  1;  W.Va.  VI  16;  Wis. 

IV  28;  Wyo.  VI,  Elections  8.) 

Perform   duties   to   best   interests   of   state.      (Ga.    Ill   Sec. 

IV  5.) 
Duly  qualified  to  hold  office  under  state  constitution.      (Fla. 

XVI   2;    Miss.   IV  40;    S.C.  Ill   26.) 
Do  not  hold  office  of  profit  or  trust  under  authority  of  con- 
gress.    (Vt.  II  17.) 
Eave  not  given  bribe  to  secure  election.      (111.  IV  5;  Mont. 
XIX    1;    Xel.r.  XIV  1;   Okla.  XV  1;   Pa.  VII  1;   S.D.  Ill 
S:  Tex.   XVI   1:  Wyo.  VI,  Elections  S.) 
Will  not  accept  bribe  for  vote  or  influence  in  official   acts. 
fill.  IV  5;   Mo.  IV   15;  Mont.  XIX  1;  Xebr.  XIV  1;  Okla. 
XV    1;    Pa.   VII    1;    S.D.  Ill   8;    W.Va.   VI   16;    Wyo.  VI, 

Elections  8.) 
Have  ooi   knowingly  violated  election  laws  of  state.     (Mont. 

XIX  1;  Okla.  XV  1;  Pa.  VII  1;  Wyo.  VI,  Elections  8.) 
Have   not    been    engaged    or   concerned    in   duel.      (Ky.   22S; 

Tex.  XVI  1.) 
Have  noi    been,   and   will   not   be.  engaged    or   concerned  in 

duel.      (Xev.  XV  2-;   S.C.  Ill  26.) 
Will    not    propose   or   assent    to   action    injurious   to   people. 

(Tenn.  X  2;   Vt.  II  17.) 
Will    not    receive    profits    of    any    other    office   during   term. 

(Md.  I  6.) 
Will    read    constitution    and   execute    requirements    imposed 

on    legislature'.      (  Miss.   IV  40.) 
Will    not    accepl    fjree    pa><    during   term    of   office*      (Okla. 

XV  1.) 
V'11  vote  impartially  in  all  appointment     (Tenn.  X  2.) 
Will  nol   vote  because  of  promise  of  another  to  vote,  or  to 
influence  anothesr  to  vote.     'Miss.  IV  40.) 
'•'  a/ring 

•nvicted  of.  guilty  of  perjury  and  disqualified  from  hold- 
in-  any  office  of  trust  or  profit  within  the  state.  (Mo.  IV 
15;   Okla.   XV  2;   Wyo.  VI,  Elections  0.) 


i.\i)i:x    DiGEsi  913 


LEGISLATURE    {Cont'd) 
Members   (Cont'd) 

Oath  of  Office    (Cont'd) 

False   Swearing    (Cont'd) 

Conviction  of  having  sworn  falsely  to  and  violated  oath,  to 
forfeit  office  and  disqualify  thereafter  from  being  member 
of  legislature  or  holding  any  office  within  gifl   of  Legisla- 
ture,     i  SI).  Ill  8.) 
Conviction  of  having  sworn   falsely  to,  or  of  violating  oath, 
to  forfeit  office  and  disqualify  frdm  holding  office  of  profit 
or  trust  in  stale.      (111.  IV  5;   Nebr.  X  I  \ 
If  convicted  of  having  violated  oath   relating  to  acceptance 
■   of  money  or  properly  for  vote  or  influence,  to  forfeit  seal 
and  to  be  disqualified   thereafter   from   holding  any  office 
of  profit  or  trust  in  the  state.     (W.Va.  VI   16.) 
Filing  of 

To  be  filed  in  office  of  secretary  Of  state.     (Mb'.  1\    15.) 
.Secretary  of  state  to  record  and  file.      (111.   TV  ;j  ;    S.I).    Ill 

8;  W.Va.  VI    16.) 
No  Other  Required  Than  as  Prescribed 

No    other    than    oath    prescribed    in    constitution    to    be    re- 
quired to  qualify.      (Mass.   Amend.   VIT.) 
Refusal  to   Take 

Forfeits    office.      (111.    IV    5;    Nebr.    XIV    1;    Okla.    XV   2; 

S.D.  Ill  S;  W.Va.  VI  16;  Wyo.  VI,  Elections  9.) 
Vacates   seat.      (Mo.    IV    15.) 
When    Taken 

Before  entering  upon  duties  of  office.  (Ala.  XVI  27!»:  Ark. 
XIX  20;  Cal.  XX  3;  Colo.  XII  7;  Conn.  X  1;  Del.  XIV; 
Fla.  XVI  2;  Ida.  Ill  2-3;  HI.  IV  5:  Iowa  III  .!2  :  Kan.  II 
7;  Ky.  22S;  La.  161;  Me.  IX  1:  Md.  I  6;  Mass.  Amend. 
VI;  Mich.  XVI  2;  Minn.  IV  2!);  Miss.  IV  40;  Mo.  IV  15; 
Mont,  XIX  1;  Xel.r.  XIV  1;  NeV.  XV  2;  X.I  I.  II  s -. ; 
X.J.  IV  Sec.  VTII  1:  N.Y.  XIII  1;  X.I>.  XVI!  211;  Okla. 
XV  1;  Ore.  IV  31;  Pa.  VII  1:  S.'C.  til  26;  S.D.  Ill  8; 
Tex.  XVI  1;  Va.  II  34;  W.Va.  VI   l6;  Wis.  IV  28;  Wyo. 

VI,  Elections  8.) 
Before  taking  scat.      (X.C.  II  24.) 

Before  proceeding  to  business.      (Tenn.  X  2;  Vt.    II    16,    17.) 
Privileges 

Freedom    of    speech,    See    above,    this    subdivision,    Freedom    of 

Spee<  h. 
Freedom  of  vote.  See  below,  this  title,  Voting. 
From   arrest.   See   above,    this   subdivision',   Arrest,    Privilege 

FROM. 

From  civil  process,  Ste<    above,   this  subdivision,  Crvrx   Peoci 

Privilege  i  bom. 

Protection  of 

For  the  power  to  punish  a  person  for  threatening  or  assaulting 
a  member  for  anything  said  or  done  in  <  itlu  r  house,  Si  i  above, 

this    title.    )   ON  IIMI'TS. 


.,14  State  1  Ionstitutions 


LEGISLATURE      I       fd) 
Membi  b  I'd) 

Protection  of    {Cont'd) 

..  may  protect,  against   violence.      (NJVL  IV    11.) 
To  protect  members  against   violence  or  utters  of  bribes  or  pri- 
vate solicitation.      (Ark.   V   12;   Colo.  V   12;   Mont.  V   11;   N.D. 

II  48;  Pa.  II  11;  Wyo.  Ill  12.) 
h  house  may  protect,  againsl   violence  or  offers  of  bribery  or 
i  upt    solicitation.      (Ala.   IV   53.) 

Protest,  Right  of 

Any  member  to  have,  ami  to  have  protest  with  reasons  for  dis- 
sent  entered  on    journal.      (Ariz.   IV  Pt.   II   16;    Ind.  IV  26; 

Ore.  IV  26.) 
Anv    member  to  have  right  to  protest  against  any  act  or  resolu- 
tion;  protest  and  reasons  to  be  entered  upon  journal  without 
alteration,  commitment  or  delay.      (Kan.  II  11;   Ohio  II  10.) 
Ain   member  may,  by  motion  have  protest  or  dissent  against  any 
vote,  resolve  or  bill,  entered,  with  reasons  therefor,  on  journal. 

(X.H.  II  23.) 
Any    member    maj    dissent    from    and   protest    against   any    act, 
proceeding  or  resolution  which  he  may  deem  injurious  to  any 
person  or  to  public,  and  have  reason  therefor  entered  on  jour- 
nal,     i. Ma.    IV    55;    Iowa    111    10;    Mich.   V    16;    N.C.   II    17; 

S.C.  Ill  22;   Tenn.  II  27.) 

Two  or  more  members  may  dissent  or  protest  against  any  act 

or  resolution  which  they  may  think  injurious  to  public  or  to 

individual    and    have    reason    for    dissent   entered    on    journal. 

(111.  IV  10;  Minn.  II  16.) 
Punishment    of 

b   Ik  use  may  punish  for  disorderly  behavior.      (Ariz.  IV 
11:  Conn.   Ill    S;  Del.   H  !);  Fla.  Ill  6;   Ind.  IV  14;  Iowa 
III   9;    Ky.   39;    Me.   IV   Pt.   Ill  4;   Minn.  IV  4;   Miss.  IV 
55;   Mo.   IV   17;   Xev.  IV  6;  X.J.  IV  See.  I V  3;  Ohio  II  S; 
Okla.    V   30;    Ore.    I V    15;    R.I.    IV   7:    S.C.   Ill    12;    Tenn. 
II    12;    Utah    \l    10;    Va.    IV  47;    W.Va.  VI   25.) 
Each    house   may   punish   for   disorderly   or  disrespectful   be- 
havior.    (Md.  in  in.) 
!i    house    may    punish    for    contempt    and    disorderly    be- 
havior.     (La.  25;   Wash.    I!   9;  Wis.  IV  S.) 
Each    house    may    punish    for    contempt    or    disorderly    be- 
havior   in    its    presence.       (Ala.    IV   53;    Ark.    V    12;    Colo. 
V   12;    Mom.  \    II;  X.M.   |  V  11;  Pa.  II  11;  Wyo.  Ill  12.) 
h    house    may    punish    for    contempt    or    disorderly    be- 
havior   in    its    presence;     imprisonment    not    to    continue 
beyond  30  days.      (X.D.  II  48.) 
Each    house    may    punish     for    disorderly    behavior    or    mis- 
1ml  by  censure,  line,  imprisonment  or  expulsion.     (Ca. 

Ill    Sec.   VII    1.) 


Lndkx  Diqes'j  9  In 


LEGISLATURE    {Cont'd) 
Members   {Cont'd) 

Punishment  of    (Cont'd) 
Effect 

Not  to  bar  indictment  for  same  offense.     (Ala.  IV  .")  I :  Ark. 

V  12;  Cole.  V   12;  Okla.  V   L9;    Pa.   II   11.) 

Not  to  bar  criminal  prosecution  for  same  offense.     (Mont. 

V  11;    X..M.    IV   11;  N.D.   11   18;    Wyo.    Ill    12.) 
Qualifications,  See  below,  this  title,  Qualifications  and  Disquali- 
fications of  Members. 

Quorum,  See  beloiv,  this  title.  Quorum. 
Recall  of,  >SVc  Recall  ok  Public  Officers. 
Removal  from  Office 

Laws  to  be  passed  providing  for  prompt  removal  from  office  for 
any  misconduct  involving  moral  turpitude  or  for  other  cause 
provided  by  law.     (Ohio  II  38.) 
Term  of  Office 
Loner  House 

One  year.  (Me.  IV  Pt.  I  2;  N.J.  IV  Sec  III  1  ;  X.V.  Ill  2.) 
Two  years.  (Ariz.  IV  Pt.  II  21;  Ark.  V  3;  Cal.  IV  3; 
Colo.  V  3;  Del.  II  2;  Fla.  VII  2;  Ida.  Ill  3;  HI.  IV  7; 
Ind.  IV  3;  Kan.  II  29;  Ky.  30;  Me.  1 V  Pt.  I  2;  Md.  Ill 
2;  Mich.  V  3;  Minn.  II  24;  Mont.  V  2;  Nebr.  Ill  4; 
Ney,  IV  3;  N.H.  II  11;  X.M.  IV  4:  X.C  II  .V.  X.D.  II 
33;  Ohio  II  2;  Okla.  V  10;  Ore.  IV  4;  Pa.  II  :!:  S.C. 
Ill  2;  S.T).  Ill  6;  Tcnn.  li  3;  Tex,  III  3;  I  tab  VI  3; 
Vt.   II  38;   Wash.   II  <>;   YV.Va.   VI   3;   Wis.   IV   5;   Wyo. 

Ml   5.1 
Two    years    and    until    successors    duly    qualified.       (Conn. 

Amend.    XXVII  2.) 
Two  years  ami  until  successors  elected  and  qualified.     (Iowa 

III  3,  .5;   R.I.  Amend.   XVI    1.) 
Two  years;   to  serve  until  time  fixed   by   law   for  convening 

of  next  assembly.      (Ga.  Ill  Sec.   IV   1    (1914).) 
Four  years.      (Ala.  IV  46;   La.  24;    Miss.   IV  35.) 
Senate 

With    respect   to   tcnn   of  office  of  first   senate  under  constitu- 
tion. See  above,  this  subdivision,  Classification  of  Sen- 
ators. 
One  year.      (Me.   IV   Pt.   II    1.) 

Two   years.       (Ariz.    IV   Pt.    II    21;    Ida.    Ill    3;    Mich.    V    2; 
Nebr.  HI   f:   N.H.   II   2 !  ;   X.V.   Ill   2;   X.C   II   5;   Ohio   il 
2;    S.l).    HI   ti;    Tenn.   II    3;    Vt.    M    38.) 
Two    years    and    until    successors    duly    qualified.       (Conn. 

Amend.    XXVII    2.) 
Two  years  and  until  successors  elected  and  qualified,     i  I!. I. 

Amend.  XVI  l.i 
Two   years;   to  serve  until   time  fixed   by  law  for  convening 

of  nexl   assembly.     (Ga.   Ill  Sec.   IV  1    (1914).) 
Three  years.      (N.J.  IV  Sec.  II  1.) 


State  Constitutions 


LEGISLATURE  'd) 

Term  of  Office   (Cont'd) 
nate   (Cont'd) 

ears.  (Ala.  IV  46;  Ark.  V  2;  Cal.  IV  3;  Colo.  V  3; 
Del.  II  2;  Fla.  VII  2;  111.  IV  6;  Ind.  IV  3;  Kan.  II  29; 
Kv  SI-  La.  24;  Md.  Ill  2;  Minn.  II  24;  Miss.  IV  34; 
Mont.  V  2;   Nev.  IV  13;  N.M.  IV  4;  N.D.  n  27;  Okla. 

V  it;    Ore.  IV  4;  Pa.  II  3:   S.C.  Ill  6;   Tex.  Ill  3;   Utah 

VI  M;  Wash.  H  5;  W.Va.  VI  3;  Wis.  IV  5;  Wyo.  Ill  5.) 
Four  years  and  until  successors  elected  and  qualified.    ( Iowa 

III  3,  5.) 

linning 
On  day  of  election.      (Ark.  V  16;   Md.  Ill  6;   Tex.  Ill  4.) 
At  time  of  election.     (N.C.  II  25.) 

Day  next   after,  election.      (Del.  Sched.  4;   Ind.  IV  3;   Nev. 

IV  4;   Ore.  IV  4.) 
On    day    after    election,    until    otherwise    provided    by    law. 

(Mont.  V  2,  6.) 
Day  after  general  election   at  which  elected;    to  expire  on 
day  after  general  election  held  in  fourth  year  after  elec- 
tion, except  as  otherwise  provided  in  constitution.      (Ala. 

IV  46.) 
Monday  full. .wing  election.      (S.C.  Ill  6,  2,   10.) 
First    Wednesday    in    November    next    after    election    until 

otherwise  provided  by  law.      (Colo.  V  3,  7.) 
First   day   of   December  next   after   election.      (Ida.    Ill   3; 

Pa.  II  2;  W.Va.  IV  7.) 
First   day   of   January   succeeding   election.      (Iowa   III   5; 
Ky.  31,  30;  Ohio  II  2;  E.I.  Amend.  XVI  1;  Utah  VI  3,  4.) 
First  Monday  in  January  after  election.     (Wyo.  Ill  5.) 
First  Tuesday  in  January  next  after  election.      (N.D.  II  41.) 
I'irsl    Wednesday  in   .January  next  ensuing  election.      (Sen- 
ate.)   (N.H.  II  24,  11.) 
First  Wednesday  next  after  first  Monday  of  January  follow- 
ing election.     (Conn.  Amend.  XXVII  2;  Vt.  II  38.) 
Dav  next  preceding  regular  meeting.      (Me.  IV  Pt.  I  2,  Pt. 

II  1.) 

Officers 

also  abon.    this    title,   EMPLOYEES. 
President  of  Senate,  See  below,  this  title,  President  of  Sexate. 
Speaker  of  House,  »S'cc  beloic,  this   title.  Speaker  of  House. 
Bond 

Secretary  <>f  senate  and  clerk  of  lower  house  to  give  bond  and 
security  for  faithful  discharge  of  duties.     (Ga.  Ill  Sec.  VIII.) 
Compensation 

J  II       dl    !■ 

b  house  to  fix,  of  own  officers.     (SJ).  Ill  !).) 
I-  i"'  prescribed  by  law.     (Ala.  IV  67.) 


I.NDKX     DljGESI  !)I7 


LEGISLATURE    (Cont'd) 
Officers   (Cont'd) 

Compensation    (Cont'd) 
J n    (lateral    [Cont'd) 

To  be  prescribed  by  law;  no  paymenf  to  be  made  or  author- 
ized t<>  any  such  person  excepl  to  an  acting  officer  elected 
or  appointed   in   pursuance  of   law.      [Colo.   V    27;    Mont. 

V  28;  Pa.  Ill  10;  Wyo.  Ill  29.) 

No  salary  or  compensation  to  he  paid  to,  unless  fixed  by  law 

in  force  prior  to  election  or  appointment  of  such  officer. 

(Xev.   IV  28.) 

No   allowance   or   reward   for   any   purpose   whatever   to   be 

paid  to  any  officer  of  either  house,  excepl   Biush.  per  i 

as   prescribed    by   law,   not  to  exceed   $5.      (Mo.    IV    10.) 

Expenses  of  clerical  officers  of  houses,  clerks  of  committees 

and    all   other    employees   not    to    exceed   $100    a   day    for 

senate,  nor  $120  a  day  for  lower  house.      (La.  43.) 

Total  expense  for  officers  and  attaches  not    bo   .-.'red   $500 

per  diem  for   either  house  at   regular   session,  nor  more 

than  $200  per  diem  for  either  house  at    special    session. 

(Cal.  IV  2.3.) 
Not  to  exceed  amounts  specified.      (N.M.   IV   9.) 
Increase  or  Decrease 

Not  to  be  increased  after  election  or   appointment.      (Cal. 

IV  23.) 
Not   to-  be   increased   or  diminished   so   as   to   apply   to   any 
officer  at  such  session.      (New  IV  2S.) 

Duties 

To  be  prescribed  by  law.     (Ala.  IV  67;  Colo.  V  27;   Mont.  V  28; 

Pa.  Ill   10;  Wyo.  Ill   29.) 

Election 

See  also  below,  tliis  title.  "  President  of  Senate",  "Speaker 

of  House  ". 
Each  house  to  choose  own  officers.  (Ala.  IV  51;  Ark.  V  11; 
Cal.  IV  7;  Colo.  V  10;  Del.  II  7;  Fla.  Ill  6;  111.  IV  9;  Ind. 
IV  10;  Iowa  III  7;  La.  25;  Md.  Ill  19;  M;.<s.  p,.  n  Ch.  I 
Sec.  II  7,  Sec.  Ill  10;  Miss.  IV  3S;  Mo.  IV  17:  Mont.  V  9;  Nebr. 
Ill  7;  Nev.  IV  6;  N.II.  II  21,  36;  N.J.  TV  Seti.  IV  3;  N.M.  1\ 
9;  N.Y.  Ill  10:  N.C.  II  18;  Pa.  II  9;  S.C.  Ill  12;  Tex.  HI  9 ; 
Utah  VI   12;   Va.   IV   47;    Wash.   II   10;    W.Va,   VI    J4  ;    Wis. 

IV  0:   Wyo.   Ill    HU 
Each  house  when   assembled.  1 . .  choose  own    officers.      (Ariz.    l\ 

Pt.  II  S;  Ida.  Ill  9;  Ore.  IV  11;   Tenn.   II    11.) 
Each  house  to  elect  such  officers  as  prescribed  by  law.     (Mine.. 

IV  5.) 
Each   house,    except    as    otherwise    provided    in    constitution,    t . . 

choose  own  officers.      (Mich.  V  15;  Ohio  II   8 
Each  house  when  assembled   to   choose  clerk   ami   other   off! 

(Conn.  Ill   7.) 


918  State  Constitutions 


LEGISLATURE    (Cont'd) 
t'd) 
Election   (Cont'd) 

,,,.  to  choose   president,  secretary  and  other  officers;    lower 
house  i"  choose  speaker,  clerk    and   other  officers.      (Me.   IV 

Pt.  I  7,  Pt.  II  8.) 
Lower  house  to  choose  speaker  and  other  officers;  senate  to  have 

power   to   choose   officers   biennially.      (Ivy.   34.) 
Lower  house  to  have  authority  to  elect  clerk  and  other  officers. 

(E.I.  V  2.) 
Lowi  i    house  to  elect   speaker,  clerk  and  other  necessary  officers; 
senate  to  appoint   own  officers.      (Vt.  II   14,   19.) 
Enumeration  of 

Elective  officers,  other  than   presiding  officers,  to  be  chief  clerk 

and    sergeant -at -arms.      (Wis.   XIII   6.) 
Clerical   officers  to  be  a  secretary  of  senate  and  clerk   of   lower 

house,  with  such  assistants  as  necessary.      (La.  43.) 
Officers,   Other   than    president    and   speaker,   to   be   secretary   of 
senate  and  clerk  of  lower  house  and  such  assistants  as  they 

may  require.      (Ga.  Ill  Sec.  8.) 
Number 

I',,  be  prescribed  by  law.     (Ala.  IV  G7 ;  Colo.  V  27;  Mont.  V  28; 

Pa.   Ill   10;    Wyo.   Ill  29.) 
Not  to  exceed  list  specified.     (X.M.  IV  !».) 
Oath  of  Office 

Administration  of 

By   judge  of   supreme  or  circuit  court,   or   presiding  officer 
of  either  house,  in  hall  of  house  to  which  elected.      (S.D. 

Ill  8.) 

Perforin  duties  faithfully  to  best  of  ability  and  preserve  all 
records    or    property    with    which    intrusted.       (N.J.    IV 

Sec.  VIII  2.) 
Filing  of 

Secretary  of  slate  to  record  and  tile.      (S.D.  Ill  S.) 
Hi  I usul  to  Take 

To   forfeil    office.      (S.D.  Ill  8.) 
When   Taken 

Before   entering  upon  duties.      (X.J.   IV  Sec.   VIII   2;    S.D. 

Ill  S.) 
Presiding  Officer 

I  bsi  hi ■•    or  Disability  of 

In    absence,    house    may    appoint    member    to    preside.       (Del. 

II  7.) 
House  may  eleel    member  to  preside  and   perform  duties  of 
such  officer  during  disability,  dining  such  time  temporary 
officer   to    receive   same   compensation    to   which   permanent 
officer   entitled.      (Ala.    IV   51.) 
In  Joint   FAnHinis.  See  above,  this  title,  Elections  by. 
President  of  Senate.  See  below,  this  title,  President  of  Senate. 
Speaker  of  lions,.  Set   below,  this  title,  Speaker  of  House. 


Index   Digest  919 


LEGISLATURE    {Cont'd) 
Officers   (Cont'd) 

Qualifications  and  Disqualifications 

Clerk  of  lower  house  ineligible  to  legislature;  acceptance  of  bucIi 
office  by  member  to  vacate  seat:.      (Mass.   I'i.   II   Ch.   VI   2.) 
No  judge  or  clerk   of   any  court,   secretarj    of   state,  attorney- 
general,   register   of   deeds,   sheriff   or   any    person    holding    any 
office  of  profit  under  state  (except  in  militia  or  office  of  attor- 
ney-at-law,  notary  public  or  justice  of  peace)    and   no  person 
holding  any  office  of  profit  or  honor  under  any  foreign  govern- 
ment or  under  the  government  of  the  United  stales    (except 
postmaster  receiving  annual  compensation  h'o1  exceeding  $300), 
eligible  for  office   in   either   house.      i\.l>.    II   37.) 
No  person  holding  office  of  honor  or  profit  under  foreign  govern- 
ment or  under  government   of  the  United  State-,  except   ]> 
masters  receiving  annual  compensation  not  exceeding  $300,  to 
hold  any  office  in  either  bouse.      (S.l).  Ill  3.) 
Expelled   members    ineligible    to    any    office    in    either    bouse,    if 

expelled   for   corruption.      (N.D.    II   3S.) 
No  collector  or  holder  of  public  moneys  eligible  to  any  office  in 
either  house  until  accounting  for  and  payment  of  all  moneys 
due  from  him,  according  to  law.      (S.l).    Ill  4.) 
Persons    convicted    of    bribery,    perjury    or    infamous    crime    in- 
eligible to  any  office  in  either  house.      (X.I).  II   38.) 
Removal 

Each  house  may  remove  at  pleasure.      (W.Va.  VI  24.) 
President  of  Senate 
Compensation 

Of  Lieutenant-Governor,  See  Lieutenant-Governor. 
In  General 

To    receive    same    compensation    and    mileage    as    member. 

(Mich.   V    10.) 
Additional  allowance  equal  to  one-third  allowance  as  mem- 
ber.    (X.J.  IV  Sec.  IV  7.) 
Presiding  officer  to  receive  additional  compensation  equal  to 

half  of  day's  allowance  as  member.     (Ida.   Ill  23.) 

Presiding  officer  to  receive  additional  compensation  equal   to 

two-thirds  of  per  diem  allowance  as  member.     (Ore.  IV  29.) 

Two    dollars    a    day    additional    allowance    during    time    in 

actual    attendance    as    presiding    officer.       (Nev.     IV    33; 

W.Va.  VI  33.) 
Presiding  officer   to   receive   additional    compensation   of   $3 

per  diem.     (Md.  Ill  15.) 
Presiding  officer   to  receive   $5   a   day    for  not    exceeding   (JO 
days;  no  compensation  for  longer  session;   for  special  ses- 
sion same  compensation  for  period  not  exceeding  30  days. 

(Del.  II  15.) 

Presiding    officer    to    receive   $6    a    day    and    mileage.       (N.C. 

II    28.) 
Not  to  exceed  $7  a  day.      (Ga.  Ill  Sec.  <).) 
Two  hundred  fifty  dollars.      (X.TI.    II    14.) 


Constitutions 


legislature:  t'd) 

Senate   [Cont'd) 
Compensation    (Cont'd) 

ll  htii  Acting  as  Governor 

Same  as  that  of  governor.     (X-T.  V  12,  14.) 

Duties 

be  presiding  officer.     (Fla.  Ill  6.) 
To  preside  in  joint  elections  and  decide  result.   (Ga.  Ill  Sec.  10.) 

Election 

By  senate.      (Me.  IV  Pt.  II  8;   Mass.  Pt.  II  Ch.  I  Sec.  II  7; 

N.H.    li   36;    X..1.    [V   Sec    IV    3.) 
Senate  to  choose  a  speaker.     (Term.  II  11.) 

By   Benate  from   among   its  own  members  at  convening  of  each 

regular  session.      (Fla.  Ill  6.) 
To  be  elected  viva  voce  from  senators.      (Ga.  Ill  Sec.  V  2.) 

senate  at  beginning  and  close  of  each  regular  session  and  at 

such   oilier   times  as  necessary.      (Mont.  V   9;    Wyo.   Ill    10.) 

H\    senate   at   beginning   of   each   regular   session   and  whenever 

vacancy   may   occur.;    if  term  of  president   expire  before  next 

3sion  other  president  to  be  elected  at  close  of  session  from 

among  members   whose  terms  of  office  continue  over.      (Ark. 

V  18.) 
Lieutenant-Governor  as       (Minn.  V  6.) 

But  to  have  no  vote.      (Mich.   VI   19.) 

Bui  1"  vote  only  when  senate  equally  divided.  (Ala.  V  117; 
Cal.  V  15;  Colo.  IV  14;  Del.  Ill  19;  Ida.  IV  13;  111.  V  18; 
Iowa  IV  18;  Kan.  I  12;  La.  68;  Mont.  VII  15;  Nebr.  V  17; 
Nev.  V  17;  N.M.  V  8:  X.Y.  IV  7;  N.C.  II  19;  N.D.  Ill 
77;  Ohio  HI  16;  Pa.  IV  4;  R.I,  Amend.  XIV  1;  S.C.  IV  5,  6; 
S.D.  IV  7;   Va.  V  79;  Vt.  II  19;  Wash.  Ill  16,  II   10;   Wis. 

V  8.) 
But  to  have  only  rusting  vote  therein  and  in  joint  vote.     (Okla. 

VI  15.) 

And   when  senate  equally  divided  to  give  casting  vote;   to  have 

right  to  debate  when  in  committee  of  whole.      (Conn.  IV  13.) 

give  casting  vote  in  senate  when  equally  divided  and  in  joint 

vote  <>f  both  houses;  may  debate  all  questions  in  committee  of 

whole.     (Miss.  V  129;  Mo.  V  15.) 
And   when   senate  equally  divided  to  give  casting  vote;   to  have 
right,  when  in  committee  of  whole,  to  debate  and  vote  on  all 
questions.      (Ind.  V  21;  Ky.  83;  Tex.  IV  16.) 
President  Pro  Tem. 

Compensation   in  General 

To  receive  same  compensation  as  allowed  to  speaker  of  lower 

house.      (Mo.  V  IS.) 
When  acting  as  president  of  senate  to  receive  same  compen- 
sation  allowed   to  speaker  of  house.      (Ky.   80.) 
Compensation   WIhd  Acting  as  Governor 

Sa a-  that    of  governor.      (Ala.  V   129;   Ky.   SO;   La.  67; 

Me.  \    Pi.   I    14;   Miss.  V    131;   Mo.  A'   17:  X.M.  V  7;  X.C. 
Ill   12;   Fa.  IV  14;  Tex.  IV  17;  Utah  VII  11.) 


Index  Dm.  est  921 


LEGISLATURE    (Cont'd) 

President  of  Senate    (Cont'd) 
President  Pro  Tem.    (Cont'd) 
Duties 

To  act.  in  absence  or  disability  of  presiding  officer.     (Miss. 

i\ 
To  take  place  of  lieutenant-governor  under  rules  prescribed 

by  law.     (X.D.  II  31.) 
'I'd  preside  in  absence  of  lieutenant-governor.      (Ala.  IV  5]  ; 

X.M.    IV   S.) 
To  be  lieutenant-governor  in  case  of  vacancy  in  thai  ofl 

(Minn.  V  G.) 
To  preside  in  absence  or  place  of  lieutenant-governor.    (Okla. 

V  2S.) 
To  preside  in  absence  of  lieutenant-governor  or  when   such 

office  vacant.      (R.I.   Amend.  XIV  2.) 
To  preside  in  absence  of  lieutenant-governor  or  when  he  acts 

as  governor.      (111.  IV  9;  Nebr.  Ill  7;  S.C.  IV  7.) 
To   preside    in    absence   or    impeachment    of    lieutenant-gov- 
ernor, or  when  he  holds  office  of  governor.      (Kan.  I   12; 

Mo.  V  17.) 
To    preside   in    absence   or    impeachment   of    lieutenant-gov- 
ernor or  when  he  refuses  to  act  as  president,  or  acts  as 

governor.      (X".Y.  Ill  10.) 

To  perform  duties  of  lieutenant-governor  in   bis  absence  or 

disability  and  whenever  such  office  vacant.      (Ida.  IV  1.'!; 

Pa.  IT  9;  Tex.  Ill  9.) 

To    perform    duties    of    lieutenant-governor    in    his    absence, 

impeachment  or  disqualification,  or  when   he  holds  office 

of   governor,   until   vacancy   filled   or   disability    removed. 

I  Colo.   IV  14.) 

To  preside  in   absence  of  lieutenant-governor  or   in  case  he 

becomes   governor   or   while   he    continues    in    exercise    of 

office    of    governor    by    reason    of    disability    of    governor. 

(Del.  II   7.i 
Elect  ion 

Senate  to  elect.      (III.  IV.  9;    Kan.    I    12;    La.  68;    Miss.  IV 
39;    Mo.   V    17:    Nebr.    I  IT    7;    X.Y.    Ill    1":    Okla.    V    28; 

R.I.  Amen.!.  XIV  2.) 
By  senate  at  each  biennial   session.      (Del.   IT   7.) 
Bv  senate    as    soon    as    practicable    after    convening.       (S.C. 

IV   7.) 
By   senate   as   soon    as   possible   after   organization    and   as 

often  as  vacancies  occur  in  (be  office.      (Ky.  85.) 
By  senate  at    beginning  and   dose  of  each    regular  session 
and   at    such    other    times    as    necessary.      (Ala.    IV    .".1  ; 
Colo.  V  10:  X.  1).  TT  31;  Okla.  V  28;  Pa.  II  !»:  Tex.  II!  9.  i 
By  senate  before  close  of  each  session.     I  Minn.  V  (5.) 
By   senate  when    lieutenant-governor    is    absent    or    acts   as 
'governor.      (Ida.   1 V    13;    End.    V    11  :    N.C.   II  20,  III    12; 
Vt.    If   19;    Va.   TV  47;    Wash.    If    10;    Wis.    IV  9.) 


922  State  Constitutions 


LEGISLATURE    {Cont'd) 

Pw  siden  i  of  Sen  mi:   (Cont'd) 
President  Pro  Tern.    (Cont'd) 
Election   (Cont'd) 

By  senate  in  caBe  of  absence  or  impeachment  of  lieutenant- 
governor,  or  when   he  acts   as  governor.      (Iowa  IV   18; 

Ohio  III  16.) 
By    senate    when    lieutenant-governor    acts    as   governor    or 
unable   to   attend   as  president  of   senate;    if   vacancy  in 
office   of   lieutenant-governor   occurs   during   recess,   secre- 
tary   to    convene    senate    to    choose    president    pro    tern. 

(Conn.  IV   15,  16.) 
Succession  to  Office  of  Governor,  See  Governor. 
Term   of  Office 

Until  .successor  elected  and  qualified.      (Ala.  IV  51.) 
To  serve   until  next  session  of  legislature.      (N.M.   IV   8.) 
When  Acting  as  Governor 

Seat   in   senate  to  become  vacant.      (Pa.   IV    14.) 
Succession  to  Office  of  Governor,  See  Governor. 
When  Acting  as  Governor 

Xot  to  hold  office  in  senate.      (Me.  V  Pt.  I  14;  X.H.  II  48;  S.C. 

•  IV  9.) 
Procedure,  Rules  of,  See  below,  this  title,  Rules,  Adoption  of. 
Proceedings  Public 
General  Rule 

Sessions   of   each   house   to   be   open.       (Ark.   V    13;    Colo.   V    14; 
Del.  II  11;  Md.  Ill  21;  Minn.  IV  19;  Mo.  IV  19;  Mont.  V  13; 
Xebr.   HIS:   N.M.  IV  12;   X.D.  II  50;   Pa.  II  13;   S.D.  Ill  15; 
Tex.  Ill  16;    Utah  VI  15;   Wyo.  Ill  14.) 
Doors  of  each  house  to  be  open.     (Ala.  IV  57;  Cal.  IV  13;   Fla. 
Ill   13;    111.   IV   10;   Ind.  IV   13;    Iowa  III    13;    Mich.  IV   18; 
Mi-.  |\    58;  Xev.  IV  15;  X.Y.  Ill  11;  Ore.  IV  14;  S.C.  Ill  23; 
Tenn.   II   22;    Wash.   II    11;    Wis.   IV    10.) 
Delia tes  in  each  house  to  be  public.      (Conn.  Ill  11.) 
Proceedings  of  both  houses  to  be  public.      (Ohio  II  13.) 
Doors  to  be  open  for  admission  of  persons  who  behave  decently. 

(Vt.  II  8.) 
Doors  of  galleries  of  each  house  to  be  kept  open  to  all  persons 

who  behave  decently.      (X.H.  II  S.) 
Business  of  eaeh  house  to  be  transacted  openly  and  not  in  secret 

ion.      (Ida.  Ill  12.) 
Printing  presses  to  be  free  to  every  person  to  examine  proceed- 
ings of  legislature.      (Tenn.   I    19.) 
Printing  presses  to  be  free  to  every  person  to  examine  proceed- 
inga  of  legislature;   no  law  to  restrain  right  thereof.      (Ky.  S; 

Pa.  I  7.) 
Exceptions 

When    busit  such   as  requires   secrecy.      (Ark.   V   13;   Colo. 

V  "■    °el.  till;    Md.  Ill  21;    Miss.   IVr.S:    Mo.   IV  19;  Mont. 

V  13;  Nebr.   Ill   8;   VI).   II  50;    I'm.   11   13;   S.I).  Ill  15;   Tenn. 

IT  22;  Wyo.  Ill  14.) 


Index  Digest  92.°. 


LEGISLATURE    (Cont'd) 

Proceedings   Public    (Cont'd) 
Exceptions   (Cont'd) 

When  public  welfare  requires  secrecy.    (Cal,  1\    13;   [owa  III  13; 
Mich.  IV  IS;  X.Y.    Ill  11;  S.C.  Ill  23;  Vt.   lis.   Wash.   [I  11; 

Wis.   IV  10.) 
When    welfare   of    state,    in    opinion    of    either    house,    requires 

secrecy.      (N.I I.   IT  8.) 

On  such  occasions  as  in  opinion  of  house  may   require  secrecy. 

(Ala.  IV  57;   Cal.  IV   13;   Conn.   [II  11;   111.    IV    10;    Ind.   IV 

13;  Iowa  III  13;  Minn.  II  IS;  Ore.   IV   14;  S.C.   Ill  23.) 

In  cases  which,  in  opinion  of  two-thirds  of  those  present,  require 

secrecy.     (Ohio  II  13.) 
Senate  while  sitting  in  executive  session.      (Fla.  Ill  13;  Xev.  IV 

15;  Tex.  Ill  16;  Utah  VI  15.) 

Senate,  in  deliberating  upon  executive  nomination,  may  sit  with 

closed   doors,   but,    in    acting   upon   nominations,   to   sit   with 

open  doors.      (Colo.  IV  6.) 
When  in  Committee  of  Whole 

Business  to  be  transacted  openly  and  not  in  secret  session.     (Ida. 

Ill  12.) 

Sessions  to  be  open  unless  business  is  such  as  requires  secrecy. 

(Ark.  V  13;  Colo.  V  14;  Del,  II  11;  Md.  Ill  21;  Mont.  V  13; 

Xebr.  Ill  S;  N.D.  II  50;  Pa.  II  13;  S.D.  Ill  15;  Wyo.  Ill  14.) 

Doors  to  be  kept  open,  except  in  cases  which  may  require  secrecy. 

(Miss.  IV  5S;  Tenn.  II  22  ! 
Doors  to  be  kept  open,  except  in  such  cases  as  in  opinion  of  hous< 

require  secrecy.     (111.  IV  10.) 
Doors  to  be  kept  open,  except  in  such  cases  as  in  opinion  of  either 
house  require  secrecy.      (Ind.  IV  13;  Ore.  IV  14.) 
Admission  to  Floor 

No  person  to  be  admitted  to  floor  of  either  house  while  in  ses- 
sion, except  members  of  legislature,  officers  and  employees  of 
houses,  governor  and  his  secretaries,  representatives  of  pre<-. 
and  other  persons  to  whom  either  house  by  unanimous  vote 
may  extend  privileges  of  its  floor.  (Ala.  IV  57.) 
Qualifications  and  Disqualifications  of  Memkebs 
Accounting  for  Public  Funds 

Collector  or  holder  of  public  moneys  ineligible  until  accounting 

for  and  payment  of  all  moneys  due.     (111.  TV  4;  Iowa  TIT  '2.T-. 

S.D.  ITT  4-,   Tenn.   IT  25;    W.Va.   VI    14.) 

No  collector,  holder  or  disbureer  of  public  moneys  eligible  until 

accounting    for    and    payment    of    all    sums    for    which    liable. 

(Mich.  X  10.) 
Xo  person  holding  public  moneys  for  disbursement  or  otherwise. 
eligible  until  accounting  for  and  payment  of  such  moneys  into 
treasury.  (Ohio  TI  5.) 
No  collector,  receiver  or  bolder  of  public  money,  eligible  until 
accounting  for  and  payment  into  treasury  of  all  sums  on  books 
thereof  charged  to  and  due  by  him.     (Md.  Til   12.) 


924  State  Constitutions 


LEGISLATURE  t'd) 

1.UK  AJIO.V-    AM)    DlSQl    VLJIUMH'NS    OF    MEMBERS     (Cont'd) 

counting  for   Public   Funds    (Cont'd) 
No   person  who  may  have  been  collector  of  taxes  or  otherwise 
entrusted  with  public  money,  eligible  until  discharge  obtained 
for   amount  of  collections  or  for   all  moneys  with  which  en- 
trusted.     (La.  1S2;  Tex.  Ill  20.) 
No  collector  or  holder  of  public  money,  nor  assistant  or  deputy 
of  such  holder  or  collector,  eligible,  until  accounting  for  and 
payment  of  all  sums  for  which  liable.     (Ark.  V  8.) 
Collector   of   taxes    or   public   moneys    for   state   or    subdivision 
thereof,    or    assistant   or   deputy   of   such   collector,   ineligible 
unless  quietus  nl>tained  six  months  before  election  for  amount 
of  collection  and  for  all  public  money  for  which  responsible. 

(Ky.  45.) 

Xo  person  liable  as  principal  for  public  moneys  unaccounted  for 

to  be  eligible  until  accounting  for  and  payment  of  all  sums  for 

which  liable.     (Miss.  IV  43.) 
Former   state   treasurer   ineligible   until   final    settlement   of    ac- 
count as  treasurer  and  discharge  of  balance  due,  if  any.     (Del. 

II  24.) 
Defaulter  for  public  money  or  for  any  legal  taxes  required  of 

him,   ineligible.     .(Ga.    Ill   Sec.  IV  7.) 
Collectors  of   excise   and   state   and   continental   taxes   hereafter 
appointed,    and   not   having    settled    their    accounts   with    the 
proper  officer,  shall  not  at  same  time  have  seat  in  either  house. 

(N.H.  II  94.) 
Age 

Lover  House 

Twenty-one  years.  (Ala.  IV  47;  Ark.  V  4;  Ga.  Ill  Sec.  VI 
I:  III.  IV  3;  Ind.  IV  7;  Iowa  III  4;  Me.  IV  Pt.  I  4; 
Md.  Ill  9;  Miss.  IV  41;  Mont.  V  3;  N.J.  IV  Sec.  I  2; 
N.M.  IV  3;  N.D.  II  34;  Okla.  V  17;  Ore.  IV  8;  Pa.  II  5; 
S.C.   III  7;   Tenn.  II  9;   Tex.   Ill   7;   W.Va.   IV  4;   Wyo. 

III  2.) 
Twenty-four  years.     (Del.  II  3;  Ky.  32;  Mo.  IV  4.) 
Twenty-five  years.     (Ariz.  IV  Pt.  II  2;  Colo.  V  4;  S.D.  Ill 

3;  Utah  VI  5.) 
5?<  nate 

Twenty-one  years.      (Ore.  IV  8.) 
Twenty-four  years.     (Mont.  V  3.) 

Twenty-five  years.  (Ala.  IV  47;  Ariz.  IV  Pt.  II  2;  Ark.  V 
1:  Colo.  V  4;  Ga.  Ill  Sec.  V  1;  111.  IV  3;  Ind.  IV  7; 
Iowa  III  5;  La.  24;  Me.  IV  Pt,  II  6;  Md.  Ill  9;  Miss. 
IV  12:  X.M.  IV  ;;•,  X.C.  II  7;  N.D.  II  28;  Okla,  V  17; 
Pa.   II   f>;    S.C.  HI  7;   S.D.  Ill  3;   Utah  VI  5;   W.Va.  IV 

4;    Wyo.    Ill    2.) 
Twenty-six  years.      (Tex.  Ill  6.) 
nty-seven  years.      (Del.  II  3.) 
Thirty  years.      (Ky.  32;  Mo.  IV  6;  N.H.  II  28;  X.J.  IV  Sec. 

T  2;  Tenn.  II  10;  Vt.  TI  18.) 


Inih.x    1)k.i-i  925 


LEGISLATURE    (Cont'd) 

Qualifications  and  Disqualifications  ok  Members    (Cont'd) 
Bribery  as  Disqualification 

See  also  above,  this  title,  Members-     I'.kuuky. 
Person  convicted  of,  ineligible.      (Ala.  IV  60;;   Ark.   V  9;   Del.  II 
21;  111.  IV  4;  Miss.  IV  44;  N.D.  II  38;   Pa.   117:  S.I).  Ill  4.) 
Person  convicted  of  bribery  or  solicitation  of  bribery  ineligible. 

ilo.   Ml   4.) 

Person  convicted  of  bribery  or  corruption   in  obtaining  election 

or    appointment   ineligible.      (Mass.    Pt.    II    Ch.    VI    2;    X.H. 

II  9 
Person  who  directly  or  indirectly  gives,  promises  or  bestows  any 
rewards  to  be  elected,  to  be  incapable  to  serve  for  ensuing  year. 

(Vt.  II  51.) 
Citizenship 

Of  United  States 

Required.  (Ariz.  IV  Pt.  II  2;  Ark.  V  4;  Colo.  V  4;  Ga. 
Ill  Sec.  V  1,  Sec.  VI  1;  Ida.  Ill  6;  111.  IV  3;  Ind.  IV 
7;  Iowa  III  4,  5;  Mich.  V  5;  Mp.  IV  5.  6;  Mont.  V  3: 
Ore.  IV  8;  S.D.  Ill  3;  Tenn.  II  9,  10;  Tex.  Ill  6,  7; 
Utah  VI  5;  Wash.  II  7;  Wyo.  Ill  2.) 
For  five  years  at  commencement  of  period  for  wbich  elected. 

(Me.  IV  Pt.  I  4,  Pt.  II  6.) 
Of  State 

At  time  of  election.      (Ky.  32;  Md.  Ill  9;  Wyn.   Ill  2.) 
For  two  years  next  preceding  election  (senate) .    (X.  C.  II  7.) 
For  three  years  next  before  election.     (Ala.  IV»47;  Cal.  IV 

4;  Del.  II  3.) 
For    three    years    immediately    preceding     election     (lower 

house).      (Tenn.  II  9,  10.) 
For  four  years  next  before  election.      (Pa.   II   5.) 
For    four    years    next    preceding    election     (lower    house). 

(Miss.   IV  41.) 

For  five  years  at  time  of  election.      (La.  24.) 

For  five  years  next  preceding  election  (senate).    (W.Va.  IV  4.i 

,  For  four  years  next  before  election    (senate)  ;  for  two  years 

(lower  house).     (Ga.  Ill  Sec.  V  I.  Sec.  VI   1;  N.J.  IV 

Sec.  I,  2.) 

Defaulter  Ineligible,  See  above,  this  subdivision,  Accounting  for  Pub- 
lic Funds. 

Determination  of 

Each  house  to  be  judge  of  qualification-  of  own  members.  (Ala. 
IV  51;  Ariz.  IV  8;  Cal.  IV  7;  Colo.  V  10;  Del.  II  8;  Fla.  Ill 
6;  Ga.  Ill  Sec.  VII  1;  Ida.  Ill  9;  111.  IV  9j  Ind.  IV  10;  [owa 
III  7;  Kan.  II  8;  Ky.  38;  La.  25;  Me.  IV  Pt.  Ill  3;  M 
Pt.  II  Ch.  I  Sec,  II  4,  III  10;  Mich.  V  15;  Miss.  IV  38; 
Mont.  V  9;  Xebr.  Ill  7:  NTev.  IV  0;  X.1I.  II  21.  34;  N.J.  IV 
Sec.  IV  2;  N.M.  IV  7;  X.Y.  Ill  10;  X.C.  II  22;  X.D.  II  47; 
Ohio  II  6;  Okla.  V  30;  Ore.  IV  11;  Pa.  II  9;  R.I.  IV  G;  S.C. 


•-,  mi;  Constitutions 


LEGISLATURE    [Confd) 

QuAunCAHONS  and  Disqualifications  of  Members    (Cont'd) 

Determination   of    (Cont'd) 

III  11;  S.D.  Ill  9;  Tenn.  II  11  j  Tex.  Ill  8;  Utah  VI  10;  Va. 

IV  47.'  y,     111  I.  19j  Wash.  II  8;  W.Va.  VI  24;  Wis.  IV  7; 

Wyo.  Ill  10.) 
Each  house  to  judge  of  eligibility  of  own  members.      (Minn.  IV 

3.) 
Each  house  to  be  sole  judge  of  qualifications  of  own  members. 

(Ark.  V  11.) 
Each  house  to  be  judge  of  qualifications  of  own  members  as  pre- 
scribed  by  constitution  and  laws  of  state.      (Md.  Ill  19.) 
Dual  Office  Holding 

State  Officer  Ineligible 

Adjutant-general  ineligible,  See  Militia. 

Attorney -general  ineligible,  See  Attorney-General. 

Auditor  ineligible,  See  Auditor. 

Clerk  of  court  ineligible,  See  Courts  —  Clerks. 

Clerk  of  lower  house  ineligible,  See  above,  this  title,  Officers 

—  Qualifications  and  Disqualifications. 
Collector   of   taxes  ineligible.      (111.   IV   3;   S.D.  Ill   3;    Va. 

IV  44.) 
Commissary-general  ineligible,  See  Militia. 
Commissioner  of  revenue  ineligible.      (Va.  IV  44.) 
Comptroller  ineligible,  See  Comptroller. 
Constable  ineligible,  See  Constables. 
Coroner  ineligible,  See  Coroners. 

Council,  member  of,  ineligible,  See  Governor  —  Council. 
County  attorney  ineligible,  See  Prosecuting  Attorneys. 
Custom  officers,  including  naval  officers,  ineligible.      (Mass. 

1't.  II  Chap.  VI  2;   N.H.  II  94.) 
Governor  ineligible,  See  Governor. 
Judges  ineligible,     See  Courts  —  Judges. 
Judge  of  probate  ineligible,  See  Courts  —  Probate  Courts. 
Justice  of  peace  ineligible.  See  Courts  —  Justices  of  Peace. 
Lieutenant-governor  ineligible,  See  Lieutenant-Governor. 
.Military  officers  receiving  pay  from  continent  or  state,  except 
olficers  occasionally  called  forth  on  emergency,  ineligible. 

(N.H.  II  94.) 
Recerver-general  ineligible.     (Mass.  Pt.  II  Chap.  VI  2.) 
Recorder  ineligible,  See  Counties. 
Register  ineligible.      (Tenn.  II  26.) 

Register  of  deeds  ineligible,  See  Counties  —  Recorder. 
Register  of  probate  ineligible,  See  Courts — Probate  Courts. 
Secretary  of  state  ineligible,  See  Secretary  of  State. 
Sergeairl   ineligible.     (Va.  IV  44.) 
Sheriff  and  deputies  ineligible,  See  Sheriffs. 
Solicitor-general  ineligible,  See  Solicitor-General. 
State's  attorney  ineligible,  See  Prosecuting  Attorneys. 
Surveyor-general  ineligible,  Sec  Surveyor-General. 


Index  Digest  927 


LEGISLATURE    (Cont'd) 

Qualifications  and  Disqualifications  of  Members    [Cont'd) 
Dual  Office  Holding    {Cont'd) 

State  Officer  Ineligible   (Cont'd) 

State  treasurer  ineligible;  See  Treasurer. 
Tax  assessor  ineligible.     (Va.  IV  44.) 

No   person    holding    salaried    office   under    the    state   eligible 

during   continuance  in   office;   election    to   Legislature   and 

qualification  as  member  to  vacate  office.      (Va.  IV  44.) 

No  person  to  serve  who  is,  at  time  of  such  service,  an  officer 

of  the  state  government,  or  is  receiving  compensation  as 

such.     (Okla.  V  18.) 
No  person  holding  any  office  (except  of  attorney-at-law  or  in 
militia),   under   this   commonwealth,   eligible   during  con- 
tinuance  in   office.      (Pa.   II   6.) 
No  person  holding  an  office  under  Ibis  state  (except  that  of 
notary  public  or  in  militia),  eligible  during  continuance 
in  office.      (Mont.  V  7;   Wyo.  Ill  8.) 
No  person  holding  any  office  under   this   state    (except  at- 
torneys-at-law,    notaries    public    or    in    militia),    eligible. 

(Colo.  V  S.) 
No  person  holding  any  office  under  the  slate   (except  officers 
usually   appointed  by   the  courts    of   justice,    respectively, 
attorneys-at-law  and  officers  in  the  militia),  eligible  dur- 
ing continuance  in  office.      (Del.   II   14.) 
No  person  holding  any  office  under  state  or  under  any  county, 
eligible   (except  notaries  public,  officers  of  militia  and  offi- 
cers elected  by  townships).      (Mich.  V  6.) 
No  person  to  be,  at   same  time,  member  of  legislature  and 
officer   of   any    county,   city,  town   or   municipality,   or   an 
employee  thereof,      (Ky.   165.) 
No  person  holding  lucrative  office  under  this  state  eligible. 

(W.Va.  VI    13.) 

No   person   holding   lucrative  office  under   state   government 

eligible    during    term     for    which    elected    or    appointed. 

(Tex.  Ill   19.) 

No  person  holding  lucrative  office  under  Ibis  stale  eligible, 

but  appointments  in  militia  and  offices  of  notary  public 

and  justice  of  peace  not  to  be  considered  lucrative.      (111. 

IV  3;  S.D.  Ill  3.) 
No    person    holding    any    lucrative    office    under    this    state 
eligible,   but    offices    in    militia   to   which   is   attached    no 
annual  salary  or  office  of  justice  of  peace  or  notary  pub- 
lic, not   to  be  deemed   lucrative.      (Iowa    ill    22.) 
No    person    holding     lucrative    office    under     state    eligible 
(military    officers,     justices    of    peace,    officers    of    public 
schools,    and    notaries,    excepted).       (Ark.    V    7.) 
No  person  holding  any  lucrative  office  under  the  authority 
of  this  state  eligible   (township  officers,  justices  of  peace, 
notaries  public  and  officer's  of  militia,  excepted).      (Xebr. 

Ill  (J:  Ohio  II    L) 


-  date  Constitutions 


LEGISLATURE  </) 

,ii  DiSQUAIJfflCATIQNS  of  Members    (Cont'd) 

Dual  Office  Holding    (Cont'd) 

,   Ineligible  {.Cont'd) 

No  person  holding  a  lucrative  office  under  this  state  or  any 
municipality  thereof  (military  officers,  justices  of  peace 
ami  notaries  public,  excepted),  eligible;  acceptance  of 
any  such  office  to  vacate  seat.      (Mo.  IV  12.) 

No  person  holding  a  lucrative  office  or  appointment  under 
tins   state  eligible.      (Fla.  Ill  7.) 

No  person  holding  lucrative  office  or  appointment  under 
state,  eligible,  but  offices  of  militia  to  which  no  annual 
compensation  attached,  not  to  be  deemed  lucrative.     (Ind. 

II   9;    Ore.   II    10.) 

.\o  person  eligible,  who  at  time  of  election  is,  or  within  100 

days   previous  thereto   has   been,    an   officer   of   any   city 

government;   acceptance  of  appointment  to  such  office  to 

vacate   seat.      (N.Y.   Ill  8.) 

No  person  holding  any  office  of  profit  eligible;  office  to  be 
considered  vacant  on  being  elected  and  taking  seat.     (N.J. 

IV  Sec.  V  3.) 

No  person  holding  any  office  of  profit  under  this  state  eli- 
gible (office  in  militia,  attorney-at-law,  notary  public  or 
justice  of   peace,   excepted).      (N.D.   II   37.) 

No  person  holding  office  of  profit  under  state,  eligible  dur- 
ing continuance  in  office  (justices  of  peace,  notaries  pub- 
lic, coroners  and  officers  of  militia,  not  ineligible).      (Me. 

IV  Pt,  III   11.) 

No  person  holding  civil  office  of  profit  or  trust  under  state, 
eligible,  except  justices  of  peace.      (Md.  "Ill    11.) 

.No  person  eligible  who,  at  time  of  qualifying,  holds  an 
office  of  trust  or  profit  under  the  state  or  county  govern- 
ment, except  notaries  public  and  officers  of  the  militia 
who  receive  no  salary.      (N.M.  IV  3.) 

No  person  eligible  while  holding  any  office  or  position  of 
profit  or  trust  under  this  state  (except  officers  in  militia 
and  notaries  public)  ;  acceptance  or  exercise  of  any  such 
office  or  position  to  vacate  seat,     (S.C.  Ill  24.) 

No  person  holding  any  office  or  place  of  trust  or  profit 
under  state  (except  officers  in  militia,  justices  of  peace, 
commissioners  of  public  charities  or  for  special  purposes), 

eligible.       (N.C.    XIV    7.) 

No  person  holding  any  public  office  of  profit  or  trust  under 
authority  of  state,  eligible  (appointments  in  militia  and 
office  of  notary  public  and  justices  of  peace,  excepted). 

(Ariz.  IV  Pt.  II  4.) 

No  person  holding  any  public  office  of  profit  or  trust  under 
the  authority  of  this  state  eligible,  but  appointments  to 


I.NDKX    D Ii;  K.ST  929 


LEGISLATURE    (Cont'd) 

Qualifications  and  Disqualifications  of  Memhers    (Cont'd) 
Dual  Office  Holding    (Cont'd) 

State  Officer  Ineligible   (Cont'd) 

state  militia  and  offices  of  notary  public  and  justice  of 
peace    not    to    be    considered    offices    of    profit    or    trust. 

(Utah  VI  6.) 
No    person    holding    civil    or    military    office   under    United 
States   or   any   other   power,   eligible ;    acceptance  of   any 
such  office  to  vacate  seat;   but  officers  of  militia  of  the 
state    who    receive    no    annual    salary    and    local    officers 
whose  compensation  does  not  exceed  $300  per  annum,  not 
disqualified.      (Wash.    II    14.) 
No   person   holding  military   commission   or   other   appoint- 
ment or  office  having  emolument  or  compensation  annexed 
thereto   under   this   state    (except   justices   of   peace   and 
officers  of  militia),  eligible.      (Ga.  Ill  Sec.  IV  7.) 
Member    of    senate    acting    as    governor    or    lieutenant-gov- 
ernor thereupon  vacates  seat.      (S.C.  IV  8.) 
Ineligible  to  State  Office  Generally 

Member  not  to  be  councillor.      (Me.  V  Pt.  II  4.) 
Not  to  hold,  during  time  for  which  elected,  any  office  under 

authority  of  state.     (Minn.  IV  9.) 
Not  to  be  appointed  during  term  for  which  elected  to  any 
office  under  state  or  any  municipality  thereof.      (Mo.  IV 

12.) 
Ineligible  during  term  for  which  elected  to  any  office,  elec- 
tion to  which  is  fixed  in  legislature.      (Ind.  IV  30;   Ore. 

IV    30.) 

Not  to  be  appointed  to  any  office  or  place,  appointment  to 

which  may  be  made  in  whole  or  in  part  by  either  house. 

(Tex.  Ill   IS.) 

Not  to  be  appointed  to  any  civil  office  under  state  during 

term  for  which  elected.     (Colo.  V  S;   Mont.  V  7;   N.M. 

IV  28;   Pa.  II  6;   Wyo.  Ill  S.) 
Not  to   be   appointed   or  elected   to   any   civil   office  under 

state  during  term  for  which  elected.      (Ark.  V   10.) 
Not    to    be    appointed    or    elected,    during    term    for    which 
elected,    to    civil    office    of    profit    in    state,    except    office 
filled  by  election  by  people.      (Va.  IV  45.) 
Not  to  receive  any  civil  appointment  from  governor  or  gov- 
ernor and  senate  during  term  for  which  elected.      (X.D. 

II    39.) 

Not  to  be  appointed  by  governor,  with  or  without  advice 

and  consent  of  senate,  to  any  office  of  appointment  having 

emoluments    annexed    thereto,    during    time    for    which 

elected.     (Ga.  Ill  Sec.  IV  7.) 

Not  to  receive  any  civil  appointment  within  the  state  from 

governor  or  senate  during  term  for  which  elected;   such 

30 


930  State  Constitutions 


LEGISLATURE  d) 

Qualifications  am>  Disqualifications  of  Members    (Cont'd) 
Dual  Office  Holding   (Cont'd) 

jm  to   State  Office   Generally    {Cont'd) 

appointments  and  votes  given  for  such  member  therefor 
to  be  void.     (Nebr.  Ill  13.) 
Not    to    receive   any   civil    appointment   within    state   from 
governor   and   senate,   or   from   general   assembly,   during 
term  for  which  elected;  any  such  appointment  to  be  void. 

(111.  IV  15.) 

Not   to   receive   any   appointment   from   governor,   governor 

and    senate,   or   from  legislature,   during  term   for  which 

elected.     (Okla.  V  23.) 
Not    to    receive   any    civil    appointment    from    governor    or 
senate,   governor    and   senate   or   from   legislature   during 
term  for  which  elected;  such  appointment  and  vote  given 
for   such   member   therefor   to   be   void.       (S.D.    Ill    12.) 
to  be  appointed,  during  time  for  which  elected,  to  any 
office  or  place  of  trust,   appointment   to  which  is  vested 
in  executive  or  general  assembly,  except  to  office  of  trustee 
of  a  literary  institution.      (Tenn.  II   10.) 
Not    in   receive  any   civil   appointment   in   state   from  gover- 
nor, from  governor  and  senate  or  from  legislature,  or  from 
any  city  government  during  time  for  which  elected;   such 
appointment  and  votes  given  therefor,  to  be  void.      (N.Y. 

Ill  7.) 
Not  to  receive  any  civil  appointment  within  state  from  gov- 
ernor (except  notaries  public),  or  from  governor  and 
senate,  state  legislature  or  any  other  state  authority 
during  term  for  which  elected;  such  appointments  and 
votes  given  for  such  member  therefor  to  be  void.     (Mich. 

V  7.) 
Ineligible  to  State  Office  Created  During  Term 

No  member,  after  qualification,  notwithstanding  resigna- 
tion, to  be  eligible  during  whole  period  of  time  for  which 
elected  to  office  created  or  salary  or  profits  of  which 
increased  during  such  term.  (Md.  Ill  17.) 
Not  to  be  appointed  or  elected,  during  term  for  which 
elected,  to  office  or  commission  in  state  created  or  emolu- 
ments thereof  increased  during  his  term  of  office.    (Okla. 

V  23.) 
Not  to  be  appointed,  during  term  for  which  elected,  to 
civil  office  under  state  created  or  emoluments  of  which 
increased  during  such  term.  (Del.  IT  14;  Tex.  Ill  18.) 
Not  to  be  appointed  or  elected,  during  term  for  which 
elected,  to  any  civil  office  in  state  created  or  emoluments 
of  which  increased  during  such  term.      (N.D.  II  39;  S.D. 

Ill  12;  Wash.  II  13;  Wis.  IV  12.) 


Im»kx   Digest  doi 


LEGISLATURE    (Cont'd) 

Qualifications  and  Disqualifications  of  Members    (Cont'd) 
Dual  Office  Holding   (Cont'd) 

Ineligible  to  State  Office  Created  During   Term   (Cont'd) 

Not    to    be    appointed    or    elected,    during    time    for    which 
elected,  to  any  civil  office  under  constitution  of  this  eta 
created   or   emoluments   of   which   increased   during   such 

time.     (Fla.  Ill  5.) 
Not   to   be    appointed,    during   term    for    which    elected,    to 
civil  office  created  or  emoluments  of  which  increased  dur- 
ing such  term,  except  offices  filled  by  election  by  people. 

(Ore.  IV  30.) 
Not  to  be  appointed,  during  term  for  which  elected,  by 
governor  or  by  legislature  in  joint  meeting  to  civil  office 
under  authority  of  state  created  or  emoluments  of 
which  increased  during  such  time.  (N.J.  IV  Sec.  V  1.) 
Not  to  be  appointed,  during  term  for  which  elected,  to  any 
office  of  profit  created  or  emoluments  of  which  increased 
during  time  in  office,  except  to  offices  filled  by  election  by 

people.      (Miss.  IV  45.) 

Not  to  be  appointed,  during  term  for  which  elected,  to  any 

office  of  profit  created  or  emoluments  of  which  increased 

during    such    term,    except    offices    filled    by    election    by 

people.      (Ala.  IV  59.) 

Not    to    be    appointed    or    elected,    during    term    for    which 

elected,  to  any  civil  office  of  profit  under  state  created  or 

emoluments  of  which  increased  during  said  term.      (Ariz. 

IV  Pt.  II  5;  Utah  VI  7.) 

Not  to  be  appointed,  during  term  for  which  elected,  to  any 

civil   office   of   profit   under   state   created   or   emoluments 

of  which  increased  during  such  term,  except  office  filled 

by   election   by  people.      (Cal.  IV   19;    Ind.   IV   30;    Iowa 

III  21;   Me.  IV   Pt.   Ill    10.) 
Not    to    be    appointed    or    elected,    during    term    for    which 
elected,  to   any   civil   office   of   profit  under  state   created 
or  emoluments  of  which  increased  during  such  term,  ex- 
cept offices  to  be  filled  by  election  by  people.      (W.Va.  VI 

15.) 

Not   to   hold   office   under    state   created   or   emoluments   of 

which  increased  during  session  of  legislature  of  which  a 

member,  until  one  year  after  expiration  of  term  of  office. 

(Minn.  IV  9.) 
Not  to  be  appointed,  during  term  for  which  elected  or  for 
one  year  thereafter,  to  any  civil  office  under  state  cre- 
ated or  emoluments  of  which  increased  during  term  for 
which  elected.  (Ohio  II  19.) 
Not  to  be  appointed  to  any  civil  office  in  state  during  term 
for  which  elected;  nor  within  one  year  thereafter  to  any 
civil  office  created  or  emoluments  of  which  increased  dur- 
ing such  term.     (N.M.  IV  28.) 


E  k    UNSTITUTIOXS 


LEGISLATURE 

QUAIZHMUXIOXS    AHD   DISQUALIFICATIONS    OF   MEMBERS     (Cont'd) 

Dual  Office  Holding   {Cont'd) 

Indnjih,  office  Created  During  Term   (Cont'd) 

Hoi  to  !"•  appointed,  during  term  for  which  elected  and  for 
one  year  thereafter,  to  any  civil  office  of  profit  under 
abate  created  or  emoluments  of  which  increased  during 
such    term,    except    offices    filled    by    election    by    people. 

(Nev.   IV  8.) 

Not    to    be    appointed    or    elected    during    term    for    which 

elected  nor  for  one  year  thereafter,  to  any  civil  office  of 

profit    in  •  state    created    or    emoluments    of    which    in- 

CTeasdd  during  term,  except  to  office  filled  by  election  of 

people.      (Ky.  44.) 
Not   to   be    appointed    or    elected,    during    term    for   which 
elected    and    one   year   thereafter,    to    any    civil    office   of 
profit    or    trust    under    state    created    or    emoluments    of 
whicb  increased  by  legislature  during  time  he  was  mem- 
ber thereof.     (La.  27.) 
United  States  Offices 

No  merriber  of  Congress  eligible.  (Ark.  V  7;  Colo.  V  8; 
Conn.  X  4;  Del.  II  14;  111.  IV  3;  La.  164;  Me.  IV  Pt. 
Ill    11;  Mont.  V  7;   Pa.  II  6;   S.D.  Ill  3;   Tex.  XVI  12; 

W.Va.  VI  13;  Wyo.  Ill  8.) 

No    member    of    Congress    eligible;    acceptance    of    seat    in 

Congress  to  vacate  seat  in  legislature.      (Kan.  II  5;  Md. 

ill   lo;    Mo.  IV   12;   X.H.  II  94;  Wash.  II   14;   Wis.  IV 

13.) 
No  person  eligible,  who  at  time  of  election  is,  or  within  100 
days   previous    thereto    has    been,    member    of    Congress; 
acceptance  of  seat  in  Congress  to  vacate  seat  in  legisla- 
ture.    (X.Y.  Ill  8.) 
No  person  to  serve  who  is,  at  time  of  such  service,  an  officer 
of   United   States   or   is   receiving   compensation    as   such. 

(Okla.  V  18.) 

No  officer  of  United  States  eligible.     Acceptance  of  elective 

or  appointive  office  under  United   States   to  vacate  seat. 

(Kan.  II  5.) 
Xo  person  holding  any  office  under  United  States  eligible. 

(Mich.  V  6.) 

No  person  holding  office  under  United  States  eligible  during 

continuance  in  office.      (Colo.  V  S;  Mont.  V  7;  Pa.  II  6; 

Wyo.  Ill  8.) 
No  person  holding  an  office  under  United  States  eligible 
during  cunt  inuanee  in  office;  acceptance  of  such  office  to 
vacate  seat  in  legislature.  (X.H.  II  94.) 
No  peraon  holding  any  office  under  government  of  the 
United  States  eligible,  unless  at  time  of  oath  he  shall 
have  resigned  such  office.     (R.I.  IX  6.) 


Index  Dig'est  933 


LEGISLATURE    (Cont'd) 

Qualifications  and  Disqualifications  of  Mi  mi.kjjs    \c<,nt'd) 
Dual  Office  Holding    (Cont'd) 

United  States  Offices   (Cont'd) 

No  person  holding  office  under  United  States    ( postmasters 
excepted),    eligible    during    continuance    in    office.       (Me. 

IV  Pt.  Ill  11.) 
No   person   holding   office   under   tlie   United    States,    except 
officers   usually    appointed   by   the    ooarts   of    justice,    re- 
spectively,   eligible    during    continuance    in    office.       (Del. 

II   14.) 

Xo    person    holding    office    under    authority    of    the    United 

States   eligible.      (Conn.    X   4;    Xebr.   Ill   6;    Ohio   II    4; 

Tenn.  II  26.) 
Xo    person    holding    any   office   under    authority    of    United 
States   eligible    (postmasters   excepted).      (Mass.   Amend. 

\  III.) 
Xo  person  holding  lucrative  office  under  United  States,  eli- 
gible.     (111.   I\    3;    W.Va.  VI   13.) 
Xo    person    holding    lucrative   office   or    appointment   under 

United  States,  eligible,      (Fla.  Ill  7.) 
Xo    person    holding    lucrative    office    under    United    States 
eligible    during    term    for    which    elected    or    appointed. 

(Tex.  Ill   19.) 

Xo    person    holding    lucrative    office    under    United    States, 

eligible;    acceptance    of    any    such    office   to   vacate    seat. 

(Mo.  IV  12.) 
Xo    person    holding    lucrative    office    under    United    States 

(postmasters  excepted),  eligible.    (Ark.  V  7.) 
Xo    person    holding    lucrative   office    or    appointment   under 
United   States   eligible;    but  office   of   deputy   postmaster, 
with  salary  not  exceeding  $90  per  annum,  not  to  be  deemed 
lucrative.      (Ind.  II  9.) 
Xo    person   holding   any   lucrative   office   under   the   United 
States,  eligible,  but  office  of  postmaster  whose  compensa- 
tion does  not  exceed  $100  per  annum,  not  to  be  deemed 
lucrative.      (Iowa  III   22.) 
Xo  person  holding  a  lucrative  appointment  or  office  under 
United    States,    eligible,    but    office    of    postmaster    with 
compensation   not   exceeding   $100   per   annum   not   to   be 
deemed  lucrative.      (Ore.  TI   10.) 
Xo    person    holding    lucrative    office    or    office    of    honor    or 
profit   under    United    States    government,    eligible,    except 
postmasters    receiving    annual    compensation    not   exceed- 
ing $300.      (S.D.   Ill   3.) 
Xo  person  holding  office  of  profit  under  United  States  gov- 
ernment, eligible:   acceptance  of. such  office  to  vacate  seat. 

(X.J.    IV    Sec   V    3.    2.) 
Xo  person  holding  office  of  profit   or  trust  under  authority 
of  Congress,  eligible.      (Vt.  II  50.) 


934  State  Constitutions 


LEGISLATURE    [Cont'd) 

unifications  and  Disqualifications  of  Members   {Cont'd) 
Dual  Office  Holding    i  Cont'd) 

United  States  Offices  [Cont'd) 

No    person   eligible   who   at   time   of    qualifying   holds    any 
office    of    trust    or    profit    under    national    government. 

(N.M.  IV  3.) 
No    person    holding   or    exercising   office    of    trust   or   profit 
under  United  States,  eligible.      (La.   164;   Tex.  XVI  12.) 
No  person  holding  any  office  or  position  of  profit  or  trust 
under    Tinted   States,   eligible;    acceptance   of    such   office 
or   position  to  vacate  seat.      (S.C.  Ill  24.) 
No   person  holding  any  office  of  profit  or  honor  under  gov- 
ernment of  the  United  States  except  postmasters  receiv- 
ing   annual    compensation    not    exceeding    $300,    eligible. 

(N.D.   II   37.) 

No   person  holding  office  or  place  of  trust  or  profit  under 

1  ni ted  States  or  any  department  thereof,  eligible.      (N.C. 

XIV  7.) 
No  person  holding  any  public  office  of  profit  or  trust  under 
authority  of  the  United  States,  eligible.      (Utah  VI  6.) 
No  person  holding  any  public  office  of  profit  or  trust  under 
authority   of   United   States,   eligible,   but   United   States 
commissioner    and    postmaster    of    fourth    class    not    dis- 
qualified.     (Ariz.   IV   Pt,   II   4.) 
No  person  holding  office  or  position  of  profit  or  emolument 
under    United   States   government   or   in    employ   of   such 
government,   eligible.      (Va.   IV  44.) 
No  person  holding  any  civil  or  military  office  under  United 
States,   eligible;    acceptance  of   any  such  office  to  vacate 

seat.     (Md.  Ill  10;  Wis.  IV  13.) 
No   person   holding  military   commission   or   other   appoint- 
ment or  office  having  emolument  or  compensation  annexed 
thereto    under    government    of    United    States,    eligible. 

(Ga.  Ill  Sec.  IV  7.) 
NO  person  eligible,  who  at  time  of  electipn  is,  or  within 
100  days  previous  thereto  has  been,  civil  or  military 
officer  under  United  States;  acceptance  of  appointment  to 
such  office  to  vacate  seat.  (N.Y.  Ill  8.) 
No  person  holding  any  civil  or  military  office  under  the 
United  States,  eligible;  acceptance  of  appointment  to 
any  office  civil  or  military  under  government  of  United 
stales  to  vacate  seat;  but  postmasters  not  disqualified 
whose   compensation    does    not    exceed    $300    per    annum. 

(Wash.  II  14.) 

Not  to  hold,  during  term  for  which  elected,  any  office  under 

authority   of   United   States,   except   that   of   postmaster. 

(Minn.   II   9.) 

Not  t(,  receive  appointment  in  senate  of  United  States  from 

ivernor,  governor  and  senate,  or  legislature,  during  time 


Index  Digest  935 


LEGISLATURE    (Cont'd) 

Qualifications  and  Disqualifications  of  Members    (Cont'd) 
Dual  Office  Holding   (Cont'd) 

United  States  QjfuRep   (Cont'd) 

for    which    elected;     such    appointment    and    votes    given 
therefor  to  be  void.      (N.Y.  Ill  7.) 

Not  to  receive  appointment  in  senate  of  United  States  from 
governor,  governor  and  senate,  legislature  or  any  other 
state  authority  during  term  for  which  elected;  such 
appointment  and  votes  given  for  such  member  therefor  to 

be  void.     (Mich.  V  7.) 
Offices  Outside  State 

No  person  holding  military  commission  or  other  appoint- 
ment or  office  having  emolument  or  compensation  annexed 
thereto  under  any  other  state,  eligible  (except  justices 
of  peace  and  officers  of  militia).     (Ga.  Ill  Sec.  IV  7.) 

No  person  holding  or  exercising  office  of  profit  or  trust 
under   any  other   state  or  under   foreign   power,   eligible. 

(Tex.   XVI    12.) 

I     No  person  holding  any  office  or  position  of  profit  or  trust 

under   any  other  state  or  power  eligible    (except  officers 

in   militia   and   notaries   public)  ;    acceptance  or   exercise 

of  such  office  or  position  to  vacate  seat.      (S.C.  Ill  24.) 

No  person  holding  any  office  or  place  of  trust  or  profit 
under  any  other  state  or  government  (except  officers  in 
militia,  justices  of  peace,  commissioners  of  public  chari- 
ties  or   for   special   purposes),   eligible.      (N.C.   XIV   7.) 

No  person  holding  any  office  of  honor  or  profit  under  for- 
eign government  eligible.      (N.D.  II  37;  S.D.  Ill  3.) 

No  person  holding  or  exercising  office  of  trust  or  profit 
under   foreign   power,   eligible.      (La.    164.) 

No  person  holding  lucrative  office  under  foreign  government 
eligible  during  term  for  which  elected  or  appointed. 
(111.  IV  3;  S.D.  Ill  3;  Tex.  Ill  19;  W.Va.  VI  13.) 

No  person  holding  any  lucrative  office  under  any  other 
power  eligible,  but  officers  in  militia  to  which  is  at- 
tached no  annual  salary,  or  office  of  justice  of  peace  or 
notary  public  not  to  be  deemed  lucrative.     (Iowa  III  22.) 

No  person  holding  any  civil  or  military  office  under  any 
other  power  eligible;    acceptance  of  such  office  to  vacate 

seat.      (Wash.  II   14.) 

Acceptance  of  appointment  under  any  other  government  to 
vacate  seat,  except  when  appointed  to  take  depositions 
or  acknowledgments  of  deeds  or  other  legal  instruments 
by  authority  of  any  other  state  or  country.     (R.I.   IX  0.) 

Education 

To  be  able  to  read,  write,   speak   and  understand   English   lan- 
guage sufficiently  well   to  perform  duties  without   aid   of   in- 
terpreter.     (Ariz.  XX  8.) 


.      ^<  INSTITUTIONS 


LEGISLATURE 

-     AM>    H.-.WUII ■■!(  ATTONS    OF    MEMBERS     (Co?lt'(I) 

Electoral 

Right  of  suffrage  required.      (N.J.  IV  Sec.  I  2.) 

ii  elector.      (Nobr.  Ill  5.) 
Qualified  electa*  of  state  at  time  of  election.     <Tex.  Ill  6,  7.) 

he  an  elector  under  constitution.      (La.   24.) 
Qualified  elector  of  state    (lower  house).      (N.C.  II   8.) 
Qualified  voter  of  state.      (Minn.  IV  25.) 

Qualified  to  vote  for  members  of  legislature  at  time  of  election. 

(Va.  IV  44.) 

Qualified   elector   of   county   or   district   represented.      (Fla.   Ill 

4;   Mich.  V  5;   Nev.  IV  *5;  N.M.  IV  3;  N.D.  II  28,  34;  Okla. 

V   17;   S.D.   III   3.) 
Qualified  voter  in  county  or  district  from  which  chosen.     (Kan. 
1  Jl   4;    Utah  VI  5;   Wash.  II  7;   Wis.  IV  6.) 
Duly  qualified  elector  in  county  for  which  chosen   at  time  of 

election.     (S.C.  Ill  7.) 
glector  of  state  at  time  of  election  and  elector  of  county  or  dis- 
trict from  which  chosen  for  at  least  one  year  preceding  elec- 
tion.    (Ida.  Ill  6.) 
Qualified   elector  of   state  for   four   years  next  before  election 
(senate);    qualified   elector   of   state    (lower   house).      (Miss. 

IV   42,    41.) 
Qualified   voter   of   state  for   three  years   next  before   election 
(senate)  ;   qualified  voter  of  state  for  two  years  next  before 
election   (lower  house).      (Mo.  IV  6,  4.) 

Embezzlement  as  Disqualification 

No  person  convicted  of  embezzlement  of  public  money  eligible. 

(Ala.  IV  CO;  Ark.  V  9;   Colo.  XII  4;  Del.  II  21;  JPa.  II  7.) 

Xo  person  convicted  of  embezzlement  or  misuse  of  public  funds 

eligible.     (Kan.  II  6.) 

Expelled  Members 

.Member  expelled  for  corruption  to  be  thereafter  ineligible  to 
cither  house.  (Ala.  IV  54;  Ark.  V  12;  Colo.  V  12;  Mont. 
V   11;   N.D.  II  38;   Okla.  V  19;  Wyo.  Ill   12.) 

Felony  as  Disqualification 

Person  convicted  of,  ineligible.     (Okla.  V  IS.) 

Forgery  as  Disqualification 

Person  convicted  of,  ineligible.      (Ark.  V  9.) 

Former  State  Treasurer,  Eligibility  of,  .^Ve   above,   this  subdivision, 

Accounting  for  Public  Funds. 
Holding    Two    Offices,    See    above,    this    subdivision,    Dual    Office 

Holding. 

Infamous  Crime  as  Disqualification 

Pe»60H  convicted  of,  ineligible.  (Ala.  IV  60;  Ark.  V  9;  Del. 
II  21;  HI.  IV  4;  Miss.  IV  44;  N.D.  II  38;  Pa.  II  7;  S.D.  Ill 

4.) 


I.vdkx  Digest  :i:;7 


LEGISLATURE    (Cont'd) 

Qualifications  and  Disiji-aui'i.  .miuns  .h    Minimus    [Oonfd] 
Inhabitant 

See  also  below,  this  subdivision,  Residence. 
Of  District  Represented 

At  time  of  election.      (Also  as  to  members  of  lower  house, 

removal  from  district  to  vacate  scat.)      IX. II.   II  28;   13.) 

For  one  year  next  preceding  election.     (Cal.  IV  4;  Ind.  IV 

7;  Mo.  IV  4,  6;  X.J.  IV  Sec.  I  2;  Ore.  IV  S.) 
For  one  year  next  preceding  election  unless  absent  on  public 
business  of  United  States  or  of  this  state.      (Del.   II  3; 

Pa.   II   5.) 
Of  State 

For  one  year  next  preceding  election.      (Iowa  III  4,  5.) 
For  two  years  next  preceding  election.     (Ind.  IV  7.) 
For  three  years  next  before  election.      (Cal.  IV  4.) 
For  three  years  next  preceding  election,  unless   absent   on 
public  business  of  United  States  or  of  this  state.      (Del. 

II  3.) 
For  four  years  next  before  election,  unless  absent  on  public 

business  of  United  States  or  of  this  state.     (Pa.  II  5.) 

For  four  years  next  before  election  (senate)  ;  for  two  years 

next  before  election    (lower  house).      (X.J.  IV  Sec.  I  2.) 

For   seven   years  immediately   preceding  election    (senate)  ; 

for    two    years    next    preceding    election     (lower    house). 

(X.H.  II  28,  13.) 

Interest  in  Contract  as   Disqualification 

Xo    person    interested    in    contract    with    or    unadjusted    claim 

against  state  to  be  eligible.      (Xebr.  Ill  6.) 
Xo  person  eligible  while  concerned  in   any   army  or  navy  con- 
tract.     (Del.  II   14.) 

Ministers  of  Gospel  Ineligible 

Xo  minister  of  gospel  or   priest  of   any   denomination   eligible. 

(Tenn.    IX    1.) 
Xo  minister  or  preacher  of  gospel  or  of  any  religious  creed  or 
denomination,   eligible.      (Md.   Ill    11.) 

Oath  of  Office,  See  above,  this  titl<\  Members  — Oath  of  Office. 

Perjury  as   Disqualification 

Person   convicted   of,   ineligible.      (Ala.   IV   GO;    Del.   II   21;    111. 

IV  4;   Miss.  IV  44;   X.D.  II   38,;    Pa.  II  7:   S.D.   Ill  4.) 
Person    convicted   of.   or   of    subornation    of    perjury,    ineligible. 

(Colo.  XII  4.) 
Member  convicted  of  having  sworn  falsely  to  and  violated  oath 
of  office,  to  be  disqualified  thereafter.     (S.D.  Ill  8.) 

Railroad  Officer  Ineligible 

Xo   salaried   officer   of   anv   railroad   company   eligible.      (W.Va. 

VI  13.) 


State  Constitutions 


LEGISLATURE    [Con? 

LIJFICATION8  ami  Di^m -.unifications  of  Members    (Cont'd) 
Residence 

See  also  above,  this  subdivision,  Inhabitant. 
In  District  Represented 

During  term  of  office.      (Okla.  V  17;  Pa.  II  5.) 
Removal  of  residence  therefrom  to  vacate  seat.      (Mich.  V 

5;  Mo.  IV  13.) 
Permanent  change  of   residence   therefrom   to  vacate   seat. 

(Fla.  Ill  8.) 
At  time  of  election.     (Kan.  II  4.) 

At  time  of  election;  removal  therefrom  to  vacate  office.    (Va. 

IV  44.) 
To  have  had  actual  residence  of  60  days  at  time  of  elec- 
tion.    (Iowa  III  4,  5.) 
For  three  months  next  preceding  election ;  to  continue  to  be 
resident  thereof  during  term  for  which  elected.     (Me.  IV 

Pt.  I  4,  Pt.  II  6.) 
For  six  months  immediately  preceding  election.      (Minn.  IV 

25.) 

For  one  year  next  preceding  election.      (Ariz.  IV  Pt.  II  2; 

Ark.  V  4;  Colo.  V  4;  Ky.  32;  Md.  Ill  9;  Mont.  V  3;  N.C. 

II  7,  S;  Tenn.  II  9,  10;  Utah  VI  5;  Wyo.  Ill  2.) 

For  one  year  next  preceding  election  unless  absent  on  public 

business  of  United  States  or  of  this  state.     (Ohio  II  3.) 
For  one  year  next  preceding  election;  removal  therefrom  to 
vacate  seat.      (Ga.  Ill  Sec.  V   1,  Sec.  VI  1,  Sec.  IV  8; 

Tex.  Ill  6,  7,  23;  W.Va.  VI  12.) 
For  one  year  next  before  election,  unless  absent  upon  public 
business  of  United  States  or  of  this  state;  removal  from 
district  to  vacate  seat.     (Nebr.  Ill  5.) 
For  one  year  next  before  election,  or,  if  not  so  long  estab- 
lished, then  of  county  or  district  from  which  same  taken. 
Members  to  reside  in  respective  counties  or  districts  dur- 
ing term  of  office.     (Ala.  IV  47.) 
To  be  of  the  freemen  of  county  from  which  elected  (senate)  ; 
of  town  from  which  elected  for  one  year    ( lower  house ) . 

(Vt.  II  15,  18.) 
At  time  of  election   (senate)  ;  for  one  year  next  preceding 
election  (lower  house) .    Seat  in  either  house  to  be  vacated 
on  removal  from  district,      (Mass.  Amend.  32,  31.) 
For  two  years  next  preceding  election.      (111.  IV  3.) 
For  two  years  immediately  preceding  election;    seat  to  be 
vacated  on  removal  therefrom.      (Miss.  IV  42,  41.) 

two    years    immediately   preceding   election;    change   of 

nee  fmm  such  district  to  vacate  sent,  declaration  of 

ifion    of    domicile    to    the    contrary    notwithstanding. 

(La.  24.) 


Index  Digest  939 


LEGISLATURE    (Cont'd) 

Qualifications  and  Disqualifications  of  Members    [Cont'd) 
Residence    (Cont'd) 
In  State 

For  one  year.     ( Wis.  IV  G.) 

For  one  year  next  preceding  election.      (Ark.  V  4;    Me.   II 

Pt.  I  4,  Pt.  II  6;  Minn.  II  25.) 
For  two  years.      (Vt.  II  62.) 

For  two  years  next  preceding  election.     (Ark.  V  4;  X.D.  II 

28,  34;  8.D.  III  3.) 
For  two  years  (lower  house).     (Utah  VI  5.) 
For    two    years    immediately    preceding    election     (senate). 

(N.C.  I!   7,  8.) 
For  three  years  next  preceding  election.     (Ala.  IV  47;  Ariz. 

IV  Pt.  II  2;   Md.  Ill  9;   NVM.  IV  3;  Utah  VI  5.) 
For   three   years   immediately   preceding   election    (senate). 

(Tenn.  II  9,  10.) 
For  five  years.      (111.  IV  3.) 
For  five  years  ( senate ) .     ( Mass.  Amend.  32. ) 
For  five  years   next   preceding   election    (senate)  ;    for   two 
years  next  preceding  election   (lower  house).     (Tex.  Ill  6, 

7,  23.) 
For    six   years   next    preceding   election    (senate)  ;    for    two 
years  next  preceding  election   (lower  house).     (Ky.  32.) 
Sex 

Male.     (Iowa  III  4;  Mo.  IV  5,  6.) 
Suffrage,  See  above,  this  subdivision,  Electoral. 
Taxpayer 

To  have  paid  state  and  county  tax  within  one  year  next    pre- 
ceding election.      (Mo.  IV  4,  G.) 
United  States  Office  Holder,  See  above,  this  subdivision,  Dual  Ofj  :>  : 

EOLDING. 

Quorum 

Adjournment    by    Governor    in    Absence    of,    See   above,    this    title, 

AlUoIIIXMENT. 

Number  Required 

Majority  of  each  house.  (Ala.  IV  52;  Ariz.  IV  9;  Cal.  IV  8; 
Colo.V  11;  Conn.  Ill  7;  Del.  II  8;  Fla.  Ill  11;  Ga.  Ill  Sec. 
IV  4;  Ida.  Ill  10;  Iowa  III  8;  Kan.  II  S:  Ky.  37;  La.  34; 
Me.  IV  Pt,  III  3:  Mass.  Amend.  XXXIII;  Mich.  V  14:  Minn. 
IV  3;  Miss.  IV  54;  Mont.  Y  10;  X..T.  IV  See'.  IV  •_' ;  X.M.  I\ 
7;  N.Y.  Ill  10;  N.D.  II  46;  Okla.  V  30;  Pa.  II  10;  R.I.  IV  6; 
S.C.  Ill  11;   S.D.  Ill  9;   Utah  VI  11:   Wash.   II  S;   Wis.    IV   7: 

Wyo.  Ill   11.) 

Majority  of   each   house    (except   when   raising   state   tax.   when 

two-thirds  of  members  elected  is  necessary).     (Vt.  II  14.  19.) 

Majority  of  members  elected  to  each  house.      (111.  IV  9;   Md.  Ill 

20;  Nebr.  Ill  7;  Xev.  IV  13;  Ohio  II  ii ;  Va.   IV  46;  W.Vfl     VI 

21   > 


State  Constitutions 


LEGISLATURE    (Cont'd) 
I'd) 
Number  Required    (Cont'd) 

.Majority  of  whole  number  of  members  of  each  house.     (Mo.  IV 

18;  N.C.  II  2.) 
Two-thirds  of  each  house.  (Ind.  IV  11;  Ore.  IV  12;  Tex.  Ill  10.) 
Two-thirds  of  all  members  to  which  each  house  entitled.     (Tenn. 

II  11.) 
In  senate,  13  members,  and  when  less  tban  16  present,  assent 
of  at  least  10  necessary  to  render  acts  and  proceedings  valid; 
in  lower  house,  majority  of  members,  but  when  less  than  two- 
thirds  of  members  elected  are  present,  assent  of  two-thirds  of 
that  number  necessary  to  render  acts  and  proceedings  valid. 

(3ST.H.  II  36,  19.) 
Powers  of  Smaller  Number 

May  adjourn  from  day  to  day  and  compel  attendance  of  absent 

members.     (Colo.  V  11;  La.  34;  Mass.  Amend.  33;  Pa.  II  10.) 

May  meet,  adjourn  from  day  to  day  and  compel  attendance  of 

absent  numbers.      (Ind.  IV   11;   Ore.  IV  12.) 
May  meet,  adjourn  from  day  to  day  and  compel  attendance  of 
absent  members  in  such  manner  and  under  such  penalties'  as 
each  house  may  prescribe.      (Ariz.  IV  Pt.   II  9.) 
May  effect  temporary  organization,  adjourn  from  day  to  day  and 

compel  attendance  of  absent  members.      (N.M.  IV  7.) 
May  adjourn  from  day  to  day  and  compel  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  may  be 

prescribed.     (R.I.  IV  6.) 

May  adjourn  from  day  to  day  and  compel  attendance  of  absent 

memliers    in    such   manner   and   under   such   penalties    as   each 

house   may    provide.      (Ala.   IV  52;    Ark.    V    11;    Cal.    IV   8; 

I    .mi.  1117:   Fla.  Ill  11;  Ga.  Ill  Sec.  IV  4;  Ida.  Ill  10;  Iowa 

III  S;   Me.   IV  Pt.  Ill  3;  Md.  Ill  20;  Mich.     V  14;   Minn.  IV 
:\:   .Miss.   IV  54;    Mo.  IV   IS;   Mont.  V   10;    Nev.  IV  13;   N.J. 

IV  Sec.  IV  2;  Okla.  V  30;  S.D.  Ill  9;  Tex.  Ill  10;  Utah  VI 
11;  Va.   IV  46;  Wash.  II  S;  Wis.  II  7;  Wyo:  III  11.) 

May  adjourn   from  day  to  day  and  to  be  authorized  to  compel 
attendance   of   absent    members,   as   each   house  may   provide. 

(W.Va.  VI  24.) 

Ma\    adjourn  from  day  to  day,  and  to  be  authorized  by  law  to 

compel    attendance   of   absent  members   in   such   manner    and 

under  such  penalties  as  may  be  prescribed  by  law.      (Ky.  37.) 

May  adjourn  from  day  to  day  and  compel  attendance  of  absent 

members  in  sueb  maimer  and  under  such  penalties  as  prescribed 

by  law.     (X.D.  II  46;  Ohio  II  6.) 

Maj    adjourn   from   day  to  day  and  may  compel   attendance  of 

I    members  in   such  manner  and  under  such  penalties  as 

prescribed  by  law  or  rule.     (S.C.  Ill  11.) 

adjourn    from  day  to  day.  and  may  be  authorized  by  law 
to  compel  aiicinlance  of  absent  members.     (Tenn.  II  11.) 


Index   Digest  041 


LEGISLATURE    (Cont'd) 
Quorum   (Cont'd) 

Powers  of  Smaller  Number   [Cont'd) 

May   adjourn   from   day   to   day   and   to   have   power    to   compel 
attendance  of  absent  members  in  such  maimer  and  under  Buch 
penalties  as  deemed  expedient.      (Del.  II  8.) 
Religious  Service  in 

No    money    to    be    appropriated    for    payment    of    in    either    house, 

I  Mich.  V  26;  Ore.  I  25.) 
Rules,  Adoption  of 

Each  house  to  establish  its  own  rules.      (Kan.  II  8.) 
Each   house   to   determine   rules   of  its   proceedings.      (Ala.   IV   53; 
Ariz.   IV   8;   Ark.  V   12;    Cal.   IV   9;    Colo.   V   12;    Conn.   Ill   8; 
Del.   II   9;    Fla.   Ill  6;    Ida.   Ill  9;    111.   IV  9;   Ind.  IV    10;    Iowa 
III  9;  Ky.  39;  La.  25;  Md.  Ill  19;  Me.  IV  Pt.  Ill  4;  Mass.  Pt.  II 
Ch.  I  Sec.  II  7,  Sec.  Ill  10;   Mich.  V  15;  Minn.  IV  4;   Miss.   I\ 
55;  Mont.  V  11;  Nebr.  Ill  7;  Xev.  IV  6;  N.H.  II  21,  36;  N.J.   IV 
Sec.  IV  3;   N.M.   IV   11;   N.Y.  Ill   10;   N.D.   II  48;   Okla.  V  30; 
Ore.  IV  11;  Pa.  II  10;  R.I.  IV  7;  S.C.  Ill  12;  Tenn.  II  12;  Tex. 
Ill  11;  Utah  VI  12;  Va.  IV  47;  Vt.  II  19;  Wash.  II  9;  W.Va.  VI 
24;  Wis.  IV  8;  Wyo.  Ill  12.) 
Each  house  may  determine  rules  of  own  proceedings  except  as  herein 

provided.      (Mo.  IV  17;   Ohio  II  S;   S.D.  Ill  9.) 
Each  house  to  determine  rules  of  its  proceedings  but  not  to  adopt 
any  rule  that  will  prevent  majority  of  members  elected  from  dis- 
charging committee  from   further   consideration   of   any   measure. 

(Mich.  IV  15.) 
Sessions 

Adjournment,  See  above,  this  title,  Adjournment. 
Attendance  of  Members,  Compelling,  See  above,  this  title,  Quorum  — 

Powers  of  Smaller  Number. 
Special  Sessions,  See  below,  this  subdivision,  Special  Sessions. 
Calling  to  Order 

By  oldest  member  present,  who  presides  until  president,  of  senate 
or  speaker  of  house  chosen  and  seat  taken.      ( \V.  Va.  VI  24.) 
Senate,   by   lieutenant-governor;    lower   house,   by    secretary    of 
state,   who  preside  until   election   of   speaker.      (N.M.    IV   S.) 
If  lieutenant-governor  not  present  in  senate,  secretary  of  slate 
to  preside  until   president  pro   tern   elected.     Senior  member 
from   town   of   Newport  to   preside   in   organization   of   lower 
house.       (R.I.   V   2;    Amend.    XTV   2.) 
Secretary  of   state  to  call  lower  house  to  order   at   openinp   of 
new   assembly   and    preside   until   temporary   presiding   officer 
chosen  and  seat  taken.      (111.  IV  9;  Nebr.  Ill  7.) 
English  Language 

Proceedings  to  be  conducted   in  no   other  than.      (Cal.    1 V   24; 
La.   165;   Mich.  XVI  6.) 
Frequency 

Annual.     (Ga.  Ill  Sec.  IV  3;  N.J.  IV  Sec.  I  3;  N.Y.  X  6;  R.I. 

Amend.  XI  1;  S.C.  Ill  9.) 


State   Con-tuitions 


LEGISLATURE    [Cont'd) 
Cont'd) 
Frequency    (Cont'd) 

Animal,  and  at  such  other  times  as  legislature  may  judge  neces- 
sary. (Conn.  Ill  2;  Mass.  Amend.  X.) 
Biennial.  (Ariz.  IV  3;  Ark.'  V  5;  Cal.  IV  2;  Del.  II  4;  Fla.  Ill 
2;  [da.  Ill  8;  Ind.  IV  9;  Iowa  III  2;  Kan.  II  25;  Ky.  36; 
La.  23 j  Me.  IV  Pt.  Ill  1;  Md.  Ill  14;  Mich.  V  13;  Minn.  IV 
1;  Miss.  IV  36;  Mo.  IV  20;  Mont.  V  6;  Nebr.  Ill  3;  Nev.  IV 
2;  XI  I.  II  3;  N.C.  II  2;  X.D.  II  55;  Ohio  II  25;  Okla.  V  27; 
Ore.  IV  10;  Pa.  II  4;  S.D.  Ill  2;  Tex.  Ill  5;  Utah  VI  2; 
Vt.  II  7;  Va.  IV  46;  Wash.  II  12;  W.Va.  VI  18;  Wis.  IV  11; 

Wyo.  Ill  7.) 
Quadrennial.      (Ala.  IV  4S.) 

To  meet  in  year  next  ensuing  election  of  members.     (S.D.  Ill  7.) 
Ought  frequently  to  assemble.      (Md.  D.R.  12;  Mass.  Pt.  I  22; 

S.C.  I  3.) 
Legislative  Day 

To  be  construed  to  mean  a  calendar  day.      (Ky.  42.) 
Not  to  be  shorter  than  natural  day.      (N.D.  II  63.) 
Length 

For  limitation  of  per  diem  of  members  to  certain  number  of  days 
of  session,  See  above,  this  title,  Members  —  Compensation  — 

Salary. 
Nut  to  exceed  40  days.     (Wyo.  Ill  6.) 
Xo  longer   than   45  days  without   concurrence  of   two-thirds   of 

members  elected  to  each  house.     (W.Va.  VI  22.) 
Not  to  exceed  50  days.     (Ala.  IV  48.) 

Not    to   exceed   50   days   unless   impeachment    trial    pending    at 
end  of  that  period,  when  session  may  be  prolonged  until  end 

of  trial.     (Ga.  Ill  Sec.  IV  3.) 
•'  May  extend  to  60  days  ".     (Fla.  Ill  2.) 

To  be  not  less  than  60  days    (except  special  sessions).      (Xebr. 

Ill  4.) 
\..t    to   exceed    60   days.       (La.    23;    Mont.    V    25;    Xev.    IV   29; 

N.M.  IV  -5;  Wash.  II  12.) 

Nol    to  exceed  60  days,  but  with  concurrence  of  three-fifths  of 

members  elected  to  each  house  may  be  extended  not  exceeding 

30  days.)      (Va.  IV  46.) 

Not  to  exceed  60  days  unless  by  vote  of  two-thirds  of  members 

elected   to  each  house;    limitation  does  not   apply  to  sessions 

when  impeachments  are  pending.      (Ark.  V  17.) 

Not  to  extend  beyond  60  legislative  days,  exclusive  of  Sundays 

and   legal   holidays;    limitation   not   to   apply  to   senate  when 

sitting  as  a  court  of  impeachment.      (Ky.   42.) 

Nol   to  exceed  60  days  except  in  cases  of  impeachment.      (N.D. 

II  56;  S.D.  Ill  6;  Utah  VI  16.) 
Nol  to  exceed  61  days.     (Ind.  IV  29.) 
Not  to  exceed  90  days.     (Colo.  V  6;  Md.  Ill  15.) 
Not  to  exceed  90  legislative  days.     (Minn.  IV  1.) 


I  \dex  Digest  943 


LEGISLATURE    (Cont'd) 
Sessions   [Cont'd) 
Length    (Cont'd) 

To  be  dissolved  on  day  next  preceding  date  of  next    regular  ses- 
sion without  proclamation  or  other  act  of  governor.      (Mass. 

Amend.   X.) 
To  dissolve  and  be  dissolved  seven  days  before  date  of  beginning 
of  next  regular  session.     (X.H.  II  3.) 
Minutes 

When   practicable,   minutes   of   each   session   to   be    printed    and 
placed  in  hands  of  members  on  day  following.      (La.  30.) 
Open  to  Public,  See  above,  this  title,  Proceedings  Public 
Organization 

Mode  of  organizing  lower  house  at  commencenu  nt   of  each  regu- 
lar session  to  be  prescribed  by  law.      (Ohio  II  7.) 
May  be  regulated  by  law  subject  to  limitations  contained  in  con- 
stitution.    (R.I.  IV  6.) 
Organize,  Failure  to 

In  case  of,  within  four  days  after  quorum  present,  members 
entitled  to  no  compensation  from  end  of  said  four  days  until 
organization  effected.  (Ida.  Ill  10.) 
In  case  of,  within  five  days  after  quorum  present,  members  to 
receive  no  compensation  from  end  of  said  five  days  until 
organization  effected.  (Ind.  IV  11;  Ore.  IV  12.) 
Place 

General  Rule 

Seat  of  government.  (Ark.  V  5;  Conn.  Amend.  XIV; 
Fla.  Ill  1;  Ky.  36;  La.  23;  Md.  D.R.  11;  Mich.  V  13; 
Minn.  IV  1;  Mont.  V  6;  Xev.  IV  1;  X.M.  IV  1;  X.D.  II 
53;  Okla.  V  26;  S.C.  Ill  9;  S.D.  Ill  7;  Tex.  Ill  5S;  Utah 
VI  2;  W.Va.  VI  IS;  Wis.  IV  11;  Wyo.  Ill  7.) 
State  capital.      (Del.   II   5;    Ida.   Ill   8;'  Kan.   II   25;    Ore. 

IV  10.) 
State  capital,  unless  different  place  appointed  by  law.     (Ind. 

[V  9.) 
At  capital.     (Ala.  IV  48;  Ariz.  IV  3.) 
Exceptions 

Ought  not  to  be  convened  or  held  at  other  place  than   Bea1 

of  government  but  from  evident  necessity.     (Md.  D.R.  11.) 

In   case   of  insurrection,   conilagration   or   epidemic   disease, 

may  temporarily  meet  and  sit  elsewhere.     (Del.  II  5.) 
In   case   of   war,    insurrection   or   pestilence,   by   permission 
of  governor  may  assemble  elsewhere  for  time  being.    (Ky. 

36.) 

Governor  may  convene  at  another  place  when  in  his  opinion 

it  cannot  safely  assemble  at  seat  of  government.     (W.Va. 

VI  21.) 
In  case  of  special  emergency  governor  may  convene  to  place 
other  than  seat  of  government.      (Conn.  Amend.  XIV.) 


J4t  State  Constitutions 


LEGISLATURE    [Cont'd) 
Cont'd) 
Place   (Cont'd) 

l.ji  ■  jilions    (Cont'd) 

Governor  may  convoke  at  another  place  when,  in  his  opin- 
ion, public  safety  or  welfare,  or  safety  or  health  of 
members  require,  but  two-thirds  of  all  members  elected 
to  each  house  must  concur.     (Okla.  VI  14.) 

Governor  may  convene,  or  remove  after  convened,  to  another 
place,  or  may  designate  another  place  for  sitting  of 
houses  or  either  of  them,  if  for  any  cause  it  is  impossible 
or  dangerous  to  meet  or  remain  at  capitol.     (Ala.  IV  48.) 

In  case  of  danger  by  prevalence  of  contagious  disease  or 
other  circumstance,  governor  may  convene  at  place  other 
than  seat  of  government.      (Conn.  Ill  2.) 

If  seat  of  government  unsafe  because  of  presence  of  enemy 
or  other  cause,  governor  may  direct  session  to  be  held 
at  some  other  convenient  place,      (Md.  II  16.) 

Governor  may  convene  at  some  other  place  if  seat  of  gov- 
ernment dangerous  from  disease  or  common  enemy.  (Ind. 
V  20;   -Mich.  VI  8;  S.C.  Ill  9;  Wis.  V  4.) 

If  since  last  adjournment  place  where  next  meeting  to  be 
held  becomes  dangerous  from  enemy  or  contagious  sick- 
ness, governor  may  direct  session  to  be  held  at  some  other 
convenient  place  within  state.     (Me.  V  13.) 

In  case  of  danger  from  epidemic  or  contagious  disease  in 
regular  place  of  meeting  or  to  which  legislature  may  have 
adjourned,  or  for  other  urgent  reason,  governor  may  by 
proclamation    convene   at   any    other    place   within    state. 

(R.I.  VII  7.) 

If  infectious  distemper  prevails  in  place  where  legislature  is 
to  convene  or  any  other  thing  endangering  health  or  lives 
of  members,  governor  may  direct  session  to  be  held  at 
some  other  place  most  convenient  within  state.  (Mass. 
IM.  II  Ch.  II  Sec.  I  5;  N.H.  II  42.) 

May,  in  case  of  invasion  or  violent  epidemics,  be  adjourned 
to  place  other  than  seat  of  government,  such  removal 
to   continue   only    so    long   as    necessity  for   same   exists. 

(Fla.  XVI  10.) 

Presiding  Officer,  See  above,  this  title,  "  Officers  "  and  "  President 

".  '/;/</  bdow,  this  title,  Speaker  of  House. 
Preventing    Disturbance    of   Business 

1-or  the  power  to  punish  a  person  obstructing  proceedings,  See 

above,  this  title,  Contempts. 
I  ^li  house  may  provide  for  own  safety  and  undisturbed  trans- 
n.tinii  of  l.usiiu-s.      (Ohio  II  8;   YV.Va.  VI  26.) 
Purpose 

I  'lnlile   for   redress   of   public   grievances   and   for   making 

suefi  l&we  at  public  good  may  require.     (N.H.  I  31.) 


Index  Digest  n-in 


LEGISLATURE    (Cont'd) 
Sessions   (Cont'd) 
Purpose    (Cont'd) 

Ought  frequently  to  assemble  for  redress  of  grievances,  correct- 
ing, strengthening  and  confirming  laws,  and  for  making  new 
laws,  as  common  good  may  require.      fMass.   Pfc   I  22.) 
Ought  to  be  frequently  convened  for  redress  of  grievances,  and 
for  amending,  strengthening  and  preserving  the  laws,      (Md. 

D.R.  12.) 
Ought    frequently   to    assemble    for    redress    of    grievances    and 
making  new  laws,  as  common  good  may  require.     (S.C.  I  3.) 
Separate 

Two  houses  to  meet  separately.      (X.J.  IV  Sec.  I  3.) 
Time  of  Beginning 

As  may  be  prescribed  by  law.     (Minn.  IV  1;  Tex.  Ill  5;  Wis. 

IV  11.) 
First  Monday  of  January.      (Ohio  Ii  25.) 

Twelve  o'clock  noon,  on  first  Monday  of  January.  (Mont.  V  6.) 
First  Monday  in  January  next  ensuing  election.  (Tenn.  II  8.) 
Twelve  o'clock  noon,  on  first  Monday  after  first  day  of  January 

next  succeeding  election.      (Cal.  IV  2.) 
First  Monday  after  the  first  day  of  January,  unless  different  day 
•  appointed  by  law.      (Ida.  Ill  8.) 

First  Tuesday  of  January.     (Del.  II  4;  R.I.  Amend.  XI  1.) 
First  Tuesday  of  January,  twelve  o'clock  noon.      (Pa.  II  4.) 
Twelve  o'clock  noon,  on  first  Tuesday  in  January  in  year  next 

ensuing  election  of  members.      (Xebr.  Ill  7.) 
First  Wednesday  of  January.     ( Me.  IV  Pt.  Ill  1 ;  Mass.  Amend. 

X;   Mich.  V   13;   X.H.  II  3;   X.Y.  X  6.) 
First  Wednesday  in  January  at  twelve  o'clock  noon.     (Colo.  V 

7.) 
First  Wednesday  after  the  first  day  of  January  next  after  elec- 
tion of  members.      (Mo.  IV  20.) 
First  Tuesday  after  first  Monday  in  January.      (Ky.  36;   Miss. 

IV  3G.) 

i  First  Tuesday  after  first  Monday  in  January  at  twelve  o'clock 

noon,  in  year  next  following  election  of  members.      (X.D.  II 

53;  S.D.  Ill  7.) 

First  Tuesday  after  first  Monday  in  January  at  twelve  o'clock 

noon,  in  year  next  succeeding  the  election,  or  upon  such  other 

day  as  may  be  provided  by  law.     (Okla.  V  26.) 

First  Wednesday  after  the  first  Monday  in  January.      (X.C.  II 

2;  Vt.  II  7.) 
First  Wednesday   after   first   Monday   in  January,   but  may   be 

changed  by  legislature.      (Wash.   II   12.) 
Wednesday  following  first  Monday  in  January  next  succeeding 

election.     (Conn.  Amend.  XXVII  4.) 
At  twelve  o'clock  noon  on  Wednesday  next   after  first  Monday 
in  January  in  vear  following  election  of  members.      (111.   IV 

9.) 


State  Constitutions 


LEGISLATURE   {Cont'd) 
i  'ont'd) 
Time  of  Beginning   {Cont'd) 

Thursday  next  after  first  Monday  of  January,  unless  different 
day   appointed   by   law.      (Ind.   IV  9.) 

ttd    Monday    of    January    next    after    election    of    members. 

(Ariz.  IV  Pt.  II  3.) 
Second   Monday  in  January  next   after  election  of  members  of 

lower  house.     (Utah  VI  2.) 
Second   Monday   in   January  next  ensuing  election,   unless  gov- 
ernor in  meantime  convene  by  proclamation.      (Iowa  III  2.) 
Second  Tuesday  in  January.      (Kan.  II  25;  S.C.  Ill  9.) 
Twelve  o'clock  noon,  on  second  Tuesday  of  January  next  after 

election.      (N.M.  IV  5;   Wyo.  Ill  7.) 
Second  Tuesday  in  January  succeeding  election,  but  legislature 

may  alter.      (N.J.  IV  Sec.  I  3.) 
Second   Tuesday   in   January   next   succeeding   election   or   such 

other  day  as  may  be  prescribed  by  law.      (Ala.  IV  48.) 
Second  Wednesday  of  January.      (W.Va.  VI  18.) 
Third  Monday  in  January  next  ensuing  election,  unless  governor 

in   meantime  convene  by  proclamation.      (Nev.  IV  2.) 
First  Tuesday  after  first  Monday  in  April.      (Fla.  Ill  2.) 
Second  Monday  in  May  at  twelve  o'clock  noon.      (La.  23.) 

■in!    Wednesday   in   June   next   succeeding   election   of   mem- 
bers of  lower  house.     (Va.  IV  46.) 
Second    Monday    of    September,   unless   different   day    appointed 

by  law.      (Ore.  IV  10.) 
Fourth  Wednesday  in  October  until  changed  by  law.      (Ga.  Ill 

Sec.  IV  3.) 
First  Tuesday  after  the  second  Monday  of  November,  until  al- 
tered by  law.     (Ark.  V  5.) 
Special   Sessions 
Convening  of 

Legislature  may   assemble   at   such  other   times   as   it  may 

judge  necessary.     (N.H.  II  3.) 
Legislature  to  meet   in  special  session  first  Tuesday  after 
first  Monday,  Jan.  1894,  and  every  four  years  thereafter, 
unless  sooner  convened  by  governor.     ( Miss.  IV  36. ) 
Governor  may  convene.      (X.M.  IV  6;  Wis.  IV  11.) 
Governor  may  convene  when  necessary.     (Vt.  II  20.) 
Governor   may    convene   at  time   before   that   to  which   ad- 
journed or  prorogued,  if  welfare  of  state  requires.     (Mass. 
Pt.   11   Ch.  II  Sec.  I  5;  N.H.  II  49.) 
Governor  may  convene  by  proclamation.     (Fla.  Ill  2.) 
Governor  may  by  proclamation  convene  at  any  time  if  in 

bis  opinion  public  welfare  requires.      (Ind.  IV  9.) 
Governor  may  convene  on  extraordinary  occasions.      (Ariz. 
Y    1.   Conn.  Ill  2;   Ga,  V  Sec.  I   13;   Kan.  II  5;   La.  75; 
Me.   Y    l't.   1    13;   Mich.  VI   7;   Minn.  V  4;   N.D.  Ill  75; 
R.I.   VTI  7;   S.C.  IV  16;   W.Va.  VII  7;   Wis.  V  4;  Wyo. 

IV  4.) 


Index  Digest  hi; 


LEGISLATURE    (Cont'd) 
Sessions   (Cont'd) 

Special  Sessions    (Cont'd) 
Convening  of    (Cont'd) 

Governor  may  convene  on  extraordinary  occasions  by  proc- 
lamation.     (Iowa  IV  11;  Nev.  V  9;  Ore.  V  12.) 
Governor  may  convene  on  extraordinary  occasions  by  proc- 
lamation stating  purpose  of  meeting.     (Ala.  V  122;    \riz 
IV  Pt.  II  3;  Ark.  VI  19;  Cal.  V  9;  Fla.  IV  8;  111.  V  8j 
Ky.  80;  Miss.  V  121;  Mo.  V  9;  Nebr.  V  8;  Ohio  III  8; 
Tenn.  Ill  9;   Tex.  IV  8;  Wash.  Ill  7.) 
Governor,  with  advice  of  council,  may  convene  on  extraor- 
dinary occasions  by  proclamation  stating  purpose  of  meet- 
ing.     (N.C.  Ill   9.) 
Governor  to  convene  on  application  of  two-thirds  of  mem- 
bers   of    both    houses    or    when    in    his    opinion    interests 

of  state  require.  (Va.  V  73.) 
Governor  may  convene  by  proclamation  whenever  in  his 
opinion  public  safety  or  welfare  requires;  to  be  his  duty 
to  convene  on  application,  in  writing,  of  three-fifths  of 
members  elected  to  each  house.  (W.Va.  VI  19.) 
Governor  may  convene  legislature  or  senate  alone  on  extraor- 
dinary   occasions.      (Md.    II    16;    N.Y.    IV    4;    Okla.    VI 

7,  V  27.) 
Governor   may   convene  legislature,   or   senate  alone,   when- 
ever in  his  opinion  public  necessity  requires.     (N.J.  V  6.) 
Governor  may  convene  legislature  by  proclamation  on  extraor- 
dinary occasions  or  may  by  proclamation  convene  senate 
on  extraordinary  occasions  for  transactions  of  executive 
business.     (Del.  Ill  16;  Pa.  IV  12.) 
Governor  may  convene  on  extraordinary  occasions  by  p 
lamation  stating  purpose;  or  he  may  convene  senate  alone 
on   extraordinary   occasions   for   transaction   of   executive 
business.      (Colo.  IV  9;   Ida.  IV  9;   Mont.  VII  11;   Utah 

VII  6,  7.i 

Length 

For  limitation  of  per  diem  of  members  to  certain  number  of 
days  of  session,  see  above,  this  title.  Members  —  Compen- 
sation —  Special  Sessions. 
Not  to   exceed   20  days.      (Fla.   Ill   22;    Ida.   Ill   23;    Nev. 

IV  29;  Ore.  IV  29.) 
Not  to   exceed   30  days.      (Ala.   IV   76;    Md.    Ill    15;    X.M. 

IV  5:  Tex.  Ill  40;  Utah  VI  16.) 
Not  to  continue  longer  than  30  days  unless  governor,  deem- 
ing public  interest  to  require  it,  shall  extend  sitting  l>y 
proclamation  in  writing,  to  be  sent  to  and  entered  upon 
journals  of  each  house,  for  specific  number  of  days,  and 
then   it   may   continue   in    session    to   expiration    <>f   that 

time.      (Miss.  IV  36.) 


'    ('-..nstitttioxs 


LEGISLATURE    [Cont'd) 

Special  Sessions   {Cont'd) 
Length    (Cont'd) 

I  o    be    limited    by    governor    but    not    to    exceed    30    days; 

legislation  after  such  time  to  be  void.      (La.   75.) 
\,,t   bo  exceed  40  days.      (Ind.  IV  29.) 

1'lacf 

Governor  may   convene   on   extraordinary   occasions   at   any 

town  or  city  in   state.      (R.I.   VII   7.) 
At   seat  of  government  or  different  place  if  that  dangerous 
from  enemy  or  contagious  disease.      (Ark.  VI  19;  Ky.  80; 

La,  75;  Miss.  V  121.) 
Governor  may  convene  at  different  place  if  seat  of  govern- 
ment in  possession  of  public  enemy  or  in  case  of  prev- 
alence of   disease.      (Tex.   IV  8.) 
Governor  may  convene  at  seat  of  government  or  at  differ- 
ent place  if,  since  last  adjournment,  that  shall  have  be- 
mine  dangerous  from  enemy,  insurrection  or  other  lawless 
outbreak,  or  from  infectious  or  contagious  disease.     (Ala. 

V  122.) 

Scope 

Governor  to  state  to  both  houses  when  assembled  the  pur- 
pose for  which  convened.     (Iowa  IV  11;  Ore.  V  12.) 
No  subject  to  be  acted  upon  except  such  as  governor  may 

recommend.     (N.Y.  IV  4;  Okla.  VI  7.) 
Xn  business  to  be  transacted  except  that  neceesary  to  accom- 
plish special  purposes  for  which  convened.     (Wis.  IV  11.) 
No  business  to  be  transacted  other  than  that  specified   in 
proclamation  convening.      (Colo.  IV  9;   111.  V  8;  Xebr.  V 
8;  N.M.  IV  6;  W.Va.  VII  7.) 
No  subjects  to  be  considered  other  than  those  mentioned 

in   proclamation   convening.      (Ky.   SO.) 
To  enter  on  no  legislative  business  except  that  for  which 
specifically  called  together.     (Tenn.  Ill  9.), 

laws  to  be  enacted  except  such  as  relate  to  subject  men- 
tioned in  call.     (Ariz.  IV  Pt.  II  3.) 

be  no  regislation  on  subjects  other  than  those  designated 
in  proclamation  convening.      (Ga.  V  Sec.  I   13;   Ky.   80; 

Pa.    Ill   25.) 

to  legislate  limited  to  objects   specially  enumerated 

in   proclamation   convening;    legislation   on   other   objects 

to  be  void.     (La.  75.) 
To   legislate  on   no   subjects   other  than   those   specified   in 
proclamation,  but  may  provide  for  expenses  of  session  and 
ber  matters  incidental  thereto.      (Cal.  V  9;  Ida.  IV  9.) 
To  be  no  legislation  upon  subjects  other  than  those  desig- 
nated by  proclamation  calling  such  session,  except  by  vote 
of  two-thirds  of  each  house.      (Ala.  IV  76.) 


I.XDEX    DiGEST  :  I  4  i* 


LEGISLATURE    (Cont'd) 
Sessions   (Cont'd) 

Special  Sessions   (Cont'd) 
Scope  (Cont'd) 

To  transact  no  legislative  business  other  than  that  for  which 
convened,  or  such  other  business  as  governor  may  call  to 
its  attention  while  in  session,  except  by  two-thirds  vote  of 
each  house.  (Fla.  IV  8.) 
To  be  no  legislation  on  subjects  other  than  those  designated 
in    proclamation    convening,    or    presented    by    governor. 

(Tex.  Ill  40.) 

To  transact  no  legislative  business   except  that  for  which 

convened,  or  such  other  as  governor  may  call  to  attention 

while  in  session.     (Nev.  V  9.) 
To  act  upon  no  subject  other  than  that  designated  in  proc- 
lamation by  which   convened  or  recommended  by  special 
message  of  governor  after  convening.      (Mo.  IV  55.) 
No  bill  to  be  passed  on  subject  other  than  expressly  stated 
in   proclamation  convening  or   submitted  by  special   mes- 
sage.     (Mich.  IV  22.) 
No  power  to  legislate  on  subjects  other  than  those  specified 
in  proclamation  convening  or  which  may  be  recommended 
by  governor,  but  may  provide  for  expenses  of  session  and 
other  matters  incidental  thereto.      ( Mont.  VII   1 1 ;   Utah 

VII  6.) 
No  business  to  be  transacted  except  that  named   in  proc- 
lamation convening,  or  in  subsequent  public  proclamation 
or  message  issued  by  governor  during  session;  but  legisla- 
lature  may  provide  for  expenses  of  session  and  other  mat- 
ters incidental  thereto.      (Ohio  III  8.) 
To  have  no  power  to  consider  or  act  upon  subjects  other 
than  those  designated  in  proclamation  by  which  convened, 
except    impeachment    and    examination    into    accounts    of 
state  officers;  but  may  act  on  such  other  matters  as  gov- 
ernor may  in  writing  submit  while  in  session.      (Miss.  V 

121.) 
No  other  business  to  be  transacted  until  that  specified  in 
proclamation  convening  is  disposed  of,  after  which,  by  vote 
of  two-thirds  of  all  members  elected  to  both  houses  en- 
tered upon  journals,  legislature  may  remain  in  session  not 
exceeding  15  days.  (Ark.  VI  19.) 
No  business  to  be  considered  "  but  appropriation  and  revenue 
bills,  except  such  other  matters  as  may  be  acted  upon  at 
extraordinary    session,   called   by   governor".      (Mi*s.    IV 

36.) 
SpExVkeb    of    Hovre 
Compensation 
In   General 

To    receive    s#me    compensation    and    mileage    as    member. 

(Mich.  V  10.) 


-  i  a  i  e  Constitutions 


LEGISLATURE   [Cont'd) 

M'kaki  b  "i   House  [Cont'd) 
Compensation    ( Cont'd  i 
In  General    (Cont'd) 

Five  dollars  a  day  during  session  for  period  not  exceeding 
60  days;  no  compensation  for  longer  session;  for  special 
session   same   compensation   for   period   not   exceeding   30 

days.     (Del.  II  15.) 

Presiding  officer  to  receive  $6  a  day   and  mileage.      (N.C. 

II  28.) 

Not  to  exceed  $7  a  day.     (Ga.  Ill  Sec.  IX  1.) 
Ten  dollars  for  each  day's  actual  attendance  and  same  mile- 
age as  member.     (R.I.  Amend.  XI  1.) 
Two   dollars    a   day   additional    allowance,    during   time    in 
actual    attendance    as    presiding    officer.       (Nev.    IV    33; 

W.Va.  VI  33.) 
Presiding  officer  to  receive  additional  compensation  at  rate 

of  $3  per  diem.      (Md.  Ill  15.) 
Additional  allowance  equal  to  one-third  allowance  as  mem- 
ber.    (N.J.  IV  Sec.  IV  7.) 
Presiding   officer   to   receive   additional   compensation   equal 
to  one-half  per  diem  allowance  as  member.     (Ida.  Ill  23.) 
Presiding  officer  to  receive  additional  compensation  equal  to 
two-thirds  of  per  diem  allowance  as  member.      (Ore.   IV 

29.) 
Two  hundred  fifty  dollars.      (N.J.  II  14.) 
When  Acting  as  Governor 

Same  as  that  of  governor.      (Ala.  V  129;  Me.  V  Pt.  I   14; 
Miss.  V  131.;   Mo.  V  17;  N.J.  V  12,   14.) 
Duties 

To  be  presiding  officer.     (Fla.  Ill  6.) 
Election 

To  be  chosen  by  lower  house.      (Ky.  34;  Me.  IV  Pt.  I  7;  Mass. 

Pt.  II  Ch.  I  Sec.  Ill  10;  N.H.  II  21;  N.J.  IV  Sec.  IV  3;  Okla. 

V  29;  R.I.  V  2;  Tenn.  II  11;  Vt.  II  14;  Va.  IV  47.) 

By   lower  house  from  among  its  members.      (Colo.  V   10;    Del. 

117;  Mont.  V  9;  N.M.  IV  8;  N.D.  II  36;  Pa.  II  9;  Wyo.  Ill 

10.) 
TO  be  elected  viva  voce  from  lower  house.    (Ga.  Ill  Sec.  VI  2.) 
Lower  house  to  elect  presiding  officer.     (Minn.  IV  5;  N.C.  II  18.) 
By  lower  house  when  assembled.      (Conn.  Ill  7;   Tex.  Ill  9.) 
By    lower   house   at   convening   of   each   regular    session.      (Fla. 

Ill  6.) 
lower  house  at  beginning  of  each  regular  session  and  when- 
ever   vacancy  may  occur.      (Ark.  V  IS.) 
By  lower  house  at  beginning  of  each  regular  session  and  at  such 
Other  times  as  may  be  necessary.      (Ala.  IV  51;   Okla.  V  29.) 
Succession  to  Office  of  Governor,  See  Governor. 
Term  of  Office 

Until  successor  elected  and  qualified.     (Ala.  IV  51.) 


I\i>i;x   Digest  951 


LEGISLATURE    (Cont'd) 

Speaker  of  House   (Cont'd) 
When  Acting  as  Governor 

Not  to  hold  office  in  house.     (Me.  V  Pt.  I  14;  N.II.  II  48.) 
Supplies  fob,  See  Public  Contracts  —  Special  Contracts. 
Vacancies 

Appointment  to  Supply 

No  person  to  be  appointed.      (Ky.  152.) 

Vacancies  occurring  prior  to  any  general  election  to  be  filled  by 
appointment  as  prescribed  by  constitution  or  by  general  law; 
such  appointment  to  expire  when  person  elected  at  next  gen- 
eral election  qualifies.     (W.Va.  IV  7.) 
Election  to  Supply 

To  to  be  filled  by  election.     (Kan.  II  9.) 
To  be  filled  by  election,  as  directed  by  law.     (Ohio  II  11.) 
To  be  filled  by  special  election,  as  prescribed  by  law.     (Ky.  152; 

Wyo.  Ill  4.) 
To  be  filled  by  new  election  as  provided  by  legislature.      (R.I. 

Amend.  XI  6.) 
Legislature  may  prescribe  manner  of  filling  vacancies  in  senate. 

(Vt.  II   37.) 
To  be  filled  by  election  at  time  designated  by  governor.     (N.M. 

IV  4.) 

Governor  to  issue  writ  of  election.     (Ala.  IV  46;  Ark.  V  6;  Ga. 

V  Sec.  I   13;   Ind.  V  19;   La.  23;   Mich.  VI  6;   Minn.  IV  17; 

Miss.  IV  77;  Mo.  IV  14;  Nev.  IV  12;  N.D.  II  44;  Okla.  V  20; 

Ore.  V  17;   S.D.  Ill  10;   Tenn.  II  15;   Utah  VI  13;  Wash.  II 

15;  Wis.  IV  14.) 

Governor,   or   person   exercising   function   of   governor,   to   issue 

writs  of  election.      (Cal.  IV   12;    Colo.  V  2;    111.   IV  2;    Iowa 

III  12;  Mont.  V  45.) 
Governor  to  issue  writs  of  election  under  regulations  prescribed 

by   law.      (N.C.   II    13.) 
Governor  or  person  exercising  power  of  governor  to  issue  writs 
of   election;    in   case  of  his  failure   so  to  do  within  20  days 
after  vacancy  occurs,  retiring  officer  of  district  in  which  va- 
cancy may  have  happened  may  order  election.     (Tex.  Ill  13.) 
Presiding  officer  of  house  in  which  vacancy  occurs  to  issue  writ 

of  election.  (Pa.  II  2.) 
Each  house  to  direct  writs  of  election;  during  recess,  governor 
may  issue  writs  under  such  regulations  as  may  be  prescribed 
by  law.  (N.J.  IV  Sec.  IV  1 ;  Va.  IV  47.) 
If  vacancies  occur  from  neglect  to  choose  member  on  day  of  elec- 
tion or  from  refusal  of  elected  member  to  qualify  and  take 
seat,  or  from  any  other  cause,  writ  of  election  to  '"•  i-sUed 
by  president  of   senate  or  speaker  of  house  as  case  may  be. 

(S.C.  ITT  25.) 
If  vacancy  by   reason  of  failure  to  elect,   ineligibility  or  other- 
wise, writ  of  election  to  be  issued  by  presiding  officer  of  h< 
in  which  vacancy  exists,  or  in  case  of  necessity  in  such  other 


State  Constitutions 


LEGISLATURE    [Cont'd) 

\  a.  INI  D  B    [Cont'd) 

Election  to  Supply   (Cont'd) 

manner  as  provided  by  law;  if  legislature  not  in  session,  gov- 
ernor may  issue  writ  of  election  to  be  executed  by  officer  of 

either  house.     (Del.  II  6.) 
Warrant  of  election  to  be  issued  by  speaker  of  house  or  presi- 
dent of  senate  as  case  may  be  and  at  least  10  days'  notice  of 
election  to  be  given;  if  vacancy  occur  during  recess  and  more 
than  10  days  before  its  termination,  governor  to  issue  warrant 
of  election.     Unless  session  of  legislature  may  interfere,  elec- 
tion  for  vacancy  to  be  held  on  day  of  ensuing  election  for 
members  of  legislature.      (Md.  Ill  13.) 
Vacancies  in  senate  to  be  filled  by  immediate  election  provided 
for  by  proclamation  of  governor;    vacancies  in  lower  house 
to  be  filled  by  new  election.     (Me.  IV  Pt.  II  5;  Pt.  I  6.) 
In  senate,  except  from  failure  to  elect,  to  be  filled  by  new  elec- 
tion upon  requisition  of  governor  as  soon  as  may  be  after  va- 
cancy happens;  in  lower  house,  to  be  filled  from  time  to  time 
in  same  manner   as  biennial  elections  are  made.      (N.H.   II 

33,  15.) 
Vacancies  in  senate  to  be  filled  by  election  by  people  of  unrep- 
resented district  upon  order  of  majority  of  senators  elected. 

(Mass.  Amend.  24.) 

Term  of  Office  of  Successor 

Unexpired  term.      (Ala.  IV  46;   Del.  II  6;   Kan.  II  9;   La.  23; 
Miss.  IV  77;  N.J.  IV  Sec.  II  2;  Ohio  II  11;  Pa.  II  2;  S.C.  Ill 

25;  W.Va.  IV  7;  Wyo.  Ill  4.) 
Remainder   of   term   and   until   successor    elected   and   qualified. 

(R.I.  Amend.  XI  6.) 

Voting 

For  Other  Members  Prohibited 

No  member  to  vote  for  any  other  member  for  any  office  what- 
ever, except  as  provided  in  constitution.     (Tex.  Ill  18.) 
Not  to  be  Questioned  for 

No  member  to  be  questioned  in  any  other  place  for  any  vote  cast 
in  either  house.      (N.M.   IV  13.) 
Upon  Executive  Nomination 

Bv  aves   and  noes,  to  be  entered  vipon   journal.      (Colo.   IV  6; 

Pa.  IV  8.) 
In  Elections,  See  above,  this  title,  Elections  by. 
In  Dispensing  with  Printing  of  Bills,  See  Legislative  Procedure 

—  Printing  of  Bills. 
In  Dispensing  with   Reading  of  Bills,  See  Legislative  Procedure 

—  Reading  of  Bills. 
Interest  in  Pending  Bill   as   Disqualification,  See  above,   this   title, 

Members-         krest  in  Bill,  Personal  or  Private. 
On  Adopting  Report  of  Committee  of  Conference,  See  Legislative 
Pbocedtjbe       Reference  to  Committee. 


INDEX    DlciHST  963 


LEGISLATURE    (Cont'd) 

Voting  (Cont'd)  • 

On  Amendments  to  Bills,  See  Legislative  Pbocedubb —  Amendment 

i»i   Bills. 
On    Passage    of    Bills,    See    Legislative    Pbocewjeb — Passage    of 

Kills. 
On    Passage    of    Bills    over    Veto,    See   Legislative    Procedure — 

Passage  OVEB   Veto. 
Yeas  and  Nays  on  Any  Question 

To  be  entered  on  journal.      (Minn.  IV  5.) 

To   be   entered   on   journal    at   desire   of   any   members   present. 

I  lla.  Ill  12.) 
To  be  entered  on  journal  upon  motion  of  any  one  member.     ( Del. 

II  10;  X.II.  II  23.) 
To  be  entered  on  journal  at  desire  of  any  two  members.     (Ariz. 
IV  Pt.  II  10;  Colo.  V  13;  Iowa  III  10;  Ky.  40;  Mont.  V   12; 
Nebr.  Ill  8;   Ohio  II  9;  Pa.  II  12;   Wyo.  HI  13.) 
To  be  taken  and  entered  on  journal  on  motion  of  any  two  mem- 
bers; whole  list  of  members  to  be  called  and  names  of  absen- 
tees noted  and  published  in  journal.     (Mo.  IV  42.) 
To  be  entered  on  journal  at  request  of  any  two  members  together 
with  names  of  members  demanding  same;   but  on  motion    to 
adjourn,  one-tenth  of  members  present  necessary  to  order  j 
and  nays.      (lnd.  IV  12;   Ore.  IV  13.) 
To  be  entered  on  journal  at  desire  of  any  three  members  pr<  - 

(Cal.  IV  10;  Ida.  Ill  13;  Nev.  IV  14;  Tex.  Ill  12.) 
To  be  entered  on  journal  at  request  of  any  five  members.     (Ark. 

V  12;  Tenn.  II  21;  Utah  VI  14.) 
To  be  entered  on  journal  at  call  of  any  five  members  in  lower 

house  or  one  in  senate.     (Md.  Ill  22.) 
To  be  entered  on  journal  in  lower  house  when  required  by  five 
members  and  in  senate  by  one  member    (except   where  v 
taken  by  ballot),  in  which  case    every  member  of  either  house 
to  have  right  to  insert  reasons  of  vote  upon  minutes.      iVt. 

II  9.) 

To  be  taken  and  entered  on  joiirnal  in  lower  house  at  request  of 

five  members  and  in  senate  at  request  of  two  members.      (111. 

IV   10.) 
To   be   entered   on  journal   at   desire   of    10   members   of    lower 

house  or  five  members  of  senate.      (S.C.  Ill  22.) 
To    be   entered   on   journal    at   desire   of    one-fifteenth    of   those 

present.     [Okla.  V  30.) 
To  be   entered   on   journal   if   called   for   by   one-tenth   of   those 

present,  (Ala.  IV  55;  Miss.  IV  55;  W.Va.  VI  41.) 
To  be  entered  on  journal  on  demand  of  one-sixth  of  members 
present.  (N.D.  II  49;  S.D.  Ill  13;  Wash.  II  21  ;  Wis.  IV  20.) 
To  be  entered  on  journal  at  desire  of  one-tifth  of  those  present. 
(Conn.  Ill  9;  Ga.  Ill  Sec.  VII  G;  Me.  IV  Pt.  \  3;  Mich.  V 
16;  N.J.  IV  Sec.  IV  4;  N.M.  IV  12:  PLC.  II  2fr;  K.I.  IV  Bj  7a. 

IV   49.) 
To  be  entered   on   journal   at  request  of   one-fifth  of  members 

elected.      (La.  36.) 


State  Constitutions 


LEVEES 

I    r  draino  I  Drainage. 

Lbveb  Dibtbw  Cfl 

er  this  subhead  are  ted  provisions  relating  particularly  to 

districts;  for  districts  in  general,  See  Distbicts. 
Bills  Affecting 

Changing  boundaries  or  affecting  taxation  or  revenue  of,  not  to 
be  considered  by  legislature  unless  published  in  a  newspaper 
in  county  of  domicile  of  board  of  district  affected,  for  four 
weeks  prior  to  introduction  in  legislature,  and  reported  on  by 
appropriate  committee  in  tbe  house  and  senate;  no  committee 
to    report    on    such    bill    unless    publication    has    been    made. 

(Miss.  II  234.) 

Bonds 

May  be  issued  to  refund  outstanding  bonds  and  to  make  more 
salable  bonds  authorized  but  not  sold;  at  not  over  5  per  cent, 
interest,  not  to  be  sold  under  par,  exchange  not  to  be  obliga- 
tory on  holders  of  outstanding  bonds.      (La.  239.) 

Eminent  Domain 

Under    this    subhead    arc    digested    only    provisions    relating    to 
eminent  domain  for  hvee  districts;  for  provisions  relating  to 
eminent  domain  in  general,  See  Eminent  Domain. 
Board   granted   full   power   to   appropriate   private   property   in 
•district,    for    construction,    maintenance    and    repair    of    levees 
therein,  damages  to  be  assessed  in  special  manner  provided  by 
law,  which  legislature  may  alter  or  amend.      (Miss.  XI  233.) 
Right  of  action  in  court  of  competent  jurisdiction  to  owner  of 
property   appropriated  by   Orleans   levee  board;    detailed   pro- 
visions.     (La.  312.) 
i  (1    may   appropriate   without   compensation,   when    necessary 
for  levee  purposes,  wharves  and  buildings  of  riparian  owners 
or  navigable  rivers  or  lakes  in  towns  of  over  5,000  inhabitants. 

(La.  290.) 
Formation 

ision   in   two   districts   made   by   legislature   to   remain,   but 
legislature  may  add  to  either  district,  any  other  alluvial  land 

in  state.     '(Miss.  XI  228.) 
Bjislature  may  divide  state  into.      (La.  239.) 
Legislature  may  create  districts  formed  in  part  in  this,  part  in 

adjacent  state.      (La.  241.) 
Land  Outside  Levee 

Damages   nol   to  be  paid  to  any  owner  of  land  between  the  levee 
and  the  Mississippi  river,  because  of  its  being  left  outside  the 
:  levee  taxes  not  to  be  assessed  thereon.,    (Miss.  XI  238.) 
Obligations  Due  Board 

Obligation  duo  levee  board  not  to  be  remitted,  released  or  post- 
er in  any  way  diminished  except  by  payment  into  proper 
treasury;  not  to  be  exchanged  or  transferred  except  upon  pay- 
it-   face  value;   but  legislature  may  provide  by  law 
f(,r  '  promise  of  doubtful  claims.      (Miss.  IV  100.) 


Index  Digest  955 


LEVEES    {Cont'd) 

Levee  Districts    (Cont'd) 
Officers 

Board  of  levee  commissioners,  for  whose  appointment  or  election, 
legislature  may  provide,  to  supervise  erection*  i-  pair  and  main- 
tenance of  levees  in  district,  in  manner  provided  by  law.     (La. 

239.) 
Board  of  levee  commissioners,  one  or  two  qualified  electors  of 
each  county  in  district;  in  one  district  governor  may  appoint 
stockholder  of  certain  railroad  as  additional  commissioner; 
all  to  be  appointed  by  governor,  confirmed  by  senate,  to  super- 
vise erection,  repair  and  maintenance  of  levees  in  districts;  to 
report  annually  to  governor  showing  condition  of  levees, 
recommending  legislation,  showing  receipts  and  expenditures, 
and  such  other  matters  proper  to  be  called  to  attention  of 
legislature;  legislature  to  require  board  to  publish  at  each 
session  itemized  account  of  receipts  and  expenditures  since 
prior   session,  in  newspaper  of  district.      (Miss.  XI   229,  230, 

231,  233,  230.) 
Railroads  in 

Board  may  permit  steam  railroads  to  construct,  maintain  and 
operate  tracks  on  levees,  under  their  supervision  and  control, 
other  railroad  companies  to  be  admitted  to  use  of  tracks  on 
payment  of  pro  rata  of  expense.     (Detailed  provisions.)      (La. 

239.) 
Taxation 

Board  of  levee  commissioners  may  levy  tax  not  over  1"  mills  on 
all  taxable  property  in  alluvial  parts  of  district  subject  to 
overflow;  when  necessary,  and  with  approval  of  majority  of 
property  taxpayers  affected  voting  at  special  election  may  levy 
additional  tax;  taxing  power  of  Xew  Orleans  commissioners 
not  affected  by  article.  (Detailed  provisions.)  (La.  239.) 
Legislature  to  impose,  in  addition  to  levee  taxes  heretofore 
authorized,  uniform  annual  tax  of  not  less  than  2  or  more 
than  5  cents  an  acre  on  land  in  district,  to  be  taxed  by 
levee  board  (detail  provision  as  to  assessment  and  collec- 
tion) ;  legislature  may  repeal  tax  after  January  1,  1895; 
cotton  tax  may  be  discontinued  by  legislature,  hut  not  so  as  to 
affect  outstanding  bonds  based  thereon.  (Miss.  XI  236.) 
Legislature  may  provide  for  levee  district  system  of  taxation 
from  time  to  time  as  seems  to  it  wise  and  proper,  hut  no 
property  between  levee  and  river  to  be  taxed  for  levee  pur- 
poses.     (Miss.  XI  237.  238.) 

Eminent  Domain  for 

See  Eminent  Domain  —  Special  Public  Purpose 
See  Eminent  Domain  —  Private  Purpose. 

For  levee  district  boards,  See  above,  this  titlr,  LEVEE  Districts. 
Grant  to  United  States 

Commissioners  of  levee  districts  may  cede  all  their  rights  of  way  and 
levees  and  maintenance,  management  and  control,  to  United  States. 

(Miss.  XI  232.) 


,;.,;  -     ATE    CoXStnTTfONS 


LEVEES      Cont'd) 

,m    ,,,  i  NiTED  States  (Cont'd) 

stitutional  provisions  as  to  levee  districts  cease  to  have  effect 
whenever  the  federal  government  shall  assume  permanent  control 
and  provide  ways  and  means  for  the  maintenance  of  levees  in  this 
He;  authority  gaaauted  to  make  such  surveys  as  necessary  to 
make  effective  act  of  Congress  providing  for  improvement  of  Missis- 
sippi river,  and  to  construct  and  protect  public  works  and  improve- 
ment ordered  by  Congress  under  that  act.      (La.  240.) 

Tro VISION   FOR 

A  levee  system  to  be  maintained  in  this  state.      (Miss.  XI  227.) 
A  levee  system  to  be  maintained  in  this  state,  and  tax  not  to  exceed 
1  mill  may  be  levied  annually  on  all  property  subject  to  tax  and 
applied    exclusivelv   to    maintenance    and    repair    of    levees.      (La. 

238.) 
Legislature  to  provide  for  a  system  of  levees,  drains  and  ditches 
when  deemed  expedient;  for  payment  of  bonds  or  expense  neces- 
sarily incurred  in  establishment  thereof  by  taxes  on  land  affected 
or  benefited  or  on  crops  raised  thereon;  and  for  compulsory  .Issu- 
ance of  bonds  by  owners  or  lessees  of  land  benefited  or   affected. 

(Okla.  XVI  3.) 

LIBEL  AND  SLANDER 

Sfee  also  Freedom  of  Speech  and  Publication. 

also  Life,  Liberty  and  Property. 
Liability  fob 

ponsibility  in  general  for  abuse  of  liberty  of  speech  and  of  pub- 
lication, See  Freedom  of  Speech  and  Publication. 
Legislature  may,  by  suitable  penalties,  provide  for  punishment  of,  and 
for   recovery  in   civil  actions,  by  aggrieved  party,  of  damages  for, 
libel  or  defamation  of  character.      (W.Va.  Ill  7.) 
Injury  to  character  to  have  certain  remedy.      (Ark.  II  13-,  Minn.  I  8; 

Mo.  II  10;  N.H.  I  14;  Wis.  I  9.) 
•'reputation"  instead  of   "character".      (Okla.   II   6.) 
ry    person   ought   to   have   remedy   in   laws   for   injuries   he   may 
■ceive  to  character.      (Mass.  Pt.  I   11;   R.I.  I  5;  Vt.  I  4.) 
e;    "  reputation  "   instead   of  "character".      (111.  -II   19.) 

'■putation  to  be  redressed  by  due  course  of  law.     (Del.  I  9; 
11;..  D.R.  4;  Ind.  I  12;  Kan.  B.R.  18;  Ky.  14;  Me.  I  19;  Miss.  Ill 
24;   Netrr.   1    13:   N.P.  I  35;   Ohio  I  16;   Ore.  I   10;   Pa.  I   11;    S.D. 
VI  20:   Tenn.  I   17;  Tex.  I   13;   W.Va.  Ill   17.) 
Same;    "  rharaeter "   instead  of  "reputation".      (Conn.   I   12.) 

lrv  to  reputation  to  be  redressed  by  due  process  of  law.      (Ala.  I 

13;  N.D.  I  22.) 
adds  "adequately".      (La.  6.) 
iry  1"  reputation  to  be  redressed  by  due  process  of  law  adminis- 
tered  without  denial   or  unnecessary  delay.      (Utah  I   11.) 

reputation  to  be  redressed  without  sale,  denial   or   delay. 

(Wyo.  I  8.) 
Injury  to  character  to  be  redressed  speedily.      (Colo.  II  6;   Ida.  I  18; 

Mont.  Ill  6.) 
Same;  "  reputation  "  instead  of  "character".     (Okla.  II  6.) 


Jaj.kx  Dk.i.m  :i;,7 


LIBEL  AND  SLANDER    (Cont'd) 
Place  of  Trial 

Indictments  or  information  for  publication  in  newspapers  to  be  tried 
in  county  of  publication  office  or  in  county  where  person  alleged  to 
be   libelled   resided   at   time   of   publication,    unless    place   of    trial 
changed   for  good  cause.      (Cal.   I   9.) 
Tbuth  as  Justification 

In   civil   and  criminal  trials  for  libel,  truth,   unless   published   from 

malicious  motives,  to  be  sufficient  defense.      (R.I.  I  80.) 
In  all  trials  for  libel,  civil  and  criminal,  truth,  when  published  with 
good  motives  and  for   justifiable  ends,  shall  be  sufficient  defen&e. 
(111.  II  4;  NebT.  I  5;  N.D.  I  9;  S.D.  VI  5;  Wyo.  I  20.) 
In  criminal   prosecutions   and   civil   actions  for   libel,   truth   may   he 
given  in  evidence  to   jury,  and   if  it  appear   to  jury  that   matter 
charged  as  libelous  is  true,  and  was  published  for  good   motives, 
party  to  be  acquitted  or  exonerated.      ( Fla.  D.H.   13.) 
Same;  adds  "  and  for  justifiable  ends"  after  "  motives  ".     (Xev.  I  9; 

W.Va.   Ill   8.) 
In  all  civil  or  criminal  actions  for  libel,  truth  may  be  given  in  evi- 
dence to  jury,  and   if  it  appear  that  alleged  libelous  matter  was 
published   for  justifiable  ends,  accused  shall   be  acquitted.      (Kan. 

B.R.  11.) 
In  all  suits  and  prosecutions  for  libel  truth  may  be  given  in  evidence. 

(Colo.  II  10;  Mo.  II  14;  Mont.  Ill  10.) 
In   all  proceedings  or  indictments  for  libel,   truth   may  be  given   in 

evidence.      (La.   179.) 
In  prosecutions  for  libel,  truth  may  be  given  in  justification.      (Ind. 

I  10.) 
Truth  may  be  given  in  evidence  in  prosecutions  for  libel.  (Ala.  I  12.) 
Same;    adds  "or  indictments"  after  "prosecutions".      (Conn.   I   7; 

Ga.  I  Sec.  II  1;   S.C.  I  21.) 

In  criminal  prosecutions  for  libel,  truth  may  be  given  in  evidence  to 

jury,  and  if  it  appears  to  jury  that  matter  true  and  published  with 

good  motives  and  for  justifiable  ends,  party  to  be  acquitted.      (Ark. 

II  6;  Cal.  I  9;  Mich.  II  18;  Miss.  Ill  13;  N.M.  II  17:  Ohio  111; 

Okla.  II  22;   Ltah  I   15.) 
Same;   adds   "or   indictments"   after   "prosecutions".      (Iowa   I    7; 

N.J.  I  5;    X.Y.   I  8;   Wis.   I    3.) 
Truth   may   be   given   in   evidence   in    prosecution   for   publication   of 
papers,   investigating  official    conduct  of   officers  or    nun    in   public 
capacity,  or  where  matter  published  is  proper  for   public   informa- 
tion.     (Ala.  I  12;  Ky.  9;  Tex.  I    3 
In  prosecution  for   publication,   investigating  proceedings  of  officers, 
or  where  matter  published  is  proper  for  public  information,  truth 
may  be  given  in  evidence.      (Del.  I  5.) 
In  prosecutions  for  any  publication  respecting  official  conduct  of  men 
in  public  capacity,  or  qualifications  of  those  who  are  candidates  for 
the  suffrages  of  people,  or   where  matter   published   is  proper   for 
public   information,   the   truth   thereof   may   be   given    in   evidence. 

(Me.  I  4.) 


958  State  Constitutions 


LIBEL  AND  SLANDER  (Cont'd) 

[ruth  as  Justification   (Cont'd) 

In  prosecution  for  publication  of  papers  investigating  official  conduct 
of  officers  or  men  in  public  capacity,  truth  may  be  given  in  evidence. 

(Tenn.  I   19.) 

No   conviction    to   be  had   in   prosecution   for   publication   of   papers 

official  conduct  of  public  officers  or  other  matter  proper 

for  public  information,  where  jury  satisfied  that  publication  was 

not   maliciously   or  negligently   made.      (Pa.   I   7.) 

Province  of  Jury 

In  all  trials  for  libel,  both  civil  and  criminal,  jury  to  have  right  to 
determine    fact   and    law    under    direction    of    court.      (S.D.    VI    5; 

Wyo.  I  20.) 

In  all  suits  and  prosecutions  for  libel,  jury,  under  direction  of  court, 

to  determine  law  and  fact.      (Colo.  II  10;  Mo.  II  14;  Mont.  Ill  10.) 

In  prosecutions  or  indictments  for  libel,  jury  to  be  judges  of  law  and 

facts.      (S.C.  I  21.) 
In  all  prosecutions  for  libel,  jury  to  determine  law  and  fact  under 

direction  of  court.      (Miss.  Ill  13.) 
Same;   adds  "or  indictments"  after  "prosecutions".      (Conn.  1  7.) 
Jury  to  have  right  to  determine  law  and  fact  in   criminal   prosecu- 
tions.     (Cal.  I  9;  Ga.  I  Sec.  II  1;  N.J.  I  5;  N.Y.  I  8;  Utah  I  15; 

Wis.  I  3.) 
In  criminal  cases  jury  to  be  judges  of  law  and  facts,  having  been 

charged  by  judge  as  to  law.      (La.   179.) 
In    all   indictments  or    information   for   libel    jury   to    have   right   to 
determine  law  and  facts  under  direction  of  court  as  in  other  cases. 

(N.D.  I  9.) 
In  all  indictments  for  libel  jury  may  determine  facts  and  the  law,' 

as  in  other  cases.      (Del.  I  5.) 
In  indictments  for  libel  jury,  after  receiving  direction  of  court,  may 

determine,  at  their  discretion,  law  and  the  fact.      (Me.  I  4.) 
In   indictments  for   libel,  jury  to   have  right  to   determine  law  and 
fact  under  direction  of  court  as  in  other  cases.      (Ky.  9;  Pa.  I  7; 

Tex.  I  8.) 
■:    adds  "criminal"  before  "cases".      (Tenn.  I   19.) 
In  indictments  for  libel,  jury  to  have  right  to  determine  law  and  fact 
under  direction  of  court.      (Ala.  I   12.) 
Verdict 

In  all  civil  and  criminal  trials  for  libel,  jury  to  have  power  of  giving 
general  verdict  as  in  other  cases.      (N.D.  I  9.) 
New  Trials 

Power  to  grant  in  case  of  conviction  preserved.      (Ga.  I  Sec.  II  1.) 

LIBERTY,  RIGHT  TO,  See  Life,  Liberty  and  Property. 

LIBRARIES 

<>f  highest  court  of  state,  See  Courts  —  Highest  Courts. 
Legislature  to  make  necessary  appropriations  for  care  and  maintenance 

of  state  library.      (La.  88.) 
State  library  managed  by  board  of  directors,  appointed  by  state  board  of 
education,  but  law  library  managed  by  highest  court.      ( Va.  IX  132.) 


Index  Digest  959 


LIBRARIES    (Cont'd) 

Legislature  to  pass  law  regulating  mode  and  manner  in  which  books  and 

state  library  kept  and  accounted  for  by  librarian.      (Md.  VII  3.) 
Legislature  to  create  at  every  session  joint  standing  committee  of  senate 

and  lower  house  to  examine  and  report  on  purchases  for   the  library 

and  all  expenditures  therein.      (Md.  Ill  24.) 
State  librarian  appointed  by  governor  with  advice  and  consent  of  senate; 

to   hold   office  during  term   of   governor    by    whom    appointed,   term   to 

begin    from    time    of    appointment    and    to    continue    until    successor 

appointed  and  qualified;  salary  $1,500;  to  perform  duties  prescribed  by 

law  and  no  appropriation  to  be  made  to  pay  for  any  clerk  or  assistant; 

legislature  to  pass  law  requiring  him  to  give  bond  in  such  penalty  as 

legislature  may  prescribe.      (Md.  VII  3,  XV  9.) 
State  librarian  appointed  by  governor  with  advice  and  consenl   of  senate; 

form  of  oath  of  office  prescribed,  affirmation  allowed.      (Minn.  V  4,  8.) 
State  librarian  to  be  elected  by  joint  vote  of  both  houses  of  legislature. 

Term  of  office  four  years,  duties  and  compensation  prescribed  by  law. 

Any  women  resident  of  state  four  years,  20  years  old,  eligible  to  office. 

(Miss.  IV  106,  ! 
Superintendent    of    public    instruction    to    be    ex-officio    state    librarian. 

(Colo.  IV  20.) 
Woman,   resident    in    state    two   years,   21    years   old,    eligible    as     state 

librarian.      (S.C.  XVII  1.) 
Women  21  years  of  age  and  upward  and  possessing  qualifications  of  male 

voter   may   vote   at   election   for   members   of   library   boards   or   upon 

measure  relating  to  libraries,  and  are  eligible  to  hold  office  pertaining 

to  management  of  libraries.      (Minn.  VII   8.) 
Reporter  of  highest  court  to  be  librarian  of  law  library  of  state.      (Nebr. 

VI  8.) 
Legislature  to  provide  by  law  for  establishment  of  at  least  one  library  in 

each  township  and  city ;  all  fines  in  counties,  cities  and  townships  for 

breach  of  penal  laws  exclusively  applied  to  support  of.  such  libraries. 

(Mich.  XI  14.) 
LICENSES 

Governor  may  grant  such  licenses  as  may  be  directed  by  law.      (Vt.  II  2 
Any  person  may  sell  or  peddle  products  of  farm  or  garden  occupied  and 

cultivated  by  him  without  obtaining  license  therefor.     (Minn.  I  18.) 

LIENS 

Mechanics'  and  artisans',  See  Labor  —  Liens. 

For  exception  from  exemptions  in  favor  of  certain  liens,  s.  i    EXEMPTIONS 

from  Forced  Sau 
Materialmen   to   have   lien    on   property   on   which   they    have    furnished 

material   for  value  of  the  material.      (Cal.  XX    15.) 
Materialmen  to  have  lien  upon  buildings  and  articles  made  or  repaired, 

for  value  of  material.      (Tex.  XVI  37.) 
Legislature  to  provide  for  giving  to  materialmen  adequate   lien   on   the 

subject-matter  of  labor.      (Ida.  XIII  6.) 
Legislature  may  secure  for  materialmen   their  just    dues   by   direct   lien 

upon  property  for  which  they  have  furnished  material  ;   no  provision  in 

constitution  to  limit  or  impair  this  power.      (Ohio   II   33.) 


<,<;,(_>  St  v  l  k   Constitutk  >n s 


LIENS      • 

tion,  extension  or  impairing,  not  to  be  authorized  by  local,  private  or 

rial  IftW.      (Ala.  IV   104;   Cal.  IV  25;   Ida.  Ill   19;  Ky.  59;   Mo.  IV 

Mont.  V  2G;  N.M.  IV  24;  N.D.  II  69;  Okla.  V  46;  Pa.  Ill  7;  Tex. 

Ill  56;  Wyo.  Ill  27.) 
Enforcement  or   release  not  to  be   authorized  by  local   or   special   law. 

(Ky.  59.) 

LIEUTENANT-GOVERNOR 

;■  this  heading  are  digested  those  provisions  ichich  specifically  refer 
to  this  officer.  For  provisions  relating  to  all  officers  and  hence  to 
this  one,  See  the  title  -  Public  Officers  ". 

Aiiulish.mknt  <>K  Ulil'  E 

Legislature  may  abolish.      (Wash.  Ill  25.) 
Bom> 

(Ji  not  less  than  double  amount  of  money  that  may  come  into  hands, 

and  not  less  than  $50,000,  sureties,  and  approval  f  thereof  ",  and 

increase  of  penalties,  as  may  be  prescribed  by  law.     (Nebr.  V  25.) 

a,  Assistants 

X..  salary  for  clerical  service  to  exceed  $1,800  for  each  clerk.     (Cal. 

V  19.) 

QOMFBNS  \Tlo.N 
Amount 

As  to  whether  salary  fixed  may  be  changed  by  law,  See  below, 

litis  subdivision,,  Increase  or  Decrease. 
Fixed  by  law.     (Ala.  V  118;  Colo.  IV  19;  Conn.  IV  4;  111.  V  23; 
Kan.  I   15;   Mo.  V  24;   N.C.  Ill   15;   Ohio  III   19;   Okla.  VI 

34;  R.I.  VII  11;  S.C.  IV  13.) 
lary  fixed  at  $1,000.      (N.D.  Ill  84;   Okla.   Sched.   15;  Wash. 

Ill  16.) 
try  fixed  at  $1,500.      (La.  69.) 
iry  fixed  at  $4,000.     (Cal.  V  19.) 
Salary  fixed  at   *5. 000.      (N.Y.  IV  8.) 

Same    compensation    and    mileage    as    members    of    legislature. 

(Mich.  V  10.) 
d)lc  compensation  of  state  senator.     (Minn.  V  6;  Nebr.  V  24; 

,    S.D.  XXI  2.) 
Same  as  speaker  of  house.     (Ala.  V  118;  Miss.  V  1301.) 
Same  per  diem  as  prescribed  by  law  for  speaker,  to  be  allowed 

only  during  session.      (Ida.  IV  19;  Mont.  VII  4.) 
Acting   as   president  of   senate,  same  as  speaker.      (Ind.  V  23; 
Ky.  86;    Mo.  V  18;  N.C.  Ill   11;   Va.  V  79.) 
ting  as  president  of  senate,  same  as  speaker;  no  other  com- 
pensation   exeepl    when  acting  as  governor.      (N.C.   Ill   11.) 
Acting  ;is  president  of  senate,  same  mileage  and  double  the  per 

diem  pay  of  senator  and  none  other.     (Iowa  IV  15.) 
Acting  as   presidenl   of  senate  same  compensation  and  mileage 

Jenators  "and  no  more''.      (Tex.  IV  17.) 
Double   the   per  diem  allowance  of  senators  for  every  day's  at- 
tendance as  president  of  senate  and  same  mileage  as  members 

of  legislature.     (Wis.  V  9.) 


Index   Digest  96] 


LIEUTENANT-GOVERNOR   (Cont'd) 
Compensation    (Cont'd) 
Amount    (Cont'd) 

As  president  of  senate  during  time  of  actual  attendance  as  pre 

siding  officer,  additional  allowance  of  $2  a  day.     (Nev.  I\   33.) 
Ten  dollars  a  day  while  acting  as  presiding  officer  of  senate  and 

mileage  at  same   rate  as  senator.      (N.M.    V    12.) 
As  president  of   senate,  as  member  of  board   of   pardons   when 

attending  sessions  of  board,  to  receive  same  compensation   pel 

day  as  speaker  of   house.      (Del.   Ill   19.) 
Acting  as  governor,  same  as  governor.      (Ala.  V   lis,   L29;   Colo. 

IV  13;  Ida.  IV  12;  111.  V  17;  Ind.  V  23;  Iowa  IV  15;  Ky.  86; 

La.-67;  Mich.  VI  IS;  Miss.  V  131;  Mo.  V  16;  Mont.  VII    II. 

N.M.  V  7;  N.C.  HI  12;  Okla.  VI   16;   Pa.  IV  Li;    \  a.  V   78.) 
Acting  as  governor,  same  as  governor,  and  "'no  more".      (Tex. 

IV  17.) 

Increase  or  Decrease 

In  General 

Allowed.      (N.D.  III  84;   Okla.  Sched.   15.) 
Allowed   after    10   years   from   date   of   admission    as   slate. 

(N.M.  V  12.) 
Increase   allowed,   but  total  not   to   exceed    s.'LuOl).      (Wash. 

Ill   16.) 
Increase  of  salary  prohibited.     (S.D.  XXI  2.) 
May  be  decreased,  but  not  increased.     (Cal.  V  19.) 
During  Term 

Prohibited  during  official  term.      (Colo.    IV    19;    111.    \ 

Mo.  V  24;  Mont.  VII  4.) 
Prohibited  during  period  for  which  elected.      (Ala.   V   118; 
Cal.  V   19;   Kan.   I   15;   N.C.   Ill    15;    N.D.    Ill    84;    Ohio 

111   19;  Okla.   VI   34.) 
Prohibited  to  extent  that  it  affects  salary  during  term.    (  Id  i. 

IV   19,  V  27.) 
Compensation  not  to  be  varied  so  as  to  take  effect  until  after 
election  after  passage  of  law  establishing  such  compensa 

tion.      (Conn.   IV  4. ) 
Not  to  be  diminished  during  term   for  which   (lee  led.      i  K.l. 

VII    11.) 
Compensation  Other  Than  Salary 

Emolument    or    allowance    other    than    salary,    nol     to    receive. 

(N.C.  ill    L5.) 
Not  to  receive  any  pension   or  ealarj    from   anj    other  state  or 

government  or  power.      (Mass.    I't.   II    Ch.  V!   2.1 
Compensation  to  be   in   full   for  all   services   rendered    in   official 
capacity   or  employment    during   term   of  office.      (Cal.    \     L9; 

Ida.  IV  19;   Mont.  VII   LI 
Compensation  limited   to   salary.      (111.    V    J.".:    K\.   96;    Mo.    \ 
24;   Nebr.  V  24;  N.M.  V   12;   N.Y.   IV   s.  V    I;   Okla.   \  1   34.) 
Fees  for  performance  of  duties   not    to  he   received.      (Ida.    IV 

19-.   Mont.  \  II  A:  N.M.  V  12.) 

31 


State  Constitutions 


LIEUTENANT-GOVERNOR   (Cont'd) 
H8A.TLOTH     (Cont'd) 
Compensation  Other  Than  Salary    (Cont'd) 

Fees  or  perquisites  for  performance  of  duties  not  to  be  received. 
(Cal.  V  19;  111.  V  23;   Mo.  V  24;  Nebr.  V  24;  N.Y.  IV  8,  V  1; 
Okla.   VI   34;   S.D.  XXI  2.) 
Costs  not  to  be  received.      (111.  V  23;   Mo.  V  24;   Nebr.  V  24; 

Okla.  VI  34, ) 
[nteresl    on    public   moneys   in   hands   or  under   control,  not  to 

be  received  to  own  use.  (Nebr.  V  24.) 
Payment  into  treasury,  See  below,  this  title,  Fees. 

Expenses 

No  salary  for  clerical  service  to  exceed  $1,800  for  each  clerk. 

(Cal.  V  19.) 

Legislature  may  provide  for  actual  and  necessary  expenses  while 

traveling  in  state  in  performance  of  official  duty.      (Ida.  IV 

19.) 
Payment 

Monthly  on  own  warrant.     (La.  69.) 
Dual  Office  Holding,  See  below,  this  title,  Qualifications  and  Dis- 
qualifications. 

ELK!   I  [OH 

I  rider  this  subhead  are  digested  those  provisions  which  specifically 
refer  to  this  officer.    For  provisions  relating  to  elections  in  general, 

See  the  title  Elections. 
Electors 

Qualified  electors  of  state.     (Ala.  V  114;  Colo.  IV  3;  Ida.  IV  2; 
Kan.  I  1;  Minn.  V  1;  Mont.  VII  2;  N.C.  Ill  1;  N.D.  Ill  74; 
Ohio  III  1;  R.I.  VII  1;  S.D.  IV  3;  Tex.  IV  2;  Wis.  V  3.) 
Same  as  for  governor.      (Cal.  V  15;  Del.  Ill  19;  Ky.  82;  Mass. 
Pt.  II  Ch.  II  Sec.  II  1;  Miss.  V  128;  Nev.  V  17;  Pa.  IV  4; 
S.C.  IV  5;   Tex.  IV   16;  Va.  V  77.) 
Same  as  for  members  of  lower  house.      (La.  62.) 
Male  citizens  21   years   and   older    (excepting   paupers,   persons 
under  guardianship,  and  persons  temporarily  or  permanently 
disqualified  by  law  because  of  corrupt  practices  at  elections), 
who  have  resided  in  state  one  year,  and  in  town  or  district 
six  months  before  election.     (Mass.  Amend.  3,  40.) 
•  hinge  of  residence  within  state  not  to  disqualify  elector  in  city 
or    town    from    which    he    removed    until    six    months    from 

removal.      (Mass.  Amend.  30.) 
Time  and  Places 

i  governor.  (Cal.  V  15;  Del.  Ill  19;  Iowa  IV  3; 
Ky.  82;  Mass.  Pt.  II  Ch.  II  Sec.  II  1;  Miss.  V  128;  Nev.  V 
17:  N.Y.  IV  1;  Pa.  IV  4;  S.C.  IV  5;  S.D.  IV  1;  Tex.  IV  16; 

Va.  V  77.) 
for  members  of  legislature.      (Ala.  V  114;  Ida.  TV  2; 
In. I.   V  3;  Kan.  1    1;   Mont.  VII  2;  N.C.  Ill   1 ;   N.D.  Ill   74; 
S.D.   IV  3;  Tex.  IV  2;  Wis.  V  3.) 


Index  Digest  963 


LIEUTENANT-GOVERNOR   (Cont'd) 
Election   (Cont'd) 

Time  and  Places    (Con I'd) 

Same  as  for  members  of  lower  house,      i  Da.  62;   \.Y.   IV  3.) 
At  general  election.     (Colo.  IV  3.) 
At  general  biennial  election.      (Mich.   VI   1.) 
Tuesday  after  first  Monday  in  November.     (Mass.  Amend,  W.i 
Biennially    on   first    Tuesday    after   first    Monday   of    November. 

(Vt.   II   35.) 
Tuesday  after  first  Monday  in   November,   ai    places   Eor   rating 

for  members  of  legislature.      (Ohio  III   1.) 
Tuesday  after  first  Monday  of  November,   L872,  and  everj    four 

years  thereafter.     (111.  V  3.) 
Tuesday  after  first  .Monday  in  November,    L876,  and   biennially 

thereafter.      (Xebr.  VI.) 
Tuesday  after  first   Monday   of  November,   1886,  and   biennially 

thereafter.     (Conn.  Amend.  WVII  1.) 
Tuesday  after  first  Monday  in  November,  1895,  and  evei  \    tour 

years  thereafter.     (Ky.  95.) 

At   town,   ward    and   district   meetings   on    Tuesday    after    lirst 

Monday    in   November,    1912,    and    biennially.      (R.l.    Amend. 

XVI.) 
Returns  and  Canvass 

Contested  Elections,  See  below,  this  subdivision,  Contested  Elec- 
tions. 
Election  in  Case  of  Tie  Vote,  See  belotv,    litis  subdivision.  Tik 

Vote. 
Canvassing  Board 

Until  otherwise  provided  by  law,  abstract  of  returns  to  be 
sealed  and  transmitted  to  secretary  of  state  who.  with 
lieutenant-governor  and  attorney-general,  constitutes  n 
board  of  canvassers;  to  meet  at  state  capitol  on  second 
Tuesday   of   December   after   election    to    proclaim    result. 

(Kan.  I  2.) 
Result  of  election  determined  by  board  of  state  canvassers, 
composed   of   secretary   of   state,   treasurer,   and    commis- 
sioner   of    state    land    office.      If    latter    office    abolished 
another    state    officer    designated    by    law    as    member    of 

board.     (Mich.  VI  20.) 

Made  to  secretary  of  state,  and  canvassed  by  board  composed 

of   secretary    and   two   or   more    of   judges   of   the   highest 

court  and  two  disinterested  judges  of  the  district  courts; 

result  declared  within  three  days  after  canvass.      (Minn. 

V  2.) 
Sealed  and  transmitted  to  seat  of  government,  directed  to 
secretary  of  state:  on  third  Monday  of  December  after 
election  chief  justice  of  highest  court  and  associate  jus- 
tices or  a  majority  to  meet  at  office  of  secretary  of  state 
and  open  and  canvass  returns  and  declare  result  and  pub- 
lish names.     (Nev.  V  4,  17.) 


mM  State  Constitutions 


LIEUTENANT-GOVERNOR   (Cont'd) 
Election    (Cont'd) 

Returns  and  Canvass    (Cont'd) 
Lower  House 

Sealed  and  transmitted  to  seat  of  government,  directed  to 
secretary  of  state  and  by  him  delivered  to  speaker  of 
house  at  next  session  of  legislature  within  one  day  after 
his  election.  Speaker  on  next  Tuesday  to  open  and  pub- 
lish in  presence  of  lower  house,  which  shall  count  the 
vote  of  each  county  and  district.  If  tie  in  votes  of  county 
or  district,  electoral  vote  to  be  considered  as  equally 
divided.  Person  found  to  have  received  majority  of  all 
electoral  votes  and  also  a  majority  of  popular  votes,  to  be 

elected.     (Miss.  V  128,  140.) 

Joint  Committee  of  Both  Houses 

Returns  made  by  constable  of  each  town  to  members  of 
lower  house;  at  opening  of  legislature  joint  committee  of 
both  houses  appointed  to  canvass  votes  after  being  sworn. 
Majority  vote  of  people  necessary  to  choice.     (Vt.  II  39.) 

Both  Houses 

Sealed  and  transmitted  to  speaker,  who  opens  and  pub- 
lishes in  presence  of  both  houses.     (Ind.  V  4;  Iowa  IV  3.) 

Sealed  and  transmitted  to  president  of  senate,  who  opens 
and    publishes    in    presence   of   members   of   both   houses. 

(Pa.   IV  2,  4.) 

Sealed  and  transmitted  to  president  of  senate,  or  if  vacancy 
in  his  office  or  absence  from  state,  to  secretary  of  state 
who  keeps  them  until  president  of  senate  chosen  to  whom 
they  are  immediately  transmitted  after  election  and  who 
opens  and  publishes  in  presence  of  members  of  both 
houses.  Duplicates  of  returns  also  immediately  lodged 
with  clerk  of  court  of  each  county.      (Del.  Ill  3,  19.) 

Sealed  and  transmitted  to  speaker,  who  opens  and  publishes 
in  presence  of  majority  of  members  of  both  houses.     ( N.C. 

Ill  3.) 

Sealed  and  transmitted  to  secretary  of  state,  who  delivers 
to  speaker  at  first  meeting  of  house,  who  opens  and  pub- 
lishes   in    presence    of    a   majority    of    members    of    both 

houses.     (Wash.  Ill  4.) 

Detailed  provisions  for  sealing  and  transmitting  to  secretary 
of  state,  who  lays  them  before  senate  and  lower  house  on 
the  first  Wednesday  of  January.      (Mass.   Pt.   II   Ch.   II 

Sec,  I  3,  Sec.  II  1,  Amend.  10.) 

Detailed  provisions  for  transmitting  to  secretary  of  state. 
Votes  to  be  counted  by  treasurer,  secretary  of  state  and 
comptroller  in  month  of  April  and  laid  before  general 
assembly  on  first  day  of  session.      (Conn.  IV  2,  3.) 

Sealed  and  transmitted  to  secretary  of  state,  who  delivers 
unopened  to  next  legislature.    Members  of  legislature  meet 


Index  Digest  9(55 


LIEUTENANT-GOVERNOR    (Cont'd) 
Election   (Cont'd) 

Returns  and  Canvass   (Cont'd) 
Both   Houses    (Cont'd) 

on  first  Thursdaj  after  assembling  to  cativa.se  rotes.     (La. 

62. 1 

Sealed  and  transmitted  to  speaker,  who,  during  first  week  of 
session,  opens  and  publishes  in  presence  of  both  housi  -  of 

legislature.     (Cal.  V  1.   I 

Sealed  and  transmitted  to  speaker  of  house  who,  during 
first  week  of  session,  opens  and  publishes  in  presence  of 
both  houses  in  joint  convention,  but  speaker's  duty  and 
duty  of  joint  convention  to  be  purely  ministerial.      |  Ua. 

V   115.) 

Until   otherwise   provided   by   law   to  be   sealed    and    trans 
mitted  to  secretary   of  state,  who  delivers  to  speaker,   as 
soon   as   chosen,  who   during  first  week   of  session   opens 
and  publishes  in  presence  of  both  houses.     (Tex.  IV  3.) 

Sealed  and  transmitted  to  secretary  of  state,  who  delivers  to 
speaker  of  house  on  first  day  of  session.  Speaker  within 
week    thereafter   opens   in   presence    of   majority    of   each 

house.      ( Va.  V  7".  77.) 

Sealed  and  transmitted  to  president  of  senate,  who.  during 
first  week  of  session,  opens  and  publishes  in  presence  of 
majority  of  members  of  each  house.  If  no  session  in 
January  after  election,  returns  made  to  secretary  of  state, 
and  opened  and  result  declared  by  governor,  in  manner 
prescribed  by  law.      (Ohio  III  3,  4.) 

Sealed  and  transmitted  to  seat  of  government,  directed  to 
secretary  of  state,  who  delivers  to  speaker  at  next  session 
of  legislature;  duplicates  filed  with  clerks  of  courts  of 
counties,  who  forward  certified  copy  on  notification  that 
returns  previously  forwarded  have  not  been  received. 
Secretary  of  state  delivers  returns  to  speaker  at  next 
session  of  legislature,  and  during  first  week  or  as  soon  as 
legislature  organizes  by  election  of  presiding  officers 
speaker  opens  and  publishes  in  presence  of  both   houses. 

(S.C.   IV  4,   5.) 

Sealed  and  transmitted  to  speaker,  who.  immediately  after 
organization  of  house  and  before  proceeding  to  other 
business,  opens  and  publishes  in  presence  of  majority  of 
each  house.     (111.  V  4;   Mo.  V  3;  Nebr.  V  4.1 

Sealed  and  transmitted  to  speaker,  who.  immediately  on 
organization  of  house  and  before  proceeding  to  other  busi- 
ness,  opens  and  publishes  in  presence  of  majority  of  mem- 
bers of  both  houses.     (Colo.  IV  3.) 

As  Prescribed  &;/  Law 

Returns  made  in  manner  prescribed  by  law.  (Ida.  IV  J: 
Mont.  VII  2;  N.D.  Ill  74;  S.D.  IV  3j   Wis.  V  3.) 


State  Constitutions 


LIEUTENANT-GOVERNOR   (Cont'd) 

El»  noH   (( '""'''''  I 
Failure  to  Elect 

Legislature,   on   organization,   to  meet   in   joint   convention   and 

•  i,  by  majority  vote,  person  to  fill  office,  who  shall  serve 

for  full  term  and  until  .successor  elected  and  qualified.     (R.I. 

Amend.  XI  3,  7.) 
Failure  to  receive  highest  number  of  votes,  See  below,  this  sub- 
division, Tie  Vote. 

Contested  Elections 

Procedure  in  case  of  tie  vote,  See  below,  this  subdivision,  Tie 

Vote. 
Determined  as  prescribed  by  law.     (Ida.  IV  2;  Mont,  VII  2.) 
Legislature  to  prescribe  by  law  manner  in  which  all  questions 

concerning  election  shall  be  determined.      (Conn.   IV  2.) 
Determined  by  legislature  in  manner  prescribed  by  law.      (Ala. 

V  115;   Ind.  V  6;   Iowa  IV  5;   Ky.  90;   S.C.  IV  4,  5;   Wash. 

III  4.) 
Determined  by  both  houses  of  legislature  in  joint  session.     (Tex. 

IV  3.) 
Determined  by  both  houses  of  legislature  by  joint  ballot  in  man- 
ner prescribed  by  law.     (Colo.  IV  3;  111.  V  4;  Mo.  V  25;  Nebr. 

V  4;  N.C.  Ill  3;  Va.  V  70,  77.) 

Contests  concerning  vote  of  county  or  district  to  be  decided  by 
majority  of  whole  number  of  members  of  lower  house  by  a 
viva  voce  vote  recorded  in  journal.      (Miss.  V  12S,   132,  140.) 

Determined  by  committee  selected  from  both  houses  of  legislature 
and  formed  and  regulated  in  manner  prescribed  by  law;  chief 
justice  of  highest  court  to  preside,  and  to  decide  on  admissi- 
bility of  evidence,  and,  on  request  of  committee,  to  pronounce 
opinion  op  questions  of  law.     (Pa.  IV  2,  4,  17.) 

Determined  by  joint  committee  consisting  of  one-third  of  all 
members  elected  to  each  house  to  be  selected  by  ballot  of  the 
bouses  respectively.  Every  member  of  committee  to  take 
oath  "ii  affirmation  and  committee  to  hold  public  sessions. 
(  hiii'  justice,  or,  if  he  is  absent  or  disabled/ chancellor  shall 
preside  at  trial  of  (untested  election,  and  decide  questions 
regarding  admissibility  of  evidence,  and  on  request  of  com- 
mitter pronounce  opinion  on  questions  of  law.  (Del.  Ill  4.) 
Tie  Vote 

Determined  by  lot  as  legislature  may  direct.      ( Ky.  70,  82.) 

Lower  bouse  to  elect  two  out  of  four  persons  who  had  highest 
number  of  votes;  senate  to  elect  one  of  such  persons.  (Mass. 
I't.   II  Ch.   II   Sec.   1  3,  Sec.  II   1,  Amend.  14.) 

Ii  no  person  has  majority  of  votes,  legislature  by  joint  vote 
I"    ''Icct    one    bf    three    candidates    having    highest    number    of 

votes.      (Vt.  II  30.) 

Legislature  bj  joint  vote  at  next  annual  session,  forthwith  to 
elecl    one  of  persons  in  tie.      (N.Y.  IV  3;  Wis.  V  3.) 


Im>kx    Digest  967 


* 


LIEUTENANT-GOVERNOR   (Cont'd) 
Election   (Cont'd) 

Tie  Vote    (Cont'd) 

Legislature  at  next  regular  session   to  eled    forthwith   by  joint 
vote  one  of  persons  in  tie.      (Ida.  IV  2;   Mont.   \  II    2;   X.D. 

Ill    71;    S.I).   IV  3.) 

Legislature  by  joint  vole  to  elect  one  of  persons  in  tie.     (Cal.  V 

4,  15;   Colo.  IV  3;    111.   V  4;   Kan.  I  2;    Mo.  V  3;  Nebr.  V  4; 

Nev.  V  4,  17;  N.C.  Ill  3;  Ohio  III  3;  Pa.  IV  2,  4 ;   Va.  V  70, 

77;  Wash.  Ill   I. J 
Legislature  by  joint  vote  to  elect  one  of  persons  in  tie;  majority 

vote  necessary  to  choice.      (R.I.  Amend.  XI  3,  7.) 
Legislature  by  joint  ballot  to  choose  one  of   persons  in  tie  and 
if   two   or  more  are   still   in  tie  president  of   senate  to  have 

casting  vote.      (Del.   Ill  3,   19.) 
Legislature  by  joint  vote  without  delay  to  elect  one  of  persona 
in  tie.     (Ala.  V  115;  Ind.  V  5;  Iowa  IV  4;  La.  62;  Tex.  IV  3.) 
Legislature  on  second  day  of  session  by  joint  vote  to  elect  with- 
out debate  one  of  persons  in  tie.     (Conn.  Amend.  XXX.) 
Legislature,  during  same  session,  to  elect  one  of  persons  in  tie. 

(S.C.  IV  4,  5.) 
If  no  person  receives  majority  of  electoral  votes  and  also  major- 
ity of  popular  vote,  lower  house  elects  one  of  two  persons  hav- 
ing highest  number  of  popular  votes.     Election  by  viva  voce 
vote  recorded  in  journal.      (Miss.  V  128,  141.) 
Election  to  Fill  Vacancy,  See  below,  this  title,  Vacancy  in  Office. 
Expenses,  See  above,  this  title,  Compensation. 
Fees 

As  to  whether  fees  may  be  received,  See  above,  this  title,  Compensa- 
tion. 
Fees  and  profits  to  be  covered  into  treasury.     (N.D.  Ill  84.) 
Fees  payable  by  law  to  be  paid  in   advance  into  treasury.      (Colo. 

IV  19;  111.  V  23;  Mo.  V  24;  Nebr.  V  24.) 
Fees  payable  by  law  to  be  collected  in  advance  and  deposit ed   with 
treasurer  quarterly  to  credit  of  state.     (Ida.  IV  19;  Mont.  VII  4.) 
Impeachment 

See  also  Impeachment. 
May  be  impeached.      (Tex.  XV  2.) 
For  misdemeanor  in  office.      (Cal.  IV   18.) 

For  wilful  neglect  of  duty,  corruption  in  office,  incompetency,  intem- 
perance in  use  of  liquors  or  narcotics,  or  offense  involving  moral 
turpitude  in  office.      (Ala.  VIT   173.) 
For  malfeasance  in  office,  corruption,  neglect  of  duty  or  other  high 

crime  or  misdemeanor.      (Va.  IV  54.) 
For   high   crimes   or   misdemeanors,   and   for   misconduct,   habits   of 

drunkenness,  or  oppression  in  office.     (Mo.  VII  1.) 
For  "high  crimes  and  misdemeanors,  for  non-feasance  or  malfeasance 
in  office,  for  incompetency,  for  corruption,  favoritism,  extortion  or 
oppression  in  office,  or  for  gross  misconduct,  or  habitual  drunken- 
ness".     (La.  217.) 


5 


Si  mi;    CONSTITUTIONS 


LIEUTENANT-GOVERNOR    I' 

1  m  11  m  iimi  m    [Cont'd) 

lf  durin  3  0f  legislature  majority  of  members  elected  to  lower 

,„,  ify   in   writing  to  secretary  of  state,  desire  to  meet  to 

,.  impeachment  of  lieutenant-governor,  secretary  of  state 
shall  notify  speaker  of  house  who  within  10  days  summons 
mbers  by  publication  in  newspaper  to  assemble  at  capitol  on 
day  fixed  by  speaker,  nol  less  than  15  days  after  receipt  of 
notice.  It  lower  house  prefers  articles,  speaker  to  forthwith  notify 
seeretarj  of  state  who  summons  members  of  senate  to  assemble  at 
capitol  on  day  named,  noi  less  than  10  days  after  receipt  of  notice 
from    speaker       Senate  to  hear   and  try   articles   as   preferred  by 

house.      (Ala.  VII   173.) 

i  a    01    <  >F1  tCE 
Form  prescribed,  affirmation  allowed.     (Minn.  V  8.) 
Administered  by  secretary   of   state  or   in   his   absence  by  attorney- 
general.     (R.I.  IX  5.) 
Administered   by   president   of   senate   in   presence   of   both   houses. 

(Mass.  Pt.  II  Ch.  VI  1.) 
No  other  than  oath  of  allegiance  and  of  office  prescribed  in  consti- 
tution, to  be  required  as  qualification  for  office.     (Mass.  Amend.  7.) 

Office  and  Public  Records 

Office  to  be  kept  at  seat  of  government.      (Mich.  VI   1.) 
Office  and  public  records  to  be  kept  at  seat  of  government.     (Okla. 

VI   1.) 

Poweks  and  Duties 

Succession  to  governorship,  See  Governor. 
As  presiding  officer  of  senate,  See  LEGISLATURE. 
As  prescribed  by  law.     (Mich.  VI  1;  N.Y.  V  6;  Wash.  Ill  16.) 
Aa  prescribed  by  constitution  and  by  law.     (Ida.  IV  1;  Mont.  VII  1; 

Okla.  VI  1.) 
Member    of    governor's    council,    except    when    acting    as    governor. 

(Mass.  Pt.  II  Ch.  II  Sec.  II  2.) 
/       officio   lieutenant-general    of   all   the   forces   of   the   state.      (Vt. 

II  20.) 
Ql    UNIFICATIONS    AND    DISQUALIFICATIONS 

Same  as  for  Governor.    (Cal.  V  15;  Conn.  IV  3;  Del.  Ill  10;  Ky.  82; 
Miss.   V    128;    Mo.   V    15;   Nov.   V    17;   N.Y.   IV   7;    Okla.   VI    15; 
S.C.   IV  :.:  Tex.   IV  16;  Va.  V  77.) 
Age 

Twenty-five  years,  shall  have  attained  age  of.      (Minn.  V  3.) 

I  liiny  years  to  be  eligible  to  office.      (Colo.  IV  4;  111.  V  5;  Ind. 

V  7;  La.  03:   Mich.  VI  13;  Xebr.  V  2;  N.M.  V  3;  N.Y.  IV  2; 

N.C.  Ill  2;  X.D.  Ill  73;   Okla.  VI  3;   Pa.  IV  5;   S.D.  IV  2.) 

Unity  years  at  time  of  election.     (Ala.  V  117;  Ida.  IV  3;  Iowa 

IV  6;  Mont.  VII  3.) 
Citizenship 

Iv    /  rnit(  d   Stairs 

Musi  be  citizen.  (Colo.  IV  4;  Ida.  IV  3;  Minn.  V  3;  Mont. 
\  II  3;  N.M.  V  3;  N.Y.  IV  2;  X.D.  Ill  73;  Okla.  VI  3; 
Pa.  [V  5;  S.D.  IV  2;  Wis.  V  2.) 


Index   Digest  969 


LIEUTENANT-GOVERNOR    (Cont'd) 

Qualifications  a.m>  Disqi  \i.nn  \tio.\s   {('out''/) 
Citizenship    (Confd) 

I  a.  Unit<  d  states   ( Cont'd 

For  two  years  preceding  election.     (Iowa  IV  6;  NTebr.  V  2.) 
For  five  years  preceding  election.      (111.  \ 
For  live  years   (preceding  election?).     (Ind.  V  7:    Mich.  VI 

L3;    NT.C.    Ill    2.) 
For  10  years   (preceding  elect  inn'.' ) .     (Ala.  V    117:    La.  •'>•':.) 
//<    Sin  le 

For  two  years    preceding   election.      (Nebr.    V    2.) 
For  five  years  preceding  election.      i  111.   V   5.) 
For  seven  years  preceding  election.     (Ala.  \    117.) 
Dual  Office  Holding 

Ineligible  to  other  office  during  period   I'm-  which  elected.      (111. 

V   5;    Ind.   V  24;    N.D.    Ill    73;    S.D.    IV   2.) 
Ineligible   to   office   or   appointmenl    from    legislature    or    either 
house  during  term   for  which  elected,   votes   for   him    for   such 

office  to  be  void,     i  Mich.  \  I    15.)' 
Ineligible  to  any  other  public  office  during  term  of  office,  excepl 

member  of  state  board  of  education..    (Mont.  VII   4.) 
Ineligible  to  other   state   office  during  period    for   which   elected. 

(Nebr.  V  2.) 

Not  to  hold  any  other  place  or  office  under  authority  of  -tale,  oi 

from  any  other  state  or  government   or  power.      I  Mass.   I't.   II 

Ch.  VI   2.) 
Ineligible  to  office  of  governor,   justice   of   highest    court,    treas 
urer,  member  of  Legislature,  surveyor-general  or  sheriff.     (V;. 

II    50.) 

Member  of  Congress  or  person   holding  office  under  this   -tali'  or 

United  States  not  to  fill  office  of  lieutenant-governor.      |  Ind. 

V  ■ 

Person  holding  office  under  United  States  at  time  of  or  within 
six  months  immediately  preceding  election  for  governor,  ineli- 
gible to  office  of  lieutenant-governor.      (La.  63.) 

No  judge  (except  of  court  of  sessions)  and  no  person  holding 
office  under  authority  of  United  States  (postmaster  excepted) 
shall,    at   the   same   time,    hold    office   of   lieutenant-governor. 

(Mass.  Amend.   B.  I 

Person  holding  office  under  authority  of  this  state  or  of  United 
States  not   to   exercise   office  of    lieutenant-governor.      (Iowa 

IV  14.) 

Electoral 

Must  be  qualified  elector  to  be  eligible  to  office.      (N.D.  Ill   73; 

^.1).    IV   J-.    Wis.   Y   2.) 
Must  have  been  qualified  elector  for  three  years  preceding  elec- 
tion.     (Okla.   VI   3.) 
Prior  Service  in  Office  as  Disqualification 

Ineligible  as  own  successor.      (Ala.   V    11(1:    l'a.    IV  4.  3.) 
Ineligible  for  four  years  after  term  for  which  elected.    (Ky.  82.) 


State  Constitutions 


LIEUTENANT-GOVERNOR    (Cont'd) 

in  with  \im.\>  \m>  Disqualifications  (Cont'd) 

Prior  Service  in  Office  as  Disqualification  [Cont'd) 

Ineligible  more  than  four  years  in  period  of  eight  years  "unless 
office    cast     on    him    as    lieutenant-governor    or    president    of 

senate".      (N.C.  III  2.) 
After   serving    two   consecutive   terms,    ineligible   to   hold   state 
office   for  two  years  thereafter.      (N.M.  V   1    [1914].) 

Residence 

Same  as  for  governor.     (Mass.  Pt.  II  Ch.  II  Sec.  II  1.) 

In  stale  for  one  year  preceding  election.     (Minn.  V  3.) 

In    state    for   two    pears   preceding  election.      (Colo.    IV   4;    Ida. 

IV  3;    towa    IV   <>;    Mich.   VI   3;    Mont.   VII   3;   N.C.   Ill   2; 

S.D.  IV  2.) 
In   state  for   four  years   preceding  election.      ( Vt.   II   22.) 
In  state  for  five  years  preceding  election.     (Ind.  V  7;  N.M.  V  3; 

N.Y.  IV  2;  N.D.  III  73.) 
In   state   for    seven    years   preceding   election.      (Ala.   V    117.) 
In    state    for   seven    years   preceding  election,  unless   absent   on 

business  of  United   States  or  of  state.      (Pa.  IV  5.) 
In  state   for    1»>  years  preceding  election.      (La.   63.) 

Sex 

See  also  above,  this  subdivision,  Electoral. 
Must  be  male.      (Okla.  VI  3.) 

Rotation  in  Office,  See  above,  this  title,  Qualifications  and  Disquali- 
i  [i  \tions  —  Prior  Service  in  Office  as  Disqualification. 

1 1  Bid  op  Office 
Length 

Same  as  for  governor.      (Cal.  V  15;  Del.  Ill  19;  Ky.  82;  Miss. 

V  128;  TSTev.  V  17;   N.D.  Ill  72;   Pa.  IV  4;   S.C.  IV  5;   Tex. 

IV  16;  Va.  V  77.) 
One  year.      (Mass.  Amend.   10.) 

Two  years.  (Colo.  IV  1;  Conn.  Amend.  XXVII  2;  Ida.  IV  1; 
[owa  IV  :;,  15;  Kan.  I  1;  Mich.  VI  1;  Minn.  V  3;  Nebr.  V  1; 
N.M.  V  1   [1914];  N.Y.  IV  1;  Ohio  III  2,  XVIJ  2;  R.I.  Amend. 

XVI;  S.D.  IV  1;  Wis.  VI.) 
Four  years.     (Ala.  V  116;  111.  V  1;  Ind.  V  2,  9;  La.  62;  Mo.  V 

■2:  Mont.  VII  1;  N.C.  Ill  1;  Okla.  VI  4;  Wash.  Ill  3.) 
To  serve  until  successor  qualified  (regardless  of  length  of  term 
specified).  (Ala.  V  116;  Conn.  Amend.  XXVII  2;  111.  V  1; 
!'■":'  IV  :;.  15;  Kan.  I  1  ;  Mass.  Amend.  10;  Minn.  V  3;  Mo.  V 
2:  Mmit.  VI]  1:  Nebr.  V  1;  N.C.  Ill  1;  Ohio  III  2;  Pa.  IV 
17:  R.I.  Amend.  XVI;  Wash.  Ill  3.) 
To  serve  until  successor  qualified,  or  to  adjournment  of  session 
of  legislature  al   which,  by  constitution  and  laws,  successor  is 

to  be  chosen.     (Vt.  II  41.) 
Ci     erve  until  firs!  Monday  after  successor  qualified.     (La.  64.) 
Re-election  to  Same  Office,  See  above,  this  title.  Qualifications  and 
Disqi  unifications    -Prior  Service  i.\  Office  as  Disqualifica- 
tion. 


Index  Digest  ft  71 


LIEUTENANT-GOVERNOR    (Cont'd) 
Term  of  Office  (Cont'd) 
Time  of  Beginning 

Same  as  for  governor.      (Cal.  V  15;  Del.   Ill    lit;   Kv.  82;   .Miss. 
V  128;   Nev.  V  17;   N.D.  Ill  72;   Pa.  IV  4;   S.C.  IV  5;   Tex. 

IV  10;  Va.  V  77.) 
When  chosen  and  qualified.     (Vt.  II  41.) 
January   1st  after  election.      (N.M.  V   1;   N.C.   III   1.) 
First  Monday   in   January   after   election.      (Ida.   IV    1;    Mont. 

VII   1.) 
First   Monday   after   announcement  by   legislature   of   result   of 

election.  (La.  64.) 
First  Wednesday  in  January  after  election.  (Mass.  Amend.  10.) 
Wednesday  after  first  Monday  in  January  after  election.     (Conn. 

Amend.  XXVII  2.) 
First  Thursday   [after]  first  Tuesday  in  January  after  election. 

(Nebr.  VI.) 
Second  Monday  in  January  after  election.      (111.  V  1;   Iowa   IV 

15;  Kan.  I  1;  Mo.  V  2;  Ohio  III  2;   Okla.  VI  4.) 
Second  Monday  in  January  after  election  until  otherwise  pro- 
vided by  law.     (Wash.  Ill  4.) 
Second  Tuesday   in  January   after  election.      (Colo.  IV   1;    R.I. 

Amend.  XVI.) 
First  Monday  after  second  Tuesday  in  January  after  election. 

(Ala.  V  116.) 
Vacancy  in  Office 

Election  of  president  pro  tempore  of  senate,  Sec  Legislature. 
If  office  of  governor  and  lieutenant-governor  are  both  vacant  by 
reason  of  death  or  otherwise,  vacancy  filled  by  legislature  by 
majority  vote  in  joint  convention;  and  acting  governor,  if  legis- 
lature not  in  session,  to  call  special  session  within  20  days 
after  both  offices  are  vacant  unless  regular  session  sooner  to  occur. 

(R.I.  Amend.  XI,  4,  7.) 
In  case  lieutenant-governor-elect  dies,  removes  from  state,  refuses  to 
serve,  becomes  insane,  or  otherwise  incapacitated,  or  if  failure  to 
elect,  legislature,  upon  its  organization,  to  meet  in  joint  conven- 
tion and  elect,  by  majority  vote,  person  to  fill  the  office.  If  elec- 
tion by  legislature  is  because  of  failure  of  candidate  to  receive 
plurality  of  votes,  election  to  be  made  from  persons  who  receive 
same  and  largest  number  of  votes.  Person  elected  serves  for 
remainder  of  term,  or  full  term  as  case  may  be,  and  until  suc- 
cessor qualified.  (R.I.  Amend.  \I  3,  7.) 
When  he  acts  as  governor,  unless  during  temporary  disability  of 
governor,  vacancy  filled  as  directed  by  constitution.    (Utah  III  20.) 

LIFE,  LIBERTY  AND  PROPERTY 

Right  to 

Protection  of  persons  and  property   paramount  duty  of  government 

and  shall  be  impartial  and  complete.     (Ga.  I  Sec.  I  2.) 
All   persons   have  right  to   protection   of   life,   liberty   and   property. 
(Mass.  Pt.  I  10;  N.H.  I  12;  Vt.  I  9>.) 


972  S  I   \  I  K    (  '.INSTITUTIONS 


LIFE,  LIBERTY  AND  PROPERTY    (ConC<h 

Right  ro   (( 'on 

All  men  have  inalienable  right  to  life,  liberty  and  pursuit  of  hap- 
piness.     (Ala.  I  1;  111.  II  1;  Ind.  I  1;  Kan.  B.K.  1;  Nebr.  I  1.) 
"inherent"  right.       (Wis.  I  1;  Wyo.  I  2.) 

All  men  have  inalienable  right  to  defend  lives  and  liberties,  acquire, 
possess  and  protect  property.      (Utah  I  1.) 

All  men  have  inherent  right  to  enjoy  and  defend  life  and  liberty, 
acquire    and    protect    property,    and    to    pursue    happiness.      (S.D. 

VI  1.) 

All  nun  have  inalienable  right  to  enjoy  life  and  liberty,  with  means 
of  acquiring  and  possessing  property,  and  pursuing  and  obtaining 
happiness  and  safety.      (Va.  I  1;  W.Va.  Ill  1.) 

All  men  have  inalienable  right  to  enjoy  and  defend  life  and  liberty; 
acquire,  possess  and  protect  property;  pursue  and  obtain  safety 
and  happiness.  (Cal.  I  1;  Colo.  II  3;  Fla.  D.R.  1;  Ida.  I  1;  Iowa 
I  1 ;  Ky.  1 ;  Me.  I  1 ;  Mass.  Pt.  I  1 ;  Mont.  Ill  3 ;  Nev.  I  1 ;  N.H. 
I  2;  N.J.  I  1;  N.M.  II  4;  Ohio  I  1;  Vt.  I  1.) 

All  men  have  inalienable  right  to  enjoy  and  defend  life  and  liberty; 
acquire,  possess  and  protect  property  and  reputation,  and  pursue 

happiness.     (Ark.  II  2;  Pa.  I  1.) 

Same;  adds  at  end  "and  safety".     (N.D.  I  1.) 

All  men  have  right  of  enjoying  and  defending  life  and  liberty,  of 
acquiring  and  protecting  reputation  and  property,  and  in  general 
of  obtaining  objects  suitable  to  their  condition.      (Del.  Preamble.) 

All  persons  have  natural  right  to  life,  liberty  and  enjoyment  of  gains 

of  their  own  industry.     (Mo.  II  4.) 

All  persons  have  right  to  life,  liberty,  pursuit  of  happiness,  and 
enjoyment  of  gains  of  their  own  industry.      (Okla.  II  2.) 

All  men  have  inalienable  right  to  life,  liberty,  enjoyment  of  fruits 
of  their  own  labor,  and  pursuit  of  happiness.      (N.C.  I  1.) 

Deprivation  of 

Right  of  action  for,  See  Injuries  and  references  there  given;  See 

Administration  of  Justice. 

For  provisions  confined  to  accused  persons,  See  Crimes  —  Rights  of 

Accused. 

Eminent  domain,  See  Eminent  Domain. 

No  person  to  be  deprived  of  life,  liberty  or  property  without  due 
process  of  law.  (Ariz.  II  4;  Ark.  II  8;  Cal.  I  13;  Colo.  II  25 
Fla.  D.R.  12;  Ga.  I  Sec.  I  3;  Ida.  I  13;  111.  II  2;  Iowa  I  9;  La.  9 
Mich.  I  16;  Minn.  I  6;  Miss.  Ill  14;  Mo.  II  30;  Mont.  Ill  27 
N'.br.  I  3;  Nev.  I  8;  N.M.  II  18;  N.Y.  I  6;  N.D.  I  13;  Okla.  II  7 
S.C.  I  5;  S.D.  VI  2;  Utah  I  7;  Wash.  I  3;  Wyo.  I  6.) 

N<>  person  to  be  deprived  of  his  property  without  due  process  of  law. 

(Va.   I    11.) 

tfo   person   to  be  deprived   of  life,   liberty  or   property  without  due 
process  of  law  and  the  judgment  of  his  peers.      (W.Va.  Ill  10.) 

\<»  person  fan  be  justly  deprived  of  liberty  except  by  the  laws  of  the 
land  or  the  judgment  of  his  peers.      (Vt.  I  10.) 

No  person  to  be  deprived  of  life  or  liberty  except  by  the  law  of  the 
land  or  judgment  of  his  peers.      (Va.  I  8.) 


Index  Digest  973 


LIFE,  LIBERTY  AND  PROPERTY    (Cont'd) 
Deprivation  of    (Cont'd) 

No  citizen  of  state  to  be  deprived  of  life,  liberty,  property,  privileges 
or  immunities  except  by  due  course  of  the  law  of  the  land.      (Tex. 

I   19.) 

No  member  of  state  to  be  deprived  of  any  right  or  privilege  secured 

to  any  citizen  thereof  unless  by  law  of  land  or   judgment  of   hie 

peers.     (Minn.  I  2;  N.Y.  I    I.) 
No  person   ought  to  be  taken,   imprisoned  or  disseized  of  his   free- 
hold, liberties  or  privileges,  or  outlawed  or  exiled,  or  in  any  man 
ner   deprived  of   life,   liberty  or   property,  but  by   the  law   of   the 

land.     (N.C.  I   17.) 
No  man  to  be  taken  or  imprisoned,  or  disseized  of  his  freehold,  lib- 
erties or  privileges,  or  outlawed,  or  exiled,  or  in  any  manner  de- 
prived of  his  life,  liberty  or  property,  but  by  the  judgment  of  his 
peers  or  the  law  of  the  land.      (Tenn.  I  8.) 
No  person  to  be  taken,  imprisoned  or  disseized  of  his  estate,  free- 
hold,  liberties   or   privileges;    or  outlawed,   or   in   any  manner   de- 
stroyed or  deprived  of  his  life,  liberty  or  property,  except  by  judg- 
ment of  his  peers  or  the  law  of  the  land.      (Ark.  II  21.) 
No  man  ought  to  be  taken  or   imprisoned   or  disseized  of   his  free- 
hold, liberties  or  privileges,  or  outlawed,  or  exiled,  or  in  any  man- 
ner destroyed,  or  deprived  of  his  life,  liberty  or  property,  but  by 
the  judgment  of  his  peers,  or  by  the  law  of  the  land..    (Md.  D.R. 

23.) 

No  subject  to  be  arrested,  imprisoned,  despoiled  or  deprived  of  his 

property,   immunities   or   privileges,   put  out  of   the  protection   of 

the  law,  exiled  or  deprived  of  his  life,  liberty  or  estate,  but  by 

the  judgment  of  his  peers,  or  the  law  of  the  land.     (Mass.  Pt.  I  12; 

N.H.  I  15.) 
No  citizen  shall  be  deprived  of  any  right,  privilege  or  immunity  or 
exempted  from  any  burden  or  duty  on  account  of  race,   color   or 
previous  condition.      (Ark.  II   3.) 
No  person  shall  be  disturbed  in  his  private  affairs,  or  his  home  in- 
vaded without  authority  of  law.      (Ariz.  II   8;   Wash.  I  7.) 
No   person  shall  be  denied  equal   protection   of  law.      (N.M.   II   IS; 

S.C.  I  5.) 
No   man's   particular   service   shall   be  demanded   without   just  com- 
pensation.     (Ind.   I   21;    Tenn.   I   21.) 
LIMITATION  OF  ACTIONS,  See  Courts. 

LIQUORS 

Adulterated,   Prohibited 

Legislature  to  prohibit  importation  into  state  for  sale  of  any 
spurious,  poisonous  or  drugged  spirituous  liquors,  or  spirituous 
liquors  adulterated  with  any  poisonous  or  deleterious  substance, 
and  to  prohibit  compounding  or  manufacture  in  state  r\cept  for 
chemical  or  mechanical  purposes,  of  any  such  liquors,  and  to  pro- 
hibit sale  of  such  liquors  for  beverage;  violation  of  such  prohibi- 
tions to  be  punished  by  fine  or  imprisonment.  Legislature  to  pro- 
vide for  condemnation  and  destruction  of  all  spurious,  poisonous 
or  drugged  liquors  above  prohibited.      (Colo.  XVIII  5.) 


.,;  1  Si  vik    (  \  institution; 


LIQUORS   [Confd) 

-.  \n  bed  Alcohol 
Nothing  in  constitution  to  prevent  manufacture  or  sale  of  denatured 

alcohol  under  regulations  prescribed  by  law.      (Okla.  XX  1.) 
Prohibition   provision   not  applicable   to   manufacture  or   sale  of   de- 
natured alcohol.      (Ariz.  XXIII   (1914).) 
Manufacture  and  sale  of  for   industrial   purposes   may  be  permitted 
under   regulations   prescribed  by  law  in  spite  of  prohibition  pro- 
ion.      (W.Va.  VI  46    (1912).) 

Drunkenness 

Provision   for   education   of   inebriates    to    be    made    by   legislature. 

(N.C.   XI   9.) 
Legislature  may  establish   asylum   for   cure  of   drunkenness   and  re- 
form of  inebriates.      (Tex.   XVI   42.) 
Kt.eotion  Day  Sales,  See  Elections — Intoxicating  Liquors. 

Indian  Restrictions 

Sale,  barter  or  giving  intoxicating  liquors  to  Indians  and  the  intro- 
duction   of   such   liquors   into    Indian   country    prohibited.      (Ariz. 

XX  3;  X.M.  XXI  1.) 

Whenever  lands  contained  within  Indian  reservations  or  allotments 
are  allotted,  sold,  reserved  or  otherwise  disposed  of,  they  shall  be 
subject  for  25  years  thereafter  to  laws  of  United  States,  prohibit- 
ing introduction  of  liquor  into  Indian   country.      (Ariz.   XX   11; 

N.M.  XXI  8.) 

Manufacture,  sale,  barter,  giving  away  or  otherwise  furnishing,  ex- 
cept as  hereinafter  provided,  of  intoxicating  liquors,  within  parts 
of  state,  known  as  Indian  Territory,  Osage  Indian  reservation  and 
within  other  lands  which  were  Indian  reservation  on  January  1, 
1906,  prohibited  for  21  years  from  admission  of  state,  and  until 
otherwise  provided  by  constitutional  amendment.  Detailed  pro- 
vision for  sale  of  alcohol  for  industrial  and  educational  purposes 
and  of  liquor  for  medicinal  purposes,  with  penalties  for  illegal 
sale.      Provisions   to   be   immediately   enforcible   on    admission    of 

state.  (Okla.  17.) 
Local  Option 

Legislature  may  submit  question  to  voters  of  each  district,  whether 
manufacture  and  sale  of  intoxicating  liquors  be  licensed  or  pro- 
hibited in  district.  Must  submit  on  request  of  majority  of  mem- 
bers elected  from  a  district;  if  majority  against  license,  manu- 
facture and  sale  prohibited  in  district,  "  except  for  medicinal  or 
sacramental  purposes";   legislature  to  pass  necessary  legislation. 

(Del.  XIII.) 
Roard  of  county  commissioners  of  each  county,  not  oftener  than  once 
in  two  years,  on  application  of  one-fourth  of  registered  voters  of 
county,  to  call  election  to  determine  whether  sale  of  intoxicating 
liquors  shall  be  prohibited.  Election  to  be  determined  by  majority 
of  votes  of  those  voting  at  election  which  shall  be  conducted  in 
manner  prescribed  by  law  for  general  elections;  and  intoxicating 
liquors  not  to  be  sold  in  any  election  district  in  which  majority 
vn(  cast  against  the  same  at  such  election.     Elections  to  be 


Index    Digest  '.•(.*, 


LIQUORS   (Cont'd) 

Local  Option    (Cont'd) 

held  within  00  days  from  time  of  presenting  application;  but  if  it 
would  thereby  take  place  within  60  days  of  state  or  national 
election,  to  be  held  within  60  days  after  such  state  or  national 
election.     Legislature   to   provide  necessary   laws   for   enforcement. 

(Fla.  XIX.) 

Laws  relating  to  sale,  loan  or  gift  of  vinous,  spirituous  or  malt 
liquors  exempted  from  provision  that  no  law  be  enacted  to  take 
effect  on  approval  of  any  other  authority  than  legislature.       (Ky. 

60.) 

Local  or  special  law  not  to  provide  means  of  taking  sense  of  people 
of  city,  town,  district,  precinct  or  county,  whether  they  wish  to 
authorize,  regulate  or  prohibit  therein  sale  of  vinous,  spirituous 
or  malt  liquors  or  alter  liquor  laws.  Legislature  to  provide  by 
general  law  therefor.  Elections  for  this  purpose  may  be  held  on 
day  other   than   regular   election   day.      ( Ky.   59,  61.) 

Municipal  corporations  to  be  authorized  by  general  laws  to  limit 
number  of  saloons.  Laws  not  to  be  passed  authorizing  more  than 
one  saloon  in  each  township  or  municipality  of  less  than  500 
population,  or  more  than  one  saloon  for  each  500  population,  in 
other  townships  and  municipalities.  Traffic  not  to  be  licensed  in 
any  subdivision  in  which  prohibited  under  laws  applying  to 
such  subdivision.  Nothing  herein  to  be  construed  to  repeal, 
modify  or  suspend  any  such  prohibitory  laws,  or  regulatory  laws, 
"  or  to  prevent  future  enactment,  modification "  or  repeal  of  any 
prohibitory  or  regulatory  law.  "  Saloon  "  as  used  in  this  section 
defined  to  be  a  place  where  intoxicating  liquors  are  sold,  or  kept 
for   sale,   as  beverage   in   quantities   less   than   one  gallon.      (Ohio 

XV  9.) 

No  law  to  be  passed  or  be  in  effect  prohibiting  the  sale,  furnishing 
or  giving  away  of  intoxicating  liquors  operative  in  a  subdivision 
of  the  state  upon  the  option  of  the  electors  thereof,  or  upon  any 
other  contingency,  which  has  force  within  a  territory  larger  than 
a  municipal  corporation  or  a  township  outside  of  municipal  cor- 
porations therein.  All  laws  in  contravention  of  the  foregoing  are 
hereby   repealed.      (Ohio   XV   9a.) 

Legislature  may  not  delegate  to  municipal  corporations  power  to 
issue  licenses  to  manufacturers  or- sell  liquors.     (S.C.  VIII  11.) 

Legislature  at  first  session  to  enact  a  law  by  which  qualified  voters 
of  county,  justice's  precinct,  town,  city  (or  subdivision  of  county 
designated  by  commissioner's  court)  may  by  majority  vote  deter- 
mine whether  the  sale  of  intoxicating  liquors  shall  be  prohibited. 

(Tex.  XVI  20.) 

Legislature  may  enact  local  option  laws.      (Va.  IV  62.) 
Liquor  license   in   any   incorporated   city,   town  or  village  not  to  be 
granted  bv  county  court  without  consent  of  municipal  authorities. 

iVY.Ya.   VIII   24.) 

Prohibition 

Traffic   in    Indian    country    or    with    Indians,    Sec   above,    this    titlr. 


Indian  Restrictions. 


State  Constitutions 


LIQUORS   [Cont'd) 

Prohibition    [Cont'd) 

Nothing  in  constitution  to  affect  rights  of  legislature  to  enact  local 
laws  prohibiting  liquor  traffic,  after  notice  as  provided  in  constitu- 
tion.     (Ala.  IV   104.) 
Intoxicating    liquor   not   to   be   manufactured    in   or   introduced   into 
state  under  any   pretense.     Every  person  who  sells,  exchanges, 
ea,  barters  or  disposes  it  to  any  person  in  state  or  who  manu- 
factures   or    introduces    it    into    or    attempts    to    introduce    it    into 
ite   to  be  guilty  of   misdemeanor  and  on  conviction,   imprisoned 
not  less  than   10  days  or  more  than  two  years  and  fined  not  less 
than  $25  and  costs,  nor  more  than  $300  and  costs  for  each  offense. 

(Ariz.   XXIII    (1914).) 

Manufacture  and  sale  of  intoxicating  liquors  prohibited  in  state  ex- 

cept    for    medicinal,    scientific    and    mechanical    purposes.      (Kan. 

XV    10.) 
Manufacture   of   intoxicating   liquors,   not   including   cider,   and   sale 
and    keeping   for   sale  of  intoxicating   liquors,   prohibited.      Except 
sale   and    keeping  for   sale  of  such   liquors   for   medicinal    and   me- 
chanical  purposes  and  the  arts,  and   sale  and  keeping  for  sale  of 
cider  may  be  permitted  under  such  regulations  as  legislature  may 
provide.      Legislature   to    enact    laws    with    suitable    penalties    for 
suppression   of   manufacture,   sale  and   keeping  for   sale  of  intoxi- 
cating liquors,  with  exceptions  herein  specified.      (Me.  Amend.  26.) 
Manufacture  and  importation  for  sale  or  gift  and  keeping,  selling  or 
offering   intoxicating   liquors   for   sale  or   gift,   barter   or   trade   as 
beverage   prohibited.     Legislature  to  enforce  and   provide  suitable 
penalties  for  violation.      (N.D.  XX  217.) 
No    law   hereafter    to    be   passed    prohibiting   the    sale,    furnishing   or 
giving  away  of  intoxicating  liquors  throughout  the  state  at  large. 

(Ohio  XV  9a.) 
After  January  1,  1910.  no  intoxicating  liquors  to  be  manufactured 
or  sold  in  state  except  for  medicinal  purposes  on  prescription  of 
license]  physician,  or  for  scientific,  sacramental  or  mechanical 
purposes.  This  provision  to  be  self-executing,  and  provision  of 
constitution  and  laws,  and  charters  and  ordinances  of  cities,  towns 
and  municipalities  in  conflict  therewith  are  repealed.      (Ore.  I  36 

(1914).) 
islature  may  prohibit  manufacture,  sale  and  retail  of  alcoholic 
liquor-  and  beverages.  (S.C.  VIII  11.) 
After  July  1.  191  1.  manufacture,  sale  and  keeping  for  sale  of  malt, 
vinous  or  spirituous  liquors  is  prohibited  except  that  manufacture, 
sale  and  keeping  for  sale  of  such  liquor  for  medicinal,  pharmaceu- 
tical, mechanical,  sacramental  and  scientific  purposes  may  be  per- 
mitted under  regulations  prescribed  by  law.     Legislature  to  enact 

laws   witl i   delay  carrying  into  effect  these  provisions.      (W.Va. 

VI  46    (1912).) 
■■  i  tOW    OF    Tkwi  [( 
Nothing  in  constitution   to  affect  rights  of  legislature  to  enact  local 
la  ■  lating  liquor  traffic,  after  notice  as  provided  in  constitu- 

tion.     (Ala.  IV  104.) 


Indkx  Digest  !»77 


LIQUORS   (Cont'd) 

Regulation  of  Traffic    (Cont'd) 

Regulation  of  sale  of  alcoholic  or  spirituous  liquors  declared  a  police 
regulation  and  legislature  may  enact  laws  regulating  sale,  and  use. 

I  La.  181.) 
License    to    traffic    in    intoxicating   liquors   to    be   granted    in    state; 
license  laws  operative  throughout  state  to  be  passed   with   restric 
tions  and  regulations.     Details  as  to  licensee  and  interest  of  others 

in  license.  (Ohio  X  V  9.  | 
Legislature  may  license  persons  or  corporations  to  manufacture,  sell 
and  retail  them  in  state  under  rules  and  restrict  inn-  prescribed 
by  law;  or  prohibit  manufacture  and  sale  and  retail  of  them  in 
state  and  authorize  state,  county  and  municipal  officers,  under 
authority  and  in  name  of  state,  to  buy  in  any  market  and  retail, 
in  state,  liquors  and  beverages  in  such  packages  ami  -quant  it  ies 
and  under  such  rules  and  regulations  as  it  deems  expedient;  but 
no  license  to  be  granted  to  sell  alcoholic  beverages  in  less  quan- 
tities than  one-half  pint,  or  between  sundown  and  sunrise,  or  to 
be  drunk  on  premises.  (Legislature  may  not  delegate  to  munici- 
pal corporations  powers  to  issue  license  (VIII  11).)  Net  income 
derived  by  state  from  sale  or  license  (not  including  part  allowed 
by  law  to  go  to  counties  and  municipal  corporations  of  state)  to 
be  applied  annually  in  aid  of  school  supplementary  taxes,  and.  if 
surplus,  to  be  devoted  to  public  school  purposes  and  apportioned 
as  legislature  may  determine;  but  supplementary  taxes  only  to  be 
levied  when  net  income  from  sale  or  license  not  sufficient  to  meet 
and  equalize  deficiencies  for  which  supplementary  taxes  are  pro- 
vided (XI  12).  (S.C.  VIII  11.  XI  12.) 
Legislature  may  enact  dispensary  laws  or  laws  controlling,  regu- 
lating, manufacture  or  sale  of  intoxicating  liquors.  (Va.  IV  62.) 
Sacramental  Purposes 

See  also  above,  this  title,  Prohibition. 
See  also  above,  this  title.  Local  Option. 

Use  of  wine  solely  for  sacramental  purposes  under  church  author itv 

not  to  be  prohibited.     (KM.  XX  13.) 
LIVE  STOCK,  See  Agriculture. 

LOBBYING,  See  Legislature. 

LOCAL  LAWS,  See  Special  or  Local  Laws. 

LOCAL  OPTION,  See  Liquors. 

LOTTERIES 

Prohibited.      (Fla.  Ill  23.) 

Hereafter    prohibited    except     those     already    authorized     by    legislature. 

(R.I.   IV    12.1 
Not  to  be  authorized;    sale  of  lottery   tickets   not  to   be  allowed.      (Ind. 

XV  s.i 
Not  to  be  authorized  by  state  and  sale  of  lottery  tickets  not  to  be  allowed. 

(Ark.  XIX  14;  Iowa  111  28;  Nev.  IV  24.) 
Lotteries  and  sale  of  lottery  tickets  prohibited.      (Kan.  XV  3;   La.   178; 

Ohio  XV  6.) 


State  Constitutions 


LOTTERIES   [Cont'd) 

legislature  to  enforce  by  appropriate  legislation.      (Del.   II    1/; 

3,       11   4;   X.Y.  I  9;  Ore.  XV  4.) 
I  otterj    mail  not  to  be  authorized  by  legislature.      (Md.  Ill  36.) 
islature  not  to  authorize.     (Wash.  II  24;   Wis.  IV  24.) 
.Hature  not  to  authorize  lottery  or  sale  of   lottery  tickets.      (Mich. 

V  33;  Minn.  IV  31.) 
Legislature  not  to  have  power  to  authorize  lotteries  for  any  purpose  and 
laws  to   prohibit   sale   of   lottery   tickets   in  state.      (Tenn. 

XI  5.) 

Legislature  to   have  no   power   to  authorize  lotteries  or  gift   enterprises 

and  shall  pass  laws  to  prohibit  sale  of  lottery  or  gift  enterprise  tickets 

in  the  state.      (Cal.  IV  26;   Colo.  XVIII  2;  111.  IV  27;  Mont.  XIX  2; 

N.D.  Amend.  I;  W.Va.  VI  36.) 
Legislature  not  to   authorize   lottery   or  gift   enterprise   under   any   pre- 
tense or  for  any  purpose.      (Ida.  Ill  20.) 
Same;  adds  "  game  of  chance".     (Nebr.  Ill  21;  S.D.  III  25;  Utah  VI  28.) 
No  lottery  to  be  authorized  by  legislature  or  otherwise  in  state,  and  no 
ticket  in   lottery  to  be  bought  or   sold  within   state.      (N.J.   IV  Sec. 

VII  2.) 

No  lottery  to  be  allowed  or  to  be  advertised  by  newspapers  or  otherwise, 
or  tickets  sold  in  state,  and  legislature  to  provide  for  enforcement  of 
this  provision.  Lottery  heretofore  authorized  not  to  be  permitted  to  be 
drawn  or  its  tickets  sold.  (Miss.  IV  98.) 
Not  to  be  allowed,  advertised,  or  tickets  sold  in  state,  and  legislature  to 
provide    at    next    session    for    enforcement    of    this    provision.       (S.C. 

XVII  7.) 
Not  to  be  hereafter  authorized  by  law,  and  buying,  selling  or  transferring 

of  tickets  or  chances  in 'any  lottery  prohibited.      (Va.  IV  60.) 
Legislature  to  pass  laws  prohibiting  establishment  of  lotteries   and  gift 
enterprises  in  this  state,  as  well   as  sale  of  tickets  in  lotteries,  gift 
enterprises  or  other  evasions  involving  lottery  principle,  established  or 
existing  in  other  states.     (Tex.  Ill  47.) 
Lotteries  and  gift  enterprises  are  forbidden,  and  no  privileges   shall  be 
1  for  such  purposes,  and  none  shall  be  exercised,  and  no  schemes 
for  similar  purposes  shall  be  allowed.     Legislature  to  enforce  this  sec- 
tion by   proper   penalties.     All  lotteries,  privileges  or   charters  hereto- 
fore  granted  arc  revoked.     (Ky.  226.) 

ire  to  have  no  power  to  authorize  lotteries  or  gift  enterprises  for 
any   purpose,   and  shall   pass  laws  to  prohibit  sale  of  lottery  or  gift 
rprise  tickets  or  tickets  in  scheme  in  nature  of  lottery  in  state;  all 
-   or   parts  of  acts  heretofore  passed  by  legislature  authorizing  lot- 
tery   or    lotteries,   and   all   acts   amendatory    or    supplemental    avoided. 

(Ala.  IV  65;  Mo.  XIV  10.) 
LYNCHING 

If  prisoner  taken  from  jail  or  from  custody  of  sheriff  or  deputy  and  put 

tu  death,  or  Buffers  grievous  bodily  harm  owing  to  neglect,  connivance, 

rardice   or   other   grave   fault  of  sheriff,   sheriff  may  be   impeached. 

(Ala.  V  138.) 

If    prisoner    taken    from   state,   county   or   municipal   officer   through   his 

negligence,   permission  or  connivance,  by  mob,  and  suffers  bodily  vio- 


Index   Digest  979 


LYNCHING   (Cont'd) 

ence  or  death,  officer  to  be  deemed  guilty  of  misdemeanor  and  on  in- 
dictment to  be  deposed  from  office  pending  trial,  and  on  conviction 
shall  forfeit  office,  and,  unless  pardoned  by  governor,  be  ineligible  to 
hold  office  of  trust  or  profit  in  .state.  Trial  to  be  in  Bucb  county  in 
same  circuit  (other  than  one  in  which  offense  committed)  as  attornej 
general  may  elect.  Fees  and  mileage  of  witnesses  to  be  paid  l.\  state 
treasurer  in  manner  prescribed  by  law.  If  death  ensues  county  u 
lynching  takes  place  shall  be  liable  in  exemplary  damages  of  no!  less 
.  than  $2,000  to  legal  representatives,  but  may  recover  amount  of  judg- 
ment from  parties  engaged  in  lynching.      (S.C.  VI  6.) 

MAGISTRATES,  See  Courts. 

MANUFACTURE 

For  provisions  relating  to  industry,  See  Industry. 

Labor,  See  Labor. 

Monopolies  or  trusts  in,  See  Monopolies  and  Trusts. 

Taxation,    See  Taxation  — ■  Exemptions  —  Manufacturing. 

Secretary  of  internal  affairs  to  discharge  such  duties  relating  to  manu- 
facturing interests  of  state  as  may  be  prescribed  by  law.      (Pa.   tV   19.) 

Special,  private  and  local  laws  regulating,  prohibited.  ( Ky.  .">!i ;  Mo. 
IV  53;   Pa.  Ill  7;  Tex.  Ill  56;  Va.  IV  63.) 

Legislature  to  pass  such  laws  as  will  foster  and  aid  agricultural,  mining 
and  manufacturing  interests  of  state  and  may  create  bureau  to  be 
known  as  the  mining,  manufacturing  and  agricultural    bureau.      (Ark. 

X   1. 

Legislature  shall  provide  by  general  law  for  incorporating  such  mechan- 
ical companies  or  associations  as  deemed  necessary.      (Fla,   111   25.) 

Legislature  may  not  incorporate  or  amend  or  extend  charter  of  manu- 
facturing corporation  by  local  or   special   law  if  not  under   control   of 

state.      (>S.C.   Ill   34.1 

Manufacturing  corporations  may  carry  manufactures  on  their  own  rail- 
roads or  canals  not  exceeding  50  miles  long.      (Pa.   XVII   5 

MARRIAGE 

Divorce,  See  Divorce. 

Polygamy,  See  Polygamy. 

Legislature  never  to  pass  laws  authorizing  or  legalizing  marriage  be- 
tween whites  and  negroes,  or  descendants  of  negroes.      (Ala.    [V    ll 

Of  white  person  with  negr ■  miilaii ■  person  who  has  one-eighth  or 

more  negro  blood  to  be  void.      (Miss.   XIV  263;  S.C.  Ml  33.) 

Between  white  person  and  negro,  or  person  or'  negro  desceni  to  third  gen- 
eration inclusive,  prohibited.      (N.C.   XIV  8.) 

Of  white  persons  with  negroes,  mulattoes  or  persons  of  mixed  blood, 
descended  from  a  negro  to  third  generation,  inclusive,  or  their  living 
together  as  man  and  wife  in  this  state  prohibited.  (Legislature  to  en- 
force this  provision.)      (Tenn.  XI  14.) 

Of  wliite  person  and  negro  or  person  of  negro  descenl  to  fourth  genera- 
tion,  inclusive,   prohibited.      (Fla.   XVI    24.) 

No  contract  of  marriage,  if  otherwise  duly  made,  to  be  invalidated  for 
want  of  conformity  to  requirements  of  any  religious  Beet.      (Cal    X  X  7.  i 


State  Const  hit  ions 


MARRIAGE    [Cont'd)  ' 

Can**  of  marriage  to  be  heard  and  tried  by  superior  court  until  legisla- 
ture makes  other  provisions  by  law.      (N.H.  II  75.) 
Causes  of  marriage  to  be  heard  and  determined  by  governor  and  council 
until  legislature  provides  otherwise.      (Mass.  Pt.  II  Ch.  Ill  5.) 

MARTIAL  LAW 

Subordination  of  military  to  civil   power,  See  Military  Power,  SUBORDI- 
NATION   OF. 

Governor  may  use  and  exercise  over  army  and  navy,  and  over  militia  in 
actual  service,  martial  law.  in  time  of  war  or  invasion,  and  also  in 
time  of  rebellion,  declared  by  legislature  to  exist,  as  occasion  shall 
necessarily  require.  (Mass.  Pt.  II  Ch.  II  Sec.  I  7;  N.H.  II  50.) 
Martial  la\(  in  sense  of  unrestricted  power  of  military  officers,  or  others, 
to  dispose  of  persons,  liberties  or  property  of  citizens,  is  inconsistent 
with  principles  of  free  government  and  is  not  confided  to  any  depart- 
ment of  the  state  government.  (Telin.  I  25.) 
Shall    he    uscl    and    exercised   only    as   occasion    shall    necessarily   require. 

(R.I.   I    18.) 

No    person    in    state   can    he    subjected    to    or    punishable   by   martial   law 

except    those   employed    in    army,   and   militia    in   actual   service.      (Vt. 

I   17.) 

NO  citizen  of  state  punishable  under  martial  or  military  law  except  those 

employed   in   United   States  army,  or  militia  in  actual  service.      (Tenn. 

I  25.) 

No   person   ought  to  be   subject   to  or   punishable  by  martial   law  except 

regular   soldiers,   marines  and   mariners   in   service  of  state,  or  militia 

when    in    actual    service.      (Md.   D.R.   32.) 

No   person  can   be  subject   to  or  punishable  by  martial   law  except  those 

employed    in    army    and    navy,    and    militia    in    actual    service,    but   by 

authority    of    legislature.      (Mass.   Pt.   I    28;    N.H.   I   34;    S.C.   I   27.) 

No    citizen    -hall    be    tried    or    punished    by    any    military    court    for    any 

offense  cognizable   by  civil   courts  of  state,   unless  engaged  in  military 

service  of  the  state.      (W.Va.  Ill  12.) 
No    person    -hall    he    subject    to   corporal    punishment   under   military   law 
except    those    in    army    or    navy,   or    in    militia   when    in   actual   service 
iihc  o    war  or  public  danger.      (Me.  I  14.) 

MASTERS   IN   CHANCERY,   See   (  Iourts  —  Chancery  Courts. 

MATERIAL   MEN'S  LIENS,  See   Liens. 

MEASURES,  Set    Inspection. 

MECHANICS*  LIENS,  See  Labor. 

MILITARY   POWER,   SUBORDINATION   OF 

To  I"-  subordinate  to  civil  power.  (Ala.  I  27;  Ark.  II  27;  Ariz.  II  20; 
Cal.  I  12;  Colo.  II  22;  Conn.  1  L8;  Del.  I  17;  Fla.  D.R.  21;  Ga.  I 
I  19;  Ida.  1  12;  111.  II  15;  hid.  I  33;  Iowa  I  14;  Kan.  B.R.  4; 
Ky.  22;  l.a.  II.  173;  Me.  I  17:  Mich.  II  6;  Minn.  I  14;  Miss.  Ill  9; 
M"  I'  27;  Mont.  Ill  22;  Nebr.  I  17;  Nev.  I  11;  N.J.  I  12;  N.M. 
H    ''■    x  0.    I    12;    Ohio    I    \:   Okla.   II   14;   Ore.   I  27;   Pa.   I  22;   R.I. 


Index  Digest  981 


MILITARY  POWER,  SUBORDINATION   OF    (Cont'd) 

I   18;   S.D.  VI    16;    Tenn.   I  24;    Tex.    1    24;    Utah    I  20;    Wash.  I   18; 
W.Va.   Ill    12;    Wis.    I   20;    Wyp.    I    25.) 
To  be  held  in  subordination   to  civil  power,  and  governed  by  it.     (Mass. 

Pt.   I    17;  S.C.  I  2G.) 
Ought  to  be   under  strict    subordination   to,  and   control   of,  civil    power. 
(Md.  D.R.  30;  N.H.  I  26;  NX.  I  24;  Vt.  I  16;   Va.   I    13.) 

MILITARY  RECORDS,  BANNERS  AND  RELICS 
Sec  also  History. 

Legislature  to  provide  for  safe-keeping  of  military  records,  banners  and 

relics  of  state.     (Ala.  XV  277;  Colo.  XVII  4;  Ida.  XIV  4;   III.  XII  5; 

Ky.  223;  Mo.  X11I  7;   Mont.  XIV  4;   S.J).  XV  6.) 

To  be   preserved,  except  when   in   lawful   use.   in   adjutant-general's  office. 

MILITIA  (Id..XIV4,S.D.XV6.) 

Active  Militia,  See  below,  /his  tith ,  <  Ikcamzkd  Militia. 

ADJ  UTANJ-GjEM  EBAL 

Appointed  by  governor.  ( Ind.  XII  2;  Ky.  222;  Me.  Amend. 
XXVIII;  Mass.  Pt.  II  Ch.  II  Sec.  I  10;  Mo.  XIII  6;  Ohio  IX  3; 

Ore.  X  3;  Tenn.  VIII  2.) 

Appointed  by  governor;  chief  officer  of  governor's  stall',  with  rank 
of  major-general;  duties  and  compensation  prescribed  by  law; 
present  adjutant-general's  term  not  affected.      I  I'la.   IV   16.) 

Appointed  by  governor  with  advice  and  consent  of  senate;  holds 
office  until  successor  qualified  or  until  he  is  removed  by  sentence 
of  court  martial;  perforins  such  duties  and  receives  such  com- 
pensation or  emoluments  as  prescribed  by  law;  discharges  duties 
at  seat  of  government  unless  absent   under  orders,  on  duty.      (Md. 

IX    2.) 

Appointed  by  governor  and  appointment  expires  with  governor's  term 

of  office.      (Miss.  IX  219.) 

"Adjutant-  and  inspector-general  "  to  be  elected  by  qualified  voters 
of  state  at  same  time  and  in  same  manner  as  other  state  officers, 
for  term  of  two  years  and  until  successor  qualified;  to  rank  as 
brigadier-general  and  duties  and  compensation  to  lie  prescribed  by 
law;  compensation  not  to  be  increased  or  decreased  during  period 
for   which   elected.      (S.C.    IV   24.   XIII   4.) 

Ineligible  to  office  o:  justice  of  highest  court  or  of  inferior  courts, 
county  attorney,  attorney-general,  treasurer,  district  attorneys, 
judge  of  probate,  register  of  probate,  register  of  deeds,  sheriff  or 
deputy,  clerk  of  judicial  court,  member  of  legislature.    (Me.  IX  2.) 

Legislature   to   provide   by   law   salary   commensurate   with   duties  of 

office.      <Miss.  IX  219.) 

Performs  duties  of  quartermaster-general  until  otherwise  directed  by 

law.      (Me.  VII  :;.  Amend.  XXVIII.) 
Admiral  of  Xavy 

Governor  to  be  commander-in-chief  of  navy  and  of  military  forces  of 
state,  by  sea  and  land,  and  to  instruct  and  govern  same,  by  himself 
or  officers,  and  entrusted  with  all  powers  incident  to  office  of  ad- 
miral, to  be  exercised  only  according  to  constitution  and  laws  of 
land.     (Mass.  Pt.  II  Ch.  II  See.  I  7 ;  X.I  I.  II  50.) 


9g2  State  Constitutions 


MILITIA    [Cont'd) 

AIDES-DE-CAMP 

„.  or  0f  a  particular  officer,  See  throughout  this  title. 

^RMG     \  a   «    «*,    SaEE-KEEPING    OF 

slature  to  provide  for  safe-keeping  of  public  arms.     (Colo.  XVII 
,:   K.v.  223;   Mo.  Mil  7;   Mont.  XIV  4:  Nebr.  XII  1.) 
adds  -  ammunition  ".     (Ala.   XV  277.) 

adds   "protectiqn".      (Ohio    IX    5;    Wash.   X  4.) 

Legislature    may    provide    for    safe-keeping    of    public    arms.      (Fla. 

XIV   2.) 

ARREST;    PRIYILEGI     PROM 

During  attendance  on   musters,  and   in  going  to  and  returning  from 
_,,,,,.    exCep1    for    treason,    felony   or   breach   of   peace.      (Miss.   IX 

220. ) 

,.:   adds  "elections",      (ill.   XII  4;   S.D.  XV  5.) 
Same;   adds  "elections  of  officers".      (Ark.  XI  3;  Wash.  X  5.) 
Sami  :    adds  "  parades  and  elections".      (X.D.  XIII   193.) 
Same;     extends    also    to    *  volunteer    forces"     and    adds    "parades 

and    elections";      (Ala.    XV    275;    Mo.    XIII    5.) 
Militia    and    volunteer    forces,   except    for    treason,    felony   or   breach 
of    peace,   exempt    from    arrest    by   warrant  or   other   process  while 
in  active  9ervice  or  while  attending  muster  or  election  of  officers 
or    while    going    to    or    returning    from    either    of    same.      (S.C. 

XIII    2.) 

Battalions 

Commanding    officers    of    battalions   appoint   their   own    staffs.      (Me. 

VII  3;    Ohio  IX  3.) 
Same;   adds  "as  may  be  provided  by  law".      (Ala.  XV  276.) 
Same;   except   reads  "staff  officers".      (Ky.  222;   Ore.  X  IV.) 
(  ommanding  officers  of  "  independent  battalions"  appoint  their  own 

staffs.      (N.J.  VII  Sec.  I  10.) 
Field  officers  of  independent  battalions  elected  by  commissioned  officers 

of   their   battalions,      i  N'.J.  VII   Sec.   I   3.) 
Militia    officers   elected    by    persons   subject  to   military   duty   within 
bounds    of    their    several    battalions,    etc.,    as    legislature   may   pre- 
scribe.     (Tenn.  VIII  1.) 
Billeting,  Sei    Soldiers  and  Sailors. 
Brig  um  - 

Militia    officers    elected    by    persons    subject    to    military   duty   within 
bound.-    .if    their    several    brigades,    etc.,    as    legislature    may    pre- 
scribe.     (Tenn.  VIII   1.) 
Inspectors    of    brigades    chosen    by    field    officers    of    their    brigades. 

(N.J.  VII  Sec.  I  7.) 

BRIGADU  B-G]  xi. i;  w.s 

Appointed    by    governor    with    advice    and    consent   of   senate.      (Mo. 

XIII  6.) 

One  appointed  and  commissioned  by  governor,  with  consent  of  senate, 

i"i    each    &  ional    district;    to   be   a   resident   of   district   for 

which  appointed.      (Miss.  IX  218.) 


Index  Digest  983 


MILITIA    (Cont'd) 

Brigadier-Generals    ( Cont'd ) 

Four  appointed    by   governor,   to   rank   according   to  date  of  commie 

aion.     i  Pla.  X  I  \   3.) 
Elected  by   two   houses  of   legislature,  in  joinl    assembly    (with   pre- 
siding officer  of  senate   presiding  and  voting   in  case  of  tie)    "as 
often  as  there  shall  be  occasion".      (Vt.   II    12,    13.) 
Elected  by  persons  subject    to  military  duly   in   their  respective  dis- 
tricts.    (Ohio  IX  2.) 
Elected  by  field  officers  of  their  brigades.      (N.J.  VII   Sec   |  4.) 
Same;  adds  "in  manner  to  be  prescribed  by  law".      (Me.  VII    I.  2.) 
Elected  by  held  officers  of  their  brigades;  commissioned  by  governor 

who- determines  rank.     (Mass.  Pt.  II  Ch.  II  See.  I   10.) 
"Adjutant-    and     inspector-general"    to    rank    as    brigadier-general. 

5.C.  XIII    l.i 

Vacancies    caused    by    aeglecl    or    refusal    to    elect    may    he    tilled    bj 

governor,  after  due  notification,  according  to  law.      (Me.  VII    I.  l'.  i 

Same;   by  governor  "with  advice  of  council".      (Mass.   Pt.   II   ch.   II 

Sec.  I  in. i 
Appoint  their  brigade-majors.     (Mass.  Pt.  II  Ch.  II  Sec.  I    10  j   Nil. 

II    53.) 
Appoint  their  own   staffs.      ( Ky.   222:    Ohio   IX    3.) 
Same;    except   reads   "staff  officers".      (Me.    VII    :» :    X..I.    VII   Sec.   I 

Hi-.  Ore.  X  4.) 
Same;    adds  "as  may  he  provided   by  law".      (Ala.   XV  276.) 

Calling  Out 

Governor  may  call  out  militia  to  execute  law-,  suppress  insurrection 
and  repel  invasion.  (Ala.  V  131;  Cal.  VIII  1:  Ida.  IV  t:  111.  V 
14;  Ind.  V  12;  Kan.  VIII  4:  Md.  II  8;  Mich.  VI  I;  Minn.  V  4: 
Mo.  V  7;  Xebr.  V  14;  Nev.  XII  2;  X.I).  Ill  75;  Ohio  IX  :. : 
Ore.  V  9;  S.D.  IV  4;  Utah  VII  4;  Wash.  X  2;  W.Va.  VII  12;  Wyo. 

I\     I. 
Same;   except  reads  "embody"  militia.      (Va.  V  73.) 
Same;     except    reads    "whole    or    any    part"    of    militia.       (Mont. 

\  II    ti.) 
Same;  adds  to  "suppress  riots".    (Miss.  IX  217:   X.C.  XII  3.) 
Same;   adds  "to  preserve  the  public  peace".      (Fla.   XIV    l:    \..\l.  V 

4;  Wyo.  XVII  5.) 
Same;   adds  "to  protect  the  public  health".      (Okla.  VI  0.) 
Same;    adds   "to  protect   the   frontier  from  hostile   incursion-   h\     In 

dians  or  other  predatory  bands  ".      (Tex.  IV  7.) 
Governor  may  call   out    volunteer  and   militia   forces,  either  or  both. 
to  execute  laws,  repel  invasion,  suppress  insurrection  and  preserve 

public  peace.      (S.C.   XIII  3.) 
Governor   may.   when    legislature   not   in   session,  call   out    volunteers 
or  militia,  or  both,  to  execute  laws,  repel  invasion,  repress  insur- 
rection and    preserve   public  peace,  in  such   manner  as  authorized 

1,\    law.      i  Ark.   XI  4.) 
Governor  may  call  militia   into  active  service  for  preservation  of  law 
and  order  or  when   public  service  requires  it.      (La.  301.) 


State  Constitutions 


MILITIA   [Cont'd) 

I  u  1.1M,  in  i    |  Cont'd) 

Powers  of  governor  to  assemble  inhabitants  for  offense  and  defense 

declared  generally.     ( Mass.  Pt.  II  Ch.  II  Sec.  I  7;  N.H.  II  50.) 
!.,„,  KCept  in  ease  of  rebellion  or  invasion  and  then  only  when 

legislature    shall    declare    by    law    that    public    safety    requires    it. 

(Tenn.   Ill  5.) 

Governor  need   not   command   in    person   unless  directed  to  do  so  by 

legislature.      (Ala.  V  131.) 
.  \imm\-.  Sei    below,  this  title,  Companies. 
I  oloni  i  s,  Set    below,  this  title,  Regiments. 

Cdmmandeb-in-<  mil'.  See  below,  this  title,  Governor  as  Commander-in- 
Chief. 

Commissioned  Officers,  See  below,  this  title,  Officers. 

;  M  rSS  \i:l    I  rENERAL 

Appointed   bj    governor.      (Ind.  XII   2.) 

i  bosen   bj    joint   ballot  of  members  of  two  houses,  assembled  in  one 

room.      (N.H.  II  66.) 

When    exigencies    may    require    appointment   of    commissary-general, 

legislature  shall   prescribe  manner  o/  his  nomination,  appointment 

and   commission.      (Mass.   Amend.   IV.) 

Ineligible  to  office  of  governor  or   to  seat  in  senate,  lower  house  or 

council;   appointment   as  commissary-general  vacates  same.      (N.H. 

II  94.) 

Musi    account   once  every   three  months,  without  requisition    (and  at 

other  times  if  required  by  governor)   for  all  goods,  stores  and  other 

public    property    under    his   care,   distinguishing  quantity,   number, 

quality  and  kind.     (Mass.  Pt.  II  Ch.  II  Sec.  I  12.) 

Sane-;   but   mentions  only  "quantity  and  kind".      (N.H.  II  56.) 

<  OMPAN  ii  - 

Company   officers  commissioned   by  governor.      (Colo.  XVII  3;   Mass. 

Pt.   II   Ch.   II   Sec.  I  10;  N.H.  II  47.) 
Captains   and    subalterns    in    regiments  nominated   and   recommended 
bj   field  offici  rs  to  governor  who  is  to  issue  commission  immediately 
"ii  receipl  of  recommendation,  hut  not  to  be  nominated  and  recom- 
mended   until    found    qualified    by   examining   board   appointed   by 

governor.      (N.H.  II  47.) 

1  aptains   and    subalterns   elected    by   written  votes  of  trainband  and 

alarm    list  of  their  companies,  all  members  under  2d  years  of  age 

also  having  right  to  vote.     (Mass.  Pt.  II  Ch.  II  Sec.  I  10,  Amend. 

V.) 

<  aptains  and  Bubalterns  elected  by  written  votes  of  members  of  their 

companies    in    manner   to   be   prescribed   by   legislature.      (Me.   VII 

1,2.) 
Captains  and   Bubalterns  elected   by   persons  subject  to  military  duty 

in  their  respective  districts.     (Ohio  IX  2.) 
Captains  and  other  company  officers  (subalterns)  elected  by  members 

"'   their  c panies.      (Ala.   XV  273;  Colo.  XVII  3;  N.J.  VII  Sec. 

12;   Vt.  II  55.) 


I.ndkx  Digest  h*;, 


MILITIA   (Cont'd) 

Companies   ( Con t'd ) 

Company  officers  not  elected  by  company  within  time  prescribed  by 
law  may  be  appointed  by  governor.     (Ala.  XV  273;  Colo.  XVII  3.) 
Same;   adds  after  notification   according  to  law.      (Me.   VII    I,  2.) 
Same;  adds  after  due  notification  according  to  law,  by  governor  with 

advice  of  council.     (Mass.  Pt.  II  Ch.  II  Sec.  I  10.) 
Same;   but  omits  mention  of  prescribed  time.      I  X.J.   XII   Sec.  I  7.) 
Same;  or  where  governor  has  ordered  an  election.      (Mo.   XIII   3.) 
Company  non-commissioned  officers  and  musicians  appointed  by  cap- 
tains.     (Ohio   IX   3.) 
Company  non-commissioned    officers   appointed    by   captains   and   sub- 
alterns.     (X.IT.  II  53.) 
Company  non-commissioned  officers  appointed  by  company  command- 
ing  officers,    subject    to    approval    of   regimental    or   battalion    com- 
manders.     (  Ky.  222.) 
Company  non-commissioned  officers  elected  by  members  of  their  com- 
panies,     i  X.J.  VII  Sec.  I  2.) 
Captains    and    subalterns.   '*  nominate    and    recommend  "    field   officers 

of  their  regiments.      (Vt.  II  55.) 
Militia  officers  elected   by   persons   subject   to   military  duty   within 
bounds    of   their   several    companies,   etc.,   as   legislature   may   pre- 
scribe.    (Tenn.  VIII  1.) 
Legislature  to   empower  board   of   supervisors  of  each  county  to  aid 
in    supporting    company    or    companies    of    national    guard    within 
county,  as  may  be  prescribed  by  law.      (Miss.  IX  222.) 

CONSTITX'TIOX   OF   MlIJTIA 

Of  organized  militia,  See  below,   this  title.  Organized  Militia. 
All  white  male  citizens,   residents  of  state,  between  18  and  45,  shall 

be  enrolled   in   militia   and   perform   military   duty   as   prescribed 

by    law    not    incompatible    with    United    States    constitution    ami 

laws.      (Ohio   IX    1.) 
All  able-bodied  male  inhabitants  of  state,  between  IS  and  45,  except 

such  as  are  exempted  by  law.      (Utah   XV   1.) 
All   able-bodied   male  citizens  of   state,  between    18   and  45,   shall   be 

liable    to    military    duty    in    militia,    as    legislature   may    provide. 

(Miss.  IX  214.) 
All  able-bodied  male  citizens  of  state  between    18   and  45  and   those 

between  said  ages  who  have  declared  intention  to  become  citizens 

of  United   States,   residing  therein,   subject    to   exemptions   now  or 

hereafter  made  by  United  States  or  state  laws.      (Ariz.  XVI  1.) 
All   able-bodied   male  persons,  resident  of   state,   between   18  and    45. 

shall    be    enrolled    in    militia    and    perform    such    military    duty   as 

shall   be   required    by    law.      i  Ida.    XIV    1.) 
All   able-bodied   male   inhabitants   of   state,   between    is   and    45,   who 

are   citizens    of    United    States    or    have    declared    their    intentions. 

constitute  militia.     (Fla.  XIV  1.) 
Same;   except  substitutes  "liable  to  military   duty   in   the  militia". 

(Mo.  XIII  L.) 


-    atk   Coxsn ruTio?<> 


MILITIA     ' 

i  ion  of  Militia  (Cont'd) 
All    able-bodied    male   citizens   of   .state,   between    18   and   45,    except 
.  as  exempted  by  United  States  and  state  laws.      (Iowa  VI  1; 
Mich.   XV   1:    Mont.  XIV  1;  N.M.  XVIII  1;   Ore.  X  1;   S.C.  XIII 

1;   Wyo;  XVII   1.) 
Same;  adds  "residents  of  the  state".     (X.V.  XI  1.) 

i  tcepl   reads  thai  such  persons  are  "liable  to  military  duty". 

(Wash.  XL) 

All  able-bodied   male  persons,  residents  of  state,  between  18  and  45, 

excepi    such   as   exempted   by  United   States  or  state  laws.      (Ark. 

XI    1;    Colo.   XVII    1;    111.   XII   1;   Ky.   219;   N.D.  XIII   188;    S.D. 

XV  1.) 
Same-,    except    reads   "all   able-bodied   white  male   persons".      (Ind. 

XII  1.) 
Same;  excepl  age  limits.  21  to  45.  (Kan.  VIII  1.) 
All  able-bodied  male  citizens  of  state,  between  21  and  40,  who  are 
citizens  of  United  States,  liable  to  do  duty  in  militia;  but  legisla- 
ture  may  make  exemptions  deemed  necessary.  (N.G.  XII  1,  4.) 
As  to  exemptions,  See  also  below,  this  title,  Exemption  from  Service. 
All   male  citizens   of   state  subject  to   performance  of  military  duty 

within   such   ages  as   may  be  prescribed  by  law.      (Term.  IV   1.) 
Legislature   may   determine  who   shall   constitute  the   militia.      (Ala. 

XV  271;  Ga.  X  Sec.  I  1 ;  La.  298.) 
Same;    except    "shall"   determine  or  provide.      (Nebr.  XIII    1;    Wis. 

IV  29.) 
Freemen    of    state    to    be    armed,    organized    and    disciplined    for    its 

ense  when   and    in   manner   directed  by  law.      (Pa.  XI    1.) 
Inhabitants   of   state   to  be   trained  and  armed  for  its  defense  under 
such   regulations)   pursuant  to  United  States  Constitution,  as  Con- 
ess   and   legislature   may   direct.      (Vt.   II   55.) 
Militia   divided   into   sedentary   and   active   militia   in   manner   pre- 
scribed   by    law.      (Ind.    XII    5.) 
Organized    and    divided    into    such    land    and   naval,    and    active   and 
reserve  forces,  as  the  legislature  may  deem  proper.      (N.Y.  XI  3.) 
Legislature   may   provide   fur  enlistment  into  active  force  of  persons 
who   make   application    not   included   within   definition   of   militia. 

poral  Punishment  ' 

Permitted    under  military  law  only  in  army  or  navy,  or  in  militia 
when    in    actual    service    in    time   of   war   or   public   danger.      (Me. 

I   14.) 
ra  Mabtial,  See  below,  this  title,  Officers  —  Removal. 
Discipline,    s,,     below,     this     title.    Organization,    Equipment    and 
Divisions  Discipline. 

Each   congressional   district  to  constitute  a  militia  division    (polit- 
ical).     (Miss.  IX  218.) 
Ii;l    officers   elected    bj    persons   subject  to  military  duty  within 
their  several  divisions,  o\<-.,  as  legislature  may  prescribe. 

(Tenn.  VIII  1.) 


Indkx   Digest  98? 


MILITIA   (Cont'd) 
Elections 

Service  on  election  day,  See  Klections —  Privii.h.i  £  OF  Electors. 
Votes  during  war,  See  Elections — Dxjbing   War. 
Encouragement  of  Militia 

Legislature  to  provide  for  encouragement  of  volunteer  corps.      (Fla. 

XIV  2.) 
Same;  "effectual"  encouragement.     (New  XII  1.) 
Legislature  to  pass  such  laws  to  promote  volunteer  militia  organiza- 
tion as  may  afford  them  effectual  encouragement.      (Ida.  XIV  2; 

.\M.  IX  1.) 
Equipment,    See    below,     this     title,    Organization,    Equipment    and 

Discipline. 
Examining  Boards  for  Officers 

Governor   to   appoint   examining  board   to   pass   on   qualifications  of 
captains  and  subalterns  in   regiments.      (N.H.  II  47.) 
Exemption    from    Arrest,    See    above,    this    title,    Arrest,    Privilege 

from. 
Exemption  from  Service 

See  also  above,  this  title,  Constitution  of  Militia. 
Money  paid  for  exemption,  as  part  of  school  fund,  See  Education  - 

Funds. 
No  male  citizen  of  any  religious  creed  or  opinion  exempt  from  mili- 
tary  duty  except  upon   such  conditions  as   may   be   prescribed   by 

law.      (Fla.  XIV  1.) 

Quakers,    Shakers,    supreme   court   justices   and   ministers   of   gospel 

may  be  exempted  from  military  duty,  but  no  other  person  between 

18   and   45,   except   honorably   discharged   militia   officers,   shall   be 

so    exempted    unless    he    pay   an    equivalent    fixed    by    law.      (  Me. 

VII  5.) 
No  citizen  of  state   to  be  compelled  to  bear  arms,  provided   he  will 

pay  an  equivalent,  to  be  ascertained  by  law.      (Tenn.  I  28.) 
Persons  averse  to  bearing  arms,  from  religious  scruples,  exempt  from 

military  duty.      (X.C.  XII   1;    S.C.  XIII   1.) 
Legislature    to    pass    laws    exempting    citizens    belon^'im:    to    sect    or 
denomination   of   religion,   whose   tenets   known    to  oppose   bearing 
of    arms,    from    attending    private    and    general    musters.      (Tenn. 

\  III  3.) 

Citizens  of  any  religious  denomination  having  scruples  of  conscience 

averse  to  bearing  arms  exempted  upon  such  conditions  as  maj    be 

prescribed  by  law.      (Kan.   V1U    1;    .Midi.   XV    1.) 

Same;     except    omits    "of    any    religious    denomination".       (Wyo. 

XVII  1.) 
Legislature     may     exempt     from     military     service     persons     having 

conscientious    scruples   against    bearing   arms.      (  IV.    XI    1.) 
Same;  adds  "but  such  persons  shall  pay  equivalent  for  exemption"'. 

(Ky.    -220.) 


State  Constitution 


MILITIA     '      r.i- 

I'm  KFTiOfl  i  bom  si  i:\ii  e   (Cont'd) 

Persons  having  conscientious  scruples  against  bearing  arms  not  com- 
,...,,.,,  to  ,,„  militia  duty  in  time  of  peace,  but  shall  pay  an 
'    unai,.m    ,-„,.  8Uch  exemption.      .Colo.  XVII  5;  111.  XII  6;  Wash. 

X  6.) 

S:(ll,  .,,    omits    requirement    of   payment  of  equivalent.     (S.D. 

Sa] adds  "in  same  manner  as  other  citizens".      (Iowa  VI  1.) 

Same   as   to  exemption;    but    to   pay   into  school  fund  of  county  of 

sidenc luivalent    in    money;    amount   and    manner    to   be   pre- 

ribed   by   legislature.     (  Ida.  XIV   1.) 
Persons  whose  religious  tenets  or  conscientious  scruples  forbid  bear- 
ing  arms   exempt    in   time  of  peace,   but  to  pay  an  equivalent  for 
personal    service.     (N.D.    XIII    188;    Ore.    X   2.) 
Persons    who   conscientiously    scruple   to   bear   arms  not   to  be   com- 
pelled   t..    do    so    but    to    pay    an    equivalent   for    personal    service. 

(Tex.   XVI   47.) 
Same;    except    "religiously   scrupulous",   and   equivalent  to  be  pre- 
scribed by   law.      (Mo.   XIII    1.) 
V,    man    conscientiously    scrupulous   Oi    bearing   arms   can   justly   be 
compelled  thereto,  if  he  will  pay  equivalent.      (Vt,  I  9.) 
me;   -  qo  person  ".     (N.H.  I  13.) 
Persons  conscientiously  opposed  to  bearing  arms  not  compelled  to  do 
militia   duty  but    shall   pay  an   equivalent  for  such  exemption,   the 
amount   to  be  prescribed  by  law.      (Ind.  XII  6.) 
Legislature    may    exempt    from    military    service    those   belonging    to 
religious    societies    whose   tenets   forbid   bearing   arms,   but   money 
equivalent    for   service   shall   be  exacted.      (La.   300.) 
I  ill  n  I  >l  l  CCEBS 

Appointed  ami  commissioned  by  governor.      (Colo.  XVII  3.) 
Nominated    and    appointed    by    governor    and    at    least    majority    of 
council;    nomination    must  precede   appointment  by  at  least  three 

days.      (N.H.  II  45.) 
If  electors   neglect   or   refuse  to  make  elections  of  field  officers,  gov- 
ernor   maj    till   all   vacancies  thus  caused.      (N.J.  Vll'Sec.  I  7.) 
Pines,   [mpbisonment  for.  See  Imprisonmext  for  Debt. 
r  i  \(,s  nmi  r, n nkrs 

Preservation  of,  See  Military  Records,  Banners  and  Relics. 
Military  organiations  provided  for  by  constitution  or  laws,  and  re- 
eeiving  state  support,  while  under  arms,  either  for  ceremony  or 
duty,  to  carry  no  device,  banner  or  flag  of  any  state  or  nation  ex- 
cept  that  of  I  nited  States  or  this  state.  (Cal.  VII  2.) 
All  military  organizations  under  laws  of  state  to  carry  no  other 
device,  banner  or  flag  than  that  of  United  States  or  state.      (Ida. 

XIV  5.) 
Nfo  militarv   organization  under  laws  of  state  to  carry  any  banner  or 
flag  representing  any  sect  or  society  or  flag  of  any  nationality  but 
that  of  United  States.     (Wyo.  XVII  4.) 


Index  Digest  989 


MILITIA  (Cont'd) 

General  Declarations 

A  well  regulated  militia  necessary  to  security  of  a  free  state.      (La. 

8;  N.C.  I  24;  B.C.  I  26.) 
A    well    regulated    militia    essential    to    peace    and    security    of    the 

state.   (Ga.  X  Sec.   11.) 
A  well  regulated  militia,  the  proper,  natural  and  sure  defense  of  a 

state.    (X.ll.   I    24.) 
A  well   regulated  militia  the  proper   and  natural   defense   of  a  free 

government.     (Md.  D.R.  28.) 
A  well   regulated  militia  sure  and  certain  defense  of  a  free  people. 

(Tenn.   I  24.) 

A   well    regulated   militia,    composed   of   body   of   people,   trained   to 

arms,  is  the  proper,  natural  and  safe  defense  of  a  free  state.   (Va. 

I   13.) 
Every  member  of  society  has  right  to  be  protected  in  enjoyment  of 
life,  liberty  and  property  and  therefore  is  bound  to  yield  his  per- 
sonal service  wben  necessary  or  an  equivalent  thereto.      (Mass.  Pt. 

I  10;  N.H.  I  12;  Vt.  I  9.) 
General  Officers 

Appointed  by  governor,  with  advice  and  consent  of  senate,  for  term 

of  four  years.      (Ala.  XV  276.) 
Appointed  and  commissioned  by  governor.     (Colo.  XVII  3.) 
Nominated    and   appointed   by   governor   and   at   least  majority    of 
council;    nomination  must  precede  appointment  by  at  least  three 

days.     (N.H.  II  45.) 
Appoint  their   own   staffs,   as  may  be  provided   by   law.      (Ala.   XV 

276.) 
Brigadier-generals,  See  above,  this  title,  Brigadier-Generals. 
Major-generals,  See  above,  this  title,  Major-Generals. 
Governor  as  Commander-in-Chief 
Absence  from  State 

When  out  of  state,  with  consent  of  legislature,  in  time  of  war, 
at  head  of  military  force,  to  continue  commander-in-chief  of  all 
military  forces  of  state.      (Mont.  XIV  5;  Nev.  V  18;  N.V.   IV 

6;  Wis.  V  7.) 

When  out  of  state  at  head  of  a  state  military  force  to  continue 

commander-in-chief  of  all  the  military  forces  of  state      (Mich. 

VI  6.) 

Commanding  in  Person 

Need  not  command  militia  and  volunteer  forces  in  person,  when 
called    out,    unless    directed    to    do    so   by    legislature.       (Ala. 

V   131.) 
Need   not   command   militia   in   person,   when   called    out   unless 

directed  to  do  so  by  resolution  of  legislature.     (Mo.  V  7.) 
Not  to   command  militia  in   person   without   consent  of   legisla- 
ture.    (Md.  II  8.) 
Not  to  command  personally   in  field  unless  advised  to  do  so  by 
resolution  of  legislature.      (Ky.  75.) 


State  Constitutions 


MILITIA   (Cont'd) 

Governob   is  Commander-in-Chief  {Cont'd) 

Commanding  in  Person   (Cont'd) 

\,„   ,,,  command   in   person   in  time  of  war  or  insurrection,  un- 
less bv  advice  and  consent  of  senate,  and  no  longer  than  they 

approve.     (Vt.  II  20.) 

Exception  of  Federal  Service 

,.nu„.  n()t  to  be  commander-in-chief  (by  whatever  title 
known)  Of  state  forces  when  same  called  into  service  of  United 
State£  \ia.    V    L31;    Ariz.   V    3;    Conn.    IV   5;    Del.   Ill   8; 

Fla  iy  I-  111  V  14;  Kv.  75-.  Miss.  V  119,  IX  217;  Mo.  V 
7-  Mont.  VII  6;  Nebr.  V  14;  Nev.  V  5;  N.M.  V  4;  N.C.  Ill  8; 
N.D.  III  75;  Ohio  III  10;  Okla.  VI  6;  R.I.  VII  3;  Tenn. 
1115;  Utah  VII  4;  Wash.  Ill  8;  W.Va.  VII  12;  Wyo.  IV  4.) 
pt  reads  '•actual"  service  of  United  States.  (Ark. 
VI   6;   Colo.  IV  5;   Ida.  IV  4;   La.  73;   Me.  V  Pt.  I  7 ;   Mont. 

VII  6;  S.C.  IV  10;   Tex.  IV  7.) 
Same;   except  reads  "active"  service  of  United  States.     (Pa. 

IV  7.) 

Rank 

Legislature  to  lix  rank  of  governor  when  he  is  acting  in  federal 

service.      (Ala.  V  131.) 

Title 

Commander-in-chief  of  militia.     (Kan.  VIII  4;  La.  73;  Miss.  IX 
217;    Mo.   V   7:   Mont.  VII  6;   N.C.  XII   3;   Okla.  VI  6;   S.C. 

IV    10*. ) 

Commander-in-chief   of   military   forces   of   the   state.      (Ariz.   V 

3;    Colo.  IV  5;    Fla.   IV  4;    Ida.  IV  4;   Nev.  V  5;   N.M.  V  4; 

N.C.    Ill    8;    N.D.    111    75;    Tex.   IV    7;    Utah   VII    7;    W.Va. 

VII  12;  Wyo.  IV  4.) 
Same;   adds  "all"  the  military  forces.      (Wyo.  XVII  4.) 
(  ommander  in-chief  of  National   Guard   of  New  Mexico.    (N.M. 

xviii  i.) 

Commander-in-chief  of  "  military  in  the  state  ".     ( Wash.  Ill  8. ) 
i  ommander-in-chief  of  militia  and  volunteer  forces  of  the  state. 

('Ala.  V  131.) 

(  (iiiniiaiidei-iii-chief    of    militia,    army    and    navy    of    the    state. 

I     !     V    .V.    Del.   Ill   8;    Iowa  IV  7;   Ky.  75;   Me.  V  Pt.  I  7; 

Tenn.   Ill  5.) 

i  ommander  in-chief   of  military   and   naval   forces   of   the   state. 

I  \ik.  VI  fi;  111.  V  14;  Ind.  V  12;  Md.  II  S;  Mich.  VI  4;  Minn. 

V   I-.  Nebr.  V  It.  N.J.  V  0;  N.Y.  IV  4;  Ohio  III  10;  Ore.  V  9; 

S.D.   IV  4;    Wis.   V  4.) 

Ci aiider-in-chief  of  army  and  navy  of  state  and  of  militia. 

V  Sec.  I  11;  Miss.  V  119;  Pa.  TV  7.) 
Commander  in  chief  of  army  and  navy  and  of  all  military  forces 
of  state,  by  sea  or  land,  and  entrusted  with  all  powers  inci- 
dent to  offices  of  captain-general  and  commander-in-chief, 
and  admiral,  to  lie  exercised  only  according  to  constitution 
and  laws  of  land,     i  Mas-.  Pt.  11  Ch.  II  Sec.  I  7;  N.H.  II  50.) 


Index  Digest  991 


MILITIA   (Cont'd) 

Governor  as  Commander-in-Chief  (Condi  \ 
Title    (Cont'd) 

Commander-in-chief  of  the  land  and  naval  forces  of  Btate.      (Va. 

V  73.) 
Captain-general  and  commander-in-chief  of  military    and    naval 

forces  of  the  state.      (R.I.   VII   3.) 
Captain-general  and  commander-in-chief  of  the  forces  of  the  state. 

(Vt.    11    20.) 
Captain-general  of  the  militia.      (Conn.  IV  5.) 
Governor's  Staff 

Appointed  by  governor.      (Ky.   222;    Mo.   XIII   G;    Ore.    X    .'! ;    Tenn. 

VIII  2.) 
Same;   when  acting  in  federal  service.      (Ala.  V  131.) 
Appointed  by  governor  as  may  be  provided  by  law.     (Ala.  XV  276.) 
Staff    officers     (including    adjutant-general),    to    commander-in-chief, 
appointed  by  governor;   appointment  expires  with  governor's  tenn 

of  office.     (Miss.  IX  219.) 
Governor's  aides-de-camp  and  military  secretary  appointed  by  him, 
to   hold    office   during   his    pleasure,    their    commissions   to   expire 
with  term  for  which  he  was  elected.      (X.Y.  XI   4.) 
Chief  officer  of  governor's  staff  is  adjutant-general.      (Fla.  IV  16.) 
Home  for  Disabled  Militiamen 

Legislature  to  provide  home  for   members  of  militia  disabled   while 
in  line   of  duty   who  are  bona  fide  citizens  of   state    (and   for  cer- 
tain other  citizens).     (Wash.  X  3.) 
Inspector-General 

"  Adjutant  and  inspector-general  "  to  be  elected  by  qualified  voters 
of  state  at  same  time  and  in  same  manner  as  other  state  officers, 
for  term  of  two  years  and  until  successor  qualified;  to  rank  as 
brigadier-general  and  duties  and  compensation  to  be  prescribed 
by  law;  compensation  not  to  be  increased  or  decreased  during 
period  for  which  elected.  (S.C.  IV  24.  XIII  4.) 
Laws 

Legislature  to  pass  such  laws  to  promote  volunteer  militia  organ- 
ization as  may  afford  them  effectual  encouragement.      (Md.  IX   1.) 
Existing  militia  law  to  expire  at   end  of  next  session   of  legislature 

except  as  re-enacted  subject  to  constitution.  (Md.  IX  3.) 
Legislature  may  enact  laws  for  government  of  militia,  i  N.t  .  XII  4.) 
Change  of  existing  mode  of  election  and  appointment  of  officers  or 
non-commissioned  officers  requires  law  passed  bj  two-thirds  of 
members  present  in  each  house.  (Not  applicable  to  chiefs  of  staff 
departments,  aides-de-camp,  military  secretary  and  major-generals.) 

(X.Y.  XI  5.) 

Line  Officers 

Elected  by  persons   subject  to  military  duty   in   their   respective  dis- 
tricts.     (Ore.   X  3.) 
Governor  commissions  all   officers  of  the  line,  "  ranking   as   Buch  ". 

(Ohio  IN    i:  Ore.  N  5.) 


State  Constitutions 


MILITIA   (Cont'd) 

Main  11  NANCE,  (  toST  of 

Legislature  to   make  annual   appropriation   for  efficient   support  and 
maintenance  of  "Mississippi  national  guard",  but  no  part  of  such 
funds  to  lie  used  in  payment  of  guard  except  when  in  actual  serv- 
ice.    (Miss.  IX  221.) 
Legislature    to    make    sufficient    appropriations    for    maintenance    of 

militia.     (N.Y.  XI  3.) 
Legislature  to  provide  for  maintenance  of  militia.     (N.  M.  XVIII  2.) 
Same;   "organized  militia"  in  place  of  "militia".      (Ky.  220.) 
Same;   adds  "by  appropriations  from  the  state  treasury".      (Mont. 

XI  1,  XIV  3.) 

Major-Generals 

See  also  above,  this  title,  General  Officers. 

Appointed   by   governor   with    advice   and   consent   of    senate.      (Mo. 

Kill   6 ;    N.J.  VII  Sec.  I  5 ;  N.Y.  XI  4. ) 
One  appointed  and  commissioned  by  governor,  with  consent  of  sen- 
ate, for  the  state,  who  shall  be  a  citizen  of  state.     (Miss.  IX  218.) 
Two  appointed  by   governor,  to  rank  according  to  date  of   commis- 
sion.     (Fla.   XIV   3.) 
Elected   by   senate  and  lower  house,   each  having  a  negative  on  the 

other.     (Me.  VII  3;  Amend  XXVIII.) 
Same;    adds  "and  commissioned  by  the  governor".      (Mass.   Pt.   II 

Ch.  II  Sec.  I  10.) 
Elected  by  two  houses  of  legislature,   in  joint   assembly    (with   pre- 
siding officer  of  senate  presiding  and   voting  in  case  of  tie)    "as 
often  as  there  shall  be  occasion  ".      ( Vt.  II  42,  43. ) 
Elected  by  persons  subject  to  military  duty  in  their  respective  dis- 
tricts.     (Ohio   IX   2.) 
Adjutant-general  of  the  state  to  have  rank  of  major-general.      ( Fla. 

IV   16.) 
Appoint  their  staff  officers.      (Ky.  222;  Me.  VII  3,  Amend.  XXVIII; 

Ore.  X  4.) 
Same;    except   "staff"   for   "staff   officers".      (Ala.   XV   276;    Ohio 

IX  3.) 
Same;  except  "  aids  "  for  "  staff  officers  ".     (Mass.  Pt.  II  Ch.  II  Sec.  I 

10;   N.H.   II   53.) 
Same;    except    reads  "staff  officers  of  their   divisions".      (N.J.   VII 

Sec.  I  10.) 

M  \.IORS 

s>>   above,  this  title,  Battalions. 
above,  this  title,  Field  Officers. 
Martial   Law.  See  Martial   Law. 

MirLlTABi    Records,   Banners  and  Relics,  See  Military  Records,  Ban- 
ners and  Relics. 
Mii  i  i  sky  Secretary  to  Governor 

Appointed  by  governor  to  hold  office  during  his  pleasure  and  com- 
mission to  expire  with  term  for  which  governor  was  elected.    (N.Y. 

XI  4.) 


FnDKX     1  )i.;i  ST  993 


MILITIA    (Cont'd) 

"  MlLITIA     WARRANT  " 

Legislature  not  to  validate  any  pari  of  "militia  warrant  alleged  to 
be  outstanding  against  the  territory";  this  no<  to  be  construed 
as  authorizing  suit  against  state.      (X..M.  IX  8.) 

National  G'tjard 

See  also  below,  this  title,  Organized   Militia,  and  throughout  this 

title. 

Legislature  to  empower  hoard  of  supervisors  of  each   countj    to  aid 

in  supporting  company  or  companies  of  national  guard   in  county, 

as    may    lie    prescribed   by   law.      (Miss.    IX    222.) 

Legislature  to   make   annual   appropriation   for  efficient   support  and 

maintenance  of  "Mississippi  national  guard  ".      (Miss.   |\  221.) 
Shall  consist  of  not  less  than  100  men   for  each   senator  and  repre- 
sentative in  Congress.      (Miss.  IX  221.) 
Organization,    equipment   and    discipline   shall    conform    as   nearly   as 
practicable    to    regulations    for    government    of    armies    of    United 

States.      (Ariz.    XVI   3.) 
Organized  militia  to  be  designated  as  "The  National  Guard  of  Ari- 
zona ".     (Ariz.  XVI  2.) 
Governor  is  commander-in-chief  of  "  national  guard  of  New  Mexico''. 

i  \.M.    Will    1.) 
Naval  Militia 

See  also  below,  this  title,  Organized  Militia,  and   throughout   ttiis 

title. 
Legislature   may   provide  for  "a   state   and   naval   militia".      (Ala. 

XV  271.) 
Militia  may  be  organized   into  such   land  and  naval  forces  as  legis- 
lature deems  proper.      (XX.V.   XI   3.) 
Volunteer   organizations   may   he    formed   in   such    manner  and   under 
such  restrictions  and  with   such  privileges  as  may  be   provided  by 

law.      (Ala.   XV  274.) 

Officers   of   the  navy   nominated   and   appointed  by  governor   and   at 

least  majority   of   council;    nomination    must    precede   appointment 

by  at  least  three  days.     (N.H.  II  45.) 

Governor  to  have  full  power  by  himself  or  through  officers,  to  train. 

instruct,  exercise  and  govern  the  navy.      (Mass.  Pt.  II  Ch.  II  Sec. 

I  7;  N.H.  II  50.) 
( Governor  to  be  commander-in-chief  of  navy  and  of  all  military  forces 
of  state,  by  sea  and  land,  and  entrusted  with  all  powers  incident 
to  office  of  admiral,  to  be  exercised  only  according  to  constitution 
and  laws  of  land.      (Mass.  Pt.  II  Ch.  IT  Sec.  I  7;  N.H.  II   50.) 

Noncommissioned  Officers 

Of  companies,  See  above,  this  title,  Companies. 

Chosen    or    appointed    in    manner    legislature    may    deem    most    con- 
ducive to  improvement  of  militia   hut    law  changing  existing  mode 
of  election  and  appointment  requires  two-thirds  of  members  pres- 
ent in  each  house.     I  X.V.  XI  5.) 


32 


State  OoNsrinrc  ions 


MILITIA    (( 
I  II  I  ll 

provisi  tting  to  all  officers,  and  hence  to  military  officers, 

See  Public  Officers. 

Arrest  or  Suspension 

Governor  may  suspend  or  arrest  any  officer  for  disobedience  of 

ordei  -  or  other  offense.     |  Md.  II   15.) 

Commissions 

\!1  officers  commissioned  by  governor.     (Cal.  VIII  1;  Ida.  XIV 

3;    111.   XII    3;    I nd.   XII    3;    Iowa  VI  3;   Me.  VII  3;   N.J.  VII 

S     .    I    6;    X.l>.    XI 11     192;    S.D.    XV    4;    Wash.    X    2;    Wyo. 

XVII  3.) 

Same;  "as  commander-in-chief".      (N.Y.  XI  6.) 

Manner  of  commission  to  be  prescribed  by  law.      (Kan.  VIII  3; 

Mich.  XV  3.) 

Oath  of   Office 

Everj  person  "chosen  or  appointed"  to  military  office  to  take 
oath  to  bear  true  faith  and  allegiance  to  state,  and  to 
support  constitution  thereof;  affirmation  allowed  to  Quakers. 
Legislature    may    prescribe    other    forms.       (Mass.    Pt.    II   Ch. 

I  Sec.  I  4,  Amend.  VI.) 
Same;   with  addition  of  oath  to  faithfully  and  impartially  dis- 
charge   duties    according    to    best    of    abilities,    agreeably    to 
rules  and  regulations  of  this  constitution  and  state.     Affirma- 
tion allowed.      (X.H.  II  5,  83.) 
To    be    bound    by    oath    or    affirmation    to    support    this    constitu- 
tion  and  constitution  of  United  States.      (R.I.  IX  4.) 
All    officers    under    authority    of    state    to    take    oath    or    affirma- 
tion to  support  constitution  of  United  States  and  of  state  and 
to  demean  themselves  faithfully  in  office.      (Mo.  XIV  6.) 
Before  entering  on  duties  of  office  to  take  oath  to  support  con- 
stitution of  United  .States  and  of  state,  and  to  faithfully  dis- 
charge duties  of  office;    affirmation  allowed.      (Ark.  XIX  20.) 
Qualifications  and  Disqualifications 

No  person  to  be  elected  or  appointed  to  any  military  office  who 
i-  nol  a  citizen  of  United  States  and  resident  of  state  at 
lea.-i    one  year    preceding  election   or   appointment.     (111.  VII 

6;    Mo.  VIII    12.) 
No  person  to  be  elected  or  nominated  to  any  military  office  who 
i-  not    a   citizen  of   United   States  and  who  shall  not  have  re- 
sided  in   this  state  at    least   one  year  next  before  his  election 

or  appointment.      (Mont.  IX  7.) 
No  person  except   qualified  elector  to  be  elected  or  appointed  to 

military   office    in    state.      (Colo.   VII   G;    Wyo.   VI   3.) 
lligible  to  any  state,  executive  or  judicial  office.      (Ark.  XIX  26.) 
\"   person    holding  a    military  commission,  except  militia  officer, 

to  be  eligible  to   legislature.      (Ga.  Ill  Sec.  IV  7.) 
Military    officers    receiving    pay    from    continent   or   state,   except 
militia    officers  occasionally  called    forth   on   an   emergency,  in- 


Index  Digest  995 


MILITIA    (Cont'd) 

Officers   {Cont'd) 

Qualifications  and  Disqualifications  (Cont'd) 

eligible  to  office  of  governor  or  1<>  scat  in  senate,  lower  house 
or  council;   appointment   to  such  military  office  vacates  same. 

(N.H.  11  94.) 
Legislature  to  Have  power  to,  and  to  enact  necessary  laws  to 
exclude  from  military  office  of  honor,  power,  trust  or  profit,  all 
persons  convicted  Of  bribery,  perjury,  larceny,  or  of  infamous 
crime;  or  who  shall  make  or  lie  interested  in  any  election 
wager;  or  ri^ht.  or  send  or  accept  challenge  to  fight  duel, 
or  be  second  to  either  party,  or  be  bearer  of  such  challenge 
or  acceptance.  Disability  not  to  accrue  until  after  trial  and 
conviction  by  due  form  of  law.  (Fla,  VI  5.) 
Rank 

Determined  by  governor  when  not  determined  by  law.      (N..J.  VII 

Sec.  I  6.) 
Removal  from  Office 

Only  by  senate  on  suggestion  of  governor,  stating  ground  of 
recommendation,  or  by  decision  of  court  martial,  pursuant 
to  law,  or  at  own  request.  (Miss.  IX  216.) 
Only  by  senate  on  recommendation  of  governor,  stating  grounds 
of  such  recommendation,  by  sentence  of  court  martial, 
by  findings  of  examining  board  organized  pursuant  to  law, 
or  for  absence  without   leave  for  six  months  or  more.      (N.Y. 

XI  6.) 

If  "  duly  commissioned  to  command  in  militia  ",  only  by  address 

of  both  houses  to  governor  or  by  fair  trial  by  court  martial, 

according  to  law.      (N.H.  II  52.) 
If  "  commissioned  to  command  "  may  be  removed  from  office  as 

legislature    may    by    law    prescribe.      (Mass.    Amend.    IV.) 
By  governor  in  pursuance  of  sentence  of  a  court  martial.      (Md. 

II   15.) 
Same;  adds  "  for  cause  ".      (S.D.  XV  4.) 

Only    by    sentence    of    court    martial,    pursuant    to    law.      (X.J. 

VII  Sec.  16;  N.D.  XIII  192.) 
Reports 

Governor    may    require    information    from    any    military    officer 
upon   any   subject   relating  to  duties  of  his  office.    (Me.  V  Pt. 

I    10.) 
Same;   adds  "in  writing"  after  "information".      (Ore.  V  13.) 
Selection,  Manner  of 

Elected    or    appointed    in    such    maimer    as    may   be    provided    by 
law.      (Cal.    VIII    1;    Kan.    VIII    3;    Mich.    XV   3;    N.D.    191; 

Wash.    X    2.) 
Same;    militia    "shall    be    officered",    etc.      (Ark.    XI    1.) 
Manner  of  selection    to  be  provided  by  law.     ( Ida.  XIV  3 ;  Wyo. 

XVII  3.) 
Appointed   by   governor,    with   consent  of   senate,   or   elected,   as 
legislature    may   determine.      (Miss.   IX   216.) 


996  State  Constitutions 


MILITIA   (Conf<h 
Officers  [Cont'd) 

Selection,  Manner  of  {Cont'd) 

When-    not    prescribed    in    constitution,    chosen   or   appointed    in 
manner  legislature  may  deem  most  conducive  to  improvement 

of   militia.      (N.Y.    XI    5.) 
Where  not   provided   for  in  constitution,  elected  by  persons  sub- 
ject  to  military  duty  within  their  companies,  battalions,  regi- 
ments,  or    other    commands   as    prescribed   by   legislature   and 
for  terms,  not  exceeding  four  years,  to  be  fixed  by  legislature. 

(Ky.  222.) 
Appointed    by    governor    where   appointment   not   otherwise   pro- 

\ich'd   for   in   constitution.     (N.J.   VII   Sec.   I   9.) 
Appointed  by  governor  with  advice  and  consent  of  senate,  when 
appointment   or   election   not   otherwise   provided   for   by   con- 
stitution,  unless   different  mode  of   appointment  is   prescribed 

by  law  creating  office.      (Md.  II   10". ) 
Appointed     by    governor     (including     adjutant-general).      (Fla. 

IV  16.) 
Legislature  by  standing  laws  to  direct  time  and  manner  of  con- 
vening electors,  of  collecting  votes  and  of  certifying  elections 
to  governor.     (Mass.  Pt.  II  Ch.  II  Sec.  I  10.) 
Legislature    to    provide    time    and    manner    of    electing    militia 
officers    and    of    certifying    elections    to    governor.      (N.J.    VII 

Sec.  I  6.) 
Elected    by     persons     liable    to    perform    military    duty;     staff 

officers    excepted.      (Iowa    VI    3.) 
Sleeted    by   persons   subject  to  military   duty   within   bounds  of 
their    several    companies,    battalions,    regiments,    brigades    and 
clhiM.'Us,   as    provided   f"1'   by   legislature.      (Tenn.  VIII    1.) 
Law  changing  existing  mode  of  election  and  appointment  requires 
two-thirds  vote  of  members  present  in  each  house.      (Not  ap- 
plicable  to   chiefs   of   staff   departments,    aides-de-camp,   mili- 
tary   secretary    or    major-generals.)      (N.Y.    XI    5.) 
Vacancies  may  he  filled  in  elective  offices  by  governor  by  grant- 
ing commissions  to  expire  on  filling  of  vacancy  as  constitution 

provides.      (Ky.  222.) 
Term  of  Office 

Such   time   a-    legislature   may   provide.      (Ida.   XIV  3;   111.  XII 

3;    S.D.  XV  4;    Wyo.  XVII  3.) 
Not    longei    than    six   years.      (Ind.   XII    3.) 

Commissions  may  be  granted  by  governor  to  fill  an  elective  office, 
,"  expire  on  filling  of  vacancy  as  constitution  provides.      (Ky. 

222.) 
Organization,  Equipment  ami  Discipline 

conform    as    nearly   as  possible  to  regulations  for  government  of 
armies  of   United  Stat,-.      (Ala.  XV  272;  Colo.  XVII  2;  111.  XII 
2;    Ky.   221  ;    Mo.    \|||    -^    Utah   XV  2.) 
Same;    excepl    mentions  only  "organization".     (Mont.  XIV  2;   S.D. 

XV  3.) 


Index  Digest  997 


MILITIA   {Cont'd) 

Organization,  Equipment  and  Discipline  (Cont'd) 

Same;     except    reads    "■enrollment"    in    place    of    "organization". 

(Ida.  XIV  2;  Wyo.  XVII  2.) 

To  conform  as  nearly  as   practicable   to  organization,  discipline  and 

equipment  of  regular  army  of  United  States.      (N.M.  XVIII  2.) 

Legislature    to    provide    for    organization,    arming    and    disciplining 

militia.      (Ala.  XV  271.) 
Same;   adds  "as  the  exigency   may  require".      (Md.  IX  1.) 
Militia  to  be  organized,  officered,  armed,  equipped  and  trained  as  may 

be  provided  by  law.      (Ark.    XI    1;   Ind.  XII   1.) 

Same;    except  "discipline"  in  place  of  "trained".      (S.C.  XIII   1.) 

Legislature  to  provide  by  law  for  organizing  and  disciplining  militia, 

in  such  manner  as  it  may  deem  expedient,  not  incompatible  with 

constitution    and    laws    of    United    States.      (Cal.    VIII     1;    Tex. 

XVI  46.) 
Legislature    may    provide    by    law    for    organizing    and    disciplining 

militia.      (Fla.  XIV  2;   Wis.   IV  29.) 
Legislature   may    provide   how    militia   shall   be   organized,   officered, 

trained,  armed  and  equipped.      (Ga.  X  Sec.  I   1.) 
Legislature   may   arm   and   equip    such    volunteer    forces'  as   may   be 

authorized.      (6a.  X  Sec.  I  2.) 
Legislature   to   provide   for   enrollment,   equipment  and   discipline  of 

militia.      (Ida.    XIV    2;     Wyo.    XVII    2.) 
Legislature    to   determine   method   of   dividing  militia    into  divisions, 
brigades,  regiments,  battalions  and  companies.      (Ind.  XII  4;  Ore. 

X   5.) 
Militia   to  be  armed,   equipped   and   trained,  as    legislature  may  pro- 
vide.     (Iowa  VI  1.) 
Legislature    to    provide    for    organizing,    equipping    and    disciplining 
militia,  in  such  manner  as  it  may  deem  expedient,  not  incompatible 
with   laws  of  United  States.      (Kan.  VIII  2;    Mich.  XV  2.) 
Legislature   may    provide    by    law    how    militia    shall    be   organized, 

officered,  trained,  armed  and  equipped.      (La.  298.) 
Organization  of  militia,  as  now   provided  for,  to  remain   same  until 

altered   by   legislature.      (Me.   VII    4.) 
Divisions    of    militia    into    brigades,    regiments    and    companies    pre- 
scribed  by  present    laws   to  continue   until    altered   by    future   law. 
(Mass.  Pt.  II  Ch.  II  Sec.  I  10;  N.H.  II  54.) 
Governor  to  have  full  power,  by  himself  or  through  officers,  to  train, 
instruct,    exercise    and    govern    militia    and    navy.      (Mass.    Pt.    II 

Ch.  II  Sec!  I  7;  N.H.  II  50.) 
Legislature  to  pass  such  laws  for  organization,  discipline  and  service 

of  militia  as  deemed  necessary.      (  M inn.  XII   1.) 
Legislature     to     provide     for     organizing,     arming,     equipping     and 

disciplining  militia.      (Miss.  IX  215.) 
Legislature    to    provide    by    law    for    organization,    equipment    and 
discipline  of  militia    and    to   make   rules   and   regulations   for  gov- 
ernment of  same.      (Mont.  XIV  2.) 
Legislature   may   provide    for    organizing  and   equipping  the  militia. 

(Nebr.  XIII   1.) 


998  State  Constitutions 


MILITIA    (( 

<»k.,\m/\ii..v   K'.'i  ii'mkm    a.nu  Discii'li.ne   (Cont'd) 

Legislature     to     provide    by     law     for    organizing    and    disciplining 

militia.      (Nev.  XII   1.) 
Legislature   to   provide  by   law    for   enrolling,  organizing  and  arming 

militia.      (N.J.  VII  Sec.  I  1.) 
ialature    to    provide    for   organizing,    arming,   equipping   and   dis- 
ciplining militia.      (N.C.  XII  2.) 
Legislature   may   enact    laws    for  the  government  of  militia.      (N.C. 

XII   4.) 

Militia    to   be  enrolled,   organized,   uniformed,   armed  and  disciplined 

as  shall  be  provided  by  law,  not  incompatible  with  constitution  or 

laws  of  i  nited  stair.-.      (X.D.  XIII  189.) 

Legislature    to    provide    for    organizing,    disciplining,    arming,    main- 

taining  and  equipping  militia.     (Okla.  V  40.) 
Legislature    to   make   all    needful   rules   and   regulations   not   incom- 
patible   with    United    States    or    state    constitution    or    state    laws. 

(Ore.   X  5.) 
Freemen  of  stale   to  be  armed,  organized  and  disciplined  for  its  de- 
fense  when   and   in  such   manner  as  directed  by  law.      (Pa.  XI  1.) 
Legislature    to    provide    for    enrollment,    uniforming,    equipment   and 
discipline    of    militia    and    establishment   of   volunteer    and    other 
organizations,  <>r  both,  necessary  for  protection  of  state,  preserva- 
tion  of  order  and  efficiency  and  good  of  service.      (S.D.  XV  2.) 
islature  to  provide  for  organization,  discipline  and  equipment  of 

militia.      (Utah  XV  2.) 

Same;   adds  "and  for  the  maintenance  thereof".      (N.M.  XVIII  2.) 

Inhabitants  of  slate  to  be  trained  and  armed  for  its  defense  under 

such   regulations,   pursuant  to   United  States  constitution,  as  Con- 

gress  and   legislature   shall   direct.      (Vt.  II  55.) 

Legislature  to  provide  by  law  for  organizing  and  disciplining  militia 

in   manner  not  incompatible  with  constitution  and  laws  of  United 

States.      (Wash.  X  2.) 
1  m:<, a  sized  Militia 

Consists  of  such  organized  military  bodies  as  existed  under  laws  of 
territory  or  thereafter  may  he  authorized  by  law.    .(Ariz.  XVI  2.) 
Legislature  to  provide  by  law  for  establishment  of  volunteer  organ- 
ization, i>\   several  arms  of  service,  to  be  classed  as  active  militia. 

(N.D.   XIII   190.) 
Designation  as  "The  National  Guard  of  Arizona".     (Ariz.  XVI  2.) 
Same;    "National   Guard  of  New  Mexico".      (N.M.  XVIII   1.) 
Pky 

Legislature  to  provide  fqr  paying  militia  when  same  called  into  ac- 
tive    seryice.      (Miss.    IN    215;    N.C.    XII   2.) 

I   "i   annua]   appropriation  to  be  used  in  payment  of  national 
rd    except   when    in    actual    service.      (Miss.   IX   221.) 

and   men  of  militia  and  volunteer  forces  not  to  receive  pay, 

rations  or  emoluments  when  not  in  active  service.      (Ala.  XV  278.) 

■  I  adds  -  by  authority  of  the  state".     (Ga.  X  Sec.  I  3;  La.  299.) 

ro    Avoid    Sebvjpe,    See   above,    this    title,   Exemption   from 

Service. 


Index  Digest  D99 


MILITIA   (Cont'd) 

Performance  of  Mii.itahv    Dity 

Importation  of  armed  men,  See  Police. 

No  organized  body  of  armed   men.  except  the  active  militia,  to  per- 
form   military    duty   in    stale,    excepl    United    Slates   army,    without 
proclamation  of  governor.      (X.D.   XIII    L90J) 
Police  as  Militia,  Prohibition  of 

Police  force  of  city,  (own  or  parish  not  to  be  organized  or  used  as 

part  of  militia.      (  La.  301. 1 
Property  Accounts 

Public  boards,  commissary  general,  superintending  officers  of  public 
magazines  and  stores,  etc.,  to  accounl  every  three  mouths,  with- 
out requisition  (and  at  other  times  if  required  by  governor)  for 
all  goods,  stores,  ammunition,  cannon,  small  arms  and  other  public 
property  under  their  care,  distinguishing  quantity,  number,  quality 
and  kind.  (Mass.  Pt.  II  Ch.  II  Sec.  I  12.) 
Same;  but  mentions  only  "quantity  and  kind".  (X.ll.  II  ."Hi.) 
Quartermaster-General 

Appointed   by   governor.      (Ind.    XII    2;    Me.    Amend.    XXVIII;     Mo. 

XIII  6;  Ohio  IX  3.) 
Regiments 

Field     officers     commissioned     by     governor     who     determines     rank. 

(Mass.  Pt.  II  Ch.  II  Sec.  I  10.) 
Field    officers   elected   by   commissioned   officers    of   their    regiments. 

(N.J.  VII  Sec.  I  3.) 

Field   officers    (colonels,    lieutenant-colonels    and    majors)    elected   by 

persons    subject    to    military     duty    in    their     respective    districts. 

(Ohio    IX    2.) 
Field  officers  elected  by  captains  and  subalterns.      (Vt.  II   55.) 
Field  officers  elected  by  written  votes  of  captains  and  subalterns  of 

their  regiments.      (Mass.  Pt.  II  Oh.  II  Sec.  I  10.) 
Same;   adds  "in  manner  t<>  he  prescribed  by  law"'.      (Me.   XII   1.  2. ) 
Regimental    officers    elected     by    persona    subject     to    military    duty 
within  bounds  of  their   several   regiments,   as   legislature  may   pre 

scribe.      (Tenn.  VIII    I.) 

Regimental   officers  elected   bj    regknerit;    in   case  of   neglect    to  eleel 

within    time    prescribed    by    law,    governor    max     appoint.      (Ala. 

XV  27;;.  i 
Same;    or    after    failure    to    elect    on    order    of    the    governor.      (Mo. 

Mil    3.) 

Field    offices    vacant    by    reason    n'    neglect    or    refusal   of   electors    t" 

elect   may,    after   due    notification,    according    to    law.    be    filled    by 

governor,   with    advice   <i!'   council.      (Me.    XII    1,    2:    Mass.    Pt.    II 

ch.  II  Sec.  I    10.) 
Field   officers   appoint    their    -tad'   officers.      (Vt.    II    55.) 
Commanding   officers   of   regiments   appoint    their   own   -tad'-.      (Ohio 

IX    3.) 
Same;   adds  "as  may  be  provided  by  law".      (Ala.   XV  276.) 
Same;   except   "staff  officers"   in   place  of  "-tall'-".      (Ky.  222:    Me. 

VII  2,  Amend.  XXVIII;  Ore.  X  4.) 


jOOQ  State  Constitutions 


MILITIA    (( 

"1M1    Nl  '    'n  «  /XT  T        ^TT      a 

Same-    adds   "colonels"   to   commanding   officers.      (N.   J.   VII   Sec. 

I   10.) 
immanding    officers    appoint    their    adjutants    and    quartermasters. 
(Mass.  Pt.   II  Ch.   II   Sec.  I  10;  N.H.  II  53.) 
,:,,,  ,,M,nN>  fob  Government  oi    Armies  of  United  States,  See  above, 

thit  title,  0 miZATiON,  Equipment  and  Discipline. 

,;,,,,,   ,„    pejopj  i    p.  Beab  Arms,  See  Arms. 

B)  ,;1  PLES   \..mnm   Bearing  Amis.  See  above  this  title,  Exemption  from 

Service. 

- 

Field    officers   elected    by   commissioned   officers   of   their   squadrons. 

(N.J.  VII  Sec.  I  3.) 

,  ommanding    officers    appoint    their    own    staffs.      (N.J.    VII    Sec.    I 

10;   Ohio  IX  3.) 
Same;    excepl    "staff  officers"'  in  place  of  "staffs".      (Ore.  X  4.) 

Stafi    Departments 

Governoi    to  appoinl  chiefs  of  staff  departments,  to  hold  office  during 
hi-    pleasure;    their    commissions    to   expire   with    term    for   which 

he  was  elected.      (N.Y.  XI  4.) 

-I  \I  r    <  (FFICERS 

Of  a  particular  officer,  See  that  officer,  throughout  this  title. 
Appointed   and  commissioned  by  governor.      (Colo.  XVII  3.) 
Governor  appoints  ••chief  officers  of  the  general  staff".      (Ore.  X  3.) 
Governor   appoints   staff   officers,   when   provided   for  by  law.      (Ohio 

IX  3.) 
Governor,   with    consent   of   senate,   appoints   staff  officers  as   legisla- 
ture    directs      (except     adjutant     and     inspector-general).      (S.C. 

XIII  4.) 
Governor   commissions   all    officers  of   the   staff,   "ranking  as   such". 

(Ohio  IX  4;   Ore.  X  5.) 

No  officer  of  "general  staff"  of  the  militia,  except  adjutant-general, 

to  receive  salary  or   pay,  except  when  on  service  and  mustered  in 

with  troops;      (Md.  IX  2.) 
Excepted   from  provision   providing  for  election  of  officers  by  persons 

liable  to  perform   military  duty.      (Iowa  VI    3.) 
Ra  !    by   legislature.      (Ind.  XII  4;   Ore.  X  5.) 

Standing    \kmy.  See  Standing  Army. 

S  l  Kl  NO  I  ii 

Force  of  noi    less  than    10,000  enlisted  men,  fully  uniformed,  armed, 
equipped,  disciplined  and  ready  for  active  service,  to  be  maintained 

at  all  times.      (N.Y.  XI  3.) 

Subaltej  e<    above,  this  title,  Companies. 

Subordination    of    Military    to    Civil    Power,    See   Military    Power, 

Subordination  of. 
I  u  in  ai   Organization,  See  above,  this  title,  Organization,  Equipment 

and  Discipline. 


Index    Digest  1  i )0 1 


MILITIA   (Cont'd) 
Uniform 

Officers   and    .soldiers   to    wear    uniform    prescribed   for  United   States 
army    but    volunteer    companies    may    select   own    uniform.      (Fla. 

XIV   3.) 
Use  Without  State 

Governor  not  to  march  or  convey  citizens  out  of  state,  without  their 
consent   or    that   of   legislature   unless   necessary   to  reach    another 
part  of  state  for  defense  thereof.     (Me.  V  Pt.  I  7.1 
Same;   except  "inhabitants"  in   place  of  "citizens".      (Mass.  Pt.  II 

Ch.   II   Sec.  I  7;  N.H.  II  50.) 
Volunteer  Forces 

Volunteer  companies  of  infantry,  cavalry  or  artillery  may  be  formed 
in  such  manner  and  with  such   restrictions  as  may  be  provided  by 

law.      (Ark.  XI  2;   Mo.  XIII  4.) 
Same;     except    "organizations"    in     place    of    "companies".      (Ala. 

XV  274.1 
Legislature    may    provide    for     encouragement    of    volunteer    corps. 

(Fla.  XIV  2.) 

Legislature    may    authorize    formation    of   volunteer   companies,   and 

provide     for     organization     into     battalions,     regiments,     brigades, 

divisions    and    corps,    and    may    arm    and    equip    same.      (Ga.    X 

Sec.   I  2.) 
Legislature    to    provide    by    law    for    establishment   of    volunteer    or- 
ganizations  of   the   several   arms,   to  be   classed   as   active  militia. 

(N.D.  XIII   190.) 
Governor   may,  when   legislature   not   in   session,   call   out  volunteers 
or    militia,    or   both,    to    execute   laws,    repel    invasion,    repress    in- 
surrection  and    preserve    public   peace,   in   such  manner   as  author- 
ized by  law.      (Ark.  XI  4.) 
May    select   their    own   uniforms.      (Fla.    XIV    3.) 

Privileged   in   all   cases,   except    treason,   felony   and  breach   of   peace, 
from   arrest  during  attendance  at  muster  and   election   of  officers, 
and  in  going  to  and  returning  from  same.      (Ark.  XI  3.) 
MINES 

Mining  Bureau 

Bureau  may  be  created  by  legislature  to  be  known  as  Mining,  Manu- 
facturing   and    Agricultural    Bureau.      (Ark.    X    I.) 
Inspector  of   (commissioner  in  Colorado) 
Appointment  or  Election 

Governor     to     appoint,     with     advice     and     consent     of     senate. 

(Colo.   XVI    1;    N.M.   XVII    1;    Wyo.    IX    1.) 
Elected  at  general    election.      (Ariz.  XIX.) 

Bond  and  Oath 

As    prescribed   by    law.      (Okla.    VI    25.) 

Duties 

As  prescribed  by  law.      I  Colo.  XVI  1  ;  N.M.  XVII  1;  Wyo.  IX  1.) 
Designated   in   constitution  or   prescribed   by   law.      (Okla  VI   1.) 


jOiij  State  Constitutions 


MINES    {Cont'd) 

[ksfbctob  oi    (commissioner  in  Colorado)    (Cont'd) 

Office 

keep  office  and  public  records  at  seat  of  government.      (Okla. 

VI    1.) 

Qualifications 

Proven    in   manner   provided   by   law   to  be  competent  and  prac- 
tical.    (Wyo.  IX  1.) 
Known   competency.     (Colo.  XVI   1.) 

Eight  years'  experience  as  practical  miner  and  other  qualifica- 
tions as  provided  by  legislature.      (Okla.  VI  25.) 

Salary 

To  be  prescribed  by  law.     (Colo.  XVI  1;   N.M.  XVII  1;   Okla. 

Sched.  XV;  Wyo.  IX  1.) 
■>i)0  till  provided  otherwise  by  law;  not  to  be  diminished  or 
increased  for  term  for  which  elected;  not  to  receive  for  his 
own   use  fees,  costs  and  perquisites  of  office.      (Okla.  VI  34.) 

Term  of  Office 

Two  years.     (Ariz.  XIX;  Wyo.  IX  h) 
Four  years.      (Colo.  XVI   1;   N.M.  XVII   1;   Okla.  VI  25.) 
Secretary  of  Internal  Ah  airs 

To  discharge  duties  in  regard  to  mining  interests  of  state  as  may 
be   prescribed  by  law.      (Pa.  IV  19.) 

All)    TO 

Legislature  to  pass  laws  to  foster  and  aid  mining  interests  of  state. 

(Ark.   X    1.) 
\iilw  Right  op,  See  Aliens  —  Lands  and  Mines. 
Eminent  Domain  for  Mining  Purposes,  See  Eminent  Domain. 
Health  and  Safety  of  Miners,  See  Labor  —  Health  and  Safety. 
Labor  in.  See  Labor. 
Minim.  Comp4  n  des 

Legislature  to  provide  by  general  law  for  incorporating  such  mining 

companies  or  associations  as>  deemed  necessary.      (Fla.  Ill  25.) 
NTo  incorporated  company  doing  business  as  common  carrier  to  engage 
in    mining,    hut    any    mining   company   may    carry    products   of   its 
mines    on    its    railroad    or    canal    not    over    50    miles    long.      (Pa. 

XVII   5.) 
Every   license  or   charter  granted   to  stipulate  that  corporation  will 

arbitrate  any  difference  in  reference  to  labor.      (Okla.  IX  42.) 
Fellow-servant    doctrine    abolished    as    to    any    servants    of    common 
master;   acl   applies  to  receivers.      (Okla.  IX  36.) 
Mining   Districts 

Legislature  t"  create  mining  districts  and  provide  for  appoint- 
ment or  election  of  assistant  inspectors  under  general  control  of 
chief   mine    inspector   and  define   qualifications   and  duties  and   fix 

compensation.      (Okla.  VI  26.) 
I: i. i,n  ■. 

Nol  in  In-  regulated  by  private,  local  or  special  law.  (Ky.  59; 
Mo,    l\    53;    Pa.   Ill   7;   Tex.   Ill   56;   Va.  IV  63.) 


Index  Digest  1003 


MINES    (Cont'd) 

Regulation  (Cont'd) 

Legislature  to  make  regulation  to  secure   proper  drainage  and  ven- 
tilation  of,   and    proper   safety   and    health   appliances   in,   mines. 

(Colo.  \\  I  2.  3.) 

Laws  may   be   passed   to   provide   for   the    regulation   of    methods   of 

mining,  weighing,  measuring  and  marketing  coal,  »a>,  oil  and  all 

other  minerals.     (Ohio  II  36.) 
Release  of  by  State 

Mines  and  minerals   released    to   owner   of   soil.      (Tc\.    XIV   7.) 
State  Geologist 

Legislature  may  create  office  of  geologist,  to  be   appointed   by   ^"\ 
ernor  by  and  with   consent   of  senate;   term   of  office  and   compen- 
sation   prescribed    by    law;    to    be    removed    by    governor    for    gross 
neglect   of  duty  or  incompetency.      (Ark.   X  2.) 
Appointed   by   governor    with    advice   and    consent    of    senate    for    six 
years   or   until   successor  qualified;    duties   and   compensation   pre- 
scribed by  law;    must  have   such  theoretical    knowledge   and    prac- 
tical   experience   and   skill    as   shall    lit   him    for    position;    to    per- 
form,  ex-officio,   duties  of   inspector   of  mines   until   otherwise   pro- 
vided by  law.      (Wyo.  IX  0.) 
State  Geological  and  Economic  Survey 

Legislature  shall  provide  for  establishment  of.      (Okla.  V  38.) 
Switch  Track  to 

Owner  of  coal,  lead,  iron  or  zinc  mine,  when  corporation  commis- 
sion determines  business  reasonably  justifies  it,  may  build  switch 
from  railroad,  which  must  allow  connection  under  penalty  to  be 
recovered  by  civil  action.      (Okla.   IX   33.) 

Taxation 

See  Taxation — Objects  and  Kinds  of  Taxation — Mines  and  Min- 
ing. 

See  Taxation — Assessment Mines. 

See  Taxation — Exemptions — Mining  Capital. 

MINORS 

See  also  Children. 

For  jurisdiction  of  courts  over,  See  Courts. 
Registration,  See  Elections. 

Rights  not  to  be  conferred  by  local  or  special   law.      (Minn.  IV  33.) 
Emancipation  not  to  be  authorized  by  local  or  special   law.      (La.  48.) 
Not  to  be  relieved  from  legal  disabilities  by   local  or  special   law.      (Fla. 

Ill   20;    Ky.    59.) 
Disability  of  infancy  not  to  be  removed  by   local,  private  or  special  law. 

(Ala.   IV    104;    Miss.    IV   90.) 

Private,  local  or  special  law  not  to  declare  any  person  of  age.      (Cal.  IV 

25;   Colo.  V  25;  Ida.  Ill  19:    K.\ .  59;    Minn.   IV  33;   Mo,   IV  53;    Mont. 

V  26;  N.M.  IV  24;  N.D.  II  69;  Okla.  V  46;  Tex.  Ill  56;  Wash  II  28; 

Wyo.   Ill   27.) 
Disposal  of  property  by  local  or  special  law   prohibited.      (Ky.  59.) 


Idii.l  State  Constitutions 


MINORS  [Cont'd) 

itea  oof  to  be  affected  by  local  or  special  law.  (Ariz.  IV  19;  Cal.  IV 
•_..-,.  [da.  Ill  10S  Ky.  59;  La.  IS:  .Minn.  IV  33;  Mo.  IV  53;  Mont.  V  26; 
VK  11  69;  Okla.  V  46;  Tex.  Ill  56;  Wyo.  Ill  27.) 

nut  to  be  affected  by  local  or  special  law,  except  after  due  notice 
t«.  ali  parties  in  interest,  to  be  recited  in  the  special  enactment.      (Pa. 

Ill  7.) 
Bettlemenl  or  administration  of  .state  local,  private,  or  special  law  pro- 
hibited.     (Miss.   IV   90.) 
estates,   special    law    prohibited;     but    legislature  to  confer  on 

courts  power  to  direct.     (Va.  IV  63.) 
of  property,  local,  private  or  special  law.  prohibited.     (Cal.  IV  25; 

Ida.  Ill  19;  Ky.  59;  Miss.  IV  90.) 

of   real   estatej   local,   private  or  special  law,  prohibited.      (Colo.  V 

Fk.    Ill    20j    HI.    IV   22  ;    Mont.   V   Hi;   Nebr.  Ill   15;   Nev.  IV  20; 

\.M.  I\    Jl;  N.D.  II  69;  S.D.  Ill  23;  Utah  VI  26;  Wash.  II  28;  W.Va. 

\  l  39;  Wis.  I\   31;  Wyo.  Ill  27.) 

of    ical   ,--i  a.'    by   executors,   administrators,   guardians   or   trustees, 
local  or  special  lav.   no1  to  provide  for.     (Ind.  IV  22;  Md.  Ill  33;  Ore. 

IV  23.) 
of  persona]  property,  private,  local  or  special  law  prohibited.     (Nev. 

IV  20;  Wash.  II  28;  Wis.  IV  31.) 
Mortgage  of   property,   local,   private  or   special  law  prohibited.      (Miss. 

IV  90.) 

Mortgage  of  real  estate,  private,  local  or  special  law  prohibited.      (Colo. 

\    25;    111.   IV  22;    Mont.  V  26;   Nebr.   Ill    15;   N.M.  IV  24;   N.D.   II 

Gil;   S.D.   111  23;   Utah  VI  26;   Wash.  II  28;   W.Va.  VI  39;   Wis.  IV 

31;  Wyo.  Ill  27.) 
Mortgage  of  personal  property,  private  or  special  law  prohibited.     (Wash. 

II  28;    Wis.   IV  31.) 
Leasing  or  encumbering  property,  private,  local  or  special  law  prohibited. 
Cal.    I\    25;    [da.   Ill    19;    Ky.  511;    Wash.   II   28.) 

MONEY 

Rate  of  interest  on,  See  INTEREST. 

Where  sums  are  mentioned  in  constitution,  value  to  be  computed  in  sil- 
ver, at   >i\   shillings  and  eight  pence  per  ounce.      (Mass.  Pt.  II  Ch.  VI 

MONOPOLIES  AND  TRUSTS  3;  N'H.-  U  96,) 

Prohibition  i\  General 

"Shall    never   be    allowed    in    this    state".       (S.D.    XVII    20;    Wash. 

XII  22.) 
Monopolies  shall  not  he  allowed.      (Ark.  II  19;  Okla.  II  32.) 

-   contrary   to  genius  of  free  state  and  not  to  be  allowed. 
v'  .'I  31;   Okla.   II   -A-l:   Tenn.   I   22;   Tex.  I  26;   Wyo.  I  30.) 
Monopolies   are   odious,   contrary    to    spirit   of   free   government   and 
principles  of  commerce  and  ought  not  to  be  suffered.      (Md.  D.R. 

41.) 
and  free  competition  in  trades  and  industries  are  inherent  right 
'•'    people    and    should    be    protected    against   7iionopolies   and   con- 
spiracies which  tend  to  hinder  or  destroy  it.     (N.H.  II  82.) 


Imikx    Digest  LOOS 


MONOPOLIES  AND  TRUSTS    {Cont'd) 
Prohibition  of  Particular 

Until  otherwise  provided  by  law.  no  person  engaged  in  production, 
manufacture,  distribution  or  -ale  of  commodity  rf  genera]  use 
shall,  for  purposes  of  creating  monopoly  or  destroying  competi 
tion,  discriminate  between  differenl  persons,  ><*<t i» >n s,  communi- 
ties or  cities  by  selling  at  lower  rate  in  one  section,  community  or 
city  than  in  another,  after  making  <li><'  allowance  for  difference  in 
grade,  quantity  or  quality  and  actual  cost  of  transportation  from 
point  of  production  or  manufacture.      (Ok-la.  IX  45.) 

Combination  between  individuals,  corporations,  associations,  having 
for  object  or  effect  controlling  of  price  of  any  product  of  soil  or 
article  of  manufacture  or  commerce,  or  cost  of  exchange  or 
transportation,  prohibited  and  declared  unlawful  and  against 
public  policy;   and  franchises  of  violators  of  this  provision  to  be 

void.      IX. I).   VII    1  IC.  i 

Persons  not  to  combine  or  conspire  together  or  to  unite  or  pool  their 
interests  for  purposes  of  forcing  up  or  down  price  of  agricultural 
product  or  article  of  necessity,  for  speculative  purposes;  and 
combinations,  trusts  or  conspiracies  in  restraint  of  trade  or  emu 
merce  and  monopolies  or  combinations  to  monopolize  trade  or 
commerce,  prohibited,  and  attorney -general,  or  district  attorney, 
when  directed  by  governor  or  attorney-general,  to  enforce  this 
provision  in  name  of  state,  and  particularly  by  suit  for  forfeiture 
of  charter  of  corporations  and  for  ouster  from  state  of  foreign  cor- 
porations. These  provisions  self-operative  but  legislature  may  pro- 
vide additional  remedies.      (La.  100.) 

Any  combination  of  persons  whether  as  individuals  or  members  or 
officers  of  corporation,  to  monopolize  markets  for  food  products 
in  this  state  or  to  interfere  with  or  restrict  freedom  of  such  mar- 
kets,   declared    to   be   criminal    conspiracy    punishable   as    prescribed 

by  law.      (Minn.  IV  35.) 

Any  combination  by  individuals,  corporations  or  associations  hav- 
ing for  object  or  effect  controlling  of  price  of  products  of  soil  or  of 
article  of  manufacture  or  commerce,  or  cost  of  exchange  or  trans 
portation,  prohibited,  and  declared  unlawful  and  againsl  public 
policy.  Legislature  to  enforce  by  adequate  penalties  and  if  neces- 
sary   declare     forfeiture     of     franchise     of     corporations.       (Utah 

XII   20.) 

No  corporation,  partner-hip  or  association  to  directly  or  indirectly 
combine  or  make  contracts  with  corporation  through  stockholders 
or  trustees  or  assignees,  or  with  partnership  or  association  or  in 
any  manner  whatever  fco  li\  prices,  limit  production  or  regulate 
transportation  of  product  or  commodity.  Legislature  1"  enforce 
by  adequate  penalties,   including   forfeiture  of   franchise  of  corpor 

ations.      (Ariz.   XIV   L5;   Wash.   Ml   22.) 

No  incorporated  company  or  association  or  stock  company  in  state 
to  combine  or  make  any  contract  with  any  other  incorporated 
company  through  stockholders  or  trustees  or  assignees  or  in  any 


006  State  Constitutions 


MONOPOLIES  AND   TRUSTS    [Cont'd) 
Pbohibi  noii  01    I'  vb  i  i<  ii  \i;  I  Cont'd) 

manner  whatsoever  for  purposes  of  fixing  price  or  regulating  pro- 
duction of  any  article  of  commerce  or  of  produce  of  soil  or  of  con- 
Bumption  bj  people  and  Legislature  to  pass  laws  for  enforcement 
by  adequate  penalties  and  if  necessary  forfeit  property  and  fran- 
chise. (Ida.  XI  18.) 
No  corporation,  partnership  or  association  to  directly  or  indirectly 
combine  or  make  contract  with  corporation  through  stockholders 
or  trustees  or  assignees,  or  with  partnership  or  association  or  in 
any  manner  whatever  to  fix  prices,  limit  production  or  regulate 
transportation  of  product  or  commodity  so  as  to  prevent  compe- 
tition in  such  prices,  production  or  transportation,  or  to  estab- 
lish excessive  prices  thereof.  Legislature  to  enforce  by  adequate 
penalties,  including  forfeiture  of  franchise  of  corporations.      (S.D. 

XVII  20.) 
No  persons  to  directly  combine  or  form  "  what  is  known  as  a  trust  " 
or  make  contracts  with  any  persons  through  their  stockholders, 
trustees  or  in  any  manner  for  purpose  of  fixing  price  or  regulat- 
ing production  of  any  article  of  commerce  or  of  the  product  of  the 
soil,  for  consumption  by  people.  Legislature  to  provide  for  en- 
forcement by  adequate  penalties  to  the  extent  if  necessary  of  for- 
feiture of  property  and  franchise,  and  prohibition  of  foreign  cor- 
porations from  Carrying  on  business  in  state.  (Mont.  XV  20.) 
Consolidation  or  combination  of  corporations  to  prevent  competi- 
tion, to  control  or  influence  production  or  prices  thereof  or  to  inter- 
fere   with    public    pood    and    general    welfare,    prohibited.       (Wyo. 

X  8.) 
Monopoly  or  exclusive  privilege  in   slaughtering  cattle  not  to  exist. 

(La.    276.) 

Holding   of    large    tracts    of    land,    uncultivated    and    unimproved,    is 

against    public    interest   and    to    be    discouraged   by    lawful    means. 

('Cat  XVII  2.) 
i.i  i. i-i  vn  be  to  Prevent  Certain 

Legislature   to   enact  laws   to   prevent   trusts,   monopolies   and   com- 
bination-  in   restraint   of  trade.      (N.M.   IV   38.) 
Legislature  to   pass  laws   preventing  trusts,   combinations  and  mon- 

opolies    inimical    to   public   welfare.      (Va.   XII    165.) 
Legislature  to  enact  laws  to  pr  vent  trusts    combinations,  contracts 
and    agreements    against    public    welfare.       (Miss.    VII    198;    S.C. 

IX  13.) 

Legislature  to  define  and  provide  for  punishment  of  persons  engaged 

in.   or  composing,   unlawful  combination,   monopoly,   trust,   act  or 

eement,   in    restraint    of  trade.      (Okla/V  44.) 

Legislature,  as   necessity  may  require,  shall  enact  laws  necessary  to 

prevenl    trusts,    pools,    combinations    or    other    organizations    from 

combining  to  depreciate  or  to  enhance  the  cost  of  any  article  below 

or  above   its   real   value.      (Ky.    198.) 


Index  Digest  1007 


MONOPOLIES  AND  TRUSTS    (Cont'd) 

Legislature  to  Prevent  Certain   (Cont'd) 

Legislature  to  provide  by  law  for  regulation,  prohibition  or  reason- 
able restraint  of  common  carriers,  partnerships,  associations, 
trusts,  monopolies  and  combinations  of  capital,  so  as  to  prevent 
making  articles  of  necessity,  trade  or  commerce  scarce  or  from 
increasing  unreasonably  the  cost  thereof  to  the  consumer,  or  pre- 
venting reasonable  competition   in   any  calling,   trade   or   business. 

(Ala.  IV  103.) 
Legislature   not  to  authorize   corporations   to  purchase  stock   in   or 
make  contracts   with   other   corporations  to   lessen   competition   or 
encourage  monopoly;   such  contracts  void.      (Ga.  IV  Sec.  II  4.) 

MORTGAGE  CORPORATIONS 

Corporations  formed  for  sole  purpose  of  lending  on  country  property  not 
to  receive  money  on  deposit  or  do  banking  business;  subject  to  super- 
vision of  examiner  of  state  banks.      (La.  230.) 

MOTOR  VEHICLES 

Legislature  to  provide  for  registration  of  automobiles  and  motor  vehicles 
and  provide  license  tax  for  their  use  and  act  No.  260  of  1914  ratified 

and  approved.      (La.  Amend.   1914.) 

MUNICIPAL  CORPORATIONS,    See  Municipalities. 
MUNICIPAL  DIVISIONS  OF  STATE,    See  Municipalities. 

MUNICIPAL  HOME  RULE 

Restrictions  on  Legislation  Affecting  Municipalities 

For  provisions   relating   to   control    by   state,  finances,   debt,   public 
utilities,  and  other  general  powers,  See  "  Counties  ",  "  Cities  ", 
"  Towns  ",    "  Villages  ",    "  Boroughs  ",    "  Municipalities  "    and 
"  Townships  ". 
Power  of  Municipality  to  Frame  Its  Charter 

Under  this  subhead  are  digested  provisions  relating  to  powers  of 
counties,  cities,  towns,  villages  and  munioipaiitiea  to  frame  their 
own  charters.  Where  a  section  relates  to  counties  or  to  a  specified 
city  it  is  so  indicated  in  the  citation. 
For  provision  relating  to  recall  by  voters  of  judicial  decision  holding 
any  provision  of  charter  unconstitutional,  See  Courts  —  Decisions. 
Power  Granted  to 

Any  municipality.     (Ohio  XVIII  7.) 
Voters  of  every  city  and  town.      (Ore.  XI  2.) 
Electors  of  each  city  and  siiiage.     (Mich.  VIII  21.) 
Any  city  or  village.     (As  only  right  granted  is  that  of  framing 
charter  for  its  own  government  "  as  a  city  ",  it  would  6eem  to 
applv  only  to  cities  and  prospective  cities,  and  not  to  villages.) 

(Minn.   IV   36.) 

People  of  city  and  county  of  Denver,  and  of  each  city  and  town 

with    population    of    2,000    as    determined    by    last    preceding 

census  taken  under  its  own  authority  or  that  of  United  states 

or  state.      (Col«.   XX   4.  6.) 


1008  Siati    Constitutions 


MUNICIPAL  HOME  RULE   (Cont'd) 

POWKB  ,„     MiMuni.rn    TO    Fbame  Its  Charter    (Cont'd) 
Power  Granted  to   (Cont'd) 

Any  city   with   population  more  than  2,000.      (Okla.  XVIII  3a.) 

Anj   city  with  a  population  more  than  3,500.      (Ariz.  XIII  2.) 

An3    (.in    ,„■  ,.,t.\    and   county   with   population   more  than  3,500 

accordii  Last    census    taken    under    authority    of    United 

States  or  of  legislature;      (Cal.  XI  3.) 

\nx    .-in    with    population   more   than   5,000.       (Nebr.    XIa   2; 

Tex.  XI  5.) 

\.a  i  ity  containing  20.000  inhabitants  or  more.     (Wash.  XI  10.) 

Citj  of  St.  Louis,  and  any  city  of  more  than  100,000  inhabitants. 

(Mo.  IX  16,  20.) 
An\    county    (but  provisions  of  this  section  do  not  apply  to  any 
count}  consolidated  with  a  city).    (Cal.  XI  7y2.) 
Nature  of  Power 

To  frame  (barter  for  its  own  government  consistent  with  and 
subject  to  constitution  and  laws  of  state.  (Ariz.  XIII  2; 
Mo!  IX  16,  20;  Nebr.  XIa  2;  Okla.  XVIII  3a;  Wash.  XI  10.) 
To  frame  charter  for  its  own  government,  consistent  with  and 
subject  to  constitution,  or,  having  framed  such  charter,  to 
frame  new  charter.  (Cal.  XI  1%,  county;  Cal.  XI  8.) 
Exclusive  power  to  make,  alter,  amend,  revise,  add  to  or  replace 
charter  which  shall  be  its  organic  law  and  extend  to  all  local 
and  municipal  matters.  After  filing  charter  framed  under 
provisions  of  this  article  city  or  town  may  provide  and  legis- 
late for  creation  of  municipal  offices,  agencies,  employments 
and  police  and  municipal  courts  and  for  the  powers,  duties  and 
jurisdiction  thereof  and  the  election,  appointment,  terms, 
qualifications,  etc.,  of  the  officers  thereof;  all  matters  pertain- 
ing to  municipal  elections;  municipal  debt;  park  and  water 
districts;  municipal  taxation;  and  fines  and  penalties  for 
violation  of  provisions  of  charter  or  ordinances.  Intention 
of  article  is  to  grant  to  people  of  all  municipalities  "  full  right 
of  self-government  in  both  local  and  municipal  matters ", 
and  enumeration  of  certain  powers  herein  not  to  be  construed 
to  deny  any  right  or  power  essential  to  full  exercise  of  such 

right.      (Colo.  XX  4,  6.) 
To   frame   charter   for   its   own   government   as   a   city   consistent 

with  and  subject  to  laws  of  state.      (Minn.  IV  36.) 
To  adopt    or  amend   charter  subject  to  constitution   and   general 
laws   of   state   and    to   such    limitations   as   may   be   prescribed 

by  the  legislature.  (Tex.  XI  5.) 
i  rider  general  laws.  1o  frame,  adopt  and  amend  charter,  and  to 
amend  existing  charter  heretofore  granted,  and  through  regu- 
larly constituted  authorities,  to  pass  all  laws  and  ordinances 
relating  to  municipal  concerns  of  the  city  or  village,  subject 
to  constitution  and  general  laws  of  state.  (This  section 
leaves  to  the  legislature  the  implied  duty  to  provide  the  pro- 
iurc   for   framing  a  charter.)      (Mich.  VIII  21.) 


I.ndkx    Digest  L009 


MUNICIPAL  HOME  RULE   (Cont'd) 

Power  of  MuNicnwi.i'n    to    Frame    Its   Chaktkk    (Cont'd) 
Nature  of  Power   (Cont'd) 

To  frame  and  adopt  or  amend  charter  for  its  own  government, 
and  subject  to  Will  3  (granting  authority  to  municipalities 
to  exercise  all  powers  of  local  self-government,  and  to  adopt 
and  enforce  within  their  limits  local  police,  sanitary,  etc., 
regulations  not  in  eonllict  with  general  laws),  to  exercise 
thereunder  all  powers  of  local  self-government.      (Ohio   Will 

7,  3.) 
To  enact  and  amend  municipal  charter,  subject  to  constitution 
and  criminal  laws  of  the  state,  and  the  exclusive  power  to 
license,  regulate,  control  or  to  suppress  or  prohibit  the  sale 
of  intoxicating  liquor  therein  is  vested  in  such  municipality; 
but  such  municipality  shall  within  its  limits  be  subject  to 
the  local  option  law  of  the  state.  (There  are  no  provisions  as 
to  procedure.    See  Initiative  and  Referendum.    Ore.  IV  la.) 

(Ore.  XI  2.) 
Board  to  Draft  Charter 
Number  of  Members 

Thirteen.      (Mo.   IX    1(1.  20,  22.) 

Fourteen.      (Ariz.    Mil    2.) 

Fifteen.      (Cal.    XI    71/j.    county,    8:    Minn.    IV    36;    Nebr. 

XIa  2,  3;  Ohio  XVIII  8;  Wash.  XI  10.) 
Twenty-one.      (Colo.    XX    4.) 
Two  from  each  ward.      (Okla.  XVJIl  3a.) 
Election 

City  may  cause  a  board  of  freeholders  composed  of  14 
qualified  electors  of  city  to  be  elected  at  large  by  qualified 
electors  at  general  or  special  election.  Election  may  be 
called  at  any  time  by  legislative  authority  of  city,  and 
shall  be  called  by  the  chief  executive  officer  within  10 
days  after  filing  with  him  a  petition  demanding  such 
election,  signed  by  a  number  of  qualified  voters  of  city 
equal  to  25  per  cent,  of  total  number  of  votes  cast  at  next 
preceding  general  municipal  election;  election  shall  be 
held    not    later    than    30    days    after    the    call    therefor. 

(Ariz.  XIII  2.  3.) 
County  may  cause  board  of  15  freeholders,  for  at  least  five 
years  qualified  electors,  to  be  elected  at  general  or  special 
election  in  pursuance  of  ordinance  adopted  by  three-fifth- 
vote  of  all  members  of  county  board  of  supervisors  to 
prepare  charter,  or  in  pursuance  of  a  petition  Bigned  by 
in  per  cent,  of  qualified  electors  of  county,  computed  on 
total  number  of  votes  cast  for  all  candidates  for  governor 
at  last  preceding  general  election  for  governor,  ami  filed 
in  office  of  county  clerk.  County  clerk  within  20  days 
after  filing  of  petition  shall  ascertain  from  registration 
of  electors  whether  petition  is  signed  by  requisite  number 
of  qualified  elector-,  ami   if  required   by  him  board  of  su- 


in  1"  State  <  'o.n.-titutions 


MUNICIPAL  HOME  RULE   {Confd) 

POWXB  OF   Mini*  ir.u.iTY  to  Frame  Its  Charter    (Cont'd) 
Board  to  Draft  Charter    (Cont'd) 
Election    (Continued) 

pervreors    .-hall    authorize    him    to    employ    assistants    in 
such    work    and    shall    provide    for    their    compensation. 
Clerk  shall  attach  to  petition  his  certificate  showing  re- 
Milt  of  examination  and  if  it  shall  appear  that  petition  is 
signed    by    requisite   number,   clerk   shall   present  petition 
to  board  of  supervisors.     Upon  adoption  of  ordinance  or 
presentation   of  petition  board  of  supervisors  shall  order 
special  election  of  board  of  freeholders  not  less  than  20 
days  nor  more  than  60  days  thereafter,  provided,  that  if 
a    general    election    shall    occur   within    such   period   said 
board   may   be   elected   at   such   general   election.      Candi- 
dates shall  be  nominated  by  petition  in  substantially  the 
same  manner  as  provided  by  general  law  for  the  nomina- 
tion of  county  officers.      (Cal.  XI  7^,  county.) 
Electors   shall   choose   board   of    15   freeholders   at   general 
•  or  special  election;  no  person  eligible  for  such  board  unless 
for  five  years  next  preceding,  an  elector  of  city;   election 
may  be  called  by   two-thirds  vote  of   legislative  body   of 
city,  and  on  petition  by  not  less  than  15  per  cent,  of  regis- 
tered electors,  legislative  body  shall  call  such  election  not 
less    than    30    nor    more   than    60    days    after    filing    of 
petition;    such  petition   shall  be  verified  by   authority   in 
charge  of  registration  records  of  city  or  city  and  county, 
expenses  of  which  verification  shall  be  provided  by  legis- 
lative body;   candidates  shall  be  nominated  either  in  the 
same  manner  as  municipal  officers  or  by  petition  substan- 
tially in  same  manner  as  provided  by  the  general  laws  in 
regard   to    public    offices   voted    for    at   general    election. 

(Cal.  XI  8.) 
Within  10  days  after  governor's  proclamation   of  adoption 
of  this  amendment,  council  of  city  and  county  of  Denver 
shall  by   ordinance   call   special  election,   to  be   conducted 
as   provided   by   law,    of   qualified   electors   for   election    at 
large  of  2*1  taxpayers,  qualified  electors  within  said  limits 
for  at  least  five  years.     (Colo.  XX  4.) 
City  may  cause  a  board  of  13  freeholders,  who  have  been 
for    at     least     five    years    qualified    voters    thereof,    to    be 
elected   by  the  qualified  voters  at  general  or  special  elec- 
tion.     (Mo.  IX  16.) 
Council  of  citj  and  county  court  of  county  of  St.  Louis  shall 
al   request  of  mayor  of  St.  Louis  meet  in  joint  session  and 
order  an  election,  to  be  held  as  provided  for  general  elec- 
tions, by   qualified   voters  of  city  and  county,  of  a  board 
of    13    freeholders  of   such   city  or   county.     Lawmaking 
authorities   of   city   may   order  election    of   board    of    13 
freeholders    (to  prepare  a   subsequent  charter).     (Mo.  IX 

20,  22,  St.  Louis.) 


l\Di:\     DlOEST  1(111 


MUNICIPAL  HOME  RULE    (Cont'd) 

Power  of  Municipality  to  Frame  Its  Charted   (Cont'd) 
Board  to  Draft  Charter    (Cont'd) 
Election    (Continual  | 

City  may  cause  convention  <>f  L5  freeholders  who  have 
been  live  years  qualified  electors  to  be  elected  bj  qualified 
voters  at  genera]  or  special  election  to  be  called  through 

a  special  election  ordinance,  wh ver  question  of  charter 

convention    lias   been    submitted   ami   carried    by    majority 
of  electors  voting  1  hereon.      (Nebx.  XIa   -!.    L) 

Provision  shall  he  made  (on  ballot  by  which  the  question 
is  submitted  whether  commission  -hall  he  chosen  to  frame 
charter)  for  election  at  large  of  15  electors  to  consti- 
tute commission  to  frame  charter,  providing  question  is 
answered  in  affirmative.      (Ohio  XVIII  8.) 

City  may  cause  a  hoard  of  freeholders  composed  of  two 
from  each  ward,  qualified  electors,  to  lie  elected  at  any 
general  or  special  election.  Election  may  he  called  at 
any  time  by  legislative  authority  of  city,  and  shall  he 
called  by  chief  executive  officer  of  city  within  10  days 
after  filing  with  him  a  petition  demanding  such  election, 
signed  by  a  number  of  qualified  elector-  equal  to  25  per 
cent,  of  total  number  of  votes  at  next  preceding  general 
municipal  election.  Election  shall  lie  held  not  later  than 
30  days  after  call  therefor.     (Okla,  XVIII  3a  and  b.) 

Legislative  authority  of  city  may  cause  election  to  lie  had 
at  which  qualified  electors  shall  choose  15  freeholders 
who  have  been  residents  for  at  least  two  years  preceding. 
and  qualified  electors.      (Wash.   XI    10.) 

Appointment 

Legislature  shall  provide,  under  such  restrictions  as  it 
deems  proper,  for  a  board  of  15  freeholders,  who  are 
and  for  past  five  years  have  been  qualified  voters,  to  be  ap- 
pointed by  district  judges  of  judicial  district  in  which 
situated,  for  term  not  to  exceed  six  years;  hoard  shall  be 
permanent,  and  vacancies  by  death,  disability  to  perform 
duties,  resignation  or  removal  from  corporate  limit-,  or 
expiration  of  term  of  office  -hall  he  filled  l>\  appointment 
in  same  manner  as  original  hoard,  and  board  -hall  alwaj  - 
contain   full  complement    of  members.      (Minn.    IV   36.) 

Duties  of  Board 

Board  of  freeholders  shall  within  90  days  prepare  ami   propose 

a    charter.       |  Ariz.    MM    2:    <>kla.    Will    3a.) 
Hoard   shall    within    12Q   days   after   result   of  election    i-   declared 
prepare  and   propose   a    charter.       Ha!.    \l    7  '  •_. .   county.) 

Board  shall  within  120  day-  after  resull  of  election  is  declared, 
prepare   and    propose   charter,   hut    said    period    may    with    con 
sent  of  legislativi    bodj    of  citj    he  extended  by  hoard  for  not 
more  than  60  days,      (Cal.  XI  8.) 


lull'  St  ATI-:   Constitutions 


MUNICIPAL  HOME  RULE    [Cont'd) 

Poweb  "i     Mi  mi  ii'Aiin    to    I'kame  Its  Charter    (Cont'd) 
Duties  of  Board  (Cont'd) 

The  2]   taxpayers  shall  constitute  charter  convention  to  frame 
charter  within  60  days  after  election;  ordinance  calling  elec- 
tion shall  ii\  time  and  place  <>f  convention.     (Colo.  XX  4.) 
Board  shall  with  six  months  after  appointment  return  to  chief 
magistrate  of  city  or  village  draft  of  charter.     (Minn.  IV  3-6.) 
Board  of  freeholders  shall  within  90  days  after  election  return 
t..  chief  magistrate  of  city  a  draft  of  charter.      (Mo.  IX   16.) 
rd   of   freeholders  shall    (within  90  days  after  its  election) 
ropose   a    scheme    for   the   enlargement   and   definition   of  the 
boundaries  of  the  city,  the  reorganization  of  the  government 
of   the   county,    the   adjustment   of   the   relations   between   the 
:,    thus  enlarged   and   the  residue  of  St.  Louis  county,  and 
the  government  of  the  city  thus  enlarged  by  a  charter.    (As  to 
subsequent  charters  only  provision  is  that  board  of  freeholders 
shall  prepare  a  new  charter.)     (Mo.  IX  20,  22,  St.  Louis.) 
Convention   ~lia  1 1   within   four  months  after  election  prepare  and 
propose  a  charter  with  a  prefatory  synopsis.      (Nebr.  XIa  2.) 
Provision    for   election   of    15   electors   to   constitute   a   commis- 
si..n  to  frame  charter,  charter  to  be  submitted  to  vote  within 
one  year  after  election  of  commission.     (Ohio  XVIII  8.) 
Freeholders  shall  convene  within  10  days  after  election  and  pre- 
pare and  propose  charter.      (Wash.  XI  10.) 
Election  on  Question  Shall  New  Charter  Be  Framed 

At  election  of  board  to  frame  charter  a  vote  shall  be  taken  on 
question  whether  further  proceedings  toward  adopting  charter 
shall  be  had  in  pursuance  of  call,  and  unless  majority  of  quali- 
fied electors  voting  thereon  shall  vote  to  proceed  further  no 
further  proceedings  shall  be  had  and  all  proceedings  thereto- 
fore had   shall   be   of  no  effect.      (Ariz.   XIII   3;    Okla.   XVIII 

3b.) 

Proposals    for    charter    contentions   shall    be    submitted    by    city 

council,  board  of  trustees  or  other  legislative  body  at  general 

or    special    election,    upon    petition    in    reasonable    conformity 

with  sect  inn  S  of  same  article,  and  all  proceedings  thereafter 

Lai]    he    in    reasonable   conformity   with   sections   4   and   5   of 

same  article.     (Colo.  XX  6.) 

Proposal  for  charter  convention  may  be  made  by  law-making  body 

"f   '">    or    by   qualified   electors   in    number   not   less   than    5 

I'*1'  '•'",-  of  the  ne\t   preceding  gubernatorial  vote  in  city,  by 

petition  filed  with  council  of  governing  authorities,  who  shall 

BubmM    same   to   vote  of  qualified  electors  at  next  generator 

ial     election     not    held    within    30    days    after    petition 

■   filed.      Whenever1  question   of  charter  convention   is  carried 

bj   majoritj   voting  thereon  convention  shall  be  called  through 

pedal  election  ordinance.      (Nebr.  XIa  2,  4.) 

Jlativi    authority  of  any  citj    or  village  may  by  vote  of  two- 

",N  "f  '''     members,  and  shall  on  petition  of  10  per  cent,  of 


Index  Digest  1013 


MUNICIPAL  HOME  RULE   (Cont'd) 

Power  of  Municipality  to  Frame  Its  Charter    (Cont'd) 

Election  on  Question  Shall  New  Charter  Be  Framed   (Cont'd) 

electors,  provide  by  ordinance  for  submission  t<>  electors  of 
question  "  Sliall  a  commission  be  chosen  to  frame  a  charter  ". 
Ordinance  sliall  require  that  question  be  submitted  at  next 
regular  municipal  election  if  not  less  than  00  nor  more 
than  120  days  after,  otherwise  shall  provide  for  submission 
at  special  election  called  and  held  within  said  time.  Ballot 
shall  contain  no  party  designation,  and  provision  sliall  be 
made  thereon  for  election  of  commission  to  frame  charter, 
provided  majority  of  electors  voting  on  question  vote  in  atlirma- 

tive.     (Ohio  Will  8.) 
Procedure  Prior  to  Vote  on  Charter 
Draft  to  be  Ki</>i<<l  mid  Returned 

Signed  in  duplicate  by  members  of  hoard  or  a  majority  of 
them  and  one  copy  tiled  with  chief  executive  officer  of  city 
and  other  with  county  recorder  or  register  of  deeds.     (Ariz. 

XIII  2;  Okla.  XVI 1 1  :ia.) 

Signed  in  duplicate  by   members  of  hoard  or  a  majority  of 

them  and  filed,  one  copy  in  office  of  county  clerk  and  other 

in  office  of  county  recorder.      (Cal.  XI  7%,  county.) 

Signed   by   majority   of   board   and   tiled    with   clerk   of  lrgis- 

lative  body  of  city.      (Cal.  XI  S.) 
Proposed  charter  with  prefatory  synopsis  shall  be  signed  by 
officers    and    members    of    convention,     and     delivered     to 
clerk  of  city  and  county.      (Colo.   XX   4.) 
Signed  by  members  of  board   or  a  majority  and  returned  to 

chief  magistrate.     (Minn.  IV  36. 1 
Signed  by  members  of  board  or  a  majority  of  them  and  re- 
turned to  mayor  within  90  days  after  election  of  board. 

(Mo.   IX   lti.  i 

Scheme  and  charter  shall  be  signed  in  duplicate  by  said  board 

or  a  majority  of  them,  and  one  copy  returned  to  mayor 

and  other  copy  to  presiding  judge  of  county  court,  within 

90  days  after  election  of  board.      (Mo.  IX  20,  St.  Louis.) 

Proposed   charter   and   prefatory   synopsis   shall    be   sinned   by 

officers   and    members    of    convention    or   majority    thereof. 

and  delivered   to  clerk  of  city.      (Xebr.    Xla   2.) 

Publication 

In  one  or  more  newspapers  published  and  of  general  circula- 
tion in  city  for  at  least  21  days  if  in  a  daily  paper,  or  in 
three  consecutive  issues  if  in  a  weekly  paper,  first  publi- 
cation be  made  within  20  days  after  completion  of  pro- 
posed charter.  (  Ariz.  XTII  2;  Okla.  XVIII  3a.) 
Board  of  supervisors  shall  publish  proposed  charter  at  least 
10  times  in  daily  newspapers,  printed,  published  and  of 
general  circulation  in  county,  provided  that  in  county 
where  no  such  newspaper  is  published  charter  shall  be 
published  at   least  three  times  in  at  bast  one  weekl\    news- 


1014  State  Constitutions 


MUNICIPAL  HOME  RULE   {Cont'd) 

Poweb  OF    Mi  m.  ii-u.ity  to  Fbamb  Its  Charter    {Cont'd) 
Procedure  Prior  to  Vote  on  Charter  {Cont'd) 
Publication    {Cont'd) 

paper,  printed,  published  and  of  general  circulation  in 
county,  and  provided  that  in  any  county  where  neither 
guch  paper  is  printed,  a  copy  of  charter  shall  be  posted 
bj  countj  clerk  in  three  public  places  and  on  or  near 
entrance  to  at  hast  one  public  school  in  each  school  dis- 
trict. The  first  publication  or  posting  shall  be  made 
within    15   days  after   filing  of  copy   in  office  of   county 

clerk.  (Cal.  XI  7%,  county.) 
Legislative  body  of  city  within  15  clays  after  filing  shall 
cause  charter  to  be  published  once  in  official  paper  of 
city  or.  if  no  such  paper,  in  a  paper  of  general  circula- 
tion, and  shall  chum-  copies  to  be  printed  in  convenient 
pamphlet  form  and  shall,  until  date  fixed  for  election, 
advertise  in  one  or  more  papers  of  general  circulation 
published    in    city    notice    that    copies    may    be    had    upon 

application.      (Cal.  XI  8.) 

(h-rk  of  city  and  county  shall  publish  charter  and  prefatory 

nopsis    in    full    with    his   official   certification    in    official 

newspaper    of   city    and    county    three   times    and   a   week 

apart.  (Colo'.  XX  4.) 
City  clerk  shall  publish  proposed  charter  and  prefatory 
synopsis  in  full  with  his  official  certification  in  official 
paper  of  city  if  there  be  one,  and  if  there  be  no  official 
paper  then  in  at  least  one  newspaper  published  and  in 
genera]    circulation    in    city,    three    times    a    week    apart. 

(Nebr.  XIa  2.) 
Proposed  charter  shall  be  published  in  two  daily  newspapers 
published   in  city  for   at   least   30  days   prior   to   day   of 
submitting  to  electors.      (Wash.  XI   10.)     . 
Cop/i  to  Each   Voter 

Not   less  than    30   days   prior   to   election   clerk   of   munici- 
pality shall  mail  copy  of  proposed  charter  to  each  elector 
whose  name  appears  on  poll  or  registration  books  of  last 
regular  or  general  election.     (Ohio  XVIII  8.) 
Ratification  and  Approval 

How  and  Winn  Submitted  to  Vote 

W  iihin  30  days  and  not  earlier  than  20  days  after  publica- 
tion, charter  shall  be  submitted  to  vote  of  qualified 
electors  of  city  al  general  or  special  election.     (Ariz.  XIII 

2;  Okla.  XVIII  3a.) 
<  lharter  -hall  be  submitted  by  hoard  of  supervisors  to  electors 
al  Bpecial  election  held  nnt  less  than  30  nor  more  than 
60  days  after  completion  of  publication  or  posting, 
provided,  thai  if  general  election  shall  occur  within  such 
period  charteT  may  he  submitted  at  such  general  election. 

(Cal.  XI  7Yz,  county.) 


Index  Digest  1015 


MUNICIPAL  HOME  RULE   (Cont'd) 

Power  of  Municipality  to   Frame   Its  Ciiautku    [Cont'd) 
Ratification  and  Approval   (Cont'd) 

Hon-  (mil  When  Submitted  to   Vote   (Cont'd) 

Shall  be  submitted  to  electors  al  date  fixed  bj  the  board  of 
freeholders  before  such  filing  and  designated  on  charter, 
either  at  special  election  not  less  than  GO  days  from 
completion  of  publication  or  at  general  election  next 
following  expiration  of  said  60  days.     (Cal.   \l  8.) 

Ordinance  calling  electi E  charter  convention  shall  li\  time 

for  vote  on  proposed  charter  not  less  than  30  HOT 
more  than  GO  days  alter  its  delivery  to  clerk;  clerk  shall 
publish  with  first  publication  of  charter  call  for  special 
election  to  approve  or  reject  charter.     (Colo.  XX  4.) 

Shall  he  submitted  to  qualified  voters  at  the  aexl  general 
election  thereafter.     (.Minn.   IV  36.) 

Within  30  days  after  board  returns  draft  to  chief  magis- 
trate, proposed  charter  shall  he  submitted  to  qualified 
voters,  at  general  or  special  election.     (Mo.  IX   16.) 

Within  30  days  after  hoard  returns  draft  of  Bcheme  and 
charter  the  city  council  and  county  court  shall  submit  such 
scheme  to  the  qualified  voters  of  the  whole  county  and 
such  charter  to  the  qualified  voters  of  the  city  so  enlarged, 
at  an  election  to  be  held  not  less  than  20  nor  more 
than  30  days  after  the  order  therefor.  A  subsequent 
charter  shall  be  submitted  at  an  election  held  not  less 
than  20  nor  more  than  30  days  after  the  order  therefor. 

(Mo.  IX  20,  22,  St.  Louis.) 

Within  not  less  than  30  days  after  publication  charter 
shall  be  submitted  to  qualified  electors  at  general  or 
special  election.      (Nebr.  XIa  2.) 

Charter  so  framed  shall  be  submitted  to  electors  at  election 
held  at  time  fixed  by  commission  and  within  one  year  from 
date  of  its  election,  provision  for  which  shall  be  made  by 
the  legislative  authority  of  the  municipality  in  so  far  as 
not  provided  by  general  law.     (Ohio  XVI II  S.) 

Proposed   charter   shall   be   submitted    to   qualified    electors. 

(Wash.    XI    10.) 
Manner  and  Effect 

If  a  majority  of  qualified  electors  noting  thereon  ratify 
charter,  it  shall  be  submitted  to  the  governor  for  his  ap 
proval  and  the  governor  shall  approve  it  if  it  is  not  in  con 
flict  with  constitution  and  laws  of  state.  Upon  approval 
charter  shall  become  organic  law  of  eitj  and  supersede 
an\  charter,  then  existing  and  all  amendments  thereto,  and 
all  ordinances  inconsistent  with  new  charter.      (Ariz.  XIII 

2;  Okla.  XVIII  3a.) 

If  majority  of  electors  voting  thereon  vote  in  favor  of 
charter  it  shall  be  deemed  ratified  and  shall  be  submitted 
to  legislature,   if   in   session,  or   at    it-   next    regular  or   ex- 


U)lt;  State  (  constitutions 


MUNICIPAL  HOME  RULE   (Cont'd) 

Powkb  01    MiNHH'M.uv  to  Frame  [ts  Chabteb   (Cont'd) 
Ratification  and  Approval    [Cont'd) 
Manner  m  '  ont'd) 

traordinarj   session,  for  approval  or  rejection  as  a  whole 
without  power  of  alteration  or  amendment.    Such  approval 
shall  1"'  made  !■>  concurrent  resolution,  and  if  approved  by 
majority  of  members  elected  to  each  house  it  shall  become 
charter  and  organic  law  and  supersede  existing  charter  and 
:,ll  laws  inconsistent.     (Cal.  XI  TV-;,  county,  XI  8.) 
[f  approved  by  majority  of  those  voting-  thereon  two  copies 
together  with  vote  for  and  against,  certified  by  clerk,  shall 
be  filed  with  secretary  of  state  within  10  days  after  vote 
and  shall  thereupon  be  charter  of  city  and  county  of  Den- 
ver.    (Colo.  XX  4.) 
Bj  majoritj  vote  of  the  qualified  voters  of  city.    (Tex.  XI  5.) 
1 1  four-sevenths  of  qualified  voters  voting  at  election  ratify, 
shall    at    end    of    30    days    thereafter    become    charter 
of  such  . ■  1 1 y   or  village  as  a  city  and  supersede  any  exist- 
in,"    charter    and    amendments,    provided    that    in    cities 
having  patrol   limits  now  established,  such  charter   shall 
require  a  three-fourths  majority  vote  of  qualified  electors 
voting  at   election  to  change  such  limits.      (Minn.  IV  36.) 
It    four-sevenths   of   qualified    voters   voting   at    the  election 
ratify     the    charter,    it    shall,    at    the    end    of    30    days 
thereafter,  become  the  charter  of  such  city  and  supersede 
an\  existing  charter  or  amendments  thereof.     (Mo.  IX  16.) 
It   majority  of  qualified  voters  voting  at  such  election  shall 
ratifj    scheme   and    charter   then    scheme    shall   become  the 
organic  law  of  the  county  and  city,  and  charter  the  organic 
law    of   the  city,   and   at   the   end   of   60   days   thereafter 
shall    take    the    place    of    and    supersede    the    charter    of 
St.  Louis  and  all  amendments  thereof,  and  all  special  laws 
relating  to  St.  Louis  county  inconsistent  with  such  scheme. 

(Mo.  IX  20,  22,  St.  Louis.) 
[f  majority  of  qualified  voters  voting  thereon  ratify  charter 
it  -hall  at  end  of  tin  days  thereafter  become  the  charter 
of  city  and  supersede  any  existing  charter  and  all  amend- 
ments thereof.  (Nebr.  \la  2.) 
It  eharter  is  approved  bj  majority  of  electors  voting  thereon 
it    Bhall    become    charter    at    time    fixed    therein.      (Ohio 

XVIII   8.) 
If   majoritj    of   qualified    electors   voting   thereon   ratify,   it 
shall   become  charter  and  organic  law  and  supersede  any 
ting  charter  and   amendments,  and  all   special  laws  in- 
consistent.     (Wash.  XI  10.) 
\li>  rnativt  s 
submitting  any   charter  or  amendment,   any  alternative 
article    or    proposition    maj    be    presented    and    voted    on 
ratelj    without    prejudice   to   others.      (Cal.   XI   7%, 
com, iv  ;  Colo.  \\  5;  Wash.  \1  10.) 


!m»i:\    Digest  H» 


MUNICIPAL  HOME  RULE   (Cont'd) 

Power  of  Mtjnicbpamtt  to   Frame   Its  Charteb    [Cont'd) 
Ratification  and  Approval   (Cont'd) 

Submission  of  Alternatives  {Cont'd) 

In  submitting  any  charter  or  amendment  any  alternate 
article  or  section  maj  be  presented  and  voted  on  separately 
without  prejudice  to  others.      (Minn.   IV  36 ;   Mo.  IX  17; 

Nchr.  XIa  4.) 
In  submitting  any  charter  or  amendment  separate  proposi- 
tions, whether  alternative  or  conflicting  or  one  included 
within  the  other,  may  lie  submitted  at  same  time  to  be 
voted  on  separately,  and  as  between  those  so  related  if 
more  than  one  receive  majority,  proposition  receiving 
larger  number  of  votes  shall  control  as  to  all  matters  in 

conflict.     (Cal.  XI  8.) 
Rejection  and  Subsequent  Submission 

If  charter  is  rejected,  then  within  30  days  thereafter  21  mem- 
bers of  new  charter  convention  shall  lie  elected  at  special 
election  to  be  called  as  before,  who  shall  frame  a  charter 
which  shall  be  published  ami  submitted  in  like  manner; 
if  again  rejected,  procedure  shall  he  repeated  (each  special 
election  being  within  30  days  after  each  rejection)  until 
a  charter  is  approved  and  certified,  whereupon  it  shall  become 
the  charter  and  organic  law  of  the  city  and  county  and  super- 
sede existing  charters  and  amendments.  Note:  this  provision 
probably  relates  only  to  first  charter.  (Colo.  XX  4.) 
If  charter  is  rejected,  then  within  six  months  mayor  and  council 
or  governing  authority  may  call  special  election  of  15  mem- 
bers of  new  charter  convention;  if  again  rejected  this  pro- 
cedure may  be  repeated  until  a  charter  is  finally  approved 
by  majority  of  those  voting  thereon.  Members  of  each  such 
charter  convention  shall  be  elected  at  large  and  shall  com- 
plete labors  within  60  days  after  their  election.  (ISTebr.  XIa  3.) 
Procedure  Subsequent  to  Ratification  and  Approval 
Copy  to  he  Authenticated  and  Filed 

Duplicate-  certificates  setting  forth  charter  and  its  ratifica- 
tion shall  be  signed  by  chief  magistrate  of  city  and  au- 
thenticated by  its  corporate  seal:  one  copy  shall  be  de- 
posited in  office  of  secretarj  of  state,  and  the  other  shall 
be  recorded  ami  deposited  in  archives  of  the  city.  (Ariz. 
Mil  -2;  Minn.  IV  36;  Mo.  IX  16;  Okla.  XVIII  3a.) 
Duplicate  copies  of  charter,  certified  and  authenticated  by 
chairman  and  clerk  of  board  of  supervisors,  under  seal  of 
board  and  attested  by  county  clerk,  setting  forth  submis- 
sion and  ratification,  shall  be  made  after  approval  by 
legislature;  one  shall  be  tiled  in  office  of  secretary  of  state 
and  other  shall  be  recorded  and  filed  in  office  of  county 
clerk.  (Cal.  XI  7%,  county.) 
One  copy  shall  be.  filed  with  secretary  of  state,  one  with 
recOrder   of    county    ami    one    in    archives   of   city.       (Cal. 

XI  8.) 


lq18  State  Constitutions 


MUNICIPAL  HOME  RULE    (Cont'd) 

,,,wl, ;  ,„     Mnu.ru.nv   ro    Fbakb  Its  Chart**    (Contd 

Procedure  Subsequent  to  Ratification  and  Approval    (Contd) 
Cow  to  be  Authenticated  and  Filed   (Cont'd) 

|U1,  copies  of  charter,  if  approved  (together  with  vote  for 
and  against),  certified  by  clerk  shall  within  10  days  after 
vote   be    filed    with    secretary    of    state.      (Colo.    XX    4.) 

DupHcate  copies  of  scheme  and  charter,  with  certificate 
appended,  signed  by  mayor  and  presiding  justice  of  county 
court  and  authenticated  by  city  and  county  seals,  setting 
forth  the  submission  and  ratification  of  scheme  and 
charter,  shall  he  made;  one  shall  be  deposited  in  office  of 
secretary  of  state  and  other  shall  be  recorded  and  de- 
posited  anmng  archives  of  city.      (Mo.  IX  21,  St.  Louis.) 

DupHcate  certificates  setting  forth  charter  and  its  ratifica- 
tion together  with  the  vote  for  and  against  shall  be  made 
and  certified  by  city  clerk  and  authenticated  by  corporate 
sea]  ,,,'  city;  one  copy  shall  be  filed  with  secretary  of 
state  and  the  other  deposited  among  the  archives  of  city, 
and  shall  thereupon  become  and  be  the  charter  of  city. 
(Inconsistent  with  provision  under  Ratification  and 
Approval-     Manner  and  Effect.)      (Nebr.  XIa  2.) 

i  opj  of  charter  or  amendment  shall  be  certified  to  secretary 
of   state   within   30   days   after   referendum   vote.      (Ohio 

XVIII  9.) 

Judicial  Notice 

All  courts  shall  take  judicial  notice  of  charter  after  copies  have 
been  authenticated  and  filed.  (Ariz.  XIII  2;  Cal.  XI  7%, 
county,   8;    Minn.    IV   36;    Mo.    IX    16,   21,    St.   Louis;    Okla. 

XVIII  3a.) 

Contents  of  Charters 

Mandatory  Provisions 

Charter  shall  provide:  (1.)  For  constitution,  regulation  and 
government  of  boards  of  supervisors,  and  election,  terms, 
compensation  and  number  of  members  thereof.  (2.)  For 
election  or  appointment,  terms  and  compensation  of 
sheriffs,  county  clerks,  treasurers,  recorders,  license  and 
tax  collectors,  public  administrators,  coroners,  surveyors, 
district   attorneys,  auditors,  assessors  and  superintendents 

of    scl I-.       (3.)     For    election    and    appointment,    terms, 

compensation  and  number  of  justices  of  the  peace  and 
constables,  or  of  judges  and  other  officers  of  such  inferior 
courts  as  ma\  he  provided  by  constitution  or  general  law. 
I  for  powers  and  duties  of  all  county  officers  for  their 
removal  and  the  filling  of  vacancies,  and  for  consolidation 
and  segregation  of  county  offices,  provided  that  provisions 
of  charters  relating  to  powers  and  duties  of  county  officers 
-hall  be  Bubjed  to  and  controlled  by  general  laws. 
i  I  ' ..  .i  I'm  assumption  and  discharge  by  county  officers 
of  certain  municipal  functions  of  cities  and  towns  whenever 


Index  Digest  1019 


MUNICIPAL  HOME  RULE   (Cont'd) 

Power  of  Municipality  to  Frame   Its  Charter    (Cont'd) 
Contents  of  Charters   (Cont'd) 

Mandatory  Provisions    (Cont'd) 

the  discharge  bj  county  officers  of  such  municipal  functions 
is  authorized  by  general  law  or  by  the  city  or  town 
charter.  (5.)  For  fixing  and  regulation  by  ordinance  of 
board  of  supervisors,  of  appointment  and  aumber  of  as- 
sistants and  other  employees  in  the  several  county  offices 
and  of  the  powers,  duties,  qualifications,  compensation, 
terms  and  manner  of  appointment  and  removal  of  such 
persons.  (G.)  For  compensation  or  fixing  by  board  of 
supervisors  of  compensation  of  such  fish  and  game 
wardens,  probation  and  other  olliccrs  as  may  he  provided 
by  general  law.      (Cal.  XI  71/2  county.) 

Charter  shall  designate  officers  who  shall  perform  duties  of 
county  officers;  provide  that  departments  of  fire  and  police 
and  of  public  utilities  and  works  shall  be  under  such 
civil  service  regulations  as  charter  shall  provide;  and 
provide  for  continuing,  amending  or  repealing  ordinances 
of  city  and  county.  (The  above  provisions  probably  are 
applicable  only  to  city  and  county  of  Denver.)  Charter 
shall  provide  for  reference  on  petition  therefor  of  measures 
passed  by  council  to  vote  of  electors  and  for  initiative 
by   electors   of  ordinances   by   petition.      (Colo.    XX   2,   3, 

4,  5.) 

Charter  shall  provide  for  mayor  or  chief  executive  and  two 
houses  of  legislation,  one  of  which  shall  be  elected  by 
general  ticket.  (Sec.  22  of  same  article  requires,  how- 
ever, that  subsequent  charters  of  St.  Louis  shall  provide 
for  a  chief  executive  and  at  least  one  house  of  legislation 
to    be    elected    by    general    ticket.)        (Mo.    IX     17,    20, 

St.  Louis.) 

In  adjustment  of  relations  between  city  and  county  city 
shall  assume  entire  park  tax,  and  in  consideration  of  city 
becoming  proprietor  of  all  county  buildings  and  property 
within  the  enlarged  limits,  it  shall  assume  the  whole  ex- 
isting county  debt,  and  thereafter  city  and  county  of  St. 
Louis  shall  be  independent  of  each  other.  City  shall  be 
exempted    from    all    county    taxation.       (Mo.    IX    23.    St. 

Louis.) 

Charter  shall  provide  for  mayor  or  chief  magistrate,  and  a 
legislative  body  of  either  one  or  two  houses;  if  of  two 
houses  at  least  one  to  he  elected  by  general  vote.      (Minn. 

IV  36.) 

Charter  shall  provide  for  continuing,  amending  or  repealing 
city  ordinances.      (  Xebr.    Xla    3.) 
Optional  Pro  v  is  ions 

Cities  and  towns  hereafter  organized  under  charters  framed 
and   adopted   under   this   constitution   are  hereby  empow- 


[030  S    mi    Constitutions 


MUNICIPAL  HOME  RULE    [Cont'd) 

lK  ,,,    \|iM,ii'\im    to   Fbame   Its  Charter    (Cont'd) 
Contents  of  Charters   [('out''/) 
Optional  Provisions  I  Cont'd) 

l.    and    cities    and    towns    heretofore    organized    may 
amend  their  charters  so  as  to  become  likewise  empowered 
to  make  and   enforce  all   laws  and   regulations  in  respect 
to    municipal    affairs,    Bubject    only    to    the    restrictions 
imposed  by  their  charters,  and   in  respect  to  other  mat- 
ter-  ihe\    shall    be   subjecl    to   and   controlled   by   general 
law-.     (  ities  and   towns  may  in  charter  provide  for  per- 
formance    by    county    officers    of    certain    municipal    func- 
tion- whenever  the  discharge  of  such  municipal  functions 
by   county   officers    is   authorized   by  general   laws   or   by 
provisions  of  a  county  charter  framed  and  adopted  under 
thi-  constitution.      Mai.   XI  6.) 
Charter  of  count}    may  provide  for  offices  other  than  those 
required    by   constitution   and   laws,   or   hereafter   created 
l.\    constitution   or  general  laws  or  for  creation  of  such 
offices    ly    board    of   supervisors;    for   the   election   or   ap- 
pointment, terms  and  compensation  of  such  officers  or  for 
fixing  of  compensation  by  boards  of  supervisors;   for  the 
formation,    organization,    government,    powers    and    juris- 
diction  of   road   districts   and  highway  construction  divi- 
Bions,   and    for   the   inclusion   therein   of   any   incorporated 
city  or  town  or  part  thereof  by  ordinance  and  assent  of 
majority    of   qualified   electors;    for   the   incurring   of    in- 
debtedness  and    levying  of  taxes  for   such  purposes,   pro- 
vided    that    such    provisions    shall    be    subject   to    special 
regulations   and   conditions  as  may  be  imposed  by  legis- 
lature.     (Cal.  XI  7%,  county.) 
Charier    may    provide    that    municipality    may    make    and 
enforce  all   laws   and   regulations  in  respect  to  municipal 
affairs,    Bubjed    onlj    to  restrictions   and   limitations   pro- 
vided  therein,  and   in   respect  to  other  matters  it  shall  be 
Bubjeci   to  general  laws.     Charter  may  provide  for  division 
of  city  or  city  and  county  info  boroughs  or  districts  and 
that  each  borough  or  district  may  exercise  such  general  or 
l\   municipal    powers  and   in  such  manner  as  charter 

provides.      (Cal.  XI  S.) 

rter  for  city  or  city  and  county  framed  under  section  S 

'Ins  article  may  provide:      (1.)    For  the  establishment. 

regulation,    government    and    jurisdiction    of    police    and 

QUnicipal    curls    and    for    the   election,   terms,    qualifiea- 

tnd  compensation  of  judges  of  such  courts,  provided, 

nunicipal    courts    shall    never    be    deprived    of    the 

-diction  given   inferior  courts  created  by  general  law. 

,M"  :|  municipal  curt   has  been  established  there  shall 

1 M,"r  court  inferior  to  superior  court,  and  all  mat- 

-  pending  i„  inferior  cuds  within  said  territory  shall 


Index  Digest  1021 


MUNICIPAL  HOME  RULE   (Cont'd) 

Power  of  Municipality  to  Fkamk  Its  Charter    (Cont'd) 
Contents  of  Charters  ( Cont'd) 
Optional  Provisions   (Cont'd) 

become  pending  in  municipal  court.  (2.)  For  the  election, 
terms,  qualifications,  compensation  and  number  of  mem- 
bers of  boards  of  education.  (3.)  For  the  terms  and 
election  or  appointment  of  boards  of  police  commissioners 
and  for  the  constitution,  regulation,  compensation  and 
government  of  such  boards  and  of  municipal  police  force. 
(4.)  For  the  holding  of  municipal  elections  and  the  elec- 
tion or  appointment  and  terms  of  members  of  boards  of 
election,  and  for  constitution,  regulation,  compensation 
and  government  of  such  boards  and  their  employees,  and 
for  all  expenses  incident  to  any  election.  Plenary  author- 
ity is  granted  to  cities  or  consolidated  cities  and  counties 
to  provide  for  manner  in  which,  method  by  which,  times 
at  which  and  terms  for  which  county  and  municipal  offi- 
cers and  employees,  whose  compensation  is  paid  by  city 
or  by  city  and  county,  except  judges  of  superior  court, 
shall  be  elected  or  appointed,  and  for  their  recall,  re- 
moval, compensation  and  assistants.  All  such  provisions 
of  any  charter  heretofore  adopted  and  which  are  in  ac- 
cordance herewith  are  hereby  confirmed  and  declared  valid. 
(5.)  For  separation  of  any  city  of  population  more  than 
50,000  from  county,  and  its  formation  into  a  consolidated 
city  and  county.  Any  such  city  may  frame  charter  for 
such  city  and  county  government  within  prescribed  terri- 
torial boundaries,  including  contiguous  territory  in  same 
county,  but  not  now  included  in  said  city.  (Full  and 
detailed  provision  is  made  for  the  submission  in  form 
prescribed  and  for  securing  the  consent  of  majority  of 
electors  of  all  incorporated  cities  and  towns  or  unincor- 
porated territory  affected  and  for  the  apportionment  of 
debts  and  liabilities.)  (6.)  For  annexing  to  any  con- 
solidated city  and  county  contiguous  territory  in  one  or 
more  counties,  provided  that  all  such  territory  was  at  the 
time  of  the  original  consolidation  of  the  annexing  city 
and  county  within  the  county  from  which  such  annexing 
city  and  county  was  formed  together  with  territory  then 
or  since  joined  in  a  county  government  with  the  area 
of  the  original  county  not  included  in  such  consolidated 
city  and  county.  (Full  and  detailed  provision  is  made 
for  the  submission  in  form  prescribed  and  for  securing 
the  consent  of  majority  of  the  electors  of  all  incorporated 
cities  and  towns  or  unincorporated  territory  affected  and 
for  the  apportionment  of  debts  and  liabilities.)  Such 
consolidated  city  and  county  shall  possess  all  powers 
conferred  upon  cities,  cities  and  counties  and  counties  in 
so  far  as  applicable.  Legislature  shall  provide  for  the 
formation    of    one    or    more    counties    out    of    remaining 


1022  State  Constitutions 


MUNICIPAL  HOME  RULE   [Cont'd) 

POWHJ  01   MrM.nvi.iTY  to  Frame  Its  Charter    (Cont'd) 
Contents  of  Charters   (Cont'd) 
Optional  Provisions   (Cont'd) 

territory  or  for  its  transfer  to  adjoining  county,  subject 
to  approval  01  a  majority  of  its  electors  voting  thereon. 
In  such  cases  the  restrictions  imposed  in  section  2  of 
this  article  and  in  section  3  of  this  article  as  to  location 
,,,  county  lines  shall  not  apply.  Any  city  and  county 
formed  under  this  section  may  retain  name  of  city  initi- 
ating the  consolidation.  Provision  may  be  made  for  es- 
tablishmenf  of  a  borough  system  of  government,  each 
borough  to  have  subordinate  municipal  powers.  No  prop- 
erty in  territory  annexed  shall  be  taxed  for  payment  of 
any  indebtedness  of  city  or  county  to  which  it  is  annexed, 
outstanding  at  the  date  of  annexation,  and  for  which  such 
property  was  nut  liable  theretofore,  except  with  the  eon- 
sent  of  a  majority  of  the  electors  within  such  territory, 
voting  thereon.  (7.)  In  all  cases  of  annexation  or  con- 
solidation, assumption  of  bonded  debt  of  one  part  of  ter- 
ritory by  the  other  may  be  made  by  majority  vote  of 
electors  voting  thereon  in  part  which  shall  assume  such 
debt.  Legislature  shall  enact  such  general  laws  as  are 
necessary  to  carry  out  provisions  of  this  section  and  such 
general  or  special  laws  as  are  necessary  to  carry  out  the 
provisions  of  subdivisions  5  and  6  hereof.     (Cal.  XI  8^.) 

Charter  of  city,  city  and  county,  or  county  may  provide 
manner  of  election,  of  elective  officers,  and  prescribe  a  pro- 
portion of  votes  higher  than  the  plurality  fixed  by  con- 
stitution as  necessary  for  a  choice.     (Cal.  XX  13.) 

Officers  of  city  and  county  of  Denver  shall  be  such  as  by 
election  or  appointment  may  be  provided  for  in  charter; 
jurisdiction,  term,  duties  and  qualifications  of  such  officers 
-hall  be  such  as  charter  may  provide.     (Colo.  XX  2.) 

Charter  and  amendments  shall  always  be  in  harmony  with 
and  subject  to  constitution  and  laws  of  Missouri,  except 
only  that  provision  may  be  made  for  the  graduation  of  the 
rate  of  taxation  for  city  purposes  in  portions  of  city 
added  by  proposed  enlargement.     (Mo.  IX  23,  St.  Louis.) 

Cities  and  towns  may  provide  for  manner  of  exercising 
initiative  and  referendum  powers  as  to  municipal  legisla- 
tion, but  not  more  than  10  per  cent,  of  voters  may  be 
required  to  order  referendum,  nor  more  than  15  per  cent. 
to  propose  any  measure  by  the  initiative.  (This  provision 
is  found  in  section  relating  to  initiative  and  referendum 
and  it  is  not  dear  whether  provision  referred  to  is  to  be 
made   in   charter.)       (Ore.   IV   la.) 

'  '*3  m*l  1,v>'  assess  and  collect  such  taxes  as  may  be 
authorized  by  law  or  by  charter,  but  no  tax  for  any  pur- 
pose  for  any  year  shall  exceed  2V2  per  cent,  of  the  taxable 

property.     (Tex.  XI  5.) 


Index  Digest  1023 


MUNICIPAL  HOME  RULE    (Cont'd) 

Power  of  Municipality  to   Frame  Its  Charter    (Cont'd) 
Contents  of  Charters   (Cont'd) 
Restrictions  Upon 

If  any  officer  of  city  or  county  of  Denver  received  anj  com- 
pensation he  or  she  shall  receive  same  as  stated  salary, 
amount  of  which  shall  be  fixed  bj  charter  and  paid  out  of 
the  treasurj  of  city  and  county  in  equal  monthly  pay- 
ments. No  charter  shall  diminish  tax  rate  for  state 
purposes  fixed  by  act  of  general  assembly  <>r  interfere  in 
any  way  with  collection  of  state  taxes.  (Colo.  XX  2,  5.) 
No  charter  or  amendment  shall  diminish  tax  rale  for  state 
purposes  fixed  by  act  of  legislature,  or  interfere  in  any 
way  with  collection  of  state  taxes.  (Nebr.  XIa  4.) 
No  tax  for  any  purpose  for  any  year  shall  exceed  2%  per 
cent,  of  taxable  property  of  city,  and  no  debt  shall  be 
created  by  city  unless  provision  is  made  to  assess  and 
collect  annualh  sufficient  sum  to  pay  interest  and  create 
sinking  fund  of  at  least  2  per  cent.  (Tex.  XI  5.) 
Relation  of  Charter  and  Laws  of  State 

Charter  shall   be  consistent  with   and   subject   to   laws   of   state. 
(Ariz.  XIII  2;  Minn.  IV  30;  Mo.  IX   16,  20,  St.  Louis;  Nebr. 
XIa  2;   Okla.  XVIII   3a;   Wash.  XI    10.) 
Charter  shall  be  subject   to  general  laws  of  state.      (Mich.  VIII 

21;  Tex.  XI  5;  Wash.  XI  10.) 
The  provisions  of  charters  relating  to  the  powers  and  duties  of 
boards  of  supervisors  and  all  other  county  officers  shall  be 
subject  to  and  controlled  by  general  laws.  All  elective  officers 
of  counties,  townships,  road  districts  and  highway  construc- 
tion districts  shall  be  nominated  and  elected  as  provided  bj 
general  law.  Whenever  a  county  has  adopted  a  charter  and 
the  same  has  been  approved  by  legislature,  the  general  laws 
passed  under  sections  4  and  5  of  this  article  shall,  as  to  such 
county,  be  superseded  by  charter  as  to  matters  for  which 
under  this  section  it  is  competent  to  and  has  made  provision 
in  charter,  except  as  herein  otherwise  expressly  provided  and 
except  that  all  elective  officers  of  county  or  district,  township 
or  division  thereof,  in  office  when  charter  goes  into  effect  shall 
continue  to  hold  office  until  expiration  of  term  for  which 
elected  unless  sooner  removed  in  manner  provided  by  law. 
Provisions  of  charter  relating  to  road  districts  and  highwaj 
construction  divisions  shall  be  subject  to  such  regulations  and 
conditions   as  may   be  imposed  by  legislature.      (Cal.   XI    T1^, 

county.) 

No  charter  shall  diminish  tax  rate  for  state  purposes  fixed   by 

general    assembly  or  interfere,  in   any  way   with   collection   of 

state  taxes.     (Colo.  XX  5.) 

Charter  and  ordinances  made  pursuant  thereto  as  to  municipal 

and  local  matters  shall  supersede  within    jurisdiction   of  city 

or  town  any  law  of  state  in  conflict.     Statutes  of  state,  so  far 


Kr  State  (  Institutions 


MUNICIPAL  HOME  RULE   (Cont'd) 

j,,,,.  m,  N1,  11-ality  to  Frame  Its  Chabteb    (Cont'd) 

Relation  of  Charter  and  Laws  of  State  (Cont'd) 

applicable,  shall  apply  to  cities  and  towns  except  in  so  far 
ded   by   charters  or  ordinances  passed  pursuant  to 
such  charters.      (Colo.  XX   6.) 
Legislature  may  provide  general  laws  relating  to  affairs  of  cities, 
application  of.  which  may  be  limited  to  cities  of  over  50,000 
inhabitants,  of  50,000  and  not  less  than  20,000,  of  20,000  and 
no!   Less  than  10,000,  or  of  10,000  or  less.,  which  shall  be  para- 
mount   while  in  force  to  provisions  relating  to   same  matter 
in  charter;  but  no  local  charter,  provision  or  ordinance  passed 
thereunder  shall  supersede  any  general  law  defining  or  punish- 
ing crimes  or  misdemeanors.      (Minn.  IV  36.) 
Notwithstanding  the  provisions  of  this  article  the  general  assem- 
bly  shall  have  the  same  power  over  the  city  and  county  of 
St.  Louis  that  it  has  over  other  cities  and  counties  of  the  state. 

(Mo.  IX  25,  St.  Louis.) 

I  he  legislative  assembly  shall  not   enact,  amend  or  repeal  any 

charter  or  act  of  incorporation  for  any  municipality,  city  or 

town.    Charter  shall  be  subject  to  criminal  laws  (and  possibly 

to  local   option  law)    of  state.      (Ore.  XI  2.) 

Charter  shall  be  subject  to  such  limitations  as  may  be  prescribed 

by  legislature.     (Tex.  XI  5.) 

General  Provisions  as  to  Elections 

Every  special  election  under  provisions  of  this  section  shall  be 
called  by  board  of  supervisors  by  ordinance  which  shall  specify 
purpose  and  time  of  election,  establish  the  election  precincts 
and  designate  the  polling  places  and  election  officers.  Such 
ordinance  prior  to  election  shall  be  published  five  times  in 
daily  newspaper,  or  twice  in  weekly  newspaper  if  there  be  no 
dailj  newspaper  printed,  published  and  circulated  in  county, 
and  if  no  daily  or  weekly  newspaper,  then  a  copy  of  ordinance 
shall  be  posted  by  county  clerk  in  at  least  three  public  places 
and  nn  or  near  the  entrance  to  a  public  school  in  each  school 
district.  In  all  other  respects  every  such  election  shall  be 
held  and  conducted  in  same  manner  as  provided  by  law  for 
neral  election.  Whenever  boards  are  elected  or  proposed 
charter  or  amendments  submitted  at  general  election,  the  gen- 
ii laws,  applicable  to  election  of  county  officers  and  submis- 
sion of  propositions  to  vote,  shall  be  followed  in  so  far  as 

applicable.  (Cal.  XI  7y2,  county.) 
IVneiitages  of  registered  electors  required  for  election  of  free- 
holders or  submission  of  amendments  shall  be  calculated  upon 
total  voic  cast  at  last  preceding  general  state  election  and 
the  qualified  electors  shall  be  those  whose  names  appear  upon 
registration  records  of  same  or  preceding  year.  Election  laws 
"'  (">  '"'  citj  and  county  shall,  as  far  as  applicable,  govern 
elections  held  under  authority   of  this  section.      (Cal.  XI  8.) 


l.MlKX     DlUKST  1025 


MUNICIPAL  HOME  RULE   (Cont'd) 

Poweb  of  Municipality  to   Fuamk   Its  (iiaktkk    [Go9/t'd>) 
General  Provisions  as  to  Elections   (V,,nt'il) 

All  elections  and  submission  of  questions  shall  be  conducted  by 
election  authorities  prescribed  by  general  law.  Percentage  of 
electors  required  to  Bign  petition  shall  be  based  on  total  vote 
at  last  general  municipal  election.     (Ohio  XVIII  14.) 

All  elections  shall  be  had  only  upon  notice  specifying  object  of 
election,  given  for  at  least  10  days  before  election,  in  every 
election  district.  Su.  li  eleoticgie  may  be  cither  general  or 
special,  and  except  as  otherwise  provided  in  this  section,  shall 
be  governed  by  law  regulating  or  controlling  general  or 
special  elections  in  city.  (Wash.  XI  10.) 
Amendment  and  Revision 

Charter  may  be  amended  by  amendments,  proposed  and  sub- 
mitted by  legislative  authority  of  city  to  the  qualified  electors 
(or  by  petition  as  hereinafter  provided),  at  a  general  or 
special  election  and  ratified  by  majority  of  qualified  electors 
voting  thereon  and  approved  by  governor  as  provided  for  the 
approval  of  the  charter.     (Inference  to  petition  is  ambiguous.) 

(Ariz.  XIII  2,  3.) 

Charter  may  be  amended  by  proposals  submitted  by  board  of 
supervisors  to  electors  at  general  or  special  election  not  less 
than  30  days  nor  more  than  60  days  after  publication  or 
posting  of  proposals  in  same  manner  as  provided  for  original 
charter.  If  majority  of  electors  voting  thereon  vote  in  favor 
of  proposed  amendment,  such  amendment  shall  be  deemed 
ratified  and  shall  be  submitted  to  legislature  if  in  session, 
or  at  next  regular  or  extraordinary  session,  for  approval 
as  a  whole,  without  power  of  alteration  or  amendment, 
and  if  approved  by  legislature,  charter  shall  be  amended 
accordingly.  Copy  of  amendment  shall  be  authenticated  and 
filed  as  provided  for  original  charter.  Whenever  petition, 
signed  by  10  per  cent,  of  electors  of  county,  computed  upon 
total  number  of  votes  cast  in  county  for  all  candidates  for 
governor  at  last  general  election  at  which  governor  was 
elected,  is  filed  in  office  of  county  clerk,  petitioning  board  of 
supervisors  to  submit  any  proposed  amendment  set  forth  in 
full  in  such  petition,  such  petition  shall  be  examined  and 
certified  by  county  clerk  and  if  signed  by  requisite  number 
of  electors  shall  be  presented  to  board  of  supervisors,  as 
provided  for  petitions  for  election  of  board  of  freeholders. 
Upon  presentation  of  petition,  board  of  supervisors  must  sub- 
mit proposed  amendment  in  same  manner  as  provided  for 
submission  of  amendment  proposed  by  board.      (Cal.   XI   71.. . 

county.) 

Charter  may  be  amended  by  proposals  submitted  by  legislative 
body  of  city  on  its  own  motion  or  on  petition  signed  by  15 
per  cent,  of  registered  electors,  or  both.  Proposals  shall  be 
submitted    only    during    six    months    next    preceding    regular 

33 


1026  State  Constitutions 


MUNICIPAL  HOME  RULE   (Cont'd) 

POWKB  OF    Ml.Mi  ll'ALITY  to  Frame  Its   Charter    (Cont'd) 
Amendment  and  Revision    (Cont'd) 

-sion  of  legislature  or  before  the  final  adjournment  of  such 
session  and  at  either  a  general  election  or  special  election 
tailed  for  i In-  purpose.  Petitions  for  submission  of  amendment 
shall  be  filed  with  legislative  body  of  city  or  city  and  county, 
not  Less  than  60  days  prior  to  general  election  next  pre- 
ceding regular  session  of  legislature.  Signature  on  petitions 
-hall  be  verified  by  authority  in  charge  of  registration  records 
of  city  <t  city  and  county  and  expenses  of  verification  shall 
be  provided  by  legislative  body.  If  petitions  have  sufficient 
signatures  legislative  body  shall  submit  proposed  amendment 
to  electors.  Amendments  proposed  by  legislative  body  and 
amendments  proposed  by  petition  may  be  submitted  at  same 
election.  Amendments  shall  be  advertised  in  same  manner  as 
a  proposed  charter  and  election  held  on  day  fixed  by  legis- 
lative body  not  less  than  40  nor  more  than  60  days  after 
completion  of  advertisement  in  official  paper.  If  majority 
voting  on  any  amendment  vote  in  favor  it  shall  be  deemed 
rati  lied  and  shall  be  submitted  to  legislature  at  regular  session 
next  following  such  election  and  approved  or  rejected  without 
power  of  alteration  in  same  manner  as  provided  for  charter. 

(Cal.  XI  8.) 
Citizens  of  city  and  county  of  Denver  shall  have  exclusive  power 
to  amend  charter  or  adopt  new  charter.  A  number  of  qualified 
electors,  not  less  than  5  per  cent,  of  next  preceding  guber- 
natorial vote,  may  petition  council  for  charter  amendment  or 
charter  convention.  Council  shall  submit  same  to  vote  at 
next  general  election  not  held  within  30  days  after  filing 
of  petition.  If  such  petition  is  signed  by  number  of  qualified 
electors  not  less  than  10  per  cent,  of  next  preceding  guber- 
natorial vote,  with  request  for  special  election,  council  shall 
submit  it  at  special  election  to  be  held  not  less  than  30 
nor  more  than  60  days  from  filing  of  petition,  provided 
that  any  question  so  submitted  at  special  election  shall  not 
again  be  submitted  at  special  election  within  two  years  there- 
after. Whenever  question  of  charter  convention  is  carried  by 
majority  of  those  voting  thereon,  convention  shall  be  called  by 
special  election  ordinance  and  convention  held,  charter  sub- 
mitted and  expenses  paid  as  provided  for  adoption  of  original 
charter.  The  clerk  shall  publish  with  his  official  certification 
Hire,,  times,  a  week  apart,  in  official  newspaper,  full  text  of 
charter,  amendment  or  proposal  for  convention  or  alternative 
article  or  proposition,  the  first  publication  to  be  with  his  call 
for  general  or  special  election.  Within  10  days  after  vote 
i  lerk  shall  publish  once  in  said  newspaper  full  text  of  any 
charter,  amendment,  proposal  for  convention,  or  alternative 
article  or  proposition,  approved  by  majority  voting  thereon 
and  shall  file  with  secretary  of  state  two  copies  thereof   (with 


Index  Digest  1027 


MUNICIPAL  HOME  RULE   (Cont'd) 

Power  of  Municipality  to  Frame  Its  Ciiaktkk    (Cont'd) 
Amendment  and  Revision   (Cont'd) 

vote  for  and  against)  officially  certified  by  him,  which  shall 
go  into  effect  from  date  of  filing.  He  shall  also  certify  to 
secretary  of  state  (with  vote  for  and  against)  two  copies  of 
every  defeated  alternative  article  or  proposition,  charter, 
amendment  or  proposal  for  convent  ion.  Signatures  to  peti- 
tions need  not  all  be  on  one  paper.  Nothing  herein  or  else- 
where  shall  prevent  council  from  adopting  automatic  vote 
registers.  No  charter  or  amendment  adopted  or  defeated  under 
provisions  of  this  amendment  shall  be  amended,  repealed  or 
revised  except  by  petition  and  electoral  vote.     (Colo.  XX  4,  5.) 

Charter  may  be  amended  only  by  proposal  made  by  board,  pub- 
lished for  at  least  30  days  in  three  newspapers  of  general 
circulation  and  accepted  by  three-fifths  of  qualified  voters  vot- 
ing at  next  election.  Legislature  may  prescribe  duties  of 
commission  (board)  relative  to  submitting  amendments,  and 
shall  provide  that  upon  application  of  5  per  cent,  of  legal 
voters  by  written  petition  commission  shall  submit  proposed 
amendments  set  forth  in  petition.      (Minn.  IV  36.) 

Charter  may  be  amended  only  by  proposal  made  by  lawmaking 
authorities  of  city,  published  for  at  least  30  days  in  three 
newspapers  of  largest  circulation  in  city,  one  of  which  shall 
be  printed  in  German  language,  and  accepted  by  three-fifths 
of   qualified    voters   voting   at   a   general   or   special   election. 

(Mo.  IX  16.) 

Charter  may  be  amended  by  proposals  submitted  by  lawmaking 
authorities  of  city  to  qualified  voters  at  general  or  special 
election  held  at  least  60  days  after  publication  of  proposals 
and  accepted  by  three-fifths  of  qualified  voters  voting  for  or 
against  each  amendment  so  submitted.  Lawmaking  authori- 
ties of  city  may  order  election  by  qualified  voters  of  board  of 
13  freeholders  to  prepare  new  charter,  which  shall  be"  in 
harmony  with  and  subject  to  constitution  and  laws  of  state 
and  shall  provide  for  chief  executive  and  at  least  one  house 
of  legislation  elected  by  general  ticket.  Revised  charter  shall 
be  submitted  to  qualified  voters  at  election  held  not  less  than 
20  days  nor  more  than  30  days  after  the  order  therefor, 
and  if  majority  of  voters  voting  at  such  election  ratify  charter 
it  shall  become  organic  law  of  city  and  60  days  thereafter 
shall  take  effect  and  supersede  charter  and  all  special  laws 
inconsistent  therewith.      (Mo.   IX  22,  St.  Louis.) 

Charter  may  be  amended  or  convention  called  by  proposal  made 
by  lawmaking  body  or  by  qualified  electors  in  numbers  not 
less  than  5  per  cent,  of  next  preceding  gubernatorial  vote  in 
said  city  by  petition  filed  with  council  or  governing  authori- 
ties, who  shall  submit  same  to  vote  of  qualified  electors  at 
next  general  or  special  election  not  held  within  30  days 
after  such    petition   is   filed.     Whenever   question   of   charter 


10$  State  CoNSTiarunbNs 


MUNICIPAL  HOME  RULE    (Con;' 

i'M.nv  tii  Ebame  Its  Charteb    (Cont'd) 
Amendment  and  Revision   (Cont'd  i 

uion  is  carried  by  majority  voting  thereon  convention 
-Ik. 11  be  called  through  special  election  ordinance.  City  clerk 
shall  publish  with  his  official  certification  three  weeks,  a  week 
apart,  in  the  official  paper  of  city,  and  if  there  be 'no  official 
paper,  then  in  at  hast  one  newspaper  published  and  in  general 
circulation  in  city,  the  full  text  of  any  charter  or  amendment 
to  be  l  ■  at  any  general  or  special  election.     Xo  charter 

or  a  men  dm-  nr  >liall  be  amended  or  repealed  except  by  electoral 
re.     All  amendments  shall  be  authenticated  in  same  manner 
provided  for  charter  and  shall  be  filed  with  secretary  of 
; i nd  deposited  in  archives  of  city.      (Nebr.  XIa   2,  4.") 
Amendments   may   be   submitted   to   electors  by   two-thirds  -vote 
of  I  ive    authorities    of    municipalities,    and    upon    pe- 

tition signed  by  10  per  cent,  of  electors,  setting  forth  any 
such  proposed  amendment,  shall  be  submitted  by  such  legis- 
lative authorities:  Submission  of  amendments  shall  be  gov- 
erned by  requirements  of  section  8  as  to  submission  of  ques- 
tion of  choosing  charter  commission  and  copies  shall  be  mailed 
to  electors  as  provided  for  copies  of  proposed  charter.  If  any 
such  amendment  is  approved  by  majority  of  electors  voting 
thereon  it  shall  become  part  of  charter.  (Ohio  XVIII  9.) 
Charter  may  be  amended  by  proposals  submitted  by  legislative 
air  to  qualified  electors    (or  by  petition)    at   a 

aeral  or  special  election,  ratified  by  majority  voting  thereon 
and  approved  by  governor  as  provided  for  approval  of  charter. 
I'   wer  of  initiative  and  referendum  with  reference  to 
amendment  of  charter  is  reserved  to  people  of  every  municipal 
corporation.     Petition  shall  be  signed  by  number  of  qualified 
rs,   equal  to  25  per  cent,  of  total  number   of  votes  cast 
at  next  preceding  election,  and  filed  with  chief  executive  officer 
of  municipality.     He   shall  submit  it  to  electors  at  next  elec- 
tion of  any  officers  of  city,  and  if  a  majority  of  those  voting 
thereon    ratify,    it    shall    become    amendment  'to    and    part    of 
charter   when  approved  by   governor  and  filed  as  required   in 
original  charter.      (Okla.  3a,  4a,  b,  e.) 
iter  may  be.  amended  by  majority  vote  of  qualified  voters  at 
election  held  for  that  purpose,  subject  to  such  limitations   as 
may  be  prescribed  by  legislature,  and  provided  that  no  charter 
hall  be  altered,  amended  or  repealed  oftener  than  every  two 

years.      (Tex.  XI  5.) 
Charter  may  be  amended  by  proposals  submitted  by   legislative 
authority    of   city    to    electors   at    any    general   election    after 
published  as  required  for  charter,  and  ratified  by  ma- 
jority  of  qualified  electors  voting  thereon.      (Wash.  XI  10.) 
Constitutional  Provision  Self-Executing  . 

J  his  article  shall  be  in  all  respects  self-executing.      (Colo.  XX  6.) 


Index  Digest  1029 


MUNICIPAL  HOME  RULE   (Cont'd) 

Power  of  Municipality  to  Frame  Its  (  h\k:i:    ir„„r,/i 
Constitutional  Provision  Not  Self-Executing 

Before  any  city  shall  incorporate  under  this  act  the  Legislature 
shall  prescribe   general   limits   within    which    charter   shall    ho 

teamed.     I  Minn.  IN'  36.) 
Surrender  of  Charter 

Charter  of  any  county  may  be  surrendered  and  annulled  with 
assent  of  two-thirds  of  electors  voting  at  special  elect  inn 
called  by  board  of  supervisors  upon  receipt  of  petition,  signed 
and  certified  as  provided  for  the  purposes  of  adoption  of 
charters,  requesting  board  to  submit  question  of  surrender 
and.  annulment  of  charter.  In  event  of  surrender  and  annul- 
ment, county  shall  thereafter  be  governed  under  general  laws. 

(Cal.  XI   7%,  county,  i 
Violation  of  Charter  Criminal 

Any    act  in   violation  of   a  charter,   or  of   any   ordinance   tie  ro- 
under, shall  be  criminal  and  punishable  as  such   when  so  pro- 
vided by  any  statute  now  or  hereafter  in  force.     (Colo.  XX  6.) 
Expenses 

Expenses  of  charter  convention  shall  be  paid  out  of  the  treasury 
on  order  of  president  and  secretary  thereof.  Expenses  of 
elections  shall  be  paid  out  of  treasury  on  order  of  council. 
Every  ordinance  for  election  of  charter  convention  members 
shall  specify  compensation,  if  any.  to  be  paid  to  officers  and 
members,  allowing  no  compensation  in  case  of  non-attendance 
or  tardy  attendance.  (Colo.  XX  4.) 
Special  Provisions  as  to  Particular  Charters 

Charter  of  city  and  county  of  San  Francisco  may  be  amended  in 
addition  to  method  and  times  provided  in  article  VI.  section 
S.  in  the  following  particulars:  (a)  Authorizing  San  Fran- 
cisco to  issue  bonds  not  exceeding  $5,000,01)0,  and  to  turn  over 
the  proceeds  to  the  Panama-Pacific  International  Exposition 
Company  for  the  purposes  of  the  exposition.  (b)  Providing 
that  such  debt  shall  be  exclusive  of  the  debt  limit  in  article 
XII,  section  9,  of  said  charter.  (c)  Granting  to  exposition 
company  exclusive  possession  and  use  of  certain  streets,  parks, 
and  other  public  lands  for  a  period  terminating  not  later  than 
one  year  after  closing  of  exposition.  Proposals  to  amend 
charter  as  above  may  be  submitted  to  electors  by  the  legis- 
lative authority  of  city  at  a  general  or  special  election  after 
such  publication  as  shall  be  determined  by  said  legislative  au- 
thority. Upon  ratification  by  a  majority  voting  thereon, 
amendment  shall  become  operative  immediately  without  neces- 
sity of  approval  by  legislature.  Any  acts  in  submitting  and 
voting  upon  such  amendments,  already  performed,  are  hereby 
validated  as  if  performed  subsequent  to  adoption  of  this 
amendment.  Exposition  company  shall  account  for  all  suck 
funds  by  itemized  statement  filed  with  auditor  of  San  Fran- 
cisco.     (Cal.  XI  Sa.) 


1 .  .:J0  S  I  A  IK    Constitutions 


MUNICIPAL  HOME  RULE   (Cont'd) 

POWEB    OF    MfMl  II'AI.ITY    TO    FRAME    ITS    CHARTER     (Cont'd) 

Special  Provisions  as  to  Particular  Charters  (Cont'd) 

XU  provision  charters  of  city  and  county  of  Denver  and  of 

cities  of  Pueblo,  Colorado  .Springs  and  Grand  Junction,  and  of 
any  other  city,  heretofore  filed  with  secretary  of  state  which 
are  nol  in  conflict  with  this  article  (which  also  grants  certain 
powers  to  cities)  and  all  elections  heretofore  had  under  and 
pursuant  thereto  are  hereby  ratified,  affirmed  and  validated 
as  of  their  date.  The  provisions  of  section  6  (which  grants 
i  uiin  powers  to  cities  and  towns,  extends  to  them  the  same 
powers  as  to  framing  charters  conferred  upon  the  city  and 
county  of  Denver  in  sections  4  and  5,  and  also  contains  ad- 
ditional provisions  as  to  framing  charters)  shall  apply  to  the 
city  and  county  of  Denver.  (Colo.  XX  6.) 
City  of  St.  Louis  may  extend  its  limits  so  as  to  embrace  the 
parks  now  without  its  boundaries  and  other  convenient  and 
contiguous  territory,  and  frame  a  charter  for  government  of 
city  thus  enlarged.  *  »  *  Board  of  freeholders  shall  pro- 
pose a  scheme  for  the  enlargement  and  definition  of  the 
boundaries  of  the  city,  the  reorganization  of  the  government 
of  t lie  county,  the  adjustment  of  the  relations  between  the 
city  thus  enlarged  and  the  residue  of  St.  Louis  county,  and 
the  government  of  the  city  thus  enlarged  by  a  charter.  Scheme 
shall  be  submitted  to  voters  of  whole  county,  and  charter  to 
voters  of  city.     (Mo.  IX  20,  St.  Louis.) 

MUNICIPAL  SUBDIVISIONS  OF  STATE,  Si  c  Municipalities. 

MUNICIPALITIES 

'  nder  litis  titlt    are  also  digested  provisions  relating,  a1?  specified  in  the 

entries,    to    municipal    corporations    and    to    civil    divisions    of    state, 

municipal  divisions  of  state,  municipal  subdivisions  of  state,  parishes 

[New   Eapips-hwi  i.  political  corporations,  jiolitical  divisions  of  state, 

litieal    subdivisions    of    state,    precincts,    public    corporations,    sub- 

isions  of  state,  and  wards. 

For    provisiom     relating    to    counties,    rides,    towns,    villages,    boroughs, 

toumships  and  districts,  See  those  titles  respectively. 
1 '■'   provisions  relating  to  eminent  domain  and  excess  condemnation,  See 

Eminent  Domain. 
s  relating  to  initiative  and  referendum,  See  Initiative  and 

Referendum. 
'  '  '   >"'  relating  to  town  plats,  See  Roads. 

io\   nn  Organization 

nona  relating  to  power  of  municipality  to  frame  its  charter, 
Municipal  Home  Rule — Power  of  Municipality  to  Frame 

its  Charter. 
In  General 

to    provide    by    general    laws    for    organization    of 
municipal  rations.     (S.C.    VIII    1;     S.D.    X    1;    Wyo. 

XIII   1.) 


Index  Digest  1031 


MUNICIPALITIES    {Cont'd) 

Incorporation  and  Organization   (Cont'd) 
In  General    {Cont'd) 

Municipal  corporations  not  to  be  organized  without  consent  of 
majority  of  (lectors  residing  within  district  proposed  to  be 
incorporated;  consent  to  be  ascertained  in  manner  and  under 
regulations  prescribed  by  law.  (Wyo.  XIII  2.) 
Legislature  may  make  "  special  provision  for  municipal  govern- 
ment and   for   the  protection   of  chartered   rights  and   powers 

of  municipalities".      (S.C.  VII   11.) 
Legislature    to    provide    by    general    laws    for    organization    of 

municipalities.      (N.I).  VI  130.) 
Legislature    may    provide    for    establishment,    government,    and 
abolishment    of    municipalities,    may    alter    and    amend    pro- 
visions for  government,  and  in  case  of  abolishment  shall  pro- 
vide for  protection  of  creditors.      ( Fla.  VIII  8. ) 
Legislature    to    establish    uniform    system    of    government    for 
municipalities    "  which    shall    be    applicable    except    in    cases 
where   local   or   special   laws   are  provided   by  the   legislature 
that  may  be  inconsistent  therewith".      (Fla.  Ill  24.) 
Legislature    to    provide    by    general    laws    for    organization    of 

precincts.       (Utah  XI  4.) 

Trecmcts   existing   at   time  adoption   of   constitution   recognized 

as  legal  subdivisions  of  counties  and  continued  until  changed 

by  law  in  pursuance  of  constitution.      (Utah  XI   1.) 

Creation   of   municipal   corporations   by   special   laws  prohibited. 

(Ariz.  XIII  1;  Cal.  XI  6;  Okla.  XVIII  1;  Utah  XI  5;  Wash. 

XI  10.) 

Special    local   or   private   laws   changing   lines   or   boundaries   of 

wards,  forbidden.      (Ala.  IV  104;  Ky.  59;   S.D.  Ill  23;   Utah 

VI  26.) 
Local   or  special  legislation  incorporating  or  erecting  or  chang- 
ing the  lines  of  wards,  forbidden.      (Minn.  IV  33.) 
Creation    of    municipal    corporations    excepted    from    provisions 
forbidding    creation    of   corporations    by    special    laws.      (N.Y. 

VIII    1.) 
Nothing  in  constitution  to  "  annul  any  charters  to  bodies  politic 
and  corporate  "  made  by  king  of  England  or  his  representatives 
before  Oct.  14,  1775.      (N.Y.  I  17.) 
Nothing  in  constitution  to  "  affect "  any  charter  to  bodies  politic 
and  corporate  made  by  the  state  or  persons  acting  under  its 
authority  after  Oct,  14*,  1775.     (N.Y.  I  17.) 
Private,    local    or    special    legislation    amending,    confirming    or 
extending   charters    of   private   municipal    corporations   or   re- 
mitting the  forfeiture  thereof  forbidden;   but  this  not  to  pre- 
vent   legislature   altering   or    rearranging   boundaries   of   city, 

town  or  village.       (Ala.  IV  104.) 
Extension    or    amendment   of    charters   may   be   by   special    law 
(this  an  exception  to  general   provision).      (Ida.  XI  2.) 


j(i:;L.  State   Constitutions 


MUNICIPALITIES  'd) 

,N,  :1    ORGANIZATION     (C<»lC<h 

In  General   (Cont'd) 

-  nre  may  "erect  and  constitute  municipal  or  city  gov- 
ernment in  any  corporate  town"  of  not  less  than  12,000  in- 
habitants "  with  the  consent  and  on  the  application  of  a 
majority  of  the  inhabitants  "  present  and  voting  at  a  meeting 
held  for  that  purpose.  (Mass.  Amend.  II.) 
Municipalities  continued  with  same  names,  boundaries  and  rights 
until   changed    in    accordance   with    constitution    and    laws    of 

state.      (N.M.  XXII   12.) 
iters,   ordinances   and   provisions   relating  to   municipal   cor- 
porations to  remain  in  force  till  legally  changed  unless  incon- 
-i-tent    with    constitution;    "but   legislature   may   modify    or 

abrogate".      (N.C.  VII  12,  14.) 
On  all  questions  submitted  to  vote  of  taxpayers  of  political  sub- 
division of  state  women,  otherwise  qualified,  to  be  eligible  to 

vote.      (Mont.  IX  12.) 
Powers  of  initiative  and  referendum  reserved  to  people  of  mu- 
nicipality on  all  questions  which  the  municipality  is  or  may 
be  authorized  bv  law  to  control  by  legislative  action.      (Ohio 

II  If.) 

Laws  "submitting  town  and   corporate  acts"  may  be  made  to 

take    effect    or    not   upon   vote    of    electors    interested.      (Ore. 

I  21.) 
Legislature,  or  people  by  initiative,  may  enact  general  law  pro- 
viding method  whereby  incorporated  city,  town  or  municipal 
corporation  may  surrender  its  charter  and  be  merged  into 
adjoining  city  or  town,  provided  majority  of  electors  of  each 
incorporated  city,  town  or  municipal  corporation  affected  au- 
thorize such  surrender  or  merger.  (Ore.  XI  2a.) 
Classification 

Legislature  to  provide  by  general  laws  for  classification  of  mu- 
nicipal corporations.  Power  of  each  class  to  be  defined  so  that 
no  such  corporation  has  any  powers  or  is  subject  to  any  re- 
strictions other  than  all  of  same  class.  ( S.C.,  VIII  1.) 
Legislature  to  provide  by  general  laws  for  classification  of  mu- 
nicipal corporations.  Number  of  classes  not  to  exceed  four. 
Powers  of  each  class  to  be  defined  by  general  law  "so  that 
no  such  corporations  shall  have  any  powers  or  be  subject  to 
any  restrictions  other  than  those  of  all  corporations  of  the 
same  class  ".  (S.D.  X  1;  Wyo.  XIII  1.) 
Legislative  Department 

Vote    of   legislative   body   of   municipality   on   elections   to    any 
>.llice  to  be  viva  voce  and  entered  on  journals.     (W.Va.  VI  44.) 
b 

S« i  ■''  ■■  i  i  i;i.h  Officers. 
In  General 

In  all   oases  of  contest  for  offices  in  municipalities  appeal  to  lie 
at  instance  of  aggrieved  party  from  any  inferior  board,  coun- 


Index  ])k;i  &i  1033 


MUNICIPALITIES   (Cont'd) 
Officers  (Cont'd) 

In  General   (Cont'd) 

eil    or    tribunal    to    the    circuit    mint    ori    terms    and    conditions 
on    which    appeals    granted    to   that   court   in   other   cases   and 
on   appeal   case  tin  be  tried   >lr  ntivo.      <  Ark.  VII  51.) 
Local    or    special    legisiatibr)    legalizing    unauthorized    nr    invalid 
acts  of  officers  of  municipalities  prohibited.      (Ky.  59;   La.   4S: 

Mm.  CV  53.) 
"  Whenever  practicable,  tlie  legislature  may  and  whenever  same 
can  be  done  without  detriment  to  the  public  Bervice,  shall 
consolidate  offices"  in  municipalities  and  when  consolidated 
"the  duties  of  such  additional  office  shall  be  performed  under 
an  ex  officio  title".     (Wyo.  XIV  6.) 

Accounting  for  Public  Funds 

See  also  below,  this  subdivision,  Qualifications  and  Disquali- 
fications. 

Person  convicted  of  embezzlement  or  defalcation  of  public  funds 
of  municipality  not  to  be  eligible  to  any  office  of  honor,  trust 
or  profit  under  state  and  legislature  to  provide  for  punishment 
as  for  felony.      (Cal.   TV  21.) 

Legislature  to  provide  for  strict  accountability  of  municipal  and 
precinct  officers  for  fees  collected  and  for  all  public  and  mu- 
nicipal moneys   paid   to   them   or  officially   coming  into  their 

hands.    (Ida.  XVIII  6.) 

Legislature  to  provide  as  to  fees  collected  by  and  all  public 
moneys    paid    to    or    which    officially    come    into    possession    of 

precinct  officers.      (Wash.  XI  5.) 

Xo  person  who  has  collected  or  been  entrusted  with  public 
money  of  municipal  corporation  to  be  eligible  to  legislature 
or  to  any  office  of  honor,  trust  or  profit  in  the  state  until 
he  shall  have  duly  accounted  for  and  paid  over  such  money 
according  to  law.     (W.Va.  VI  14.) 

Laws  to  be  "enacted  and  enforced  by  suitable  provisions  and 
penalties"  requiring  district  and  municipal  officers  who  re- 
ceive or  whose  duty  it  is  to  receive,  hold  or  pay  out  money 
for  the  use  of  or  belonging  to  the  state  or  any  county,  dis- 
trict or  municipal  corporation  to  make  annual  account  and 
settlement  therefor.  Such  settlement  to  be  subject  to  excep- 
tions and  to  take  such  direction  arid  have  such  fore  and  effect 
as  provided  by  law.  Settlement  to  be  recorded  and  open  to 
examination    ur    people    dt    auch    convenient    place    as    may   be 

fixed  by  law.      (W.Va.  VI  27.) 

Appointment 

Local  or  special  legislation  relating  to  appointment  of  officer-* 
of    wards,    forbidden.      (Minn.    IV    33.) 

Private,  local  and  special  law-  appointing  officers  of  munici- 
palities,   forbidden.      (X.J.    IV    7,    11.) 


1034  State  Constitutions 


MUNICIPALITIES   [Cont'd) 
Offices  t'd) 

Bonds 

ling   and   guarantee   company   organized   for   purpose 
doing  surety  or  bonding  business  and  authorized  to  do  busi- 
ness   in    the   state  may  become  surety  on  bonds   of  municipal 
officers   under  such   regulations  as  may  be   prescribed  by  law. 

(Ark.  XIX  21.) 
Sureties  of  municipal  officers  to  reside  in  and  have  sufficient 
visible  and  unencumbered  property  not  exempt  from  sale  un- 
der process  to  make  good  their  liability  in  county  in  which 
principal  resides  but  duly  organized,  responsible  guarantee  or 
-  irety  company,  foreign  or  domestic,  doing  business  in  state 
may  be  accepted  as  surety.      ( Fla.  XVI  13.) 

Compensation 

Se<    also   below,  this   title,   Finances  —  Expenditures,  Restric- 
tions   Upon  —  Extra   Compensation   to    Officers   and   Con- 
tractors. 
Legislature  to  regulate  compensation  of  municipal  officers.     (Cal. 

XI  5.) 

Where  not   provided   by   law,   salaries   of   precinct   officers   to   be 

fixed   by  board  of  supervisors  of  each  county  and  salaries  so 

tixed   to   be    in    effect   until    changed   by   general    law.      (Ariz. 

XII  4.) 
Compensation    of    precinct    officers    to   be   as   prescribed   by   law. 

(Colo.  XIV  7.) 
Legislature  to  regulate  compensation  or  precinct  officers  in  pro- 
portion to  duties  and  for  that  purpose  may  classify  districts 
according  to  population.    (Wash.  XI  5.) 
Salary,    rees,  or  compensation  of  civil  officers  not  to  be  increased 
or    diminished    during   term    for    which    elected    or    appointed. 

(Ala.   XVII   281.) 

Legislature  not   to  authorize  or  require  and  municipality  not  to 

haw  authority  to   increase  or  decrease  fees  and  compensation 

of  any  public  officers  during  their  terms  of  office.     This  does 

not   apply  to  allowances  by  commissioners'  court  or  boards  of 

revenue  to  county  officers  for  ex-ofjicio  services.      (Ala.  IV  68.) 

•■  nsation    of    municipal    officers    not    to    be    increased    after 

Won   or  during  term.      (Cal.   XI   9.) 

-.  salary  or  compensation  of  officer  elected  or  appointed   for 

definite  term  not  to  be  increased  or  diminished  during  term. 

(111.  IX   11.) 

-  'tion  of  municipal  officers  not  to  be  changed  after  elec- 

■"  or  appointment  or  during  term.      (Ky.  161;  Wash.  XI  8.) 

on    of    municipal    officers   not   to   be   increased   during 

term.      (Mo.  XIV  8.) 

'•'" '•''  '    legislation   fixing  or   relating  to  compensation, 

?  or  fees  of  officers  of  wards,  forbidden.      (Minn.  IV  33.) 


Index  Digest  1035 


MUNICIPALITIES   {Cont'd) 
Officers  (Cont'd) 

Compensation  [Cont'd) 

Fees  of  executive  or  ministerial  officers  of  municipalities  ex- 
clusive of  salaries  actually  paid  to  necc>s;iry  deputies  not  to 
exceed    $10,000    annually.      (Mo.    IX    13.) 

Corrupt  Practices,  See  below,  this  title,  Corrupt  Practices. 
Creation  of  Offices 

Legislature  by  general  and  uniform  laws  to  provide  for  election 
or  appointment  in  the  several  counties,  of  such  municipal  offi- 
cers as  public  convenience  requires.      (Cal.  XI   5.) 

Legislature  to  provide  for  election  or  appointment  of  such  mu- 
nicipal and  precinct  officers  other  than  those  mentioned  in 
constitution  as   public  convenience  requires.      (Colo.  XIV   12.) 

Legislature  to  provide  1>\  general  and  uniform  laws  for  such 
municipal  officers  as  public  convenience  requires.      (Ida.  XYIII 

6.) 

Legislature    may    provide    for    election    or    appointment    of    such 
municipal  officers  other  than  those  mentioned  in  constitution 
as  public  convenience  may  require.      (Mont.  XVI  G.) 
Election 

See  also  Elections. 

Local  or  special  legislation  relating  to  election  of  officers  of 
wards,    forbidden.      (Minn.    IV    33.) 

Precinct  officers  to  be  elected  at  general  election,  on  first  Tues- 
day after  first  Monday  of  November  in  even  numbered  year 
and  every  two  years.      (Ariz.  VII   11.) 

At  election   candidates  for  ward  offices  receiving  largest  number 
of  votes  to  be  elected.     J.R.I.  Amend.  X   1.) 
Fees 

Legislature  to  establish  fees  to  be  collected  for  services  performed 
by  municipal  officers  in  manner  and  for  uses  provided  by  law, 
and    for    this    purpose    may    classify    bounties    by    population. 

(Cal.  XI  5.) 

All  executive  and  ministerial  officers  of  municipalities  to  make 
quarterly  returns  to  county  court  of  fees  received  and  salaries 
paid  to  deputies  and  assistants,  stating  same  in  detail,  veri- 
fied by  affidavit.  Statement  or  omission  therein  to  subject 
them  to  penalties  of  perjury.      (Mo.  IX  13.) 

Place  of  Office 

Officers   of   municipalities   and    precinct-    to    keep    place   of   office 
at    such   place   therein    as   prescribed   by   law.      (Ore.   VI   8.) 
Powers  and  Duties 

Legislature  by  general   and   uniform   laws   to   prescribe  duties  of 

municipal  officers.      (Cal.  XI  5;   Ida.  XVIII  6.) 
Precinct   officers   to   perform    such    duties    as   prescribed   by   law. 

(Ida.    Will    11:    Wash.    XI    5.) 
Local  or   special    legislation   creating  or   prescribing  powers   and 
duties   of   officers   of    wards,    forbidden.      (Minn.    IV    33.) 


STA  IK    COXSTITUTIOXS 


MUNICIPALITIES   {Cont'd) 

Powers  and  Duties   (Cont'd) 

pi  as  otherwise  provided  in  constitution  duties  of  municipal 
officers  to  be  as   prescribed  by  law-      (Mo,  IX  14.) 
Municipal   and   preeinet   officers   to  perform  such   duties  as  pre- 

ibed  by  law.      (Ore.   \'l   S.) 
No  person  to  hold  office  or  employment  of  trust  or  profit  under 
any  ordinance  of  any  municipality  without  devoting  his  per- 
il   attention    to    duties    thereof.      (Colo.    XII    2.) 
"No    person   appointed   or   elected   to   any   office   or   employment 
of  profit  under         *    *    or  by  virtue  of  any  ordinance  of  any 
municipality  of  this  state  shall  hold  such  office  or  employment 
without    personally    devoting  his   time   to   the   performance   of 
the  duties  thereof."     (-Miss.  XIV  2G7.) 
No  person  to  hold  elected  or  appointed  office  or  employment  of 
trust  or  profit  under  any  ordinance  of  any  municipality  with- 
out "•  personally  devoting  his  time  to  the  performance  of  the 
duties"  of  such  office  or  employment.      (Mo.  II  18.) 
All  persons  holding  office  or  employment  of  trust  or  profit  under 
municipality    required    to    give    personal    attention    to    duties. 

(Okla.  II   11.) 
Qualifications  and  Disqualifications 
In  General 

In   he   qualified   voter   of  municipality   or   political   division 

in  which  elected  or  appointed.  (Ariz.  VII  15.) 
Parochial,  municipal  or  ward  officer  must  be  citizen  of  state 
and  he  qualified  elector  of  state,  district,  parish,  muni- 
cipality or  ward  wherein  functions  of  office  to  be  per- 
formed; change  of  residence  from  place  thus  required  to 
vacate  office  "  any  declaration  of  retention  of  domicile  to 
the  contrary  notwithstanding".  (La.  210.) 
To  he  residents  of  the  political  subdivision  for  which  elected 

or  appointed.  (N.M.  V  13.) 
Every  person  qualified  to  vote  to  be  eligible  to  office  in 
"subdivision  of  state"  where  he  resides  except  as  other- 
wise provided  in  the  constitution  and  except  that  this 
does  not  apply  as  to  residence  to  office  elective  by  people 
where  law  provides  otherwise.  (Va.  II  32.) 
Only   citizens  entitled   to   vote  to   be   elected   or   appointed. 

(W.Va.  IV  4.) 
In  departments  or  institutions  involving  interests  or  care  of 
women  or  children  or  both,  women  eligible  to  membership 
in  boards  or  to  positions.  (Ohio  XV  4.) 
-s"  !  Beer,  employee}  attorney,  or  agent  "of  corporation, 
company  or  association  ",  doing  business  under  or  by  vir- 
tue  «if  municipal  charter  or  franchise  to  be  eligible  to 
municipal  office  in  the  municipality  granting  such  charter 

or   franchise.      (Utah  XII   17.) 


Index  Digest  1037 


MUNICIPALITIES   {Cont'd) 

Officers  (Cont'd) 

Qualifications  and  Disqualifications   [Cont'W) 
In  6-eneral  (Cont'd) 

X>  eqUeotbB  oti  receiver  of  puttie  mane;  or  his  deputy  or 
assistant  to  be  eligible  to  office  of  trust  or  profit  under 
laws  of  any  municipality  until  he  accounts  for  and  pays 
over  all  public  money  for  which  he  is  accountable.      (Colo. 

XII  3;  Mo.  II  L9.) 
Xo  person  in  default  as  collector  or  custodian  of  money  of 
municipal    corporation   to   he   eligible   to   any    office   there- 
under.     (111.  IX  11.) 
Xo   person   entrusted   with   public  money   to   be   eligible    to 
legislature   or   any   office   of   honor,   profit   or   trust   under 
state  government,  or  any  parish  or  municipality  until  he 
obtains     discharge    for     all     public     money     with     which 

entrusted.      (La.  182.) 
Dual  Office  Holding 

Election    officers    ineligible    for    office    filled    at    election    at 
which  he  serves  except  to  such  subordinate  municipal  or 
local  offices  below  grade  of  city  or  county  officers  as  shall 
be  designated  by  law.      (Ark.  Ill  10.) 
Xo  person  at  same  time  to  hold  two  municipal  offices  either 
in   same   or   different   municipalities   except   as   otherwise 
provided  by  constitution.     (Ivy.  165.) 
Xo   state   officer  or   deputy   or   member   of   legislature   to   be 
officer  or  employee  of  municipality;   but  notary  public  or 
officer  of  militia  not  to  be  ineligible.      (  Ky.  165.) 
Xo  person  holding  "lucrative  office"  under  municipality  to 
be  eligible  to  seat  in  legislature.    Xo  member  of  legislature 
during   term    for   which   elected   to   be   appointed   to   any 

municipal  office.  (Mo.  IV  12.) 
"  In  cities  or  counties  having  more  than  200,000  inhabitants, 
no  person  shall,  at  the  same  time,  be  a  state  officer  and 
an  officer  of  any  county,  eity  or  other  municipality;  and 
no  person  shall,  at  the  same  time,  fill  two  municipal  offices, 
either  in  the  same  or  different  municipalities;  but  this 
section  shall  not  apply  to  notaries  public,  justices  of  the 
peace  or  officers  of  the  militia."  (Mo.  IX  IS.) 
Removal 

In  case  of  municipalities  governed  under  legally  adopted  charter, 
provisions  of  such  charter  to  control  dismissal  from  office;  but 
this  not  to  limit  term  of  persons  appointed  during  good 
behavior    under    civil    service    laws   of    state   or    any   political 

division.     (Cal.  XX  16.) 
District  attorney  may  institute  suit  in  district  court  of  domicile 
of  officer,  and   in  parish  of  Orleans  in  civil  district  court,  for 
.removal  of  municipal   and   ward  officers,   for   high   Crimea  and 
misdemeanors,    non-feasance    or    malfeasance    in    office,    incom- 
petency, corruption,  favoritism,  extortion  or  oppression  in  office 


1038  State  Constitutions 


MUNICIPALITIES   [Cont'd) 
i  >ri  [<  ebs  l  (  ont'd  I 
Removal   I  Cont'd 

ur  gross  misconduct  or  habitual  drunkenness;  such  suit  to  be 
instituted  on  written  request  of  25  resident  citizens  and  tax- 
payers, who  may  enforce  request  by  mandamus;  all  parties,  in- 
cluding petitioning  taxpayers,  authorized  to  appeal;  if  officer 
acquitted,  petitioning  citizens  liable  to  cost.  Detailed  provision 
f..r  preference  of  appeal.  Pending  suit  not  to  operate  as  sus- 
ii  of  accused  officer.  (La.  217,  222.) 
Legislature  may  authorize  governor  to  remove  and  appoint  officers 
of  municipal  corporations  under  regulations  prescribed  by  law. 

(Miss.  V   139.) 
Drunkenness    while    in    office    to    constitute    sufficient    cause   for 
impeachment   or  removal.      (Okla.   II   11.) 
Selection 

Legislature  by  general  and  uniform  laws  to  provide  for  election 
or  appointment  in  the  several  counties,  of  such  municipal 
officers  as  public  convenience  requires.  (Cal.  XI  5.) 
Legislature  to  provide  for  election  or  appointment  of  such  muni- 
cipal and  precinct  officers  other  than  those  mentioned  in  con- 
stitution   as    public    convenience    requires.       (Colo.    XIV    12; 

Mont.  XVI  6.) 

I  egislature   to   provide   by   general   and   uniform    laws   for    such 

municipal  and  precinct  officers  as  public  convenience  requires. 

(Ida.   XVIII   6.) 

Legislature  to  provide  by  general  and  uniform  laws  for  election 

of    such    precinct    officers   as   public   convenience   may    require. 

(Wash.  XI  5.) 
Exefepl   as  otherwise  provided  by  constitution  legislature  to  pro- 
vide tor  election  or  appointment  of  such  municipal  officers  as 
public  convenience  may  require.      (Mo.  IX  14.) 

ii   municipal    and  precinct  officers  as  may  be  necessary  other 
than    those    mentioned    in    the    constitution    to    be    elected    or 
appointed  as  prescribed  by  law.     (Ore.  VI  7.) 
Term 

Legislature    by    general    and    uniform    law    to    prescribe    term    of 

municipal  officers.      (Cal  XI  5;  Ida.  XVIII  6.) 
Except  as  otherwise  provided  by  constitution  term  of  municipal 
iecrs  to  be  as  prescribed  by  law.  but  not  to  exceed  four  years. 

(Mo.  IX  14.) 
Terms  of  municipal  and  precinct  officers  provided  for  by  legisla- 
ture  and    not   mentioned    in    constitution;    to   be   prescribed   by 
law  but  not  to  exceed  two  years.   (Colo.  XIV  12;  Mont.  XVI  6.) 
Term   of  elective  municipal   officers  to  be  such  even  number  of 
years  not  exceeding  four  as  may  be  prescribed  by  legislature. 

(Ohio  XVII  2.) 

Term  ..f  municipal  officers  not  to  be  extended  beyond  time  for 

which  elected  or  appointed.   (Cal.  XI  9;  Ky.  161;  Mo.  XIV  8; 

Wash.  XI  8.) 


Index  Digest  1039 


MUNICIPALITIES    (Cont'd) 
Officers  .  (Cont'd) 
Term   (Cont'd) 

Terms  of   precinct   officers  to   be   fixed    by    legislature.      (Wash. 

XI  5.) 

In     case     of     municipalities     governed     under     legally     adopted 

charter,  provisions  of  such  charter  to  control;   but  this  nut  to 

limit  term  of  employees  appointed  during  good  behavior  under 

civil    service   laws   of   state   or    any    political    division.       (Cal. 

XX  1.1.) 
Every  person  holding  any  civil  office  under  any  municipality  shall 
unless  removed  according  to  law  exercise  duties  of  such  office 
until  successor  is  duly  qualified;  but  this  does  not  apply  to 
"members  of  any  board  or  assembly"  two  or  more  of  whom 
are  elected  at  same  time;  and  legislature  may  provide  for 
suspending  officer  in  his  functions  pending  Impeachment  or 
prosecution  for  misconduct  in  office.  (Colo.  XII  1.) 
Municipal    officers    to    continue    in    office    until    successors    duly 

qualified.      (  l'la.  XVI  14.) 
Vacancies 

Change    of    residence    of    municipal    or    ward    officer    from    place 
required  to  vacate  office  "  any  declaration  of  retention  of  domi- 
cile to   the   contrary   notwithstanding".      (La.   210.) 
Vacancies  in  municipal  and  precinct  offices  to  be  filled  in  manner 

prescribed  by  law.      (Ore.  VI  9.) 
County  commissioners  to  fill   by   appointment   Vacancies   in  pre- 
cinct offices  and  appointees  to  hold  until  next  general  election 
and  successors  qualify.      (Mont.  XVI  5;   Wash.  XI  6.) 
Employees 

See  also  Labor  —  Public  Work. 

Provisions  of  legally  adopted  charter  with  reference  to  tenure  of  or 
dismissal  from  office  to  control  (proviso  to  provision  limiting 
terms  to  four  years).  (Cal.  XX  16.) 
All  appointments  and  promotions  in  civil  service  of  civil  division 
of  state  to  be  made  "  according  to  merit  and  fitness  to  be  ascer- 
tained so  far  as  practicable  by  examination  which  so  far  as  prac- 
ticable shall  be  competitive":  but  citizen  veterans  of  Civil  war 
resident  in  state  to  be  entitled  to  preference  without  regard  to 
standing  on  eligible  list:   laws  to  be  passed  to  enforce  this  section. 

(N.Y.  V  9.) 
Legislature   may    regulate   and    fix    wages   and   salaries   and  hours   of 
work    and    make    provision    for    protection,   welfare    and    safety    of 
employees   of    civil    division   of   state.      (N.Y.    XII    1.) 

Corrupt  Practices 

Bribery  and  Corrupt  Solicitation 

See  also  Public  Officers  —  Bribery. 

Corrupt  solicitation  of  public  officers  of  "municipal  division  of 
state  "  and  occupation  or  practice  of  solicitation  of  such  per- 
sons to  influence  their  official  action,  to  be  defined  by  law  and 


1(,40  UK     (AcvSTIlUTIOXS 


MUNICIPALITIES   [Cont'd) 

I  own  pi    I  -   (Cont'd) 

Bribery  and  Corrupt  Solicitation  (Cont'd) 

uaiBhablei  by  line  and  imprisonment.      (Colo.  V  42;   Mont.  V 

pa<   Ill   31;   Wash.  II  30;  Wyo.  Ill  45.) 

Testimony  of  corrupt  solicitation  of  officers  of  "municipal  divi- 

Lti  "  may  be  compelled  with  immunity  from  prosecu- 

:i  except   for  perjury.     (Pa.  Ill  32;   'Wash.  II  30;  Wyo.  Ill 

44.) 
■  rupt  solicitation  of  public  officers  of  "  municipal  division  of 
iic"  and  occupation  or  practice  of  solicitation  of  such  per- 
sons to  influence  their  official  action,  to  be  defined  by  law  and 
punished    by    fine    and    imprisonment    in    penitentiary.       (Ala. 

IV  81.) 
(  orru.pt  solicitation  of  public  officers  of  "municipal  division  of 
ate"  and  any  effort  towards  solicitation  of  such  officers  to 
influence  their  official  action,  to  be  defined  by  law  and  punished 
by  tine  or  imprisonment.     (S.D.  Ill  28.) 
Testimony  of  corrupt  solicitation  of  officers  of  "municipal  divi- 
sion ii   state  "  may  be  compelled  with  immunity  from  prosecu- 
tion  except  for   "bribery  in  giving   such  testimony".      (S.D. 

Ill  28.) 
If  any  person  oilers  or  gives  any  sum  of  money,  bribe,  present, 
reward,  promise  or  any  other  thing  to  any  municipal  officer 
with  intent  to  induce  or  influence  him  to  appoint  any  person 
to  office,  to  vote,  or  exercise  any  power  in  him  vested,  or  to 
perform  any  duty  of  him  required,  the  person  giving  or  offer- 
ing to  give  and  the  officer  so  receiving  any  money,  bribe, 
present,  reward,  promise,  contract,  obligation  or  security  with 
intent  aforesaid  shall  be  guilty  of  bribery  and  on  conviction 
to  be  disqualified  from  holding  any  state,  parochial  or  muni- 
cipal office,  and  to  be  forever  ineligible  to  seat  in  legislature; 
but  legislature  may  enact  additional  penalties.  (La.  183.) 
Legislature  to  provide  by  law  for  punishment  by  fine  or  imprison- 
ment in  penitentiary,  or  both,  in  discretion  of  court,  of  any 
person  bribing  or  attempting  to  bribe  member  or  officer  of  any 
municipal  corporation  in  state,  or  any  executive  officer  of  such 
corporation  in  order  to  influence  him  in  performance  of  official 
duties;  and  also  of  any  of  said  officers  or  members  who  demand 
bribe,  fee,  reward  or  testimonial  for  performance  of  official 
duties,  or  for  neglecting  or  failing  to  perform  them;  and  also 
for  compelling  any  person  so  bribing  or  attempting  to  bribe, 
nr  demanding  or  receiving  bribe,  fee,  reward  or  testimonial, 
to  testify  against  any  person  or  persons  guilty  of  such  offense; 
but  persons  so  compelled  to  testify  to  be  exempted  from  trial 
•I  punishment  for  offense  for  which  guilty;  any  person  con- 
^"t,(1  of  Mid,  offense  shall  be  forever  disfranchised  and 
disqualified  from  holding  office  of  trust  or  profit  in  state.     (Md. 

Ill   50.) 


Ixdex  Digest  1041 


MUNICIPALITIES   (Cont'd) 

Corrupt  Practices   [Cont'd) 
Interest  in  Contracts 

No  member  of  legislature  during  term  or  for  one  year  thereafter 
to  be  directly  or  indirectly  intcre-ted  in  contracts  to  which 
municipality  is  a  party  if  authorized  by  any  lay?  passed  during 

such  term.     |  N..M.  1  V  28.) 
Members  of  legislature  during  term  for  which  elected  or  within 
two  years  thereafter  not  to  be  interested  in  contracts  of  sub- 
division of  state  if  authorized  by  law  passed  during  term  for 

which  elected.     (Okla.  V  23.) 
Free  Transportation  • 

See  also  Public  Officers  —  Free  Passes,  etc. 
No   railroad   or    transportation   company    to    grant   free   or   dis- 
counted passes  or  tickets  to  officers  of  municipalities.     Legisla- 
ture to  enforce  by  suitable  provision  (no  prohibition  to  accept). 

(Miss.  VII  188.) 

Acceptance  of  free  or  discounted  passes  or  tickets  from  railroad 

or   other   transportation   company   by   municipal   officer   to  be 

forfeiture  of  oilier.  (Mo.  XII  24.) 
Transportation  company  not  to  give  and  officer  of  any  district 
or  municipality  not  to  receive  free  or  reduced  rates  of  trans- 
portation; officer  violating  to  forfeit  office  and  be  punished  as 
prescribed  by  law,;  but  this  does  not  prevent  firemen  or  police- 
men from  accepting  free  transportation  while  in  discharge  of 

duty.  (Va.  XIII  161.) 
Candidates  or  incumbents  of  office  or  position  under  any 
ordinance  of  municipality,  forbidden  to  ask,  or  accept,  or  use 
free  pass,  frank  or  privilege  withheld  from  other  persons  for 
transportation  of  person  or  property  or  transmission  of  any 
message  under  penalty  of  punishment  for  bribery,  and  in  case 
of  an  officer,  the  vacation  of  his  office.  No  person  privileged 
from  testifying,  but  not  to  be  prosecuted  or  punished  for  any 
offense  concerning  which  he  was  required  to  testify  or  produce 
documentary  evidence.  (Wis.  XIII  11.) 
Powers   and   Rights 

See  also  throughout  this  title. 

For  provisions  relating  to  power  of  municipality  to  frame  its  charter, 
See  Municipal  Home  Rule  — Power  of  Municipality  to  I'kvmk 

its  Charter. 
For  provisions  relating  to  eminent  domain  am!  excess  condemnations, 

See  Eminent  Domain. 

For  provisions    relating    to    taxation.    See   Taxation. 
For  provisions  relating  to  special  assessments  for  benefits.  See  Taxa- 
tion    Sl'EClAr     ASSKSSMKN  [S. 

For  provisions  relating  to  sale  of  liquors,  See  Liquors. 
In  General 

Municipalities  to  have  authority  to  exercise  all  powers  of  local 
self-government  and  to  adopt  and  enforce  within   their  limits 


l042  State  Constitutions 


MUNICIPALITIES   [Cont'd) 

Powers  am>  Eights  (Cont'd) 

In  General   (Cont'd)  .    .,  ,  ,  *    • 

loca]    police,    sanitary    and   other    similar    regulations   not   in 

conflict   with  general  laws.      (Ohio  XVIII  3.) 

••  Every  municipal  corporation  now  existing  within  the  state 
shall  continue  with  all  of  its  present  rights  and  powers  until 
otherwise  provided  by  law"  and  shall  have  all  the  additional 
rights    and    powers    conferred    by    constitution.      (Okla.    XVIII 

2.) 

I,  nature  may  grant  to  municipal  corporations  '-such  powers, 
privileges  and   immunities  not  repugnant  to  the  constitution" 
as  it  deems  necessary  or  expedient  for  regulation  and  govern- 
ment   thereof.      I  Mass.  Amend.   II.) 

h    municipal   corporation   within   the    state   "shall   have  the 
right  to  engage  in  industrial  pursuits".     (Ariz.  II  34.) 

Municipal  councils  may  create  within  their  limits  sewerage  dis- 
tricts.    (La.  281   (1).) 

Municipality  may  appoint  officers  for  inspection  or  measuring 
of  merchandise,  manufacture  or  commodity,  when  authorized 
by  law.     (Ala.  IV  77;  Pa.  Ill  27.) 

Streets  of  municipal  corporations  may  be  extended  "  over  inter- 
vening tide  lands  to  and  across  the  area  reserve"  between 
harbor  line  and  high-tide  line  for  landings,  wharves,  streets 
and  other  conveniences  of  navigation  and  commerce.      (Wash. 

XV  3,   1.) 

Restrictions  Upon 
In  General 

Municipal  commissions  not  to  incur  liabilities  except  in  pur- 
suance of  previous  appropriations  by  the  municipal  govern- 
ment.     (Pa.  XV  2.) 

SlocI:  and  Bond  Holding 

Municipality  or  other  subdivision  of  state  not  to  become 
t>scriber  to  or  shareholder  in  any  company  or  corpora- 
tion.     'Ariz.   TX   7;    Mont.   XIII    l.'j 

Municipal  corporations  not  to  become  stockholder  in  com- 
pany,  association  or  corporation.      (Ark,   XII  5.) 

Municipalities  not  to  subscribe  to  stock  or  purchase  bonds 
of  any  railroad  corporation;  but  this  does  not  affect  valid- 
ity of  bonds  or  debts  incurred  under  laws  existing  prior 
to   constitution.      (Conn.   Amend.   XXV.) 

Municipality  not  to  become  shareholder  in  any  private  cor- 
poration  or  company.     (Del.  VIII  8.) 

Municipal  corporations  not  to  become  by  vote  of  citizens  or 
otherwise  stockholder  in  any  joint  stock  company,  corpo- 
ration   or    association.      (Ida.    XII    4.) 

Subscription  by  municipalities  to  capital  stock  of  any  rail- 
road or  private  corporation  forbidden,  but  this  not  to 
affect    right   to   make   such   subscriptions   when   authorized 


Index  Digest  1043 


MUNICIPALITIES   (Cont'd) 

Powers  and  Rights   (Cont'd) 
Restrictions  Upon   (Cont'd) 

Stock  and  Bond  Holding    (Cont'd) 

under   existing   laws   by   vote   of   people    prior    to   adoption 
of   this   amendment.      (111.   Amend.    1870  —  Municipal   sub- 
scriptions to  corporations  separately  submitted.) 
Political    or   municipal    corporations   not   to   become   directly 
or    indirectly    stockholder    in    banking   corporation.      (Iowa 

VIII   4.) 

Political  corporation  or  subdivision  of  state  nol   to  subscribe 

to   or   purchase   stock   of   any   corporation   or   association 

whatever.      (La.  58.) 
Municipal  corporations  not  to  subscribe  to  stock  of  railroad 
or    other    corporation    or    association.      Authority    granted 
prior   to   constitution    for   such    purpose   by   legislature  or 
corporate  charter  hereby  repealed.     This  not  to  affect  rijiht 
to   make   subscription   authorized   by  vote  of   people   prior 
to    constitution    in    pursuance    of    law    then    existing    and 
where  terms  of  submission  and  subscription  have  been  or 
shall   be    complied   with;    or   to   prevent   issue   of   renewal 
bonds   or   other   means    prescribed   by   law   for    payment    of 
such  subscription  or  of  any  indebtedness   prior  to  consti- 
tution.     (Miss.   VII   183.) 
Municipalities  not  to  become  subscriber  to  stock  of  railroad 
or  other  corporation  or  association.     Authority   previously 
conferred  by  legislature  or  by  charter  of  any  corporation 
repealed;    but    this    does    not    prevent    such    subscription 
where   authorized   by   vote   of   people   prior  to   constitution 
or    to    prevent    renewal    bonds    or    other    mean-    prescribed 
by  law  for  payment  of  such  subscription  or  of  any  indebted- 
ness prior  to  constitution.      (Mo.  IX   G.) 
Legislature    not    to    authorize    political    corporation    or    sub- 
divisions   of    state   to    become    stockholder    in    corporation, 
association  or  company.      (Mo.  IV  47.) 
Precincts  or  subdivisions  of  state  not  to  become   subscriber 
to   or   owner    of   stock   or    interest    therein    of    any    railroad, 
private  corporation  or  association.      (Nebr.  XIa  1.) 
Municipal    corporations    not    to    become   stockholder    in    joint 
stock  company,  corporation  or  association  except    railroad 
corporations,  companies  or  associations.    (Nev.   VIII   10.) 
Political  subdivisions   not   to   subscribe  to  or   become  owner 
of  capital  stock  of  any  association  or  corporation.      I  X.D. 

XII    185.) 
Municipal    corporations   not    to   become    hojder    of   corporate 

stock  by  vote  of  citizens  or  otherwise.     (Ore.  XI  9.) 
Municipality   not   to   become  owner   of   capital    stock   of   any 
association   or   corporation.      (S.I).   XIII    1.) 


1044  State  Constitutions 


MUNICIPALITIES  (Cont'd) 

gh  i  -   i  Cont'd) 
Restrictions  Upon  (Cont'd) 

and  Bond  Holding    (Cont'd) 
.Municipal  corporations  not  to  become  subscriber  to  stock  of 
private  corporation  or  association;   this  not  to  affect  obli- 
tions  undertaken  pursuant  to  law  prior  adoption  consti- 
tution.     (Tex.  XI  3.) 
Ltical   subdivision  not  to  become   owner   of  stock   of   any 
association  or  corporation.     (Wyo.  XVI  6.) 
Legislature   not  to  authorize   political   corporation  or   subdi- 
vision of  state  to  become  stockholder  in  corporation,  asso- 
ciation  or  company.      (Tex.   Ill  52.)     . 
.Municipal   corporations  not  to  become  directly  or  indirectly 
owner  of  stocks  or  bonds  of  any  association,  company  or 

corporation.      (Wash.  VIII  7.) 

Legislature  not  to  authorize  subdivisions  of  state  to  become 

stockholder  in  any  corporation,  association  or  company  by 

issuing  bonds  or  otherwise.      (Ala.  IV  94.) 

X.i   political   subdivision  of  state  to  be  stockholder  in  bank. 

(Ala.  XIII  253.) 
Legislature  to  ha've  no  power  to  authorize  any  political  sub- 
division  of   state   to   subscribe   for   or   become   stockholder 
in    any   corporation.     For   exception   in    case   of    irrigation 
districts',  See  Irrigation.      (Cal.  IV  31.) 
Legislature   not   to   authorize   political    subdivisions    to    sub- 
scribe to  stock  or  bonds  in  aid  of  any  railroad,  telegraph 
or  other  private  individual  or  corporate  enterprise  or  un- 
dertaking.     (Utah   VI   31.) 
Legislature  not  to  authorize  municipal  corporations  or  polit- 
ical  subdivisions  of  state  to  become  stockholders   in  com- 
pany,  association   or   corporation   except   for   purely   char- 
it  able  purpose,  but  this  not  to  prevent  support  of  schools 
by  municipal  corporations  within   their   limits.      (Ga.  VII 

Sec.  VI  1.) 
Joint  OwnertiTvip 

Municipalities  not  to  become  joint  owner  with   any  person, 

my   or  corporation.      (Del.   VIII   8.) 
Municipality    or    other    subdivision    of    state   not   to    become 
joint  owner  with   any  person,  company  or  corporation,  ex- 
'    as    to    Mini    ownership   as   may   accrue   by   operation 
or  provision  of  law.      (Ariz.  IX  7;  Mont.  XIII  8.) 
I  ONTROL    BY    S I 
In  General 

'ire    may    prescribe,    alter    or    amend    jurisdiction     and 
powers   of  municipalities.      (Fla.  VIII  8.) 
By-lawe   o!    municipal  corporations  to  be  subject  at  all  times  to 
be  aimi.llr.l  by  legislature.      (.Mass.  Amend.  II.) 


1  m  » I .  x   Dioesi  1046 


MUNICIPALITIES   (Cont'd) 
Control  by  State  (Cont'd) 
In  General    (Cont'd) 

"  Legislature  shall  have  the  right  to  veal  Bach  powers  in  the 
courts  of  justice  with  regard  to  private  and  local  affairs  of 
municipalities  as  may  be  expedient."  (Tenn.  XI  9.) 
Legislature  to  have  full  power  to  modify,  change  or  abrogate 
and  substitute  other  provisions  for  all  provisions  of  article 
dealing  with  municipal  corporations  except  as  to  the  methods 
and  purposes  of  contracting  local  debt  and  Levying  taxes. 
(This  appeals  as  exception.)  (N.C.  VII  14.) 
Penalty  for  violation  of  municipal  ordinances  not  to  be  less 
than  imposed  by  statute  for  same  offense,  and  conviction  or 
acquittal  to  constitute  bar  to  another  prosecution   for  same 

offense.      (Ky.  1G8.) 

Restrictions  Upon 

Legislature  not  to  delegate  to  any  special  commission,  private 
corporation  or  association,  any  power  to  make,  supervise  or 
interfere  with  any  municipal  improvement,  money,  property 
or  effects,  whether  held  in  trust  or  otherwise,  or  to  levy  taxes 
or  perform  any  municipal  functions  whatever.  (Colo.  V  35; 
Mont.  V  36;   Pa.  Ill  20;   S.D.  Ill  26;   Utah  VI  20;   Wyo.  Ill 

37.) 

Legislature  not  to  delegate  to  any  special  commission,  private 
corporation,  company,  association  or  individual  "  any  power 
to  make,  control,  appropriate,  supervise  or  in  any  way  inter- 
fere with  any  municipal  "  improvement,  money,  property  or 
effects  whether  held  in  trust  or  otherwise,  or  to  levy  taxes 
or  assessments  or  perform  any  municipal  functions  whatever, 
but  legislature  may  provide  for  supervision  and  conduct  of 
affairs  of  irrigation  districts,  reclamation  districts  or  drainage 

districts.      (Cal.  XI   13.) 

Private,  special  and  local  laws  appointing  commissions  to  regu- 
late affairs  of  municipalities  forbidden.      (N.J.  IV  7.  11.) 

Legislature  not  to  authorize  any  municipal  corporation  to  pass 
laws  inconsistent  with  general  state  laws.      (Ala.   IV   89.) 

Municipalities  not  to  be  authorized  to  pass  "  any  laws  contrary 
to  general   laws   of  the  state".      (Ark.   XII   4.) 

"An  infringement  of  the  right  of  home  rule  for  municipalities" 
not  to  be  included  in  any  emergency  bill  within  provision  that 
bills  not  to  go  into  effect  until  90  days  after  end  of  session 
unless  emergency.  (This  relates  to  referendum.)  Bee  Initi- 
ative and  Referendum.     (Me.  IV  Pt.  Ill  16.) 

Legislature  not  to  pass  any  special  act  "relating  to  corporate 
powers  except  for  municipal   purposes".      (New   VIII    1.) 

Special  or  local  legislation  regulating  affairs  df  wards,  forbidden. 
(Minn.   IV   33;    Mo.   IV   53:   Okla.   V   46:    Pa.   Ill   7:    Tex.   Ill 

56.  i 

Local  or  special   legislation  regulating  affairs  of  precincts,  for- 
bidden.    (N.M.  IV  24.) 


I04t;  State  Constitutions 


MUNICIPALITIES   [Cont'd) 

I  OH  TOOL  l;V   M  ATE    [Con  I'd  I 

Restrictions  Upon    (Cont'd) 

Legislature  not  to  pass  law  for  benefit  railroad  or  other  corpora- 
tion  or  any  individual  or  association  retrospective  in  its 
operation  or  which  imposes  on  people  of  any  municipal  sub- 
division new  obligation  in  respect  to  transactions  or  considera- 
tions already  passed.  (Colo.  XV  12.) 
!.,.._,.  i,  t    to    pass    law    for   benefit    of    railroad    or    other 

corporation^,  or  any  individual  or  association,  which  imposes 
on  people  of  any  municipal  subdivision  of  state  a  new  liability 
in    respect    to   transactions   or   considerations    already   passed. 

(Ida.  XI  12;  Mont.  XV  13.) 
Legislature  not  to  pass  law  for  benefit  of  railroad  or  other 
corporation  or  any  individual  or  association  retrospective  in 
its  operation  or  which  imposes  on  people  of  "municipal  cor- 
poration "  new  obligation  in  respect  to  transactions  or  con- 
siderations already  passed.  (Mo.  XII  19.) 
Finances 

For  provisions  incidentally  relating  to  finances,  See  also  above,  this 

title,  "Powers  and  Rights",  and  "  Control  by  State". 
Debt,  See  below,  this  title  Debt. 
Taxation,    See  Taxation. 
In  General 

Expenditures  by  parishes  for  support  and  maintenance  of  public 
Protestant  teachers  of  piety,  religion  and  morality  may  be 
authorized  by  legislature.  (N.H.  I  6.) 
Laws  may  require  reports  from  municipalities  as  to  financial 
condition  and  transactions,  and  may  provide  for  examination 
of  vouchers,  books  and  accounts  of  all  municipal  authorities 
or  undertakings  conducted  by  them.  (Ohio  XVIII  13.) 
Municipal  commissions  not  to  incur  liabilities  except  in  pursu- 
ance of  previous  appropriations  by  the  municipal  government. 

(Pa.  XV  2.) 
Local,  special  or  private  legislation  refunding  money  "lawfully" 
paid    into    treasury    of   "political    subdivision    of    state"    for- 
bidden.     (Va.  IV  63.) 
Deposits 

All   moneyB,  assessments  and  taxes  belonging  to  or  collected  for 
the  use  of  coming  info  hands  of  any  officer  of  public  or  munici- 
pal   corporation    to    be    immediately    deposited    with    treasurer 
or  other  legal  depositary  to  its  credit  for  benefit  of  fund  to 
wliich   belonging,      (Cal.   XI   16;    Wash.   XI   15.) 
All   moneys  belonging  to  municipality  may  be  deposited  in  any 
national  bank  within  municipality  or   in  any  bank  organized 
under   laws  of  3tate  in   manner  and  under  conditions  provided 
by   law.      Hank   to   furnish   as    security   for   deposits  bonds   of 
States,  California  or  any  county,  municipality  or  school 
ttion    district   within    municipality   to   be   ap- 


Index  Dkjkst  1047 


MUNICIPALITIES   (  Con  I  'd ) 
Finances   (Cont'd) 
Deposits  (Cont'd  i 

proved  by  officer  designated  by  law  to  an  amount  in  value  at 
least  10  per  cent,  in  excess  of  amount  of  deposit,  and  to  pay 
reasonable  rate  of  interest  not  less  than  2  per  cent,  per  annum 
on  daily  balances.  Deposit  at  any  time  not  to  exceed  50  per 
cent,  of  paid-up  capital  stock  of  depository  bank,  and  no  officer 
to  deposit  at  one  time  more  than  20  per  cent,  of  public  mom 
available  for  deposit  in  any  bank  while  there  arc  cither  <|ii:i li- 
fted banks  requesting  such  deposits.  (Cal.  XI  10%.) 
All  money  of  "  other  subdivisions  "  of  state  except  as  otherwise 
provided  in  constitution  shall,  whenever  practicable,  be  de- 
posited in  a  national  bank  or  bank  incorporated  under  laws 
of  state;  bank  to  furnish  security  approved  as  provided  by 
law  and  to  pay  reasonable  rate  of  interest,  such  interest  to 
accrue  to  the  fund  from  which  it  is  derived.      (Wyo.  XV  7.) 

Claims  By  and  Against 

No  bills,  claims,  accounts  or  demands  against  political  subdivi- 
sions of  state  to  be  audited,  allowed  or  paid  until  full  item- 
ized written  statement  shall  be  filed  with  the  auditing  ollicer. 

(X.I).    XII    186.) 

"  No  bills,  claims,  accounts  or  demands  against  political  subdi- 
vision of  state  shall  be  audited,  allowed  or  paid  until  a  full 
itemized  statement  in  writing  verified  by  affidavit  shall  be 
filed  with  the  officer  or  officers  whose  duty  it  may  be  to  audit 

same."     (Wyo.  XVI  7.) 

Not  to  be  authorized  or  permitted  to  pay  claim  against  mu- 
nicipality under  contract  made  without  express  authority  of 
law;   and  such  contract   shall  be  null  and  void.      (Cal.  IV  32; 

Ky.  162;  La.  47;  Mo.  IV  48.) 

Legislature  not  to  pay  or  authorize  payment  of  claim  against 
municipality   under    contract    made    without    express   authority 

of  law.      (Tex.   Ill  53.) 

Legislature  not  to  release  or  extinguish  any  indebtedness,  lia- 
bility or  obligation  of  any  corporation  or  person  to  municipal 
corporation.  "  (111.  IV  23;   Mo.  IV  51;   Okla.  V  53;   S.D.   Ill 

24;   Utah  VI  27.) 

Legislature  not  to  release,  diminish  or  authorize  release  or  dimi- 
nution  in  whole  or  in  part  indebtedness  or  liability  of  any 
corporation  or   individual   to   municipality.      (Ky.   52.) 

Legislature  not  to  release  or  extinguish  or  authorize  releasing 
or  extinguishing  any  part  indebtedness  or  obligation  of  cor- 
poration or  individual  to  municipality,  but  heirs  to  confiscated 
property  may  be  released  from  taxes  due  thereon  at  date  of 
its   reversion   to   them.      (La.   59.) 

Legislature  not  to  release  or  extinguish,  or  authorize  releasing 
or  extinguishing  any  part  of  debt  or  obligation  of  corporation 
or  individual   to  municipal  corporation.      (Tex.    Ill    ■">•">.  | 


i-S  State  Constitutions 


MUNICIPALITIES   (Coni'd) 
l'i.\  Cont'd) 

Claims  By  and  Against    (Cont'd) 

jlature  not  to  exchange,  transfer,  remit,  release,  postpone  or 
in  any  way  diminish  any  obligation  owned  by  municipal  cor- 
poration-; and  such  obligation  not  to  be  extinguished  except 
by  payment  into  proper  treasury.  (Wyo.  Ill  40.) 
Private  or  special  legislation  releasing  or  extinguishing  any  part 
of  debt,  liability  or  other  obligation  of  any  person  or  corpo- 
ration to  municipal  corporation  forbidden.      (Cal.  IV  25;   Ida. 

Ill   19;   Wash.  II  28-10.) 

lial    or   local    legislation    ''  relinquishing   or   extinguishing   in 

whole  or   in   part  the   indebtedness,   liability  or   obligation   of 

any  corporation  or  person"  to  any  municipal  corporation  in 

bidden.      (Mont.    V   26;    N.M.    IV   24;    N.D.    II    69; 

Wyo.  Ill  27.) 
Local,   special    or   private   legislation   remitting,    releasing,   post- 
poning or  diminishing  obligation  or  liability  of  person  or  cor- 
onation to  "political  subdivision  of  state"   forbidden.      (Va. 

IV  63.) 
ion  or  liability  of  person,   association  or  corporation 
held   or   owned   by   municipality    to   be   remitted,    released    or 
postponed  or  in  any  way  diminished  by  legislature  nor  extin- 
guished  except  by  payment  nor  exchanged  or  transferred   ex- 
cept upon  payment  of  face  value;   but  this   does  not  prevent 
legislature  providing  by  general  law  for  compromise  of  doubt- 
ful claim.      (Ala.  IV  100.) 
No  obligation  of  any  person  or  corporation  owned  by  municipal 
corporation    to   be   exchanged,    transferred,    remitted,    released 
or   postponed  or   in   any  way   diminished   by   legislature;    nor 
shall    such    liability   be  extinguished   except  by   payment   into 
proper   treasury.      (Colo.  V  38;    Mont.  V  39.) 
No  "Miration  of  persons  or  corporations  to  municipal  corpora- 
tions   to   be    exchanged,    transferred,    remitted,    released,    post- 
poned or  in  any  way  diminished  by  legislature,, nor  shall  such 
obligation    be    extinguished    except    by    payment    into    proper 

ry  or  by  proper  proceeding  in  court.      (N.M.  IV  32.) 
tatute  of  limitations  not  to  run  against  municipal  corporations 
or  subdivisions   of  state  in  civil   cases.      (Miss.   IV   104.) 
Expenditures,  Restrictions  Upon 
//'    '/•  ,•  ral 

islature   not   to    require   municipal    corporations    to    pay 
any    changes    which    at    time    adoption    constitution    were 
payable  out  of  state  treasury.      (Ala.  XI  218.) 
1 1   municipal  corporation  offers  money  or  property  to  state 
locating  or  building  capitol  and  state  accepts,  munici- 
pal   corporation    may    comply    with    the    offer.      (Ga.    VII 

Sec.  VI  1;  Ky.  179.) 


Index   1>k.i-t  imCi 


MUNICIPALITIES   {Cont'd) 
Finances  {('out''!) 

Expenditures,  Restrictions  Upon    (Cont'd) 
In  General  (Cont'd ) 

Municipalities  not  to  pay  any  del>t   <>r  interest   thereon  con- 
tracted   directly    or    indirectly     in     aid     of    the     Rebellion. 

(N.C.  VII  13.) 
Legislature  not   to   authorize   payment   of  any   claim    here- 
after created  against    municipality  under  contract   "made 
without   authority    of    law",    but   this   does    not   apply    to 
claims    incurred    by    public    officers    in    execution    of    state 

laws.      (Utah   VI   30.) 
Aid  to  Prvowte  Enterprise 

For  provisions   rclut nig   to  power  to   lend  credit    to  or  incur 
debts  for  such  purpose,  See  below,  this  title,  Debt —  Pur- 
pose. 
Municipality  or  other  subdivision  of  state  not  to  make 
donation   by   subsidy   or   otherwise   to    individual,   associa- 
tion or  corporation.      (Ariz.  IX  7:    'Mont.  XIII  1.) 
Municipal  corporations  not  to  appropriate  or  obtain  money, 
for     any    company,    association    or     corporation.        i  Ark. 

XII  5.) 
Municipal  corporation  not  to  make  appropriation  or  pay 
from  any  public  fund  or  grant  anything  to  or  in  aid  of 
religious  sect,  church,  creed  or  sectarian  purpose  or  help 
to  support  or  sustain  any  school,  college,  university,  hos- 
pital or  other  institution  controlled  by  any  religious  creed, 
church  or  sectarian  denomination,  but  this  does  not  pre- 
vent legislature  granting  aid  to  institutions  for  the  sup- 
port and  maintenance  of  dependent  children  ami  indigent 
aged  persons  authorized  by  constitution.  (Cal.  IV  30.) 
Municipalities  not  to  make  donation  to  any  railroad  com- 
pany; but  this  does  not  affect  validity  of  bonds  or  debts 
incurred     under     laws     existing     prior     to     constitution. 

(Conn.  Amend.  XXV.) 
Municipality  not  to  appropriate  money  to  any   private  cor- 
poration,  person  or  company.      (Del.  VIII  8.) 
Municipal   corporation   not  to   make  by  vote  of  citizens  or 
otherwise  donation   to  or  in   aid  of   any  joint  stock   com- 
pany,  corporation  or  association.      (Ida.   XII    4.) 
Donations  by  municipality  to   railroad   or   private   corpora- 
tion prohibited.      (111.  Amend.  1S70 — Municipal  subscrip- 
tion to  corporations  separately  submitted.) 
Municipal    corporations    not    to    make    appropriation    in    aid 
of  anv  railroad  or  other  corporation  or  association.     (Mi—. 

VII  1S3.) 

Legislature    not    to    authorize    grants    of    public    money    by 

political    corporation    or    subdivision    of   state   to   or   in    aid 

of  individual   or  association   or   corporation.      But    this    not 


]n50  State  Constitutions 


MUNICIPALITIES  [Cont'd) 

Y\\  t'd) 

Expenditures,  Restrictions  Upon   (Cont'd)  . 
I   to  Private  Enterprise    (Cont'd) 

to  prevent  legislature  authorizing  villages  which  have  or- 
ganized fire  departments  to  maintain  from  municipal  rev- 
enue pension  fund  for  disabled  firemen  and  for  relief  of 
widows  and  minor  children  of  deceased  firemen.      (Mo.  IV 

47.) 

Appropriation  or  donation  by  municipalities  in  aid  of  rail- 
road or  other  corporation  or  association  or  of  "  college 
or  institution  of  learning  or  other  institution  whether 
created  for  or  to  be  controlled  by  the  state  or  others " 
forbidden.  Authority  previously  conferred  by  legislature 
or  any  corporate  charter  repealed;  but  this  does  not  pre- 
vent payment  of  subscription  to  corporate  stock  made  or 
approved  by  people  prior  to  constitution  or  the  payment 
of  then  existing  debt.      (Mo.  IX  G.) 

Donations  in  aid  of  railroads  and  internal  improvements  not 
to  be  made  by  precinct  or  subdivision  of  state  unless 
proposition  has  been  first  submitted  to  qualified  electors 
at  an  election  authorized  by  law.      (Xebr.  XII  2.) 

Except  as  otherwise  provided  in  constitution  municipality 
not  to  make  donations  to  or  in  aid  of,  directly  or  indi- 
rectly, any  person,  association  or  public  or  private  cor- 
poration or  to  any  private  enterprise  for  construction  of 
railroad;  but  this  not  to  be  construed  to  prohibit  pro- 
vision   for    care    of    sick    and    indigent    persons.      (N.M. 

IX    14.) 

Municipality  not  to  make  appropriations  "to  or  for  the  use 
of    any    society,    association    or    corporation    whatever ". 

(N.J.   I  20.) 

Political  subdivisions  not  to  make  donation  to  or  in  aid  of 
individual  association  or  corporation,  except  for  necessary 
support  of  poor.      (N.D.   XII    185.) 

Municipality  not  to  make  donations  to  or  in  aid  of,  or  pay 
the  debt  or  liability  of,  individual,  association  or  corpora- 
tion, except  for  necessary  support  of  poor.      (S.D.  XIII  1.) 

Municipal  corporations  not  to  make  appropriation  or  dona- 
tion to  private  corporation  or  association;  this  not  to 
affect  obligations  undertaken  pursuant  to  law  prior  adop- 
tion  constitution.      (Tex.   XI   3.) 

Municipal  corporation  not  to  give  money  to  or  in  aid  of  in- 
dividual, association,  company  or  corporation,  "except 
for  the  necessary  support  of  the  poor  and  infirm".  (Wash. 

VIII  7.) 

Political    subdivision   not  to   make  donations   to   individual, 
ion  or  corporation  except  for  necessary  support  of 

poor.      (Wyo.   XVI  6.) 


I  xdex  Digest  1051 


MUNICIPALITIES   (Cont'd) 
Finances   (Cont'd) 

Expenditures,  Restrictions  Upon   (Cont'd) 
Aid  to  Private  Enterprise    (Cont'd) 

Donations   by   municipalities   to   railroad  or  telegraph   lines 

forbidden.      l\\yu.    X    Railroads    5.) 
Legislature  not  to  authorize   subdivisions  of  state  to  grant 
public  money  or  thing  of  value  to  or  in   aid  of   individual, 
association  or  corporation  by  issuing  bonds  or  otherwi 
•  (Ala.   IV  94.) 

Legislature  not  to  authorize  municipal  corporations  or  polit- 
ical subdivisions  of  slate  to  appropriate  money  for  cor- 
poration, association,  company,  institution  or  individual, 
except  for  purely  charitable  purposes.  This  not  to  pre- 
vent support  of  schools  by  municipal  corporations  within 
their  limit.  (Ga.  VII  Sec.  VI  1.) 
Legislature  not  to  authorize  political  corporation  or  sub- 
division of  state  to  grant  public  money  or  thing  of  value 
to    or    in    aid    of    individual,    association    or    corpora  lion. 

(Tex.   Ill   52.) 
Extra  Compensation  to  Officers  <in<l  Contractors 

See  also  "  Public  Officers  —  Compensation  "  and  "  Public 

Contracts  ". 

Legislature  not  to   authorize   municipal    authority   to  grant 

extra  compensation,  fee  or  allowance  to  public  officer,  agent 

or   servant  after   service   rendered.      (Gal.    IV    32;    Mo.    [V 

48;  Tex    III  53;  Utah  VI  30.) 
Legislature  not    to   authorize   or   require   nor   municipal    au- 
thority   to    have    authority    to    grant    extra    compensation, 
fee  or  allowance  to  public  officer,  servant  or  employee  or 
agent    after    service    rendered.     This    does    not    apply    to 
allowances  by  commissioners'  court  or  boards  of  revenue 
to  county  officers  for  ex  officio  services.      (Ala.   IV  68.) 
Legislature    not    to    authorize    any    municipal    authority    to 
grant  extra  compensation,  fee  or  allowance  to  public  offi- 
cer;  agent  or   servant.      (La.   47.) 
No   municipal    authority    to    grant   or    authorize    extra    com- 
pensation to  public  officer,   agent  or  employee   after  -ser- 
vice rendered.      (Mich.   XVI   3.) 
Local,  special  and  private  legislation  authorizing  grants  by 
"political  subdivision"  of  state  of  extra  compensation  to 
officer,  servant  or  agent  of,  forbidden.      (Va.  IV  63.) 
Legislature    not    to    authorize    any    municipal    authority    to 
grant  extra  allowance  to  contractor  after  contract  entered 
into,   performed    in    whole   or   in   part.      (Gal.   IV   32;    Mo. 

IV  4S;  Tex.  Ill  .'.3;  Utah  VI  30.) 
Legislature  not  to  authorize  or  require  nor  municipal  author- 
ity   to    have    authority    to    grant    extra    compensation    to 
contractor  after  service  rendered  or  contract  made.      i  Ala. 

IV  08.) 


lOg  STAT1-     (    OXSTITUTIOXS 


MUNICIPALITIES  [Cont'd] 

|'l\  I  t'll) 

Expenditures,  Restrictions  Upon   (Cont'd) 

Extra  Compensation  to  Ofiteevs  and  Contractors  (Cont'd) 

Legislature    not    to   authorize    any    municipal    authority    to 

int  extra  compensation  to  contractor.      (La.  47.) 
No    municipal    authority    to    grant    or   authorize    extra    com- 
pensation to  contractor  after  service  rendered  or  contract 
entered    into.     (Mich.   XVI   3.) 

al,  special  or  private  legislation  authorizing  extra  grants 
to    contractors    from    treasury    of    "political    subdivision" 

forbidden.      (Va.  IV  63.) 
Di 

Existing  Time  Adoption  Constitution 

People  or  legislature  not  to  pass  law  validating  debts  of  mu- 
nicipalities under  territory  if  invalid  at  time  state  admitted. 
This    irrevocable    without   consent    of    United    States.      (Ariz. 

XX  Sixth.) 
i  a  of  municipalities  under  territory  to  remain  valid  and 
unaffected  until  paid  or  refunded  according  to  law.  Pro- 
\  ision  respecting  state's  assumption  of  debts  of  territory  and 
debts  of  counties  not  to  be  construed  as  validating  any  bonds, 
warrants,  obligations  of  or  claims  against  any  municipality 
which  were  invalid  at  time  of  admission  and  legislature  not 
to  pass  any  law  validating  such  invalid  debts  or  claims. 
This    irrepealable    without    consent    of    United    States.       (N.M. 

XXII  12;  XXI  3.) 
i  Ibligation  of  debts  contracted  by  "  bodies  corporate  "  not  affected 

by    the    constitution.      (N.Y.    I    17.) 
Nothing  in  constitution   to  legalize   invalid   debts   of  municipal- 
ities   or   impair   any   defense   against   payment   thereof;    such 
debts  to  be  paid  either  by  tax   levy  or  by  bond  issue  under 
provisions   of   law   extended  in   force   in   state.      (Okla.    Sehed. 

37,  25.) 

Debts   of   subdivisions   of   state  existing  at  time   of   adoption   of 

itution  may  be  bonded  in  sum  not  exceeding  4  per  cent. 

of  assessed  value  of  taxable  property  therein.      (Wyo.  XVI  3.) 

General  Power  to  Incur 

lature  to  restrict  power  of  municipal   corporations  to  bor- 
row  money  or  contract  debts  so  as  to  prevent  abuse  of  that 
■      (SB.    X    I'-    Wyo.   XIII   3.) 

ri   to  be  made  by  geiterkl   laws  to  prevent  abuse  of  power 
f   borrowing  money  and  contracting  debts  by  municipal  cor- 
porations.     (Miss.   IV   80.) 
ture  in  genera]  law  providing  for  organization  to  restrict 
s   oi   municipal  corporations  to  borrow  money  and   con- 
tract debts.      (N.D.  VI  130.) 
iay  be  passed  to  limit  power  of  municipalities  to  incur 
ts   for   local   purposes.      (Ohio  XVIII   13.) 


J  m>kx   Dn.i  ag  1  "53 


MUNICIPALITIES   (Cont'd) 
Debt   (Cont'd) 

General  Power  to  Incur    (Cont'd) 

No  debt  to  be  incurred  by  municipal  corporations  "until  provi- 
sion therefor  shall  have  been  made  hy  the  municipal  govern- 
ment".    (Ga.  Vll  Sec.  X  1.) 
Legislature  may  provide  by  law  for  funding  of  "corporate  . 

of  public  corporations".      (Mont.  XII   8.) 
Local  and  special    legislation    provided    for  bonding   of  precincts 
or   other   municipalities  forbidden.      (Nebr.    Ill    15.) 
Purpose 

In  General 

-No  debt  to  be  incurred  by  municipal  corporation   for  other 
than   strictly   municipal   purposes.      (;Wash.    \lil    6.) 
No  debts  to  be  contracted  by  municipal  corporal  cepl 

in  pursuance  of  law  for  public  purposes  specified  by  law. 

(Wyo.  Mil 
Laws  authorizing  burrowing  of  money  by  "  political  subdivi- 
sion "  to  specify  purpose  for  which  to  be  used  and  use 
limited  to  that  purpose.  (Ky.  178;  Okla.  X  L6.) 
Except  as  otherwise  provided  in  the  constitution  no  debt 
to  be  contracted  by  municipal  corporations  except  in  pur- 
suance of  law  for  public  purpose  specified  by  law.     (S.D. 

X  2.) 
Not  to  issue  interest-bearing  evidences  of  indebtedness  ex- 
cept bonds  authorized  by  law  to  pay  debt  existing  time 
adoption  constitution;  but  incorporated  towns  of  1,000  or 
more  population  and  cities  of  first  and  second  class  may 
issue  bonds  for  specified  purposes  "and  for  any  and  all 
public  buildings,  structures  or  grounds  that  may  be  re- 
quired by  said  municipality  for  the  proper  and  economic 
administration  of  its  gqyernmenl  and  for  any  other  public 
improvements  of  a  general  nature  for  the  use  and  benefil 
of  said  municipality  "  when  approved  on  referendum. 
Such  improvements  may  be  within  or  outside  the  corpo 
rate  limits  of  such  municipality.  (Ark.  XVI  1.) 
Municipal  corporation  may  contract  debt  for  school,  water, 
sanitary  and  illuminating  purposes  provided  town,  city 
or  other  municipal  corporation  contracting  such  debl  own 
"its  just  proportion  of  the  property  thus  created  and 
receive  from  any  income  arising  therefrom,  its  proportion 
to  the  whole  amount  so  invested"!  (Ida.  XII  4.) 
"Except  city  of  New  Orleans",  no  bonds  to  be  issued  for 
any  purpose  other  than  that  stated  in  proposition  >ul>- 
mitted  to  taxpayers  nor  for  a  greater  amount  than  there- 
in stated,  nor  shall  such  bonds  be  issued  for  any  purpose 
other  than  "for  constructing,  improving  and  maintaining 
public  roads  and  highways,  paving  and  improving  - 
roads  and  alleys,  purchasing  and  constructing  BVStems  of 
waterworks,  sewerage,  drainage;  navigation,   lights,   public 


1054  State   Constitutions 


MUNICIPALITIES  [Cont'd) 
Dm  fd) 

Purpose   (Cont'd) 

In  ■'   [Cont'd) 

parks  and  buildings,  together  with  all  necessary  equip- 
ment and  furnishings,  bridges  and  other  works  of  public 
improvement,  the  title  to  which  shall  rest  in  the  sub- 
division  creating  the  debt   as   the   case  may   be".      (La. 

281    (1).) 

Governing  authorities  of  municipal  corporations  "for  the 
purpose  of  paving  or  improving  streets  or  alleys  and  for 
all  municipal  improvements,  after  making  provisions  for 
the  payment  of  all  statutory  and  ordinary  charges  may 
fund    into   bonds".      (La.    281     (4).) 

Bonds  may  be  issued  to  supply  fund  to  pay  for  excess  prop- 
erty appropriated  or  otherwise  acquired  under  excess  con- 
demnation provision;  but  such  bonds  shall  be  lien  only 
against  property  so  acquired  for  the  improvement  and 
excess,   and   shall   not   be   a   liability   of   the  municipality. 

(Ohio  XVIII  10.) 

To  provide  for  interest  and  sinking  fund  charges  during 
construction,  until  completion  and  operation  for  one  year 
of  waterworks,  subways,  underground  or  street  railways 
and    appurtenances    built    by    proceeds    of    municipality's 

obligations.      (Pa.  IX  15.) 

Legislature  may  authorize  political  subdivision  of  county 
or  any  defined  district  which  may  include  towns,  villages 
or  municipal  corporations,  to  issue  bonds  or  otherwise 
lend  credit  in  limited  amount  when  approved  on  referen- 
dum for  irrigation,  drainage  or  navigation  improvements 
or  for  construction,  maintenance  and  operation  of  paved 
roads  and  turnpikes.      (Tex.   Ill   52.) 

Municipalities  not  to  assume  or  pay  any  debt  contracted 
directly    or    indirectly    in    aid    of    the    Rebellion.      (N.C. 

VII  13.) 

Aid  to  Private  or  Corporate  Enterprise 

Legislature  not  to  authorize  any  subdivision  of  state  to 
lend  credit  to  or  in  aid  of  individual,  association  or  cor- 
poration by  issuing  bonds  or  otherwise.  No  political  sub- 
division of  state  to  lend  credit  to  banking  association, 
corporation  or  company.  (Ala.  IV  94;  XIII  253.) 
Municipality  or  other  subdivision  of  state  not  to  give  or  lend 
u-  credit   in  aid  of  individual,  association  or  corporation. 

(Ariz.  IX  7.) 

rot  to  lend  credit  for  any  purpose  whatever;  and  no  munici- 

i,v  to  grant    financial  aid  toward  construction  of  rail- 

-  or  other  private  enterprises  operated  by  any  private 

person   or  corporation.     Not  to  obtain  money  for  or  lend 

•iit  to  corporation,  association,  institution  or  individual. 

(Ark.  XVI   1;   XII  5.) 


Index  Digest  1055 


MUNICIPALITIES   (Cont'd) 
Debt  (Cont'd) 

Purpose    (Cont'd) 

Aid  to  Private  or  Corporate  Enterprise  (Cont'd) 

Legislature    not    to    authorize    giving    or    lending    credit    <>f 
"  political  corporation  or  subdivision  of   Btate  "  in  aid  of 
any    person,    association    or    corporation    or    pledge    credit 
thereof  for   payment  of  liabilities  of  any  individual,  a-- 
dation  or  corporation.     (Cal.  IV  31.) 

Municipality  not  to  lend  credit  directly  or  indirectly  in  aid 
of  any  railroad  corporation;  but  not  to  affect  validity 
of  bonds   or   debts    incurred    under   laws    existing  prior   to 

constitution.      (Conn.  Amend.  XXV.) 

Municipalities  not  to  lend  credit  or  assume  debt  of  any 
private  corporation,  person  or  company.      (Del.   VII 1    8.) 

Legislature  not  to  authorize  municipal  corporation  or  other 
political  subdivision  of  state  to  lend  credit  to  corporation, 
company,  association,  institution  or  individual,  except  for 
purely  charitable  purposes.  This  not  to  prevent  support 
of  schools  by  municipal  corporations  within  their  limits; 
and  if  municipal  corporation  offers  to  state  property  for 
capitol  building  and  state  accepts,  corporation  may  com- 
ply.    (Ga.  VII  Sec.  VI  1.) 

No  "  subdivision  ?'  to  lend  or  pledge  credit  or  faith  in  any 
manner  to  or  in  aid  of  any  individual,  association  or  cor- 
poration, for  any  amount  or  any  purpose  or  become  re- 
sponsible for  the  debt,  contract  or  liability  of  any  in- 
dividual, association  or  corporation  in  or  out  of  state. 
No  municipal  corporatiqn  to  raise  money  for  or  lend 
credit,  by  vote  of  citizens  or  otherwise,  to  or  in  aid  of 
any    joint    stock    company,    corporation    or    association. 

(Ida.  VIII   4;    XII   4.) 

Loan  of  credit  by  municipalities  in  aid  of  railroad  or  private 
corporation  forbidden.  (111.  Amend.  1870  —  Municipal 
Subscriptions  to  Corporations   Separately  submitted.) 

No  political  corporation  of  state  to  assume  liabilities  of 
private  or  other  corporation  or  association.      (La.  58.) 

Municipal  corporations  not  to  lend  credit  in  aid  of  railroad 
or  other  corporation  or  association.      (Miss.  VII  183.) 

Legislature  not  to  authorize  loans  of  credit  by  political 
corporations  or  subdivisions  of  state  to  individual,  asso- 
ciation or  corporation.      (Mo.  IV  47.) 

Municipalities  not  to  lend  credit  to  railroad  or  other  cor- 
poration or  association  or  to  any  "college  or  institution 
of  learning  or  other  institution  whether  created  for  or  to 
be  controlled  by  state  or  others".  Authority  previously 
conferred  by  legislature  or  by  corporate  charters  repealed. 
This  does  not  prevent  issue  of  bonds  or  other  means  of 
payment  of  subscription  to  corporate  stock  authorized  by 
people  prior  to  constitution  or  of  other  then  existing  debt. 

[Mo.  IX  6.) 


.      I  '..>NST1TUTI<).\> 


MUNICIPALITIES  (Cont'd) 

Purpose   (Cont'd) 

Aid  to  Privaii    or  t  wporiste  Enterprise  (Cont'd) 

•■  Subdivision"  of  state  not  to  give  or  lend  credit  in  aid  of 
individual,  uni  or  corporation.      (Mont.  XIII   1.) 

Municipalities  not  to  give  or  lend  credit  in  aid  of  indi- 
vidual, association  or  corporation.      (Mont.  XIII   1.) 

Xo  "precinct,  municipality  or  other  subdivision  of  the  state" 
to  make  ill Hiations  to  "  railroad  or  other  works  of  internal 
improvement ''  unless  proposition  therefor  first  submitted 
to  qualified  electors  at  election  by  authority  of  law;  such 
donations  of  county,  with  donations  of  subdivisions  there- 
of, not  in  aggregate  to  exceed  10  per  cent,  of  assessed 
valuation  of  such  county.      (Xebr.  XII  2.) 

Municipal  corporations  not  to  lend  credit  in  aid  of  any  joint 
-rock  company,  corporation  or  association  except  railroad 
corporations,  companies  or  associations.      (Xev.  VIII  10.) 

Except  as  otherwise  provided  in  constitution,  municipality 
not  to  lend  or  pledge  its  credit  directly  or  indirectly  in 
aid  of  any  person,  association  or  corporation  or  of  any 
private  enterprise  for  construction  of  railroad;  this  not  to 
be  construed  to  prohibit  care  of  sick  and  indigent  persons; 
and  not  to  prevent  issue  of  bonds  to  pay  or  refund  valid 
bonds  of  municipality.      (X.M.  IX  14,  15.) 

"  Political  subdivisions  "  not  to  give  or  lend  credit  to  or  in 
aid  of  any  individual,  association  or  corporation,  except 
fur  necessary  support  of  poor.     (X.D.  XII  185.) 

Municipal  corporations  not  to  raise  money  for  or  lend  credit 
to  or  in  aid  of  any  company,  corporation  or  association, 
by  vote  of  citizens  or  otherwise.      (Ore.  XI  9.) 

Municipality  not  to  lend  or  give  credit  to  or  in  aid  of,  or 
become  responsible  for  debt  or  liability  of,  individual, 
association   or   corporation,   except   for   necessary   support 

of  poor.  (  (S.D.  XIII  1.) 

Municipal  corporation  not  to  lend  credit  to  any  private 
<<>;poratioii  or  association;  this  not  to  affect  obligations 
undertaken   pursuant   to   law   prior   adoption   constitution. 

(Tex.  XI  3.) 

Legislature  not  to  authorize  political  corporation  or  sub- 
division of  state  to  lend  credit  to  any  individual. 
asBooiatita  or  corporation,  but  special  authorization  to 
join  wiili  county  or  other  political  subdivision  or  district 
in  lending  credit  or  incurring  debt  for  or  in  aid  of  irriga- 
tion,  drainage  or  navigation  improvements  or  construction 
and  maintenance  of  roads;  provided]  total  debt  of  city 
or  town  not  thereby  to  exceed  limit  imposed  by  other 
sections  constitution;      (Tex.    Ill  52.) 


I.NDK.X.     l)l(,l-.M  10;,  7 


MUNICIPALITIES  (Cont'd) 

Debt  (Cont'd) 

Purpose   (Cont'd) 

Aid  to  Prii<ttv  or  t.'orporate  Enterprise   (Cont'd) 

Legislature  nut  to  authorize  '•  political  suhdi visions  "  to 
lend  credit  in  aid  of  any  railroad,  telegraph  or  other 
private  individual  or  corporate  enterprise  or  Undertaking. 

(Utah   VI   31.) 

Municipal   corporations  not  to   lend    money  or  credit    to   or 

in  aid  of  individual,  association,  company   or   Corporation 

""except  for  the  necessary  support  of  the  poor  and  infirm  ". 

(Wash.  VIII  7.) 
1'olitieal  subdivision  not  to  give  or  lend  credit  to  individual, 
association  or  corporation  except  for  necessary  support 
of  poor.  Municipalities  not  to  give  or  lend  credit  in  aid 
of  railroad  or  telegraph  lines;  but  this  does  not  affect 
obligations     contracted     prior     to     adoption     constitution. 

(Wyo.  XVI  (I.  j 
AAA    to    Other    Municipalities 

Legislature  not  to  authorize  political  corporation  or  sub- 
division of  state  to  give  or  lend  credit  in  aid  of  any 
municipal  corporation  or  to  pledge  credit  thereof  for  pay- 
ment  of    liabilities   of   any    municipal    corporation.      (Cal. 

IV  31.) 
No  political  corporation  of  state  to  assume  liabilities  of 
political,  municipal  or  parochial  corporation.  (La.  5S.) 
Except  as  otherwise  provided  in  constitution  municipality 
not  to  lend  or  pledge  credit,  directly  or  indirectly,  to  or 
in  aid  of  any  public  corporation;  but  this  not  to  prohibit 
municipality  making  provision  for  care  of  sick  and 
indigent  persons;  and  not  to  prevent  issue  of  bonds  to 
pay   or    refund   valid   bonds   of   municipality.      (N.M.    IX 

14,  15.) 
Application  of  Proceeds 

No   money   raised   for   a    specified    purpose   to   be    used    for   any 

other  purpose.      (Ark.  XVI   1.) 

Money  borrowed  by  "  political  subdivision  "  to  be  used  solely  for 

purpose   specified   in   law   authorizing   loan.      (  Ky.    17S;    Okla. 

X  16.) 

Moneys    borrowed    by    municipalities   or    "  legal    subdivisions   of 

state  "  to  be  used  only  for  purpose  specified  in  law  authorizing 

loan,      i  Utah  XIV  5.) 
Moneys    borrowed    by    municipalities    or    other    "  subdivision    of 
state"  to  be  used  only  for  purposes  specified  in   law  authoriz- 
ing loan.      (Mont.   XIII   3.) 
Limited  in  case  of  municipal  corporations  to  purpose  for  which 
obtained    or    to    repayment    of    the    debt    or    liability    created 

therefor.     |  Mo.  X  20.) 


[098  State  Constitutions 


MUNICIPALITIES   (Cont'd) 
Debt   (Cont'd) 

Application  of  Proceeds   (Cont'd) 

Money  borrowed  by  municipalities  to  be  applied  to  purpose  for 
which  obtained  or  to  repay  such  loan  and  to  no  other  purpose. 

(N.M.    IX    9.) 
Money   raised  by  loan   or  assessment  by  municipal   corporations 
for    any    purpose    not   to    be    diverted    to    any    other    purpose 
except  by  authority  of  law.      (N.D.  VI   130;  S.D.  X  2.) 
Referendum  on  Proposition  to  Incur 

Private,  local  or  special  legislation  authorizing  issuance  of 
bonds  or  other  securities  by  political  subdivisions  of  counties 
forbidden  unless  authorized  before  enactment  such  law  by  vote 
qualified  electors  thereof  at  election  held  for  purpose  in  man- 
ner prescribed  by  law;  but  legislature  may  without  such 
election  pass  special  laws  to  refund  bonds  issued  before 
ratification    constitution.      (Ala.   IV    104.) 

islature  may  pass  general  laws  authorizing  districts  or  other 
political  subdivisions  of  counties  to  issue  bonds;  but  none  to 
be  issued  under  such  general  laws  unless  first  authorized  by 
majority  vote  by  ballot  of  qualified  voters  thereof  voting  on 
proposition.  Special  provision  for  form  of  ballot.  This  not 
to  apply  to  renewal,  refunding  or  reissuing  of  bonds  lawfully 
issued  or  authorized  by  law  enacted  prior  to  ratification  con- 
stitution; and  not  to  apply  to  obligations  incurred  or  bonds  to 
be  issued  to  pay  for  street  and  sidewalk  improvements  or 
sanitary  or  storm-water  sewers,  the  cost  of  which  is  assessed 
in  whole  or  part  against  property  abutting  said  improvements 
or  drained  by  such  sewers.  (Ala.  XII  222.) 
Municipal  corporations  not  to  become  indebted  for  any  purpose  in 
any  manner  to  amount  exceeding  4  per  cent,  of  taxable  property 
without  assent  of  majority  property  taxpayers  who  must  also 
be  qualified  electors  voting  at  election  provided  by  law  to  be 
held  for  the  purpose;  value  of  taxable  property  to  be 
ascertained  by  last  assessment  for  state  and  county  purposes 
previous  to  incurring  debt.  (Ariz.  IX  8.)  - 
"  Questions  upon  bond  issues  shall  be  submitted  to  the  vote  of 
property  taxpayers  who  shall  also  in  all  respects  be  qualified 
electors  of  the  political   subdivision     *      *      *     af- 

fected by  such  question".  (Ariz.  VII  13.) 
No  debts,  except  to  pay  those  existing  time  adoption  constitu- 
tion, to  be  incurred  without  consent  of  majority  of  qualified 
electors  voting  on  question  at  election  held  for  purpose.  De- 
tailed provisions  as  to  ordinance  authorizing  debt  and  its  sub- 
mission to  referendum.  (Ark.  XVI  1.) 
Municipal  corporation  or  political  division  of  state  not  to  in- 
cur new  debt  except  for  temporary  loan  to  supply  casual  de- 
ficiencies  of  revenue,  which  shall  not  exceed  one-fifth  of  1  per 
cent,    of   assessed   value   of   taxable   property   therein,   without 


Indk.x   Digest  1059 


MUNICIPALITIES   (Cont'd) 
Debt  (Cont'd) 

Referendum  on  Proposition  to  Incur   {Gonttd) 

assent  of  two-thirds  qualified  voters  at  election  for  purpose 
held  as  prescribed  by  law.  (Ca.  VII  Sec.  \  II  1.) 
Municipal  or  political  corporation  despite  the  constitutional 
limitation  on  amount  of  their  di'bts  may  in  time  of  war.  for- 
eign invasion  or  other  great  public  calamity,  incur  debts  neces- 
sary for  public  protection  and  defense  "  on  petition  of  major- 
ity of  the  property  owners  in  number  and  value  within  the 
limits  of  such  corporation"  to  amount  requested  in  such  peti- 
tion. (Ind.  XIII  1.) 
No  municipality  to  become  indebted  in  any  manner  or  for  any 
purpose  to  amount  exceeding  in  any  year  income  and  revenue 
for  that  year  without  consent  of  two-thirds  voters  voting  at 
election  held  for  the  purpose.  Indebtedness  contracted  in 
violation  of  this  provision  to  be  void  and  not  to  be  assumed 
by    municipality    or    enforceable    against    persons   contracting. 

(Ky.  K 
"  Except  city  of  New  Orleans  "  no  bonds  to  be  issued  by  munici- 
pal corporations  unless  authorized  by  vote  of  majority  "  in 
number  and  amount  of  the  property  taxpayers"  qualified  to 
vote  and  who  vote  at  election  held  for  purpose  after  due 
notice  by  newspaper  publication  as  specified.  Similar  and  de- 
tailed   provisions    for    renewal    and    refunding    bonds.       (La. 

281    (1),    (6).) 
On  questions  submitted  to  taxpayers  "  as  such  "  of  municipal  or 
other    political    subdivisions   of   state,   women   taxpayers   shall 
have  the  right  to  vote  "without  registration   in   person  or  by 
their   agents   authorized   in  writing ".      All   other   persons  vot- 
ing at  such  election  to  be  registered  voters  and  all  taxpayers 
to  vote   must  have  qualifications  respecting  age  and  residence 
prescribed  by  constitution.      (La.   199.) 
On    questions   submitted     to    electors     involving     "the     issue    of 
bonds ",    women    having    qualifications    of    male    electors    and 
who  have  "property  assessed  for  taxes  in  any  part  of  the  dis- 
trict   or    territory    to   be    affected    by    the   result   of    such   elec- 
tion "  to  be  entitled  to  vote.      I  Mich.  Ill  4.) 
No  political  corporation  or  subdivision  of  state  to  be  allowed  to 
become  indebted  in  any  manner  or  for  any  purpose  to  amount 
exceeding   in   any  year   income   and   revenue   provided    in    Buch 
year   without  assent  two-thirds  voters  then  of.   voting   at  elec- 
tion held  for  purpose.     (Mo.  X  12.) 
No  debt  to  be  contracted  nor  faith  or  credit  pledged  by  munici- 
pal corporation  unless  "  by  a  vote  "  of  majority  of  qualified 

voters.      (N.<  ,  VII   7.) 

No  political  corporation  or  subdivision  of  state  to  be  allowed  to 

become  indebted  in  any  manner  for  any  purpose  to  amount  ex- 


State   Coxstitutioxs 


MUNICIPALITIES   {Cont'd) 
De;  t'd) 

Referendum  on  Proposition  to  Incur   (Cont'd  \ 

iifilin"  in  anv  year  income  and  revenue  provided  in  such  vear 
without    asidnt    three-lifths    voters    thereof    voting    at    election 

held   for   purpose.      (Okla.    X   26.) 

No  municipality  or  district  to  incur  any  new  debt  or  increase  its 
indebtedness  to  an  amount  Exceeding  2  per  cent,  of  assessed 
valuation  of  taxable  property  therein  without  assent  of  elec- 
tor-  thereof   voting  at  public  election  in   manner   provided  by 

law.      (Pa.  IX  S.) 

No  debt   to  be   incurred   for   water    supply,     street    railways   or 
I  iting  plants,  unless  authorized  by  vote  of  majority  electors. 
No    municipal    corporation   or    subdivision    of    state    to    be    in- 
cluded in   any  other  "district  or  subdivision"  incurring  such 
debt   without   majority   vote   of   its   electors   in   favor   thereof. 

(S.D.  XIII  4.) 

Xo  debt  to  be  contracted  by  municipal  corporation  under  pro- 
vision limiting  the  amount  of  debt  unless  all  questions  con- 
nected therewith  shall  have  been  approved  by  three-fifths  of 
▼fltee   ta  •:    far  and  against  on   submission   to  people.      (W.Va. 

X  8.) 

No  municipal  corporation  to  become  indebted  for  any  purpose  in 
any  maun. ■;■  to  amount  exceeding  iy2  per  cent,  of  taxable  prop- 
erty in  counts  without  assent  of  three-fifth*  voters  voting  at 
election  held  for  that  purpose.      (Wash.  VIII  6.) 
Limit  of  Amount 

.Municipal  corporation  having  less  than  6,000  population 
except  as  otherwise  provided  in  constitution,  not  to  become  in- 
debted in  amount  "  including  present  indebtedness  "  exceeding 
5  per  cent,  assessed  value  of  property  therein  except  for  con-. 
struction  or  purchase  of  waterworks,  gas  or  electric  lighting 
plants  or  sewerage,  or  for  improvement  of  streets  for  which 
purposes  additional  debt  not  exceeding  3  per  cent,  may  be  cre- 
ated. Limitation  not  to  affect  debt  authorized  time  adoption 
constitution,  nor  temporary  loans  to  be  paid  within  one  year 
made  in  anticipation  of  collection  of  taxes,  not  exceeding  one- 
quarter  of  annual  revenues  of  such  municipal  corporation; 
and  not  to  prevent  funding  or  refunding  of  "  existing  indebted- 
ness ".     (Ala.  XII  225.) 

S'ot  to  exceed  in  aggregate  7  per  cent,  of  assessed  value  of  real 
;md  personal  property  therein  according  to  last  general  assess- 
ment. Debt  may  be  incurred  for  waterworks  or  lighting  plants 
when  approved  on  referendum  in  excess  of  this  limitation; 
and  -  i.'i  debt  not  to  be  included  in  computation  of  existing 
debt  in  order  to  determine  power  to  become  further  indebted. 
provided  a  mortgage  or  other  lien  on  such  works  or  plant  and 
its    f!:""']''  Iveii    as   additional    security   for    such    debts. 

(Ark.   XVI   I.) 


Endes    1  >n .  i-:st  DMS1 


MUNICIPALITIES   (Cont'd) 
Debt  (Cont'd) 

Limit  of  Amount   (Cont'd) 

Municipal  or  political  corporations  not  to  beBDtne  indebted  in 
any  manner  or  for  any  purpose  to  nn  amount  in  the  aggregate 
exceeding  2  per  cent,  of  taxable  property  ascertained  by  last 
assessment  for  state  and  county  taxes  previous  to  incurring 
debt;  and  all  bonds  or  obligations  in  excess  of  this  limit  to  be 
void,  except  that  in  time  of  war,  foreign  invasion  or  other 
great  public  calamity,  "on  petition  of  majoriu  of  the  property 
owners  in  number  and  value  within  the  limits  of  such  cor- 
poration, the  public  authorities  in  their  discretion  may  incur 
obligations  necessary  for  the  public  protection  and  defense,  to 
such  an  amount  as  may  be  requested  in  such   petition  ".    (  Ind. 

XIII    1.) 

Municipal  or  political  corporations  not  to  be  allowed  to  be- 
come indebted  in  any  manner  or  for  any  purpose  to  amount  in 
aggregate  exceeding  5  per  cent,  on  value  of  taxable  property 
therein,  ascertained  from  last  state  and  county  tax  lists  pre- 
vious  to  incurring  debt.      (Iowa  XI   3.) 

Xo  subdivision  of  state  to  incur  any  debt  or  liability  in  any  man- 
ner for  any  purpose  "  exceeding  in  that  year  "  income  and 
revenue  provided  for  it  for  such  year  without  a>scnt  two-thirds 
qualified  electors  thereof  voting  at  election  held  for  purpose. 
Any  debt  or  liability  incurred  contrary  to  this  provision  to  be 
void,  but  this  not  to  be  construed  "to  apply  to  the  ordinary 
and  necessary  expenses  authorized  by  the  general  laws  of  the 

state  •'.      (Ida.  VIII  3.) 

Municipal  corporations  not  to  be  allowed  to  become  indebted  in 
in  any  manner  or  for  any  purpose  to  amount  including  ex- 
isting  indebtedness  in  aggregate  exceeding  5  per  cent,  value  of 
taxable  property  therein,  ascertained  by  last  assessment  for 
state  and  county  taxes  previous  to  incurring  debt  ;  but  this 
not  to  prevent  issuing  bonds  in  compliance  with  vote  of  peo- 
ple had   prior   to  adoption  constitution   in   pursuance   of   law. 

I  [11.    XI    12.) 

Except  as  otherwise  provided  in  constitution,  debt  of  municipal 
corporation  or  political  division  of  state  not  to  exceed  7  per 
cent,  assessed  value  taxable  property  therein;  city  whose  d 
at  time  adoption  constitution  does  not  exceed  7  per  cent,  as- 
sessed value  may  be  authorized  by  law  to  increase  ai  any  time 
amount  of  said  debt  "3  per  centum  upon  such  assessed  valua- 
tion -.     Kia.  VII   Sec.  VII   I.) 

Xo  municipality  to  be  authorized  or  permitted  to  incur  debt  to 
amount  including  existing  debt  in  aggregate  exceeding  2  per 
cent  of  value  of  taxable  property  therein,  ascertained  by  as- 
sessment next  before  last  assessment  previou-,  to  incurring 
debt.  Debts  in  excess  of  this  limit  may  be  contracted  when 
authorized  by   laws   in   force   prior   to  adoption  of  constitution 


[062  State  Constitutions 


MUNICIPALITIES  (Cont'd) 
ln.r.i    [Cont'd) 

Limit  of  Amount   (Cont'd) 

or  when  necessary  for  completion  and  payment  for  public  im- 
provement undertaken  and  not  completed  and  paid  for  at  time 
of  adoption;  any  municipality  whose  debt  exceeds  limit  at 
time  adoption  ((institution  not  to  increase  debt  more  than  1 
per  cent,  in  aggregate  of  value  of  taxable  property  therein 
until  debt  reduced  within  limit  and  thereafter  not  to  exceed 
limit  "'  unless  in  case  of  emergency,  the  public  health  or  safety 
should  so  require".  Renewal  bonds  or  bonds  to  fund  floating 
debt   not  prevented  by  this  limitation.      (Ky.  15S.) 

••  Except  city  of  New  Orleans",  total  bonds  of  municipal  corpor- 
ations for  all  purposes  never  to  exceed  10  per  cent,  of  as- 
sessed  valuation  "of  the  property"  therein.      (La.  281    (1).) 

No  political  corporation  or  subdivision  of  state  to  be  allowed  to 
incur  debt  to  amount  including  existing  debt  in  aggregate  ex- 
ceeding  ">  per  cent,  of  value  of  taxable  property  therein,  ascer- 
tained by  assessment  next  before  last  assessment  for  state  and 
unty  purposes  previous  to  incurring  debt.      (Mo.  X   12.) 

Corporate  authority  of  any  political  subdivision  of  state  having 
more  than  200,000  inhabitants  which  has  exceeded  its  consti- 
tutional limit  of  debt  not  to  incur  further  bonded  debt  except 
for  renewal  of  other  bonds  "until  such  excess  of  indebtedness 
ceases  ".  But  such  corporate  authorities  "  may,  in  anticipation 
of  the  customary  annual  revenue  thereof,  appropriate  during 
any  fiscal  year  towards  the  general  governmental  expenses 
thereof  a  .sum  not  exceeding  seven-eighths  of  the  entire  revenue 
applicable  to  general  governmental  purposes  (exclusive  of  the 
payment  of  the  bonded  debt  of  such  municipal  subdivision) 
that  was  actually  raised  by  taxes  alone  during  the  preceding 

years".      (Mo.  IX  19.) 

Legislature  not  to  authorize  municipal  corporation  to  issue 
bonds  or  incur  indebtedness  in  any  manner  "  to  aid  in  the 
construction  or  equipment  of  any  or  all  railroads"  to  an 
amount  exceeding  5  per  cent,  of  value  of  taxable  property; 
sii.  h  value  to  be  ascertained  by  last  assessment  for  state  and 
county  taxes  previous  to  incurring  debt.  (Minn.  IX  15.) 
Debts  of  political  subdivisions  of  state  never  to  exceed  5  per 
ccnl.  of  assessed  value  of  taxable  property  therein  and  bonds 
or  obligations  in  excess  of  this  limit  to  be  void.  Entire 
amount  of  existing  debt,  whether  contracted  prior  or  subse- 
quent to  adoption  of  constitution,  to  be  included  in  comput- 
ing existing  debt  for  purpose  of  determining  power  to  become 

further  indebted.      (N.D.  XII  1S3.) 

Municipality  may  issue  mortgage  bonds  beyond  its  general  debt 

limit  to  acquire,  construct  or  extend  a  public  utility,  provided 

tal   -mil  bonds  shall  not  impose  any  liability  upon  municipal- 

shall   be  secured  only  upon  property  and   revenue  of 


Index  Digest  1063 


MUNICIPALITIES   (Cont'd) 
Debt   (Cont'd) 

Limit  of  Amount   (Cont'd) 

public  utility,  including  a  franchise  stating  term 8  upon  which, 
in  case  of  foreclosure,  the  purchaser  ma\  operate  Bame,  which 
franchise  shall  in  no  case  extend  for  more  than  20  years 
from  sale  on  foreclosure.  (Ohio  XVIII  12.) 
Bonds  issued  by  municipalities  to  pay  for  excess  land  condemned 
for  public  improvement  to  be  lien  on  such   i  and  not  to 

be  "included  in  any  limitation  of  the  bonded  indebtedness  of 
such  municipality  prescribed  by  law".      (Ohio  XVIII    10.) 
No  political  corporation  or  subdivision  of  state  to  be  allowed  to 
incur  debt  in  excess  of  income  and  revenue  to  amount  includ- 
ing existing  debt  in  aggregate  exceeding  5  per  cent,  valuation 
taxable   property   therein   to   be   ascertained   from    last   assess- 
ment for  state  and  county  purposes  previous  to  incurring  debt. 
Limitation   on   amount  of  debt   which   a   "municipality"   may 
incur  not  to  "  apply  "  to  debt  created  or  bonds  issued  to  pay 
debts  existing  under  territory.     (Okla.  X  26;   Sched.  25.) 
Txcept  as  provided  in  constitution,  debt  of  municipality  or  in- 
corporated  district   never   to   exceed   7    per    cent,    on    assess,  i 
value  of  taxable  property  therein.      (Pa.  IX  8.) 
Any    municipality    other    than    Philadelphia    may    incur    debt    in 
excess  of  the  constitutional   limit  of  7   per   cent,  but  not  ex- 
ceeding 10  per  cent,  of  the  assessed  valuation  of  taxable  prop- 
erty  therein    if    such    increase    assented    to   by   three-fifths   of 
electors  voting  at  public  election  in  manner  provided  by  law. 

(Pa.  IX  15.) 
In  computing  existing  debt  in  order  to  determine  right  to  be- 
come further  indebted,  obligations  issued  prior  to  adoption 
constitutional  provision  or  thereafter  issued  by  any  muni- 
cipality other  than  Philadelphia,  to  provide  for  construction 
or  acquisition  of  waterworks,  subways,  underground  railways 
or  street  railways  or  appurtenances  thereof  not  to  be  consid- 
ered as  "  a  debt  within  meaning  of  constitutional  limitation 
on  amount"  if  net  revenue  derived  from  said  property  for 
period  of  five  years  either  before  or  after  acquisition  thereof, 
or  where  constructed  by  county,  for  period  of  five  years  after 
completion  thereof  shall  have  been  sufficient  to  pay  interest 
and  sinking  fund  charges  during  said  period  upon  said  obliga- 
tions, or  if  said  obligations  be  secured  by  lien  upon  the  re- 
spective  properties   and    shall    impose   no   municipal    liability. 

(Pa.  IX  15.) 
Debt  of  municipal  corporation  or  political  division  or  subdi- 
vision of  state  not  to  exceed  S  pier  cent,  assessed  value  taxable 
property  therein  and  not  to  be  authorized  to  increase  bonded 
debt  if  existing  bonded  debt  amounts  to  8  per  cent,  of  taxable 
property  as  ascertained  by  valuation   for  state  taxes.     When 


064  State  Constitutions 


MUNICIPALITIES   ( Cont'd ) 
Dh 

Limit  of  Amount   {Cont'd) 

several  political  divisions  or  municipal  corporations  cover 
same  territory  each  of  such  divisions  or  corporations  to  "  so 
exercise  i t>  power  to  increase  its  debt"  that  aggregate  debt 
upon  any  territory  of  state  shall  never  exceed  15  per  cent,  of 
taxable  property  in  such  territory  as  valued  for  state  taxes. 
This  not  to  prevent  issue  of  bonds  to  refund  valid  muni- 
rijml  debt  contracted  in  excess  of  the  8  per  cent,  limit  prior 
adoption  of  constitution.  (S.C.  X  5.) 
Eight  per  cent,  limit  not  to  apply  to  bonded  debt  incurred  by 
any  municipal  corporation  to  be  used  exclusively  for  purchase, 
cr-taMi-hment  and  maintenance  of  waterworks,  sewerage  sys- 
tem or  lighting  plant,  when  proposition  submitted  to  free- 
holders and  qualified  voters  as  provided  by  constitution  for 
Other  bonded  debt  (S.C.  VIII  7.) 
Debt  of  subdivisions  of  state  not  to  exceed  5  per  cent,  of  as- 
sessed valuation  of  taxable  property  therein  for  year  preced- 
ing that  in  which  indebtedness  to  be  incurred.  "In  estimat- 
ing amount  of  the  indebtedness  which  a  municipal  subdi- 
vision may  incur,  the  amount  of  indebtedness  contracted  prior 
to  the  adoption  of  the  constitution  shall  be  included  ".      (S.D. 

XIII  4.) 
In  addition  to  the  limit  of  5  per  cent,  of  its  assessed  valuation, 
municipal  corporation  or  other  subdivision  of  state  may  in- 
cur additional  debt  not  exceeding  10  per  cent,  of  assessed  valu- 
ation for  preceding  year  "  for  the  purpose  of  providing  water 
and  sewerage  for  irrigation,  domestic  uses,  sewerage  and  other 
purposes " ;  and  cities  of  8,000  or  more  may  incur  debt  not 
exceeding  8  per  cent,  for  construction  of  street  railways, 
electric  lights  or  other  lighting  plants.  (S.D.  XIII  4.) 
Political  subdivision  of  state  or  county  or  any  defined  district 
which  may  include  towns,  villages  or  municipal  corporations 
may  is-u.'  bonds  or  otherwise  lend  credit  in,  amount  not  ex- 
lin^r  one-quarter  of  assessed  valuation  of  real  property  of 
mi. li  distrit-1  when  approved,  on  referendum  for  irrigation, 
drainage  or  navigation  improvements  or  in  aid  thereof,  or 
the  construction,  maintenance  and  operation  of  paved  roads 
and  turnpikes  or  in  aid  thereof.  This  authorization  to  be  in 
addition  to  all  other  debts  except  that  total  bonded  debt  of  any 
city   ur  town  not   to  exceed  limit  imposed  by  other  provisions 

of  constitution.     (Tex.  Ill  52.) 
miiicipul    corporation    to   become    indebted    "to    an    amount 
uding  exUtinir  indebtedness  exceeding  4  per  centum  of  the 
value  ni   the   taxable   property   therein  ".     Limit  to   be   ascer- 
ed  by  Ja>t  assessment  for  state  and  county  purposes  pre- 
vious t„  ineurin^  debt,  except  that  in  incorporated  cities  last 
Bsessment  for  city  purposes  to  be  taken.      (Utah  XIV  4.) 


Ixni.x   Digest  10£6 


MUNICIPALITIES   (Cont'd) 
Debt   (Cont'd) 

Limit  of  Amount   (Cont'd) 

No  municipal  corporation  to  be  allowed  to  become  indebted  in 
any  manner  or  for  any  purpose  to  an  amount  including  exist- 
big  debt  in  aggregate  exceeding  5  per  cent,  of  value  "f  taxa- 
ble property  therein  to  be  ascertained  I'.v  la-.t  assessment  for 
state  and  county  taxvs  previous  to  incurring  debt.  Bonds  al- 
ready authorized  to  be  issued  i  at  time  (.f  adoption  of  con- 
stitution)   excepted  from  operation  of   limit,      i  W.V.i.   X   8.) 

No  municipal  corporation  to  become  indebted  for  any  purpose 
in  any  manner  to  amount  exceeding  1$£  per  cent,  of  taxable 
property  therein  without  referendum;  and  with  such  assent 
total  indebtedness  at  any  time  not  to  exceed  f>  per  cent,  on 
value  of  taxable  property.  Value  of  taxable  property  to  be 
ascertained  from  last  assessment  for  state  and  county  pur- 
poses previous  to  incurring  debt.     (Wash.  VIII  6.) 

No  municipal  corporation  to  be  f  allowed  to  become  indebted  in 
in  any  manner  or  for  any  purpose  to  any  amount  including  ex- 
isting indebtedness  in  the  aggregate  exceeding  5  per  cent,  on 
the  value  of  the  taxable  property  therein  *'.  Value  of  taxable 
property  to  be  ascertained  by  last  assessment  for  state  and 
county  taxes  previous  to  incurring  debt,      (Wis.  XI  3.) 

Debt  of   subdivision  of   state  existing  prior   to  constitution  may 

be  bonded  in  sum  not  exceeding  -4  per  cent,  on  assessed  value 

taxable  property  therein  as  shown  by  last  general  assessment. 

|\Vvo.  XVI  3.) 
Bonds 

For  exemption  of  from  taxation,  See  Taxattox* —  Exemptioxs. 

Any  municipality  or  other  public  corporation  issuing  bonds  un- 
der laws  of  state  may  make  such  bonds  and  interest  thereon 
payable  at  any  place  or  places  within  or  outside  of  United 
States  in  any  money,  domestic  or  foreign,  designated  in  said 

bonds.      (Cal.  XI   13%.) 

"  Except  city  of  New  Orleans  ",  bonds  not  to  run  for  longer 
period  than  40  years  from  their  date  and  not  to  bear  inter- 
est at  a  greater  rate  than  5  per  cent,  per  annum  and  not  to 
be  sold  for  less  than  par.  Similar  provision  for  renewal  or  re- 
funding bonds.      (La.  281    (1),    (6).) 

Nd  bond  or  evidence  of  debt  of  political  subdivision  of  state  to 
be  valid  unless  endorsed  with  certificate  of  *  other  political 
subdivision  "  auditor  or  ether  officer  authorized  by  law  that  it 
is    issued    pursuant   to   law    and    within    debt    limit.       (Wyo. 

XVI   8.) 
Obligation  of 

Nothing  contained  in  constitution  to  impair  obligation  of  debts 
contracted    by    ''bodies    corporate".      ( X.Y.     I     17.) 
Liability  for  Payment  of 

Private  propertv  not  to  be  taken  or  sold  for  payment  of  corpor- 
ate debt  of  municipal  corporation  or   political   subdivision  of 

state.      (Cal.   XI    15.) 


1066  State   Constitutions 


MUNICIPALITIES   [Cont'd) 
Dki.i     (< 

Liability  for  Payment  of   {Cont'd) 

Private  property  not  to  be  taken  or  sold  for  payment  of  corpor- 
ate debt  of  municipal  corporation.      (Colo.  X   14;   111.  IX  10; 

Mo.  X  13;  Nebr.  IX  7.) 
Private  property  not  to  be  taken  or  sold  for  payment  of  debts 
of  public  or  municipal  corporations,  except  in  mode  provided 
by  law  for  levying  and  collection  of  taxes.  (Wash.  XI  13.) 
Private  property  not  to  be  taken  or  sold  for  "  corporate  debts 
of  public  corporations";  legislature  to  provide  by  law  for  pay- 
ment of  such  debts,  "  including  all  funded  debts  and  obliga- 
tions "  by  taxation  of  private  property  not  exempt  within 
territory  over  which  such  corporation  has  authority.      (Mont. 

XII   8.) 
Bonds  issued  for  excess  land  condemned  in  connection  with  pub- 
lic   improvements   to   be   lien     only     against     property    so    ac- 
quired   and    not  to    be    a    liability    of    municipality.      (Ohio 

XVIII    10.) 
Redemption  and  Interest 

Provision  to  be  made  at  time  of  incurring  debt  for  collection  of 
annual  tax  not  exceeding  7  mills  on  the  dollar  to  pay  in- 
terest and  discharge  principal  within  35  years  from  time  of 
issuing  bonds.  Bonds  to  be  "  serial "  and  shall  be  paid 
off  as  rapidly  as  the  income  derived  from  said  tax  will  permit". 
Detailed  provisions  as  to  interest.  (Ark.  XVI  1.) 
Municipalities  or  other  public  corporations  issuing  bonds  under 
laws  of  state  may  make  such  bonds  and  interest  thereon  pay- 
able at  any  place  or  places  within  or  outside  of  United  States 
and   in   any   money,   domestic   or   foreign,    designated   in    such 

bonds.      (Cal.  XI  13y2.) 
Provision  to  be  made  by   municipal   corporation   or   political   di- 
vision   of    state   at   time    of     incurring    any     debt   under    pro- 
\i>ions    of    constitution    for    assessment    and    collection    of    an- 
nual  tax   sufficient   to   pay   principal   and   interest   within   30 
ars  from  date  of  incurring  debt,      (Ga.  VII' Sec.  VII  2.) 
No  Bubdiyisipn  of  state  to  incur  any  debt  or  liability  unless  at 
same  time  provision  be  made  for  collection  of  annual  tax  suf- 
ent  to  pay  interest  and  to  constitute  sinking  fund  for  pay- 
ment  of   principal   within    20   years    from   time    of    contract- 
ing.     (Ida.   VIII   3.) 
Legislature   to    require    that    taxable   property    within    limits    of 
municipal    corporations   shall   be   taxed   for   payment   of   debts 
contracted   under  authority  of  law,  such  taxes  to  be  uniform 
in  re'speci  to  pers,  ns  and  property  within  jurisdiction  of  body 

imposing.      (111.  IX   10.) 

pal  corporations  to  provide  at  or  before  time  of  incurring 

for  collection   direct  annual  tax  sufficient  to  pay 

interest   and    discharge   principal   within   20  years  from  time 

of  contracting.      (HI.  XI  12.) 


Index  Digest  lot;; 


MUNICIPALITIES   {Cont'd) 
Debt  (Cont'd) 

Redemption  and  Interest   {Cont'd) 

Municipalities  when  authorized  to  create  debt  shall  be  at  same 
time  required  to  provide  for  collection  of  animal  tax  suffi- 
cient to  pay  interest,  and  to  create  sinking  fund  for  payment 
of    principal    within   not   more   than   40    years    from    time   of 

contracting.     (Ky.  150.) 

Each  year  while  bonds  are  outstanding  "  governing  authorities  " 
of  municipal  corporations,  "  except  city  of  New  Orleans  ",  to 
impose  and  collect  in  excess  of  other  taxes  a  tax  sufficient  to 
pay  interest  annually  and  semi-annually  or  principal  falling 
due  each  year,  or  such  amount  as  may  be  required  for  any 
sinking  fund  necessary  to  retire  said  bonds  at  maturity,  but 
such  special  tax  not  to  exceed  in  any  year  10  mills  on  dollar  of 
assessed  valuation  of  property  therein.  Similar  and  detailed 
provisions  for  refunding  and  renewal  bonds.  Any  person  in 
interest  may,  by  summary  proceedings  in  district  court,  en- 
force imposition  and  collection  of  such  taxes;  such  proceed- 
ing  to   be   tried   without   cost   "to   the    litigant".      (La.   281 

(1),    (5),    (6).) 

Political  corporation  or  subdivision  before  incurring  debt  re- 
quiring assent  of  voters,  to  make  provision  for  collection  of 
annual  tax  sufficient  to  pay  interest  as  due  and  to  constitute 
sinking  fund  for  discharge  of  principal  within  20  years  from 
time  of  contracting.      (Mo.  X  12.) 

Political  subdivisions  to  make  provision,  at  or  before  incurring 
of  debt,  for  collection  of  annual  tax  sufficient  to  pay  interest 
and  principal  when  due.  Law  or  ordinance  making  such  pro- 
vision to  be  irrepealabh?  until  debt  paid.      (N.D.  XII   184.) 

No  bonded  debt  to  be  created  or  renewed  by  any  political  sub- 
division unless  law  authorizing  provides  for  levying  annual 
tax  sufficient  to  pay  interest  thereon  and  to  provide  sinking 
fund  for  their  redemption  at  maturity.      (Ohio   XII    11.) 

Political  corporation  or  subdivision  before  or  at  time  of  in- 
curring debt  in  excess  of  income  and  revenue  to  make  pro- 
vision for  collection  of  annual  tax  sufficient  to  pay  interest 
and  to  constitute  sinking  fund  for  payment  of  principal  with- 
in 25  years  from  date  of  contracting.     (Okla.  X  20.) 

Municipalities  at  or  before  incurring  debt  to  make  provision  for 
collection  of  annual  tax  sufficient  to  pay  interest  and  dis- 
charge principal  within  30  years.  In  municipalities  other 
than  Philadelphia  such  tax  need  not  be  levied  during  con- 
struction or  for  one  year  thereafter  on  obligations  issued  for 
construction  or  acquisition  of  waterworks,  subways,  under- 
ground  railways   or    street    railways   or    appurtenances.      (Pa. 

IX  10,  15.) 

At  or  before  time  of  incurring  debt  by  "  subdivisions  "  pro- 
vision to  be  made  for  collection  of  annual  tax  sufficient  to  ; 


1008  State   Constitutions 


[  NICIPALITIES  {Cont'd) 
t'd) 

Redemption  and  Interest   {Cont'il) 

in:  ikI    principal   when   due;    and  all  ordinances  contain- 

ing such  provision  to  be  irrepealable  until  debt  paid.      (S.D. 

XIII  5.) 

Political  subdivision  of  state  or  of  county  or  other  defined  dis- 
trict, which  may  include  towns,  villages  or  municipal  corpor- 
ations, incurring  debt  or  lending  credit  for  purposes  specified, 
fa  levy  and  collect  taxes  and  pay  interest  to  provide  sinking 
I'nncl    for    redemption   thereof.      (Tex.    Ill   52.) 

Municipal  corporations  not  to  be  allowed  to  become  indebted 
without  at  same  time  providing  for  collection  of  direct  annual 
tax  sutlici-nt  to  pay  annual  interest  on  such  debt  and  princi- 
pal thereof  within  not  exceeding  34  years.      (W.Va.  X  8.) 

.Municipal  corporations  before  or  at  time  of  incurring  debt  to 
make  provision  required  to  be  made  "  for  collection  of  direct 
annual  tax  sufficient  to  pay  interest  on  such,  debt  as  it  falls 
due  and  also  to  pay  and  discharge  the  principal  thereof  within 
20   years    from    the   time    of   contracting   the   same".      (Wis. 

XI  3.) 
Pt  i;r  :•  ties 

See  also   above,   this   title,   "Powers   and   Rights  —  Restrictions 
I  fox  —  Stock  a.\d  Bond  Holding"  and.  "Finances  —  Expendi- 
titjes,   Restrictions  Upon — Aid  to   Private   Enterprise". 
Franchises 

.\m  exclusive  franchise   shall  ever  be  granted  by  municipal   cor- 
porations.     (Ariz.  XIII  G;   Okla.  XVIII  7.) 
h\clu>i\e  rights,  franchises,  privileges  and  immunities  not  to  be 

jrranted  by  municipal  corporations.  (X.M.  IV  26.) 
'  Xo  grant,  extension  or  renewal  of  any  franchise  or  other  use 
of  the  streets,  alleys  or  other  public  grounds  or  ways  of  any 
municipality  shall  divest  the  state  or  any  of  its  subdivisions 
of  its  or  their  control  and  regulation  of  such  use  and  enjoy- 
ment ".      (Ariz.  XIII  C;   Okla.  XVIII  7.) 

■nt,  extension  or  renewal  of  franchise  by -municipality  for- 
bidden without  approval  of  majority  of  qualified  electors  re- 
siding within  corporate  limits  who  shall  vote  thereon  at  gen- 
eral or  special  election:  local  legislative  body  may  submit 
question  to  municipal  election  or  call  special  election  on  30 
days"  notice.    (Ariz.  XIII  4;   Okla.  XVIII  5a.) 

ified   electors  in   number   equal   to  25   per  cent,   of  votes  at 

-  preceding  municipal  election  may  file  petition  with  chief 

office*    demanding    grant,    extension  or   renewal  of 

;    such   officer   shall   call   special   election   and   submit 

on,  and    if   majority    of   electors   voting  thereon   approve 

ant,   it  shall  be  granted  by  proper  authorities  at  next 

ling  regular  meet;,,,,  0f  legislative  body  of.  city.     (Okla. 

XVIII  5b.) 


1m>kx    I'h.kst  t069 


MUNICIPALITIES  {Cont'd) 
Public  Utilities  (Cont'd) 
Franchises   (Con I'd) 

Franchises  not  to  be  granted,  extended  or  renewed  by  municipal 
corporations  for  longer  time  than  25  years.      (Ariz.   XIII  4; 

Okla.   XVIII   5a.) 
Franchises  or  licenses  not  to  be  granted  by  any  municipality  of 

state  for  longer  period  than  30  years.  (Mich.  VIII  29.) 
Municipalities  not  to  be  permitted  to  grant  franchise  or  privi- 
lege or  make  any  contract  in  reference  thereto  for  more  than 
20  years.  Advertisement  to  be  made,  bids  received,  and  award 
made  to  highest  and  best  bidder,  but  all  bids  may  be  re- 
jected. Not  to  apply  to  trunk  railway.  (Ky.  164.) 
No  street  railroad  may  be  constructed  or  operated  without  con- 
sent of  owners  of  one-half  in  value  of  property  bounded  and 
of  local  authorities  controlling  street  or  highway  or,  if  BUch 
consent  not  obtainable,  consent  of  three  commissioners  ap- 
pointed by  Appellate  Division  in  lieu  of  consent  of  property 

owners,  i  X.Y.  Ill  18.) 
Legislature  cannot  grant  right  to  construct  and  operate  street 
or  other  railway,  telegraph,  telephone  or  electric  plant  or  to 
erect  water  or  gas  plant  for  public  uses  or  to  lay  mains  for 
any  purpose  without  consent  of  local  authorities  controlling 
street  or  public  place  to  be  occupied.  (S.C.  VIII  4.) 
No  street  passenger  railway,  telegraph,  telephone  or  electric- 
light  line  to  be  constructed  within  limits  of  any  municipal 
organization    without     consent     of     legal     authorities.      ( YVyo. 

XIII    4.) 

Regulation 

Supervision  of  public  service  corporations  by  political  subdi- 
visions of  state  may  be  authorized  by  law  as  to  companies. do- 
ing business  therein  including  regulation  of  rates  and 
charges.  Proviso  to  sections  specifying  powers  of  corpora- 
tion commission.      (Ariz.  XV  3.) 

Persons  or  corporations  may  establish  and  operate  works  for 
supplying  inhabitants  with  light,  water,  power,  heat,  trans- 
portation, telephone  service  or  other  means  of  communica- 
tion, on  conditions  and  under  regulations  prescribed  by  muni- 
cipality "  under  its  organic  law  on  condition  that  the  muni- 
cipal government  shall  have  the  right  to  regulate  the  charges 

therefor",      (t'al.    XI    19.) 

Power  of  municipality  to  regulate  charges  for  public  services 
not  to  be   surrendered.      (Okla.   XVIII   7.) 

Ownership  and  Operation 

For  provisions  authorizing  debts  for  this  purpose  in  excess  of 
constitutional    limit.    Sec   above,    this    title,    Dkut  —  Limit   of 

Am  or  nt. 


70  State  Constitutions 


MUNICIPALITIES   [Cont'd) 
rrui.u   Utilities  [Cont'd) 

Ownership  and  Operation   (Cont'd) 

.Municipal    corporations   may   engage    in    any   business   or   enter- 

wliich  may  be  engaged  in  by  person,  firm  or^  corporation 

bj    virtue  of  a   franchise  from   said  corporation.      (Ariz.   XIII 

5;  Okla.  XVIII  6.) 
Municipalities  authorized  to  establish  and  operate  public  works 
for  supplying  inhabitants  with  light,  water,  power,  heat,  trans- 
portation, telephone  service  or  other  means  of  communication, 
may  acquire  such  works  by  construction  or  by  purchase  of 
those  existing  including  franchises;  may  also  furnish  such 
rvices  to  inhabitants  outside  its  boundaries  but  not  to  in- 
habitants of  any  other  municipality  which  owns  or  operates 
works  supplying  the  same  service  to  its  inhabitants,  without 
consent  of  such   municipality   expressed  by   ordinance.      (Cal. 

XI  19.) 
Municipality  may  acquire,  construct,  own,  lease  and  operate, 
within  and  without  its  corporate  limits,  any  public  utility, 
the  product  or  service  of  which  is  to  be  supplied  to  the  muni- 
cipality or  its  inhabitants  and  may  contract  with  others  for  any 
such  product  or  service.  Municipality  may  acquire  public  util- 
ity by  condemnation  or  otherwise  and  may  thereby  acquire  the 
use  of  or  full  title  to  property  and  franchise  of  any  company 
or  supplying  its  service  or  product  to  the  municipality 

its   inhabitants.      Municipality   proceeding  to   acquire,    con- 
struct, own,  lease  or  operate  a  public  utility, or  to  contract 
with  any  person  or  company  therefor,  shall  act  by  ordinance. 
No   such   ordinance   shall   take   effect  until   30   days   after   its 
passage,  or  if  within  that  time  petition  for  referendum  is  filed, 
until  it  is  submitted  to  and  approved  by  voters.     Municipality 
earning  ox  operating  public  utility  for  its  own  use  or  that  of 
its  inhabitants  may  sell  and  deliver  to  others  any  transporta- 
tion  service  of   such  utility  and  the  surplus  product  of   any 
other  utility,  in  amount  not  to  exceed  in  either  case  50  per 
cent,    of   total    service    or    product    supplied    by    such    utility 
within  municipality.    If,  within  30  days  after  passage  of  or- 
dinance  for   aqquiring,   constructing,   owning,   leasing   or   oper- 
-  B   public  utility  or  contracting  with  any  person  therefor, 
petition   signed   by   10  per  cent,  of  electors    (based  upon  total 
vote  cast  at  last  preceding  general  municipal  election)   be  filed 
with  executive  authority  demanding  referendum  on  ordinance, 
shall   not   take  effect   until    submitted   to   electors   in   same 
tanner  as  provided  in  .Will  S.  for  submission  of  question  of 
liter    commission    and    approved    by    majority    of 
voting  thereon.     Election  shall  be  conducted  by  election 
authorities    prescribed    by    general  law.       (Ohio    XVIII    4,    5, 

6,   14.) 


Index  Digest  1071 


MUNICIPALITIES   (Cont'd) 
Water  Supply 

For  provisions  authorizing  debts  for  in  excess  of  constitutional  limit 
on  amount,  See  above,  this  title,  Debt —  Limit  of  Amount. 

Legislature  may  by  general  laws  provide  for  use  of  not  more  than  3 
per  cent,  of  forest  preserves  for  construction  and  maintenance  of 
state-owned  reservoirs  for  water  supply  for  municipalities.  Cost 
of  reservoirs  to  be  assessed  on  municipalities  benefited  to  extent  of 
benefit,  and  provision  to  be  made  for  charge  for  use  of  reservoirs 
against  municipalities  benefited.  Charge  to  be  based  on  reason- 
able return  on  value  of  state  property  and  rights  used  and  serv- 
ices rendered  and  to  be  fixed  for  term  of  10  years  and  then  to  be 

^adjustable.      IX.Y.  VII  7.) 

Municipal  corporations  not  to  "  directly  or  indirectly  lease,  sell, 
alienate  or  dispose  of  any  waterworks,  water  rights  or  sources  of 
water  supply,  now  or  hereafter  to  be  owned  or  controlled  by  it"; 
which  shall  be  "  maintained,  preserved  and  operated  by  it  for  sup- 
plying its  inhabitants  with  water  at  reasonable  charges ".  But 
this  does  not  prevent  exchanging  water  rights  or  sources  for  others 
of  equal  value  to  be  devoted  to  public  supply  of  the  inhabitants. 

(Utah  XI  6.) 

Municipal  corporations  to  have  same  right  as  individuals  to  acquire 
rights  by  prior  appropriation  and  otherwise  to  use  of  water  for 
domestic  and  municipal  purposes,  legislature  to  provide  by  law  for 
exercise  by  incorporated  cities,  towns  and  villages  of  right  of 
eminent  domain  to  acquire  from  prior  appropriators  upon  pay- 
ment of  just  compensation,  such  water  as  may  be  necessary  for 
well  being  thereof  and  for  domestic  uses.      (Wyo.  XIII  5.) 

NAMES 

Of  persons,  not  be  changed  by  local,  private  or  special  law.  (Ala.  IV 
i(M;  Ariz.  IV  19;  Ark.  V  24;  Cal.  IV  25;  Fla,  III  20;  Ida.  Ill  19; 
111.  IV  22;  Ind.  IV  22:  Iowa  111  30;  Ky.  59;  La.  48:  Md.  Ill  33; 
Minn.  IV  33;  Miss.  IV  90;  Mo.  IV  53  i  Mont,  V  26;  Nebr.  Ill  15; 
Nev.  IV  20;  X.M.  IV  24:  N.D.  II  69;  Okla.  V  46;  Ore.  IV  23;  Pa.  Ill 
7;   S.C.  Ill  34;    S.D.   Ill  23;   Tex.  Ill  56;   Utah  VI  26;    Wash.   11    28; 

Wis.  IV  31;  Wyo.  Ill  27.) 
Of   persons,    not    to   be   changed    by    private    law.    but    general    laws    may 

regulate.      I X.C.   II    11.) 
Of  persons,  not  to  be  changed   by   legislature,  but  power  to  be  conferred 

on   courts   by  general   laws.      (Tenn.   XI   6.) 
Of   persons,    legislature   to    confer    on    courts    power    to    change    and    shall 

not,   by   special    legislation,    grant    relief.      I  Ya.    IV    63.) 
Of  associations,  not  to  be  changed  by  local,  private  or  special  law.      (Ala. 

IV    li)4;    Va.    IV   63.) 
0."  corporations,  Sec  CORPORATION  Si. 

Of  places,  not  to  be  changed  by  local,  private  or  special  law.  (Ariz. 
IV    19;    Cal.   IV   25:    Ida.    Ill    19;    111.    IV   22:    Minn.    IV    33;    Miss.    IV 


State  CofcszErcnioNs 


NAMES 

Mo.it.   V   26 j   Nebr.  Ill  15;   X.M.  IV  24;   X.D.  II  69; 
III    7;    S.C.   Ill   34;    S.D.   Ill  23;    Tex.  Ill  56;    Utah 

VI  26;  Wyo.  Ill  27.) 
-    not  to  be  changed   by   local   or  special   law.      (Minn. 

IV   33.) 
.NAVIGATION  COMPANIES 

•-il.AUSiUl'    COMPANIES. 

e  powers  and  privileges  issued  and  granted  by  secretary  of  state, 
as   ]  rescribed   by   law,  or   by   other   person   named  by  law   if   he  is  dis- 
qualified.     (Ga.  Ill  Sec.  VII   18.) 
NEGROES,   #ee  Colored  Persons. 

NOBILITY,  TITLES  OF,   See  Hereditary  Distinctions. 
NOTARIES  PUBLIC 

MIS 

Mu-t  In-  qualified  to  execute  bonds  required  of  them  in  that  capacity. 

(Va.  II  3?.) 
Dm i  9 

\~  prescribed  by  law.      (Md.  IV  45;  Tex.  IV  26.) 
In  connection  with  other  courts  shall  be  ex-vfficio  justices  of  peace. 

(Ga.  VI   Sec.  VIII   1.) 

Governor  may,  except  where  otherwise  provided  by  act  of  legislature, 

point  not  more  than  one  who  shall  have  power  and  jurisdiction 

of  justice  of  peace  for  each  precinct  in  which  election  of  justice 

of  peace  is  authorized.     Governor  may  also  appoint  notaries  public 

without  powers  of  justice  of  peace.      (Ala.  VI  168.) 

How  ski  bcted 

Appointed   by   governor   by  and   with   advice   and   consent   of   senate. 

(Minn.  V  4.) 
Appointed    by  governor   except  where  otherwise   provided   by   act   of 

legislature.      (Ala.  VI   168.) 
Appointed  by  governor  in  same  manner  as  judicial  officers.      (Mass. 

Amend.  IV.) 
Appointed    by   governor   with    advice    and    consent    of    two-thirds    of 

senate.      (Tex.   IV   26.) 
Appointed    by   judges   <>f  general   trial   court   for   the   respective  dis- 
trict-,   (circuits)    upon    recommendation    of   grand   jury.      (Ga.    VI 

Sec.  VIII    1.) 
By  appointment  for  each  county  and  the  city  of  Baltimore  in  manner 
now  or  as  may  be  provided  by  law.      (Md.  IV  45.) 

enienl    number  fur  each  county.      (Tex.  IV  26.) 
Not   in  exceed  one  for  each  militia  district.      (Ga.  VI  Sec.  VIII  1.) 
<  lATH   "K  (  hi  : 

■•   -'t   forth:   affirmation  allowed.      (Minn.  V  8.) 
roNS    am.    Disqualifications 
Age  j    18  years.     (Va.  II  32.) 

ualed  eligible  if  they  possess  qualifications  prescribed  by  law. 

(Okla.    Sched.   6.) 


Index  Di<;i;st  1073 


NOTARIES  PUBLIC    [ConC-h 

Qualifications  and  DISQUALIFICATIONS    (Cont'd) 

Sex;   females  over  21  years  of  age,  who  have  resided  in  state  one 
year,  in  county  and  district  six  months  next  preceding  appoint- 
ment,  eligible.      (Xev.   XV   3.) 
Sex;   women,   18  years  of  age,  eligible.      (Va.   II   32.) 
Ineligible  for   any   office   in   either   branch   of   legislature   or   member- 
ship therein.      (X.D.   II  37.) 
May  be  elected  to  fill  any  executive  or  judicial  office.      (Ark.  XIX  2G.) 
Official    acts    of    female    notaries    public    herein-    validated    in    so    far 
as   such   acts   may   be   affected    by    ineligibility    of    such    persons    to 
appointment  to  oflice.      (Okla.  Belied.   6'.') 

Removal 

By  governor  with  consent  of  council.      (Mass.  Amend.  IV.) 

Upon  conviction  for  malpractice  in  office.      (Ga.  VI   Sec.  VIII   1.) 
Term  of  Office 

As  provided  for  by  law.      (Ala.  VI    168.) 

Four  years.      (Ga.  VI  Sec.  VIII   1.) 

Seven  years.      (Mass.  Amend.   IV. ) 

Seven  years  if  they  so  long  behave  themselves;  may  be  reappointed. 

(Me.    VI    5.) 

OATHS 

Of  officers,  See  Public  Officers;  for  oath  of  office  of  particular  officer 
or  class  of  officers,  See  the  specific  title. 

At  elections,  See  Elections. 

Oaths  or  affirmation  not  dispensed  with  by  prohibition  of  religious  tests, 
See  Religion  — Limitations  on  Religious  Liberty. 

Mode  of  administering  oath  or  affirmation  to  be  such  as  most  consistent 
with  and  most  binding  upon  conscience  of  person  to  whom  administered. 
(Ariz.  II  7;   Ind.  I  8;   Ore.  I  7;   Wash.  I  6.) 

Manner  of  administering  oath  or  affirmation  to  be  such  as  is  most  con- 
sistent with  conscience  of  deponent,  and  esteemed  by  legislature  the 
most  solemn  appeal  to  God.     (Ky.  232.) 

Manner  of  administering  oath  or  affirmation  to  person  ought  to  be  such 
as  those  of  religious  persuasion,  profession  or  denomination,  of  which 
he  is  member,  generally  esteem  the  most  effectual  confirmation  by 
attestation  of  Divine   Being.      (Md.  D.R.   39.) 

Political  tests  requiring  persons  as  prerequisite  to  enjoyment  of  political 
and  civil  rights  to  purge  themselves  of  past  offenses  by  oaths  are  re- 
pugnant to  principles  of  free  government,  and  are  cruel  and  oppres- 
sive. Xo  religious  or  political  test  oath  to  be  required  as  prerequisite 
or  qualification  to  serve  as  juror,  sue,  plead,  appeal  or  pursue  any 
profession  or  employment.      (VY.Va.  Ill  11.) 

Retrospective   oath    and   restrictions    ought    not   be    imposed   or    required. 

(Md.  D.R.  17.) 
OBSCENITY 

Legislature  may  restrain  publication  of  obscene  books,  papers  or  pic- 
tures by  suitable  penalties.      (W.Va.   Ill   7.) 


7  i  State  Constitutions 


OIL 

iIlNES. 

Jmnged  bj   Legislature  flash  test  for  kerosene  light  for  illuminating 
-  115°  F.  and  specific  gravity  test  to  be  40°  Baume.      (Okla.  XX  2.) 
ml  pipe  lines,  S<  e  Pipe  Lines. 

ORPHANS,   See  Chabities. 

OUTLAWRY,  Se<    Chimes  —  Punishment. 

OYER  AND  TERMINER,    See  Courts. 

PANAMA  PACIFIC  INTERNATIONAL  EXPOSITION 

Detailed  provisions  for.     (Cal.  IV  2-2,  XI  8a,   18,  XII  3.) 

PARDONS,  See  Chimes. 

PARISHES 

ions  in  Louisiana  relating  to,  See  Counties. 
For  provisions  in   New  Hampshire  relating  to,  See  Municipalities. 

PAUPERS 

Chabities. 

Si  i     El  i.i  i  IONS. 

PENAL  INSTITUTIONS 

In  this  title  are  digested  only  provisions  relating  particularly  to  penal 
institutions:  for  provisions  relating  to  system  of  charities  and  cor- 
reotions,  Set  Chabities  and  Corrections;  for  provisions  relating  to 
state    institutions   generally   and  so    to   penal   institutions,   See   State 

Institutions. 

ADMI2S  CS  I  R  ■  i  CVE    Al  THOBITT 

For    provisions    relating    only    to    prisons,    See    belou?,    this    title, 

Prisons. 
/    r  provisions   relating  only   to  reformatories,  See  below,  this  title, 

Reformatories. 
Regents,   trustees   or   commissioners    of    reformatory    and    penal   in- 
stitutions   to   be   appointed    by   governor   with    consent   of    senate. 

(Wash.  XIII   1.) 
Directors   of   penal    institutions   to   be   appointed   or   elected   as   pre- 
scribed  by   law;   governor  may  fill  vacancies  unless  otherwise  pro- 
vided  for  until   next  session  of  legislature  and  until  successor  ap- 
pointed   and   confirmed;   has  power  of   removal.      (S.C.   XII   4,   8.) 
Legislature  may  provide  that  boards  of  trustees  of  state   penal   in- 
stitutions   hold    office    for    six    years,    one-third    to    be    elected    or 
appointed  every  two  years  as  legislature  may  determine;  vacancies 
to  be  tilled  as  may  be  provided  by  law.      (Tex.  XVI  30a.) 
Penal    and    reformatory    institutions   to   be   under   boards   of   control 

as    prescribed    by   law.     (Utah    XIX   2.) 
State  board  of  prison  directors  to  have  charge  and  superintendence 
o'f   state    prisons,    and    powers   and   duties   as   to   other   penal   and 
"ormatory    institutions    of    state    as    may    be   prescribed   by   law. 

(Cal.  X  2.) 
Bonds  fob,  Se<    State  Debt  —  Purpose  —  Public  Buildings. 


Index  Digest  1075 


PENAL   INSTITUTIONS    (Cont'd) 
Construction 

Of  jails  to  be  provided  for  by  general  laws.      (Tex.  XI  2.) 
Legislation  to  require  that  construction  of  penal  institutions,  county 
jails  and  police  prisons  secure  health  and  comfort  of  prisoners. 

(N.C.  XI  G.) 
Prisons  to  be  safe  and  comfortable.      (Wyo.  I  16.) 
Proper  regard  for  health  of  prisoners  to  be  had  in  construction  of 

jails.      (Del.  I  11.) 
Convict  Labor,  Wee  Convict  Labor. 
Establishment  and  Support 

For  provisions  relating  only  to  prisons,  See 'below,  this  title,  Prisons. 
For  provisions  relating  only   to  reformatories,  See  below,  this  title, 

Reformatories. 
Penal  institutions  to  be  established  and  supported  by  state  in  man- 
ner prescribed  by  law,  legislature  for  sanitary  reasons  may  cause 
removal   to  more  suitable  localities.      (Ida.  X   1,  7.) 
Reformatory  and  penal  institutions  to  be  fostered  and  supported  by 
state  subject  to   regulations   prescribed  by  law.      (Wash.   XIII   1.) 
Reformatory  and  penal  institutions  to  be  established  and  supported 
by    state    in    manner    prescribed    by    law.      (Ariz.    XXII    15;    Colo. 
VIII   1;   Mont.  X   1;   Okla.  XXI   1;   Utah  XIX  2;   Wyo.  VII   18.) 
Existing  Laws 

Existing  laws  relating  to  all,  whether  state,  county,  municipal,  in- 
corporated  or   not,   and   to   inspection   and   supervision    of,    remain 
in   force   if   not   inconsistent  with   constitution,   until   amended   or 
repealed  by  legislature.      (N.Y.  VIII  13.) 
Grants  of  Public  Property  for 
See  PuELie  Property  —  Grants. 
See,  Public  Property  —  Trusts. 
Grants  of  Public  Land  for 

See  Public  Lands  —  Trusts  in. 
See  Public  Lands  —  Sale  —  Provision  for. 
House  of  Refuge,   See   below,   this    title,   Reformatories  —  Establish- 
ment and  Support. 
Inmates 

Health  and  comfort  of  prisoners  to  be  required  by  law  to  be  secured 
in  construction  and  superintendence  of  penal  institutions;  male 
and    female    prisoners   never    to    be    confined    in    same   cell.      (N.C. 

XI   6.) 
Juvenile  Delinquents 

See  below,  this  title,  REfobjI  \T0BEES —  Establishment  and  Support. 
See  brlnw,  this  title,  Prisons  —  Inmates. 
See  Children. 
Lynching  of  Prisoners,  See  Lynching. 
Officers 

For  provisions  relating  only  to  prisons,  See  belaw,  this  title,  Prisons. 

Officers   of   penal   state   institutions  to   report  in   writing   under  oath 

on   subject   relating   to   office   when   required   by   governor;    making 

false  report  to  be  punished  as  prescribed  by  law.      (Okla.  VI  33.) 


IV .  State  Constitutions 


PENAL   INSTITUTIONS    (Cont'd) 
t'd) 
iiiiioii    of    use    of    public    money    for    religious    purpose    not    to 
employment   by    stajfce   of   a    chaplain    for   penitentiary   and 
state    reformatories    as    to    the    legislature    seem    justified. 

(Wash.  I   11.) 

I  twons 

liibj&oia  of  creation   or  change   of  charter  by  special   law  not  to 

apply    tn    penal    corporations    which    are    to   be    and    remain   under 

patronage  and  control  of  the  state.      (111.  XI  1;  Nebr.  XIB  1.) 

Prohibition    ol     special    legislation    for    creation    of    corporation    or 

amendment  0f  charters  not  to  apply  to  corporations  for  penal  pur- 

-  stained  in  whole  or  in  part  by  the  state.      (Del.  IX  1.) 

iKMATOKIES 

For  provision?  relating   to  penal  institutions  in  general  and  so   to 
itaritis,   See   tliroughout   this   title. 

Administrative  Authority 

Until    otherwise    provided    by    law,    governor,    attorney-general 
and    superintendent  of   public   instruction    to   constitute   board 
of   reform   school   commissioners   to  have   supervision   of   state 
reform   schools  as  provided  by  law.      (Utah  VII   15.) 
To  be  controlled  and  managed  by  board  of  five  members  to  hold 
office   im-   four   years,   to   be   appointed  by  governor   with   con- 
i   of   senate,    not   over   three   to    belong   to    same    political 
party   at   time  of  appointment;    title,   powers  and  duties  pro- 
vided by  law.      (N.M.  XIV  3.) 
Establishment  and  Support 

•  rin  school  to  be  public  institution  of  state.      (X.M.  XIV  1; 

N.D.  XIX  215;    S.D.  XIV  1.) 

Legislature    may    provide    by    law   for    establishment    of   schools 

for    safe-keeping,    education,    employment   and    reformation    of 

children  under  16  who  are  growing  up  in  mendicancy  or  crime. 

(Nebr.  VIII  12.) 
Mature    may    establish    reformatory    school    or    schools    and 
-   fur   keeping  juvenile   offenders   from   association   with 
hardened   criminals.      (Miss.   X   225.) 

slature   may   provide   for  establishment  and   maintenance   of 
atory    for    juvenile    offenders    separate   and    apart    from 
ban!   ned    criminals.      ( 8.0.    XII    7.) 
For  persons  under  18  years  convicted  of  such  felonies  and  mis- 
demeanors as  may  be  designated  by  law,  legislature  to  pro- 
vide house  of  reform.      (Ky.  252.) 

to  provide  house  of  refuge  for  correction  and  refor- 
mation  of   juvenile   offenders.      (Ind.    IX   2.) 

may    be   made   by   law   for   establishment  and   main- 
•   of    a    house   of    refuge   for   juvenile   offenders.      (Fla. 

XIII  2.) 

•   Of    nfu:-    may   be   established    wherever   public   interests 

■  fofc  correction   and   instruction  of  offenders-  other  than 

"-'rants   and   persons  guilty  of  misdemeanors.      (X.C.   XI  5.) 


1  ndex  Digest  1077 


PENAL  INSTITUTIONS    (Cont'd) 
Reformatories    (Cont'd) 

Establishment  and  Support    (Cont'd) 

For    juvenile    olFenders,    provisions    may    be    made    by    law    for 
establishment    and    maintenance    of    house    of    refuge.      (Nev. 

XIII   2.) 
Legislature   may   establish   asylum   for   cure  of  drunkenness   and 
re.'orm  of  inebriates.      (Tex.  XVI  42.) 
Reformatory  Institutions  Not  Under  State  Control 

Police  jury  may  contract  witli  any  association  or  institution 
for  care  and  safe-keeping  of  children  in  care  of  juvenile  court, 
and  court  may  place  such  children  in  custody  of  person,  asso- 
ciation or  institution.  (La.  118.) 
Legislature  may  appropriate,  public  money  or  property  to  non- 
sectarian     institutions     for     reform     of     youthful     criminals. 

(Va.  IV  67.) 
Reformatory  Corporation  s 

Prohibition  of  special  legislation  for  creation  of  corporation  or 
amendment  of1  charter  not  to  apply  to  reformatory  corporations 
sustained  in  whole  or  in  part  by  the  state.  (Del.  IX  1.) 
Prohibition  of  creation  or  change  of  charter  by  special  law  not  to 
apply  to  reformatory  corporations  which  are  to  be  and  remain 
under   patronage   and   control   of   the   state.      (111.    XI    1;    Nebr. 

XIB  1.) 

Prisons 

For  provisions   relating   to   penal  institutions    in    general   and   so    to 

prisons,   Sese   throughout   this   title. 
Administrative  Authority 

Board  of  state  prison  commissioners  composed  of  governor,  sec- 
retary of  state,  attorney-general.  (Ida.  IV  18,  X  5;  Mont. 
VII  20;   Nev.  V  21;   Utah  VII   13.) 

Directors  of  penitentiary  to  be  appointed  or  elected  as  legisla- 
ture may  direct ;  vacancies  filled  by  governor  till  next  session 
of  legislature  and  until  successor  qualified.  (Kan.  VII  2, 
3;    Ohio  VII  2,   3;    S.C.  XII   5,   8.) 

Commission  of  prisons  to  be  provided  by  legislature,  appointed 
by  governor  with  advice  and  consent  of  senate;  removed  by 
governor  for  cause  with  opportunity  to  be  heard  in  defense; 
legislature  may  grant  powers  in  addition  to  those  granted  in 
constitution  not  inconsistent  with  other  provisions  of  con- 
stitution; commissioners  now  in  office  to  continue  for  term 
for    which    appointed    unices    legislature    provide    otherwise. 

(N.Y.  VIII    12,   15.) 

Board  of  prison  commissioners  composed  of  three  members  ap- 
pointed by  governor  with  consent  of  senate;  term  of  office 
six  years  and  until  successors  qualified :  governor  to  fill 
vacancy   for   unexpired   term.      (Tex.  XVI  58V) 

Board  of  five  directors  appointed  by  governor  with  confirmation 
of  senate  for  term  of  five  years.      (Va.   XI   148.) 

Title,  powers  and  duties  of  board  of  control  of  penitentiary 
prescribed  by  law;   five  members  appointed  by  governor  with 


luTS  State   Constitutions 


PENAL   INSTITUTIONS    (Cont'd) 
I'u:  Cont'd  i 

Administrative  Authority    (Cont'd) 

consent  of  senaAe  for  a  term  of  four  years,  not  more  than* 
three  to  belong  to  same  political  party  at  time  of  appoint- 
ment. (N.M.  XIV  1,  3.) 
State  board  of  prison  directors  of  five  members  appointed  by 
governor  with  advice  and  consent  of  senate,  term  of  office 
10  years;  removed  by  governor  for  misconduct,  incompetency 
qr  neglect  of  duty,  after  hearing  on  written  charges;  no  com- 
pensation other,  than  reasonable  traveling  and  other  expenses, 
audited  as  legislature  may  direct.      (Cal.  X  1,  4.) 

Administration  and  Control 

State  board  of  prison  directors  to  have  charge  and  superin- 
tendence of  state  prison,  appointment  of  wardens  and  clerks 
and  '•determination"  of  other  necessary  officers;  removal  of 
wardens  and  clerks  for  misconduct,  incompetency  or  neglect 
of  duty:  powers  and  duties  of  board,  wardens  and  clerks  to' 
he  regulated  by  law.  (Cal.  X  3,  5.J 
State  hoard  of  prison  directors  to  have  charge  and  superin- 
tend! nee  of  state  prisons,  and  powers  and  duties  as>  to  other 
penal  and  reformatory  institutions  of  state  as  may  be  pre- 
ibed  by  lav.  Appointment  of  wardens  and  clerks  and 
"  determination  "'  of  other  necessary  officers.  Removal  of  war- 
dens and  clerks  for  misconduct,  incompetency  or  neglect  of 
duty.     Powers   and   duties   to  be   regulated   by   law.      (Cal.   X 

2,3,5.) 

ird  of  prison  commissioners  charged  by  law  with  control  and 

management  of  state  prisons.      (Tex.  XVI  58.) 

Board  of  state  prison  commissioners  to  have  such  supervision 

as   may   be   prescribed   by   law.     (Ida.    IV    18,    X    5;    Mont. 

VII   -10 1    Nov.   V   21;    Utah   VII    13.) 

Penitentiary  at  Santa  Fe  to  be  under  control  of  board.      (N.M. 

XIV    1,    2.) 
rvision    of    state    prison    duty   of    commissioner    of    agricul- 
ture.    '(Fla.  IV  26.) 
Board  to  have  control  of  penitentiary,  branch  prisons  and  prison 
farms,   subject  to  regulations  and  requirements   prescribed   by 

law.      (Va.  XI  148.) 
ate  commissioner  of  prisons  to  visit  and  inspect  all  institutions 
ition  of  sane  adults  charged  with  or  convicted  of 
or  detained   as  witnesses  or  debtors;   this  visit  and  in- 
n   apt   !"  exclude  other  visit  and  inspection  now  author- 
ized by  law.      (N.Y.  VIII  11.  13.) 
Establishment  and  Support 

to  provide  for  erection  of  house  of  correction  where 
nd     persons    guilty    of    misdemeanors    shall    be    re- 
oily  employed.      (X.C.  XI  4.) 
Legislature    may    establish    home    and    workhouse    for    common 

vagrants.      (Fla.  XIII   2.) 


Index  Digest  1079 


PENAL  INSTITUTIONS    (Cont'd) 
Prisons    (Cont'd) 

Establishment   and  Support    (Cont'd) 

Territorial    prison    located    under   existing    laws    to    remain    one 

of  state  prisons.     (Minn.  XV  5.) 
Penitentiary   to    be   a   state    penal    institution.      (S.D.    XIV    1.) 
Penitentiary  confirmed  as  state  institution;   grants  by  Congress 
and  others  therefor  accepted  and  to  be  exclusively  used  there- 
for.     (X.M.  XIV   1,  2.) 
Penitentiary  to  be  established.      (Kan.  VII  2.) 
State  prison  to  be   established   and   maintained    in    manner   pre- 
scribed by  law.      (Fla.  XIII   2;    Nev.   XIII   2.) 
Erection    of    safe   and   comfortable   prisons    to   be    provided    for. 

(Tenn.  I  32;   Wyo.  I   16.) 
State    penitentiary    established    with    such    branch    prisons    and 

prison  farms  as  may  be  provided  by  law.      (Va.  XI  147.) 
Legislature  at  first  meeting  to  provide  for  erection  and  conduct 
of   state's   prison   or   penitentiary    at   central    and    accessible 
point  in  state.     (N.C.  XI  3.) 

Inmates 

Legislature  to  require  that  the  structure  and  superintendence  of 
penal  institutions  of  state,  county  jails  and  state  police 
prisons,  secure  health  and  com'ort  of  prisoners  and  that  male 
and  female  prisoners  be  never  confined  in   same   cell.      (N.C. 

XI    6.) 

Abuse  of  persons  in  prison  prohibited.      (Ga.  I  Sec.  I  9.) 

Persons  confined  in  jail  not  to  be  treated  with  unnecessary 
rigor.      (Ind.  I  16;  Ore.  I  13;  Utah  I  9.) 

No  person  arrested  and  confined  in  jail  to  be  treated  with  un- 
necessary rigor;  humane  treatment  of  prisoners  to  be  pro- 
vided for.      (Tenn.  1   13,  32;   Wyo.   I   16*) 

Children  not  to  be  committed  to  or  placed  in  any  police  station, 
jail    or    other    lockup.      (La.    US.) 

Person  under  age  of  18  accused  or  convicted  of  crime  not  to 
be  confined  in  same  section  of  jail  or  prison  in  which  adult 
prisoners   are   confined,   but   suitable   quarters   to   be    prepared. 

(Ariz.  XXII  10.) 

Legislature  may  provide  for  separation  of  sexes,  and  for  separa- 
tion of  white  and  black  convicts  as  far  a.s  practicable,  and 
for  religious  worship  for  convicts.      (Miss.  X  25.) 

Persons  convicted  of  felony  and  sentenced  to  confinement  in  peni- 
tentiary to  be  confined  at  labor  within  penitentiary;  state  to 
maintain  control  of  discipline,  provide  for  all  supplies  and 
sanitary  condition.      (Ky.   253,   254.) 

Convicts  to  be  under  supervision  and  control  of  officers  of  the 
state;  maintenance,  support,  medical  attendance  to  be  under 
direction     of     officers     detailed     by     penitentiary     authorities. 

(S.C.  XII  9.) 

Prohibition  of  extra  allowance  to  public  officers  not  to  prevent 
legislature  from  increasing  or  diminishing  at  any  time  allow- 


•mi  State   Constitutions 


PENAL   INSTITUTIONS    (Cont'd) 
fd) 
Inmates   (Con? 

aaee    to   sheriff   or   other   officers   for   feeding,   transferring   or 
guarding   prisbneM.     (Ala.   IV   68.) 
es,  See  Elections  —  Qualifications  and  Disqualifications 

of  Electors  —  Prisoners. 
-ons  under  arrest,  See  Crimes — Arrest. 

Inspection 

Inspection    of    prisons    to    be    provided    for.      (Tenn.     I     32; 

Wyo.   I    16.) 

Officers 

Keeper  of  state  prison  appointed  by  governor  "with  advice  and 
consent!    of    senate;     term    of    office    five    years.      (N.J.     VII 

Sec.  II  4.) 
Warden  appointed  and  removed  by  board.  Subordinates  ap- 
pointed by  warden  subject  to  approval  of  board.  ( Iowa  X  5. ) 
Superintendent  of  penitentiary  to  be  appointed  or  elected  as 
prescribed  by  law.  Governor  may  fill  vacancies  unless  other- 
wise provided  for  and  may  remove  until  next  session  of  legis- 
lature   and    until    successor    appointed    and    confirmed.      (S.C. 

XII  5,  8.) 
Superintendent  of  state  prisons  appointed  by  governor  with  con- 
sent of  senate  for  five  years  unless  sooner  removed  for  cause, 
after  service  of  charges  and  hearing;  bond  as  required  by  law; 
to  appoint  agents,  wardens,  physicians,  chaplains;  to  super- 
intend, manage  and  control  state  prisons,  subject  to  law, 
and  perform  duties  formerly  exercised  by  inspectors  of  state 
prisons,  and  as  prescribed  by  law;  to  approve  appointment 
by  agent  and  warden  of  each  prison  of  other  officers,  except 
clerks,  who  are  appointed  by  state  comptroller.  (N.Y.  V  4,  6.) 
Wardens  and  clerks  appointed  by  state  board  of  prison  directors 
and  removed  by  them  for  misconduct,  incompetency  or  neglect 
of  duty,  other  necessary  officers  "determined"  by  board,  and 
officers  and  employees  appointed  by  warden  and  removed  at 
his  pleasure;   powers  and  duties  of  wardens  and  clerks  to  be 

regulated  by  law.  (Cal.  X  3.) 
rintendents  mid  surgeons  appointed  by  state  board  of 
directors  for  term  of  four  years  and  removed  by  board  for 
misbefifevibr,  incapacity,  neglect  of  duty  or  acts  performed 
without  authority  of  law;  other  officers  and  employees  ap- 
pointed and  removed  by  superintendents.  (Va.  XI  148.) 
laplaih    for    each    prison    may    be    authorized    by    legislature. 

(Mich.  V  26.) 

Provisions   Of   etfhstitutioa   relating  to   religious   freedom  not   to 

be   conatriied   to   forbid   employment  by   state   of   chaplain   for 

State    penitentiary    and    for    such    of    state    reformatories    as 

ture   may   prescribe,      (Wash.   I   11.) 

Slature    may    provide    for    a    guard    for    state    prison.      (Fla. 

XIV  2.) 


Index    Dh.kst  108fl 


PENALTIES,  See  Crimes. 

PENSIONS 

Should   not   be   granted    except   in    consideration    of   actual    services   and 
ought  not  to  be  granted  for  more  than  year  at  a  trine  and   with  great 

caution.      (X.H.  I  36.) 
Legislature  not  to  grant  except  for  military  and  naval   services.      (S.C. 

Ill   32.) 
Not  to  be  granted  by  local,  private  or  special  law.     (Va.  IV  63.) 
Legislature  not  to  retire  officer  on  pay  or  part  pay.     (S.C.  Ill  32.) 
Legislature  not  to  retire  officer  on  pay,  or  part  pay,  nor  make  Him  any 

grant.      (Ala.  IV  98;  Miss.  IV  93;  Okla.  V  47.) 
General   pension  system  not  to  be  established.      (Md.  Ill  59.) 
Soldiers  and  sailors,  See  Soldiers  and  Sailors. 

PERPETUITIES,    See  Property  —  Perpetuities. 

PERSONAL  INJURIES 

Ncr  also  Injuries. 

See  also  Life,  Liberty  and  Property. 

See  also  Administration  of  Justice. 

Death,  See  Death. 

Injury  .to  person  to  have  certain  remedy.      (Ark.  II   13;  Minn.  I  8;  Mo. 

II  10;  N.H.  I  14;  Okla.  II  6;  Wis.  I  9.) 
Every  person  ought  to  find  certain  remedy  in   laws  for  injuries'  he  may 

receive  to  person.      (111.  II  19;  Mass.  Pt.  I  11;  R.I.  I  5;  Vt.  I  4.) 
Injury  to  person   to   be   redressed   by  due  course  of  law.      (Conn.   I    12; 

Del.   I   9;    Fla.  D.R.  4;    Ind.  I    12;    Kan.  B.R.    18;   Ky.    14;   Me.  I    19; 

Miss.  Ill  24;  Nebr.  I  13;   N.C.  I  35;  Ohio  I  16;  Ore.  I  10;  Pa.  I   11; 

S.D.  VI  20;  Tenn.  I  17;  Tex.  I  13;  W.Va.  Ill  17.) 
Injury   to   person   to  be   redressed  by  due   process  of   law.      (Ala.   I   13; 

N.D.   I  22.) 
Injurv    to    person   to    be    adequately    redressed    by    due    process    of    law. 

(La.   G.) 
Injury   to   person   to   be   redressed   by   due   process   of    law   administered 

without  denial  or  unnecessary  delay.      (Utah  I   11.) 
Injury  to  person  ought  to  be  redressed  by  the  course  of  the  law  of  the 

land.      (Md.  D.R.  19.) 

Injury  to  person  to  be  redressed  without  sale,   denial  or   delay.      (Wyo. 

I   8.) 

Injury  to  person  to  be  redressed  speedily.      (Colo.  II  6;  Ida.  I  18;  Mont. 

Ill    G;    Okla.   II    G.) 
Legislature  not  to  limit  amount  to  be  recovered  for  injuries  to  persons. 

(Ark.  V  32;  Ky.  54;  Pa.  Ill  21.) 
No  law  to  be  enacted  limiting  amount  of  damages  for  causing  the  injury 

"of  any  person".      (Ariz.  II   31;    Wyo.   X  4.) 
No  act  to  prescribe  limitation  of  time  within  which  suits  may  be  brought 

against  corporations  for  injuries  to  persons,  dilfercnt   from  those  fixed 

by  general  laws  regulating  actions  against  natural  persons;   such  acts 

now  existing  avoided.     (Pa.  Ill  21.) 


-L-  State  Constitutions 


PERSONS  UNDER  LEGAL  DISABILITY 

Mi  Mi  \<>i;s. 

I   yronpen,  See  Women. 
iration    to   rights   of   persons   convicted   of   crime,   See   Crimfs —  As 
1)1>V,  A|  a  ob   Disability,  and  cross  references  there  given. 

to   be   affected   by   local   or  special  law.      (Cal.  IV  25;    Ida. 
19 ;    |  La.    18;    -Minn.  IV  33;   Mo.  IV  53;   Mont.  V  26;   N.D. 

11  la.  V    Hi:  Tex.  Ill  56;   W'yo.  Ill  27.) 

not  to  be  a:l'ected  by  local  or  special  law,  except  after  due  notice 
to    all    parties    in    interest,    to    be    recited    in    the    special    enactment. 

(Pa.   Ill   7.) 
imbrance   or   disposal    of   property,    local    or    special   law 

prohibited.      (Ky.    59.) 

I    law    prohibited;    but    legislature    to    confer    on 

-    power    to    direct.      (Va.    IV    G3.) 

real   estate  by   executors,   administrators,  guardians   or   trustees, 

•  al    or   special    law   not   to    provide   for.    (Ind.    IV   22;    Md.   Ill   33; 

Ore.  IV  23.) 

estate,   local,   private   or   special   law   prohibited.      (Colo.   V 

Fla.  Ill  20;   Mont.  V  26;  Nebr.  Ill  15;  Xev.  IV  20;  N.M.  IV  24; 

X.I).    II    C'.i;    S.J).    Ill  2.3;    Utah   VI   26;    Wash.  II   28;    W.Va.   VI   39; 

Wis.  IV  31;  Wyo.  Ill  27.) 
Sale  of  personal  property,  local,  private  or  special  law  prohibited.     (Nev. 

IV  20;   Wash.  II  2S;   Wis.  IV  31.) 

i    real  estate,  local   private  or  special   law  prohibited.      (Colo. 

'.     25;    Mont.   V  26;    Nebr.   Ill    1.1;    X.M.   IV  24;    N.D.  II  69;    S.D  III 

I  tali  VI  26;  Wash.  II  28;  W.Va.  VI  39;  Wis.  IV  31;  Wyo.  Ill  27.) 

Mortgage  of  personal  property,  private  or  special  law  prohibited.     (Wash. 

II  28;  Wis.  IV  31.) 
nl  or  administration  of  estate,  or  sale  or  mortgage  of  property, 
-»n    of   unsound   mind,   local,    private   or    special   law   prohibited. 

(Miss.  IV  90.) 
PETITION,  RIGHT  OF 

For  right  to  assemble  and  to  petition,  See  Assembly,  Plight  of. 

.    man    hath    right   to    petition   legislature   for   redress   of   grievances 
in    peaceful   and   orderly  manner.      (Md.  D.Pv.    13.) 

PHARMACIES 

PHYSICIANS. 

!'i  blic  Health. 

PHYSICIANS 

rds  of  health,  See  Public  Bealth. 

■  provide  qualifications  of  practitioners  of  medicine  in  state 

»r  malpractice,  but   no  preference  to  be  given 

■  '1  of  medicine^      I'iVx.  XVI  31.) 

i    and    pharmacists   now   legally   registered   and    prac- 
nd    Indian    territory  to  be   eligible  to   registration   in 
ithout   examination  or  cost.      (Okla.  V  39.) 


Index  Digest  1083 


PHYSICIANS    (Cont'd) 

Until  otherwise  provided  by  law.  dental  surgeons  licensed  in  territory 
of  Oklahoma  and  those  residents  of  Indian  territory  on  June  16, 
1900,  and  all  graduates  of  reputable  school  or  college  of  dental  sur- 
gery   to    be    eligible    and    licensed    to    practice    without    examination. 

(Okla.    Sched.    14.) 
Legislature   to    provide   for   protection   of   people   from   unqualified    prac- 
titioners of  medicine  and  surgery  and  for  prot<  ■  ■  ■  1 1 1  i ; 1 1  com 
munications  to  physicians  by  patients.      (La.  297.) 

PIPE  LINES 

Oil  pipe  lines  authorized  to  do  business  may  construct  and  operate  line 
between  any  points,  connect  at  state  lines  and  intersect,  connect  with 
or  cross  any  other  line.      (Okla.   IX   2. > 

Oil  pipe  companies  subject  to  "reasonable  control  and  regulation"  of 
corporation  commission;  must  receive  and  transport  each  other's  com- 
modities, under  regulation.      i<!k!a.  IX  4.) 

Pipe  line  corporations  declared  to  be  common  carriers.      (Wyo.  X   7.) 

Corporations  declared  to  be  common  carriers,  and  subject   to  control  by 

law.      (Ariz.  XV  10.) 

Corporations  declared  to  be  public  utilities;  control  vested  in  railroad 
commission  which  may  fix  ra1  n  power  to  do  so   is  conferred  by 

legislature,     (CaL  XII  23.) 

Foreign  oil  pipe  lines  must  incorporate  under  domestic  law,  to  exercise 
right  of  eminent  domain.      (Okla.  IX  31.) 

Eminent  domain,  See  Eminent  Domain  —  Special  Pitslic  Purpose. 

POLICE 

No  armed  person  or  persons  to  be  brought  into  state  for  purpose  of  sup- 
pressing domestic  violence,  except  upon  application  of  legislature  or 
governor    when    legislature    cannot    be    convened.      (Ida.    XIV    6;    Ky. 

225;    Mont.    Ill    31:    S.C.    VIII    9.) 
No  armed  or  unarmed  men  ever  to  be  brought  into  state  for  suppression 
of  domestic  violence,  except  upon  application  of  legislature,  or  execu- 
tive    when     legislature     cannot     be     convened.      (Wyo.     XIX      Police 

Powers  1.) 
No  armed  person  or  bodies  of  men  to  be  brought  into  state  by  corpora- 
tion or  association  for  preservation  of  peace  or  suppression  of  domestic 
violence,  except  by  authority  of  law.  (Utah  XII  10.) 
Provision  prohibiting  right  of  citizen  to  bear  arms  in  defense  of  himself 
or  state  not  to  be  construed  as  authorizing  individuals  or  corpora- 
tions to  organize,  maintain  or  employ  an  armed  body  of  men.      (Ariz. 

II   26.) 
No  organized  body  of  armed   men,   other   than  active  militia,   to   be   per- 
mitted to  perform  military  duty  in  state  exeept  army  of  United  States, 
without    proclamation   of   governor.      (N.D.    XIII    190.) 
Police  force  of  city,  town  or  parish  not  to  be  organized  or  used  as  part 

of  state  militia.      (La.  301.) 
POLICE  COURTS,  See  Courts. 

POLICE  MAGISTRATES,   See  Courts  —  Police  Courts. 


-.j  SXAIK     I 'i  INSTITUTIONS 


POLITICAL  CORPORATIONS,   Bee   Municipalities. 
POLITICAL  DIVISIONS  OF  STATE,   S<!e    Municipalities. 
POLITICAL  SUBDIVISIONS  OF  STATE,  See    Municipalities. 

POLITICAL  YEAR 

State   Finances  —  Fiscal  Year. 

on    first   clay   of   January.      (N.Y.   X   G.) 
ice  on   first   Monday   in   January.      (Minn.   VII   9;    Miss,   XIV 

257;    Wis.    XIII    1.) 
imence  on  first  Wednesday  in  January.      (Mass.  Amend.  X.) 

POLYGAMY 

UsQualificdtibn   to  vote,  See  Elections  —  Qualifications  and  Dis- 

LTFICATIONS     OF     ELECTORS  —  BlGAMY    AS     DISQUALIFICATION. 

Polygamous  or  plural  marriages  prohibited;   provision  not  to  be  changed 

without   consent  of  United  States.     (UtaTi  III   1.) 
Pol-.  -    or    plural    marriages    and    polygamous    cohabitation    forever 

prohibited;    provision   not   to   be   changed   without   consent   of   United 

States.      (Ariz.  XX;  N.M.  XXI  1.) 
and  polygamy  prohibited  and  legislature  to  provide  for  punish- 
ment.     (Ida.  I  4.) 
Polygamous  or  plural  marriages  prohibited.      (Okla.  I  2.) 
Bigamists    or    polygamists   may   not   serve   on   jury   or   hold   civil    office. 

(Ida.   VI    3.) 
PREAMBLES 

•"  We,  the  people  of  the  state  of  Alabama,  in  order  to  establish  justice,  in- 
Bure   domestic   tranquility   and  secure  the  blessings   of   liberty  to  our- 
selves and  our  posterity,  invoking  the  favor  and  guidance  of  Almighty 
God,  do  ordain  and  establish  the  following  constitution  and  form   of 
rernment  for  the  state  of  Alabama". 
"  We,  the  people  of  the  state  of  Arizona,  grateful  to  Almighty  God  for 

our  liberties,  do  ordain  this  constitution". 
"  We,  the  people  of  the  state  of  Arkansas,  grateful  to  Almighty  God  for 
privilege1  of  choosing  our  own  form  of  government,  for  our  civil  and 
religious   liberty,   and   desiring  to  perpetuate  its  blessings  and   secure 
~:inu-  to  ourselves  and  posterity,  do  ordain  and  establish  this  con- 
•.  ion  ". 
"  We,  the  people  of  the  state  of  California,  grateful  to  Almighty  God  for 
otor  freedom;  in  order  to  secure  and  perpetuate  its  blessing,  do  establish 
•  lit  ion  ". 
the  people  of  Colorado,  with   profound  reverence  for  the  Supreme 
uler  of  the  universe,  in  order  to  form  a  more  independent  and  per- 
rnineirt';   establish   justice,  insure  tranquility;   provide  for  the 
a  defense;   promote  the  general  welfare,  and  secure  the  blessings 
>ertj    to  ourselves  and  our  posterity,  do  ordain  and  establish  this 
'i-tiiution    for  tie-   •  atate  of   Colorado'  *. 
I  he  people  of  Connecticut,  acknowledging  with  gratitude,  the  good  provi- 
in  having  permitted  them  to  enjoy  a  free  government,  do, 
more  effectually  to  define,  secure,  and  perpetuate  the  liberties, 


I  m>!'.\'    I  )kji:st  10-;, 


PREAMBLES    (Cont'd) 

rights    and    privileges    which    they    have    derived    from    their    ancestors, 
hereby,  after  a  careful  consideration  and  revision,  ordain  and  establish 

the  following  constitution,  and  I'm  m  oif  eivil  gorernmenl  ". 
"  Through  Divine  goodness,  nil  men  have  ISy  nature  the  rights  of  worship- 
ping and  serving  their  Creator  according  to  the  dictates  of  their  con- 
sciences, of  enjoying  and  defending  life  and  liberty,  of  acquiring  and 
protecting  reputation  and  property,  and  in  general  of  attaining  objects 
suitable  to  their  condition,  without  injury  by  one  to  another:  and  as 
these  rights  are  essential  to  their  welfare,  for  due  exercise  thereof, 
power  is  inherent  in  them;  and  then  fore  all  just  authority  in  the  insti- 
tutions of  political  society  is  derived  from  the  people,  and  established 
with  their  consent,  to  advance  their  happiness1;  and  they  may  for  this 
end,  as  circumstances  require,  from  time  to  time,  alter  their  constitu- 
tion of  government  ".  ( Delaware. ) 
"We,  the  people  of  the  state  of  Florida,  grateful  to  Almighty  Cod  for 
our  constitutional  liberty,  in  order  to  secure  its  blessings  and  to  form 
a  more  perfect  government,  insuring  domestic  tranquility,  maintaining 
public  order,  and  guaranteeing  equal  civil  and  political  rights  to  all,  do 

ordain  and  establish  this  constitution". 

"  To  perpetuate  the  principles  of  free  government,   insure   justice  to  all. 

preserve  peace,  promote  the  intere-t   and  feappiness  of  the  citi7.cn,  and 

transmit   to   posterity    the    enjoyment     of     liberty,    we,     the  people   of 

Georgia,  relying  upon  the  protection  and  guidance  of  Almighty  God,  do 

ordain  and  establish   this  constitution  ". 

"We,  the  people  of  the  state  of  Idaho,  grateful  to  Almighty  God  for  our 

freedom,  to  secure  its  blessings  and  promote  our  common   welfare  do 

establish  this  constitution  ". 
"We,  the  people  of  the  state  of  Illinois  —  grateful  to  Almighty  God  for 
the  civil,  political  and  religious  liberty  which  He  hath  so  long  per- 
mitted us  to  enjoy,  and  looking  to  Him  for  a  blessing  upon  our  en- 
deavors to  secure  and  transmit  the  same  unimpaired  to  succeeding  gen- 
erations—  in  order  to  form  a  more  perfect  government,  establish  jus- 
tice, insure  domestic  tranquility,  provide  for  the  common  defense,  pro- 
mote the  general  welfare,  and  secure  the  blessing  of  liberty  to  our- 
selves and  our  posterity,  do  ordain  and   establish  this  constitution  for 

the  state  of  Illinois  ". 
"To  the  end  that  justice  be  established,  public  order  maintained,  and 
liberty  perpetuated:  We,  tin-  people  of  the  state  of  Indiana,  grateful 
to  Almighty  God  for  the  free  exercise  of  the  right  to  choose  our  own 
form  of  government,  do  ordain  this  Constitution  ". 
"We,  the  people  of  the  state  of  low,-..  grateful  to  the  Supreme  Being  for 
the  blessings  hitherto  enjoyed,  and  feeling  our  dependence  on  Him  for  a 
continuation  of  those  blessings,  do  ordain  and  establish  a  free  and  in- 
dependent government,  by  the  name  of  the  stitr  of  Iowa,  the  boundaries 

whereof  shall   be  as   follows  ". 

"We,  the  people  of  Kansas,  grateful  to  Almighty  God  for  our  civil  and 

religious  privileges,  in  order  to  insure  the  full  enjoyment  of  our  rights 

as  American  citizens,  do  ordain   and   establish   this  constitution   of  the 

state   of   Kansas,   with   the   following   boundaries,   to   wit:      Beginning 


State  Constitutions 


PREAMBLES    (Cont'd) 

.u  a  point  "ii  the  western  boundary  of  the  state  of  Missouri,  where  the 
nth   parallel  of  north  latitude  crosses  the  same;   thence  run- 
Baid    parallel   to   the   twenty-fifth   meridian   o;    longitude 
from   Washington;   thence  north  on  said  meridian  to  the  fortieth 
tllel  of  north  latitude:   thence  east  on  said  parallel  to  the  western 
boundary   of  the   state    of    .Missouri;     thence    south,    with  the  western 
lundary  of  said  state,  to  the  place  of  beginning", 
"  We,  the  people  of  the  commonwealth  of  Kentucky,  grateful  to  Almighty 
!   fox  the  civil,  political  and  religious  liberties  we  enjoy,  and  invok- 
the  continuance  of  these  blessings,  do  ordain  and  establish  this  con- 
stitution ". 

•  We,  the  people  of  the  state  of  Louisiana,  grateful  to  Almighty  God  for 

civil,  political  and  religious  liberties  we  enjoy  and  desiring  to  se- 
curi  lontinuance  of  these  blessings;   do  ordain  and   establish  this 

constitution  ". 
"  We,  the  people  of  Maine,  in  order  to  establish  justice,  insure  tranquil- 
ity, provide  lor  our  mutual  defense,  promote  our  common  welfare,  and 
■  ruie  to  ourselves  and  our  posterity  the  blessings  of  liberty,  acknowl- 
_ing  with  grateful  hearts  the  goodness  of  the  Sovereign  Ruler  of  the 
e    in    affording  us  an  opportunity,    so    favorable   to   the    design; 
and,  imploring  His  aid  and  direction  in  its  accomplishment,  do  agree  to 
form  ourselves  into  a  free  and  independent  state,  by  the  style  and  title 
the  state  of  .Maine,  and  do  ordain  and  establish  the  following  consti- 
tution for  the  government  of  the  same". 
"  We,  the  people  of  the  state  of  Maryland,  grateful  to  Almighty  God  for 
our  civil  and   religious   liberty,   and  taking  into  our  serious  considera- 
bion   the  best  means  of  establishing  a  good  constitution   in   this   state 
for  the  sure  foundation  and  more  permanent  security  thereof,  declare  " : 
■    end   of   the    institution,    maintenance,   and    administration    of    gov- 
ernment, is  to  secure  the  existence  of  the  body  politic,  to  protect  it, 
d  to  furnish  the  individuals  who  compose  it  with  the  power  of  en- 
ing  in  safety  and  tranquility  their  natural  rights,  and  the  blessings 
of  life;    and  whenever  these  great  objects  are  not  obtained,  the  people 
have  a    righl   to  alter  the  government,  and  to  take  measures  necessary 
for   their   safety,    prosperity,   and   happiness". 
'  The  body  politic  is  formed  by  a  voluntary  association  of  individuals :  it 
social   compact,   by   which   the  whole  people  covenants  with   each 
citizen,  and  each  citizen  with  the  whole  people,  that  all  shall  be  gov- 
erned by  certain  laws  for  the  common  good.     It  is  the  duty  of  the  peo- 
ple, therefore,  in  framing  a  constitution  of  government,  to  provide  for 
n  equitable  mode  of  making  laws,  as  well  as  for  an  impartial  interpre- 
tion   and  a  faithful  execution  of  them;   that  every  man  may,  at  all 
•  -.   find  bis  security   in  them  ". 

•  We,  therefore,  the  people  of  Massachusetts,  acknowledging,  with  grate- 

i   lean,,  the  goodness  of  the  great  Legislator  of  the  universe,  in  af- 

irding  us.  in  the  course  of  His  providence,  an  opportunity,  deliberately 

1  peaceably,  without  fraud,  violence,  or  surprise,  of  entering  into  an 

":i1-  explicit,  and   solemn   compact  with  each  other;   and  of  form- 

i  new  c,,,,  tit ut ion  of  civil  government,  for  ourselves  and  posterity; 


1  m)ex  Digest  1087 


PREAMBLES    (Cont'd) 

and  devoutly  imploring  His  direction  in  so  interesting  a  design,  do 
agree  upon,  ordain,  and  establish,  the  following  Declaration  of  Rights, 
and  frame  of  government,  as  the  constitution  of  the  commonwealth  of 

Massachusetts  ". 

"The  people,  inhabiting  the  territory  formerly  called  the  Province  of 
Massachusetts  Bay,  do  hereby  solemnly  and  mutually  agree  with  each 
other,  to  form  themselves  into  a  free,  sovereign,  and  independent  body 
politic,  or  state,  by  the  name  of  the  commonwealth  of  Massachusetts  ". 

—  (Pt.  II.) 

"  We,  the  people  of  the  state  of  Michigan,  grateful  to  Almighty  God  for 
the  blessings  of  freedom,  and  earnestly  desiring  to  secure  these  blessings 
undiminishd  to   ourselves  and   our   posterity,   do   ordain    and   establish 

this  constitution  ". 

"We,  the  people  of  the  state  of  Minnesota,  grateful  to  God  for  our  civil 
and  religious  liberty,  and  desiring  to  perpetuate  its  blessings  and  se- 
cure the  same  to  ourselves  and  our  posterity,  do  ordain  and  establish 

this  constitution  ". 

"We,  the  people  of  Mississippi  in  convention  assembled,  grateful  to  Al- 
mighty God,  and  invoking  His  blessing  on  our  work,  do  ordain  and  es- 
tablish this  constitution  ". 

"  We,  the  people  of  Missouri,  with  profound  reference  for  the  Supreme 
Ruler  of  the  universe,  and  grateful  for  His  goodness,  do,  for  the  better 
government  of  the  state,  establish  this  constitution". 

"  We,  the  people  of  Montana,  grateful  to  Almighty  God  for  the  blessings 
of  liberty,  in  order  to  secure  the  advantages  of  a  state  government,  do, 
in  accordance  with  the  provisions  of  the  enabling  act  of  Congress,  ap- 
proved the  twenty-second  of  February,  A.  D.  1889,  ordain  and  establish 

this  constitution  ". 

"  We,  the  people,  grateful  to  Almighty  God  for  our  freedom,  do  ordain 
and  establish  the  following  declaration  of  rights  and  frame  of  govern- 
ment, as  the  constitution  of  the  state  of  Nebraska  ". 

"We,  the  people  of  the  state  of  Nevada,  grateful  to  Almighty  God  for 
our  freedom,  in  order  to  secure  its  blessings,  insure  domestic  tranquil- 
ity, and  form  a  more  perfect  government,  do  establish  this  constitu- 
tion ". 

"The  people  inhabiting  the  territory  formerly  called  the  Province  of 
New  Hampshire  do  hereby  solemnly  and  mutually  agree  with  each 
other  to  form  themselves  into  a  free,  sovereign,  and  independent  body 
politic,  or  state,  by  the  name  of  the  state  of  New  Hampshire".      <  I't. 

II    1.) 

"We,  the  people  of  the  state  of  New  Jersey,  grateful  to  Almighty  God 
for  the  civil  and  religious  liberty  which  He  hath  so  long  permitted  us 
to  enjoy,  and  looking  to  Him  for  a  blessing  upon  our  endeavors  to  se- 
cure and  transmit  the  same  unimpaired  to  succeeding  generations,  do 
ordain   and   establish    this   constitution ". 

"We,  the  people  of  New  Mexico,  grateful  to  Almighty  God  for  the 
blessings  of  liberty,  in  order  to  secure  the  advantages  of  a  state  gov- 
ernment, do  ordnin   and   establish  this  constitution". 

"We,  the  people  of  the  state  of  New  York,  grateful  to  Almighty  Cod  for 


State  Coxstitutions 


PREAMBLES    [Cont'd) 

m,  in  order  to  secure  its  blessings,  do  establish  this  consti- 
tution ". 
.    0f   ill,,   --.,;.    of   North   Carolina,  grateful  to  Almighty 
Ruler    of    nations,    for    the    preservation    of    the 
,1.  and  the  exigence  of  our  civil,  political  and  religious 
i,    and   acknowledging   our   dependence   upon   Him   for   the   con- 

0   us  and  our  posterity,  do,  for  the  more 
,id  for  the  better  government  of  this   state, 
stablish  this  constitution." 

or    North    Dakota,   grateful    to    Almighty    God   for    the 
oi    civil    and   religious    liberty,    do   ordain    and   establish   this 

constitution  ". 

••  yye,  tbe  people  of  the  state  of  Ohio,  grateful  to  Almighty  God  for  our 

;      -  -   blessings  and  promote  our  common  welfare,  do 

establish  this  constitution  ". 
••  Invtokins   fcbt   guidance  of   Almighty   God,   in   order  to   secure  and   per- 
,.,■  |      blessings   of   liberty;    to   secure   just   and   rightful  govern- 

ment ;   to  promote  our  mutual  welfare  and  happiness,  we  the  people  of 
th(  i    '  i,Jahoma,    do    ordain    and    establish    this    constitution". 

••  \\  of  the  state  of  Oregon,  to  the  end  that  justice  be  estab- 

li-li.u,   oldei    maintained,  and  liberty  perpetuated,  do  ordain  this  con- 
stitution ". 
"  We,  the  people  of  the  commonwealth  of  Pennsylvania,  grateful  to  Al- 
.  r,\   in  (i  f©r  th<    blessings  of  civil  and  religious  liberty,  and  humbly 
invoking   His  guidftncej  do  ordain  and  establish  this  constitution". 
"He.   the   people   of   the   state   of  Rhode   Island  and   Providence   planta- 
tions,   plateful    to    Almighty    God    for    the    civil    and    religious    liberty 
Which   lie  hath  so  long  permitted  us  to  enjoy,  and  looking  to  Him  for 
a    I  i:moh   our   endeavors    to   secure   and   to   transmit   the    same 

miini|i.iircd    to    sua  venerations,    do    ordain    and    establish    this 

constitution  of  government  ". 
"  \\  i'.  the  people  of  the  state  of  South  Carolina,  in  convention  assembled, 
grateful    to    <;od    for    our    liberties,    do    ordain    and    establish   this   con- 
dition   lor   ii,c   preservation   and   perpetuation  of  the  same". 
"  We,  the  people  of  South  Dakota,  grateful  to  Almighty  God  for  our  civil 
and  religious  liberties,  in  order  to  form  a  more  perfect  and  independent 
-om'mi  itaolish   justice,   insure  tranquility,   provide   :or  the  com- 

mon   ,;  p  pmote    the   general    welfare    and    preserve    to    ourselves 

'■""''   to  our    posterity    '  ssii\gs  o     liberty,   do  ordain   and  establish 

this  constitution    for   the  state  of  South  Dakota"'. 

■   people   of   the   territory  of  the   United   States   south  of  the 
Ihio,   having  the  righft  of  admission   into  the  general  government 
l    "    member    -i  .!■•    tjbewf,    eon.-isl  ent    with    the    constitution    of    the 
'"'led   States   and    tie-   art   of  cession  of   the   state  of  North  Carolina, 
ordinance   for   the  government   of  the  territory  of   the 
norihwe-t   o.    the  phio  riser,  by  their  delegates  and  rep- 
i!i    conventiofl    assembled,   did,   on   the   sixth   day  of   Feb- 
1   fche  year  of  our    Lord  one  thousand  seven  hundred  and  ninety- 
lain   and   establish,   a   constitution,   or   form  of  government,   and 


Index  Digest  1081) 


PREAMBLES    (Cont'd) 

mutually  agreed  with  eaoh  other   to   form  themselves  into  a  free  and 

independent  state  by  the  name  of  the  state  of  Tennessee;  and 
Whereas  the  general  assembly  of  the  said  state  of  Cenrleasee  (pursuant 
to  the  third  section  of  the  tenth  article  of  the  constitution),  by  an 
act  passed  on  the  tweut \ -se\  ,ni  h  .Li\  of  November,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirl  y-three,  entitled  "An  Act" 
to  provide  for  the  calling  of  a  convention,  passed  in  obedienoe  to  the 
declared  will  of  the  voters  "■  thie  state,  as  expressed  at  the  general 
(  lection  of  August,  in  the  year  of  our  Lord  one.  thousand  eight  hun- 
dred and  thirty-three,  did  authorize  and  provide  for  the  election,  by 
the  people,  of  delegates  and  representatives^  to  meel  at  Nashville,  in 
Davidson  county,  on  the  third  .Monday  in  May,  in  the  year  of  our 
Lord  one  thousand  eight,  hundred  and  thirty-four,  for  the  purpose  of 
revising  and  amending,  or  changing,  the  constitution,  and  said  con- 
vention did  accordingly  meel  and  form  a  constitution,  which  was  sub- 
mitted to  the  people,  and  was  ratified  by  them,  on  the  lirst  Friday  in 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
five;  and 
Whereas  the  general  assembly  of  the  said  stale  of  Tennessee,  under  and 
in  virtue  of  the  first  section  of  the  first  article  of  the  Declaration  of 
Rights,  contained  in  and  forming  a  part  of  the  existing  constitution 
of  the  state,  by  an  act  passed  on  the  fifteenth  day  of  November,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-nine,  did 
provide  for  the  calling  of  a  convention  by  the  people  of  the  stale, 
to  meet  at  Nashville,  on  the  second  .Monday  in  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy,  and  for  the 
election  of  delegates  for  the  purpose  of  amending  or  revising  the  pres- 
ent constitution,  or  forming  and  making  a  new  constitution;  and 
Whereas  the  people  of  the  state,  in  the  mode  provided  by  said  act,  have 
'called  said  convention  and  elected  delegates  to  represent  them  therein; 
now,  therefore,  we,  the  delegates  and  representatives  of  the  people 
of  the  state  oi'  Tennessee,  duly  elected,  and  in  convention  assembled, 
in  pursuance  of  said  act  of  assembly,  have  ordained  and  established 
the  following  constitution  and  form  of  government  for  this  state, 
which  we  recommend  to  the  people  of  Tennessee  for  their  ratification  — 

that   is  in  s;n  ". 
"  Humbly  invoking  the  blessing  of  Almighty  Cod,  the  people  of  the  state 
■•Grateful  to  Almighty  God  for  life  ami  liberty,  we,  the  people  of   Utah, 
in    order   to   secure   and   perpetuate   the   principles   of   free  government, 
do  ordain  and  establish  this  constitution  ". 
"  Whereas,   pursuant  to  an  act  of  the  general   assembly  of   Virginia,  ap- 
proved  March    the    fifth,    in    the   year   of    our   Lord    nineteen    hundred, 
the   question,   'shall   there  be   a   convention   to   revise    the    constitution 
and   amend  the  same?"   was   submitted    to   the   electors  of   the  state   of 
Virginia,  qualified  to  vote  for  members  of  the  general   assembly,  at   an 
election  held  throughout    the  state  oil  the  fourth  Thursday  in   May,  in 
the  year  nineteen  hundred,  at   which  election  a  majority  of  the  electors 
so  qualified  voting  at  said  election  did  decide  in  favor  of  a.  convention 

for   such   purpose;    and. 


1()  State  Constitutions 


PREAMBLES    [Cont'd) 

.  the  general   assembly   at   its   next  session  did  provide  by   law 
eetioii  of  delegates  to  such  convention,  in  pursuance  whereof 
.   0f    this   convention   were  elected   by  the  good   people   of 
Virginia,   to  meet   in  convention  for  such  purpose. 

the  people  of  Virginia,  so  assembled  in.  convention 
through  our  representatives,  with  gratitude  to  God  for  His  past  favors, 
■Mid  invoking  His  blessings  upon  the  result  of  our  deliberation,  do 
ordain  and  establish  the  following  revised  and  amended  constitution 
for  the  government  of  the  commonwealth": 

■  people  of   Hi"   Mate  of   Washington,   grateful   to   the   Supreme 
Kulcr  of  the  universe   for  our   liberties,  do  ordain  this  constitution". 
the   people  of   Wisconsin,   grateful   to  Almighty  God  for  our  free- 
dom; in  order  to  secure  its  blessings,  form  a  more  perfect  government, 
insure    domestic    tranquility    and    promote    the    general    welfare;     do 

establish  this  constitution  ". 
•  We.  the  people  of  the  state  of  Wyoming,  grateful  to  God  for  our  civil, 
olitical   and    religious    liberties,   and   desiring  to   secure   them  to   our- 
selves and   perpetuate   them  to  our  posterity,  do  ordain  and  establish 

this  constitution  ". 
PRECINCTS,    n<<    Municipalities. 

PRESIDENT  OF  UNITED  STATES 

Presidential    electors    to    be   chosen    or    elected    in    manner    and    at    time 

prescribed  by  law.      (La.  206.) 
Delegates   to   national    conventions   of  political   parties  to   be   chosen  by 
din  of  electors.     Each  candidate  to   state  his   first  and  second 

choice  for  president,  which  preference  to  be  printed  on  primary  ballot 
below   name   of   candidate,   but   name   of   candidate    for    presidency   not 
to  be  ><>  used   without   his  written  authority.      (Ohio  V  7.) 
PRESS,  FREEDOM  OF,    See  Freedom  of  Speech  and  Publication. 
PRIMOGENITURE,  See  Property  -  -  Primogeniture  and  Entail. 

PRINTING 

n.  .    Public   Printing. 

(  frnl  racts   for,  S<  i    l'i  blic  <  Jontracts. 

PRIVATE  GUARDS,   See   Polk  i •:. 
PRIVATE  INSTITUTIONS 
Aid    to 

I  ii  aim  i  iks.  See  Public  Property  —  Grants  for 

Education    -Normal  Religious  Purposes. 

S lb.  See  Public  Lands  —  Grants. 

Education  —  Appbopbi-  See  Counties. 

\ii.  See  Cities. 

Education—  Sectarian  See   .Municipalities. 

Ins  i  ii  i  i  kins.  S«  e  'I  owns. 

Religion  —  Appropri-  See  Villages. 

\  1 1"  See  State  Debt  —  Purpose. 

-  •    Public  Property-  See  Penal   Institutions  —  Reform- 

Obani  atories. 


liNDK.x    Dk;i;st  1091 


PRIVATE  INSTITUTIONS    (Cont'd) 
Appropriations 

For  generai  provisions  in  regard  to  purpose  of  appropriations  and 
so  to  appropriations  for  private  institutions  i  See  State  Finances 

—  Expenditures  —  Pubpose. 
Investigation   and  control 
See  Charities. 

See  Charities  and  Corrections. 
Charitable  corporations.  See  Charities  —  Charitable  Corporations. 
Educational   corporations.   See   EDUCATION*. 
Penal  corporations,  See  Penal  Institutions. 

PRIVATE  LAWS,     gee  Special  or   Local   Laws. 

PRIVILEGES 

See  also  Life,  Liberty  and  Property. 

Hereditary,  See  Hereditary  Distinctions. 

Exemption  from  operation  of  general  lairs.  See  Laws  —  General  Laws. 
Suspension  of  lairs  for  benefit  of  limited  class,  See  Laws  —  Suspension. 
Equality  in  General 

No  exclusive  privileges,  except   as  provided  in  this  article,  shall  ever 

be  granted.      (Iowa  VIII  12.) 

No  citizen  or  class  of  citizens  to  be  granted  privileges  or  immunities 

which  upon  same  terms  may  not  be  granted  to  all  citizens.      (Cal. 

I    21' ;    X.l).  I  20.) 
No    law    to    be    passed    granting   to    any    citizen    or    class   of    citizens 
privileges  or  immunities  which,  upon  game  terms,  shall  not  equally 
belong  to  all  citizens.      (Ore.  I  20.) 
One  citizen  or  class  of  citizens  not  to  be  granted  privileges  or  immun- 
ities   by    legislature    which    upon    same    terms    shall    not    equally 
belong  to  all  citizens.      (Ark.  II   IS;    ind.  I  23;    Iowa  I  (!. ) 
No   law   to  be  enacted   giving   to   one   citizen    or   class   of   citizens  or 
corporations  privileges  or  immunities  not  equally  open  to  all  citi- 
zens   or    corporations.      (S.D.    VI    18.) 
No   law  to  be   enacted   giving   to   one   citizen   or   class   of  citizens  or 
corporations,  other  than  municipal,  privileges  or  immunities  not 
equally  open  to  all.      (Ariz.   II    13;    Wash.   I    12.) 
No   man    or   set   of    men    entitled    to    exclusive    public    privileges    from 

community.      (Conn.  I   1.) 
Same;    adds    '"but    in    consideration    of    public    services".      (Ky.    3; 

N.C.  I  7;  Tex.  I  3 ;   Va.  I  4.) 
No  citizens   to   he    deprived    of   right,    privilege   or    immunity,   or   ex- 
empted from  burden  or  duty,  on  account  of  race,  color  or  previous 

condition.      (Ark.  II   3.) 
Laws  affecting  political   rights  and   privileges  of  citizens  to  be  with- 
out   distinction    of    race,    color,    sex.    or    circumstance    or    condition 
whatever,    other    than    individual    incompetency    or    uhworthiness 
duly   ascertained   by   court  of  competent   jurisdiction.      (Wyo.   I   3.) 


State  ( oxstltutioss 


PRIVILEGES    {Cont'd) 

l.m  ai  .   Private  ob  Special  Law 

Legislature  aoi  to  pass,  -ranting  charter.     (Ala.  IV  104.) 

islature  not   to   pass,   granting  exclusive   privilege,   immunity   or 
franchise  to  corporation,  association  or  individual.      (N.J.  IV  Sec. 

VII  11.) 

Sam,':    "special"    instead    of    "exclusive".      (Utah   VI   26.) 

Legislature  not  to  pass,  granting  any  exclusive  privilege,  immunity 

or  franchise  to  any  private  corporation,  association  or  individual, 

unless    hill    or    amendment    reported    by    commissioners    to    revise 

statutes.     (N.Y.  Ill  18,  23.) 
Legislature  not  to  pass,  granting  to  corporation,   association  or  in- 
dividual,   special    or    exclusive    privilege,    immunity    or    franchise. 
(Ariz.    IV    19;    Colo.  V  25;    Minn.   IV  53;   Mont.   V   26;    N.D.   II 

69;  Pa.  Ill  7;  S.D.  Ill  23.) 
same;    adds    '-nor   amending   existing   charters    for    such    purpose". 
(111.  IV  22;   Nebr.  Ill   15;    N.M.   IV  24;   Wyo.   Ill  27.) 
Legislature  not  to  pass,  granting  to  corporation,  association  or  indi- 
vidual,  special   or   exclusive   right,   privilege    or   immunity.      (Cal. 

IV  25;  La.  48;  Mo.  IV  53.) 
Same;   adds  "private"  before  "corporation".      (Va.  IV  63.) 

Prohibition  of  Irrevocable  Grants 

No   law   granting   irrevocably   any   privilege,   franchise   or   immunity 

to  be  enacted.      (Ariz.  II  9;   S.D.  VI   12;  Utah  I  23.) 
Same;  adds  "by  legislature".     (Wash.  I  8.) 
No  laws  granting  irrevocable  special  privilege,  franchise  or  immunity 

to  be  enacted  by  legislature.      (Colo.   II    11;    Mont.   Ill    11.) 
No   law   granting  irrevocable   special   privilege  or   immunities   to  be 

passed.     (Ga.  I  Sec.  Ill  2;  Nebr.  I  16;  Pa.  I  17.) 
Same;    adds    "by    legislature".      (111.    II    14;    Mo.    II    15.) 
Legislature  not  to  pass  law  making  irrevocable  or  exclusive  grants 
of   special    privileges   or   immunities;    every   grant   of   a   franchise, 
privilege  or   immunity  shall   forever   remain  subject  to  revocation, 
alteration  or  amendment.      (Ala.  I  22.) 
No  irrevocable  or  uncontrollable  grant  of  special  privileges  or  immun- 
ities  to   be   made;    but   all    privileges   and   franchises   granted   by 
legislature,   or   created   under   its   authority,   to   be   subject   to   its 

control.      (Tex.  I  17.) 

No   Bpecial   privileges   or   immunities   to  be  granted  which  may  not 

be  altered,  revoked  or  repealed  by  legislature.     (Cal.  I  21;   Ida. 

I  2;  N.D.  I  20;  Ohio  I  2.) 

pecial  privileges  or  immunities  shall  ever  be  granted  by  legis- 

lalurc   which   may   not  be   altered,    revoked   or   repealed   by   same 

body;   and   this   power  shall  be  exercised  by  no  other  tribunal  or 

agency".      (Kan.  B.R.  2.) 
Subject  to  provisions  of  this  article  legislature  may  amend  or  repeal 
laws   granting   special    or    exclusive   privileges    or    immunities,   by 
of    two  -thirds  of  each  house.      (Iowa  VIII   12.) 


Index  Digest  1093 


PRIVILEGES    (Cont'd) 
Protection  of 

Injury   to   immunities    to  >><■    redressed    l>y   due   course  of   law.      (Me. 

I   19.) 

Injury    to    rights    to    lie    adequately    repressed    by    <\u<>   process   of    law. 

i  La.  6.) 

Privileges    and    immunities    of    citizens    of    state    and    United    States 
under  this  constitution  not  to  be  abridged.      (S.C.  I  5.) 

PRIZE-FIGHTING 

Prohibited   in   stale   and   legislature   to   provide   for   prevention    and    pun- 
ishment,    (S.C.  VIII  12.) 

PROBATE  COURTS,   See  Courts. 

PROCESS,    See  Courts. 

PROHIBITION,    Sec?  Liquors  —  Prohibition". 

PROPERTY 

Of  aliens,  See  Aliens. 

Of  decedents'  estates,  See  Decedents'  Estates. 
Of  married  women,  See  Women. 
Of  minors,  See  Minors. 

Of  persons  under  legal  disability,  See  Persons  Under  Legal  Disability. 
Of  public,  See  Public  Property. 
Of  United  States,  See  United  States  —  Property. 
For  provisions  relating  to  escheats,  See  Escheats. 

For  pronsions  relating  to  exem/ptwns,  including  homesteads,  See  Exemp- 
tions from  Forced  Sale. 
For  provisions  relating  to  all  instruments  and  so  to  instruments  affecting 

property,  See  Instruments. 
For  provisions  relating  to  Urns,  See  Liens. 
For  provisions  relating  to  taxation,  See  Taxation. 

Disposition 

Illegal  disposition  not  to  be  given  effect  by  local  or  special  law.     (La. 

48.) 
Entail,  See  below,  this  title,  Primogeniture  and  Entail. 
Injury   to,   Redress   of 
See  also  Injuries. 

See  also  Administration  of  Justice. 
See  also  Life,  Liberty  and  Property. 

Injury  to  personal  property,  See  below,  this  title,  Pkrsonal  Property. 
Injury  to  real  property,  See  bcloir,  this  title.  Real  Property. 
Legislature    not    to    limit    amount    to    be    recovered    for    injuries    to 

property.      (Ark.  V  32;   Ky.  54;    Pa.  Ill  21.) 
Injury  to  property  to  be  redressed  speedily.     (Colo.  II  0;  Ida.  I  18; 

Mont.    Ill    (J:    Okla.   II  6.) 
Injury  to  property  to  have  certain  remedy.      (Ark.   II    KU.   Minn.  I  8; 

Mo.  II  10;  X.H.  I   14:  Okla.   II   6;   Wis.  I  !>.i 
Every  person  ought  to  find  remedj    in  laws  for  injuries  he  may  receive 
to' property.      (HI.  U    19;   Mass.   l't.   1   11;    ELI,   1  5;   \  t.  I    I.) 


HUM  State  Constitutions 

PROPERTY    (Cont'd) 

I  vu  i;i    ro,  Redbess  op  (Cont'd) 

Injury  to  property  to  be  redressed  "without  sale,  denial  or  delay". 

(Wyo.  I  8.) 

Injury  to  property  to  l>e  redressed  by  due  course  of  law.      (Conn.  I  12; 

Ind.  I   12;   Kan.   B.R.  18;  Me.  I   19;  Ore.  I  10;   S.D.  VI  20;  W.Va. 

Ill  17.) 
injury  to  property  ought  to  be  redressed  by  the  course  of  the  law  of 

the  land.    (Md.  D.R.  19.) 
Injury  to  property  to  be  redressed  by  due  process  of  law  administered 

without  denial  or  unnecessary  delay.     (Utah  111.) 
No  act  to  prescribe  limitation   of  time   within   which   suits  may  be 
brought    against   corporations   for    injuries    to    property,    different 
from  those  fixed  by  general  laws  regulating  actions  against  natural 
persons;   such  acts  now  existing  avoided.      (Pa.  Ill  21.) 
Pebpetuities 

Perpetuities  contrary  to  genius  of  free  state  and  not  to  be  allowed, 
i  Ark.  II   19;  N.C.  I  31;  Okla.  II  32;  Tenn.  I  22;  Tex.  I  26;  Wyo. 

I  30.) 
No  law  to  be  enacted  permitting.      (Ariz.  II  29.) 
Not  to  be  allowed,  except  for  eleemosynary  purposes.      (Cal.  XX  9; 

Nev.  XV  4.) 
Not  to  he  allowed  except  for  charitable  purposes.     (Mont.  XIX  5.) 
Legislature  to  so  regulate  entails  as  to  prevent  perpetuities.      (N.C. 

II    15;    Vt.   II  59.) 
Personal  Property 

Injury  to  movable  possessions  to  be  redressed  by  due  course  of  law. 

(Del.   I   9.) 

Injury  to  uroods  to  bo  redressed  by  due  course  of  law.      (Fla.'D.R.  4; 

Ky.  14;   Miss.  Ill  24;  Nebr.  I  13;  N.C.  I  35;  Ohio  I  16;  Pa.  I  11; 

Tenn.   I   17;   Tex.   I   13.) 
Injury  to  goods  to  be  redressed  by  due  process  of  law.      (Ala.  I  13; 

N.D.  I  22.) 
a  jury  to  goods  to  be  adequately  redressed  by  due  process  of   law. 

(La.  6.) 
Privileges  on  movable  property  to  exist  without  registration  except 
as  prescribed  by  law.      (La.   187.) 
PRIMOGENITURE  AND  ENTAIL 

Primogeniture  or  entailment  prohibited.      (Okla.  II  32;   Tex.  I  26.) 
laws  not  to  be  enacted  permitting  entailment.      (Ariz.  II  29.) 

islafcure  to  so  regulate  entails  as  to  prevent  perpetuities.      (N.C. 

II   15;   Vt.  II  59.) 
FTCATION    FOE   VOTING,    See    ELECTIONS  —  QUALIFICATIONS    AND    DIS- 
QUALIFICATIONS of  Electors. 

Real  Propebq v 

Of  corporations,  See  Corporations. 

'""  relating  to  eminent  domain,  See  Eminent  Domain. 

For  provisions  relating  l<>  forests.  See  Forests. 
For  provisions  relating  to  puUic  lands,  See  Public  Lands. 


I  \dex  Digest  L09i 


PROPERTY    [Cont'd) 

Real   Property    (Cont'd) 
Boundaries 

Boundaries  not  to  be  affected  or  regulated  by   local,   private  or 

special  law.     I  Va.  [V  03.) 
Deeds 

Recording  of,  See  below,  this  title,   Records, 
Invalid  deeds  nut    to  be  given  effect   by   local,  private  or  special 
law.      (Ala.    IV    104;    Cal.   IV   25;    Ida.    IK    19;    Ky.    59;    Nev. 

IV  20;    Wash.    II    28.) 

Informal  or  invalid  deed-,  not  to  be  given  effect  by  local,  private 

or  special  law.      (Ariz.  IV  111;  Colo.  V  25;    l-'la.  Ill   20;    La.    18; 

Md.-III    3.-3:    Minn.    IV    33;    Mo.    IV    53;     Mont.    V    26;    N.M. 

TV  24:    X.D.    II    tii);    Okla,   V  46;    Tex.    Ill    56;    Wyo.    HI    27.) 

Entry  by  Warrant 

No  entry  by  warrant   on  land  in  this  state  to  lie  made.      (W.Va. 

XIII    2.) 
Forfeited  Lands 

For    disposition    of.    See    PUBLIC    Lands  —  Land     FORFEITED    TO 

State. 
Title  to   forfeited    lands   not  to   be   released   by    local   or   special 

law.      (W.Va.   VI   30.) 
Detailed  provisions  for  transfer  .if   land    forfeited,   escheated  or 
bought  by  state  at  tax  sale   to   person   in   possession   who   has 
paid    taxes;    for    sale    of    unredeemed    lands    and    payment    of 
surplus  over  taxes,   interest    and  costs.      (W.Va.    XIII    3.) 
Heirs  to  confiscated    property    may   be   released    from   taxe>   due 
thereon  at  date  of  its  reversion   to  them.      I  La.  59.) 
Injury  to,  Redress  of 

Injury  to  immovable  possessions  to  be  redressed  by  due  course  of 

law.       (Del.    I    0.) 

Tnjury   to   lands   to   be   redressed    by    due   course   of    law.      (  l'la. 

D.R.    4;    Ky.    14;    Miss.    Ill    24;    Xebr.    I    13;    X.C    1    3.");    Ohio 

I   16;   Pa.  I  11;   Tenn.    I    17:    Tex.   I    13.) 

Injury  to  lands  to  be  redressed  by  due   process  of   law.      (Ala. 

T  13;  N.D.  I  22.) 
Injury   to   lands   to   be   adequately    redressed   by    duo    process  of 

law.       (La.    fi.) 

Large  Tracts 

Land    held    in    large   tracts    not    to    be    as>esscd    for    taxes    lower 
than    land    of    same    quality    held     in    small    tracts.       (N.M. 

VIII   7.) 

Holding   of    large    tracts    of    land,    uncultivated    and    unimproved 

by   individuals  or  corporations,   is  against    the   public   interest, 

and  should  be  discouraged  by  all  mean-  not  inconsistent  with 

the  rights  of  private  property.     (Cal.  XVII  2.) 

Law  Governing 

All    private    rights    and    interests    in    land    in    this    state    derived 
from    and    under    laws  of    Virginia   or  this  state   prior   to   time 


1096  State  Constitutions 


PROPERTY    (Cont'd) 

111  \i.    I  .'    (Cont'd) 

Law  Governing   (Cont'd) 

of  going  into  operation  of  this  constitution  to  remain  valid 
and  to  be  determined  by  laws  in  force  in  Virginia  prior  to 
formation  of  this  state,  and  by  constitution  and  laws  of  this 
state  prior  to  time  this  constitution  goes  into  effect.      (W.Va. 

XIII  1.) 

Leases 

Lease  or  grant  of  land  for  agricultural  purposes  over  21  years 
reserving  any  rent  or  service  of  any  kind  invalid.    (Minn.  I  15.) 
Same;   20  years.      (Iowa  I  24.) 

me;   15  years.     (Wis.  I  14.) 
Same;   12  years.     (Mich.  XVI  10;  N.Y.  I  13.) 
Invalid    leases   not   to    be   given    effect   by    local    or    special    law. 

(Ida.  Ill  19.) 
Prescription 

See  al  o  Coubts — -Limitation  of  Actions. 

\n  action  to  be  maintained  for  possession  of  lands  within  state, 
nlying  on  grant  or  patent  of  Virginia  or  of  Kentucky  prior  to 
I  ^20,  against  person  in  possession  to  well  defined  boundary 
under  a  title  of  record,  unless  action  instituted  "within  five 
year's  after  occupant  may  take  possession"  or  constitution  in 
effect.  This  not  to  affect  any  right,  title  or  interest  in  lands 
acquired  by  adverse  possession  under  laws  of  this  common- 
wealth. (Ky.  251.) 
Real  Estate  Corporation 

No  corporation  to  lie  chartered  or  licensed  solely  to  deal  in  real 
tate  except    real  estate  in   incorporated  cities   or  towns,   nor 
to  act  as  agent  to  buy  or  sell  same.      (Okla.  XXII  2.) 
Records 

Law  not  to  be  passed  not  applicable  to  all  counties,  increasing 

uniform  charge  for  registration  of  deeds.      (Miss.  IV  91.) 
(  ounty    conrt-.    through   their    clerks   to   have   custody    of   deeds 
nd  other  pa'pers  presented  for  record  in  county,  to  be  preserved 
therein  or  otherwise  disposed  of  as  prescribed  by  law.      (W.Va. 

VIII  24.) 

All  deeds  and  conveyances  of  land  to  be  recorded  in  town  clerk's 

pective   towns,    and    for    want    thereof,    in    county 

clerk's  office  in  same  county.     (Vt.  II  58.) 

d"s  and  mortgages  proved   for  record  and   recorded  according 

prima  feme  evidence  in  courts  without   proof  of 

Certified    copy    of    record    of    deed    or    mortgage 

tted    as    prima    facie   evidence    of    record    and    of    its    due 

ecution  with  like  effect  as  original,  if  original  is  not  within 

custody  or  control  of  party  offering  copy.      (Fla.  XVI  21.) 

\"o  mortgage  or  privilege  on  immovable  property  to  affect  third 

recorded  or  registered  in  parish  where  property 

situated  in  manner  and  within  time  prescribed  by  law,  except 


Index  Digest  L097 


PROPERTY    (Cont'd) 

Real   Property    (Cont'd) 
Records   (Cont'd) 

privileges  for  expenses  of  last  illness  and   for  taxes;   provided 

such  taxes,  liens,  mortgages  and  privileges  shall  lapse  in  three 
years    from    last   day    of    year    in    which    taxes   are    levied,    and 
whether  now  or  hereafter  recorded.     (La.  1st;.) 
Sale 

Sale  or  conveyance  not  to  be  authorized  by  private  or  special  law. 

(Mich.  V  31.) 
Tenure 

Lands  in  state  declared  to  be  allodial;  and  feudal  tenures  of  every 
description  with  all  their  incidents  prohibited.      (Ark.   11   28; 

Minn.  1   15.) 
All   lands  declared  allodial,   feudal   tenures  prohibited;    lines  and 
like    restraints    on    alienation    reserved   in    any    grant    of    land 
hereafter    made    void.       (Wis.    I    14.) 
Feudal   tenures,    with   all    incidents,   abolished,    saving   rents   and 
services   certain   heretofore    lawfully   created   and   reserved.      All 
lands    within    this    state    are    declared    to    be    allodial,    so    that, 
subject  only  to  the  liability  to  escheat,  the  entire  and  absolute 
property   is  vested    in   the  owners,   according  to   the   nature  of 
their    respective   estates.      Fines,   quarter    sale--    and    other   like 
restraints  and  alienations  reserved  in  any  grant  of  land  here- 
after  made,   void.      (N.Y.   I   11,   12,   14.) 
Titles 

Legislature  to  pass  stringent   laws  for  the  detection  and  convic 
tion  of  all  forgers  of  land  titles  and  may  appropriate   money 
necessary  for  that  purpose.      (Tex.  XIII   (i.) 
Torrens  System 

Legislature  to  have  power  to  establish  such  court  or  courts  of 
land  registration  as  it  may  deem  proper  for  the  administra- 
tion of  any  law  it  may  accept  for  the  purpose  of  the  settle 
ment,  registration,  transfer  or  assurance  of  titles  to  land  in 
the  state  or  any  part  thereof.  ( Ya.  YI  100.) 
Laws  may  be  passed  providing  for  system  of  registering,  trans- 
ferring, insuring  and  guaranteeing  land  titles  by  the  state  or 
counties,  and  for  settling  and  determining  adverse  or  other 
claims  to  and  interests  in  lauds  under  system  and  for  creation 
and  collection  of  guaranty  funds  by  fees  against  registered 
lands;  and  judicial  powers  may  by  law  be  conferred  on  county 
recorders  or  other  Officers  in  matters  arising  under  the  system. 

(Ohio  11    40.) 
Rights  to 

See  also  Ltfe,  Liberty  and  Property. 

Right  of  property  before  and  higher  than  any  constitutional  sanction. 

I  Ark.   II   22.) 
"Nothing  contained   in   this   constitution    shall      *  affect    any 

rights   of   property."      (Tenn.    XI    2.) 


State  Constitutions 


PROPERTY    {Confd) 
Rights  ro  [Conf< 

Grants  of  land  made  by  king  of  Croat  Britain  after  October  14,  1775, 
null  and  void:  "but  nothing  contained  in  this  constitution"  to 
affed  prior  grants  by  him  or  subsequent  grants  by  state;  "or  shall 
impair"  certain  debts  "or  any  other  rights  of  property".      (N.Y. 

I  17.) 
Rights  oj    i  sited  Si  mi.-  <  iti/.kns 

Distinction  not  to  be  made  between  citizens  of  state  and  citizens  of 
other  states  and  territories  of  United  States  in  reference  to  pur- 
chase,   enjoyment   or   descent   of   property.      (Kan.   B.R.    17.) 

Sale 

Sale   of   property   of   individual   not  to   be  provided   for   by   local   or 

special   law.      (Ala.   IV    104.) 
PROSECUTING  ATTORNEYS 

/  nder  tlii*  title  are  digested  provisions  which  specifically  refer  to  these 
officers;  for  provisions  relating  to  count y  officers  and  public  officers  in 
.  Set   "Counties"   and  "Public  Officers". 
In    constitutions    of    Arkansas.    Indiana,    Michigan,    Minnesota,    Oregon, 
Washington,  West  Virginia,  term  "prosecuting  attorneys"  is  used. 

titutions  of  California.  Idaho,  Louisiana,  Massachusetts,  Missis- 
sippi,   Nebraska,    Nevada,    New    Mexico,   New   York,  Pennsylvania,  Wis- 
term  "district  attorneys"  is  used. 
In    constitutions    of    Tllinios,    Maryland,    North    Dakota,    South    Dakota, 

Tennessee,   Vermont,  term  "state's  attorneys"  is  used, 
lit  constitution  of  Virginia  term  "commonwealth  attorney"  is  used. 
In    constitutions    of     llabama,    New    Hampshire,    North    Carolina.    South 

Carolina,    term    "solicitor"    is    used,. 
In  constitution  <>i  New  Jersey,  term   "prosecutors  of  pleas"  is  used. 
In  constitution  of  Georgia,  term  "solicitor  general"  is  used. 
In    constitutions   of   Arizona,    loan.    Maine.    Montana.    Oklahoma,    Texas, 
Utah,    Wyoming,  term  "count//  attorneys"  is  used. 

•tit Hon   of  Florida,   terms  "prosecuting  attorneys"  and  "state's 

attorneys"  arc  used, 
tution    of    Kentucky,    terms    "commonwealth's    attorneys"    and 

"  county  attorneys  "  are  used. 
In    constitution    of   Colorado,    terms   "district   attorneys"   and   "county 

attorneys"  are  used. 
Abolishment  o]    I  >i  in  i. 

islature  has  power.     (Nev.  IV  32.) 
Legislature  may  abolish  office  of  commonwealth's  attorney,  in  which 
duties  discharged  by  county   attorneys.    (Ky.   108.) 

ture  to  provide  for  strict  accountability  for  fees  collected  and 
for  all   moneys  paid  or  officially  coming  into  possession.      (Wash. 

XI  5.) 
for   monej    collected;    collections   returned   and   paid   over  to 
proper  accounting  officer.     (Md.  V  12.  J 


I.m>k.\   Digest  IO'.i'.i 


PROSECUTING  ATTORNEYS   (Cont'd) 
Appointment 

By  governor  with  advice  and  consent  of  senate.     (  N..F.  VII  Sec.  II  4.) 
By  governor  with  consent   of  senate,  in  each  judicial  circuit.      (Fla 

V  L5.) 
By  governor  and  confirmed  by  senate  for  each  count}   criminal  court 

of  record.      (Fla.  V  27.) 
Solicitor  elected  for  each  circuit  or  other  territorial   subdivision  pre- 
scribed   by    legislature,    but    legislature    may    provide    by     law    for 
appointment    by    governor    or    election    by    qualified    electors    of    a 
county,  of  a  solicitor  for  any  county.      (Ala.  VI    ItiT.) 
"Selected"   for   each   circuil    court   district  in  manner  prescribed  by 

law.       (Miss.    VI     174.) 
Legislature    to    provide    for    election    or    appointment    in    the    several 

comities,      i  (  al.  XI  5.) 

Charters   framed   by    counties   for   own    government    may    provide   for 

election    or     appointment,     and     if     appointment,     for     manner     of 

appointment;     (CaL  XI  7V&.) 
County   attorneys  elected   or   appointed   as  provided   by    law.      (Colo. 

XIV   8.) 
Assistants 

Legislature  may  create  office  of  assistant  district  attorney,  to  be 
appointed  and  removed  by  and  to  possess  qualifications  for,  and 
to  have  powers  and  duties  of,  district  attorney,  except  not  to 
receive  fees  and  emoluments  of  oflice.  To  have  salary  of  $600  paid 
by  the  state  and  such  additional  salary  as  prescribed  by  law  paid 
pro  rata  by  police  jury  of  parish   or   parishes  of  district.      (La. 

1-25    (1014).) 
Legislature    may     provide     for     deputies     and     assistants.       (W.Va. 

IX  6.) 

In  Baltimore  one  deputy  not  to  exceed  $4,000  and  other  assistants  at 

such  salaries  not  exceeding  $2,500  as  supreme  bench   of  city  may 

authorize,  payable  out  of  fees  of  oflice.      (Md.  V  9.) 

Governor    not    to    employ    additional     counsel     in    any    ease    unless 

authorized  by  legislature.     (Md.  V  3.) 
Bonds 

Legislature  may  require,   with   security.    (W.Va.    IX  5.) 
Of  $10,000   with    sureties   approved   by   judge   having   criminal    juris- 
diction.     (Md.  V   12.) 
Commissions  to 

Legislature  may  provide  for.      I  W.Va.  IX  5.) 
Compensation 

As   prescribed   by    law.       (Fla.    V    IS,    27;    III.    VI    32;    Nev.    IV    32: 

N.M.  VI   24;   S.C.  V  29;   S.D.  V  24;  W.Va.   IX  6.) 
To  be  fixed  salary.      (Miss.  VI   174.) 
Salary  fixed  by  law,  one-half  by  state  and  the  other  half  by  county 

for   which  elected.      (Mont.   VIII    19.) 
Fees,    salaries    and    emoluments    prescribed    by    legislature.        (N.C. 

IV    18.) 


UOO  Stati  Obfcrsa  i  n  tIons 


PROSECUTING  ATTORNEYS   (Co»*'tf) 
IMPENSATIOM     I  Cont'd) 
To  receive  no  other  compensation  than  salary  prescribed  by  law;  not 
to  be  ii  I  or  diminished  during  term  for  which  elected.     (Ala. 

VI   167.) 

Salary    or    compensation    either    from    fees    or    emoluments    or    from 

general  county  fund  as  provided  by  law.      (Colo.  VI  21,  XIV  8.) 

To  be  regulated  by  law  in  proportion  to  duties  and  for  this  purpose 

legislature  may   classify   counties   by   population.      (Wash.   XI   5.) 

slature   to   regulate   compensation    in   proportion   to   duties;    and 

maj   establish  fees  to  be  charged,  and  for  this  purpose  may  classify 

counties;    charters   framed   by   counties   for   own   government  may 

provide  foT  compensation  or  for  its  fixing  by  boards  of  supervisors. 

(Cal.  XI  5,  7V2.) 
Salary  not  to  exceed  $250  a  year,  but  legislature  may  change  by  two- 
thirds  vote  of  each  branch,  but  change  not  to  affect  officer  then  in 
commission.  (Ga.  VI  See.  XIII  1,  2.) 
Salarj  $400  until  otherwise  provided  by  law,  but  never  to  exceed 
thai  sum;  not  to  lie  increased  or  diminished  during  term  of  office; 
excepted    from   provision   prohibiting   fees   and  perquisites.      (Ark. 

Sehed.  28,  XIX  11.) 
Salary  of  commonwealth^  attorney   from  state,  same  for  each  officer, 
not  to  exceed  $500,  but  any  county  may  pay  additional  compensa- 
tion;   also    such    percentage    of    fines   and    forfeitures    as    may   be 
fixed  by  law,  payable  only  when  collected  and  paid  into  treasury. 
Fees   of  commonwealth's  attorney   in   penal   or   criminal   cases  not 
to  be  remitted  by  governor.     (Ky.  98,  77.) 
Not    less    than   $500   nor   more  than   $1,500    to   be    fixed   by   board  of 
commissioners    of   county   and   paid   in    quarterly   instalments    out 
of   county    treasury.      ( Ida.   V   18.) 
islature    to    provide   for   compensation   of   district   attorneys    and 
linty    attorneys;    but    district    attorneys    to    receive    salaries'    of 
$500  from  state,  and  fees,  commissions  and  perquisites  as  provided 
law;    county    attorneys    to    receive    as    compensation    only   such 
* -.    commissions    and    perquisites    as    prescribed    by    law.      (Tex. 

V  21.) 
1   and   also   fees,   but  no   fee   in   criminal    cases   except   on   con- 
viction  and    then    not    to   exceed    $5   in    each   case   of   misdemeanor. 

(La.  125   (1914).) 

i   having  assessed   valuation  not  over  $2,000,000  not  more 

$1,200.      In  counties   having  assessed   valuation  of  more  than 

2,000,000    and    less    than    $5,000,000,    not    more    than    $1,500.     In 

untie,    having    assessed    valuation    of   more   than   $5,000,000,   not 

more    than    $2,500.      (  \¥yo.    XIV    3.) 

iry   of  county   attorneys   in   counties  of  over  20,000  to  be  $2,000 

md    in   counties  of  oyer   30,000,  $2,500,  and  in  counties  of  over 

I'M""'.   $3,000.      (Okla.   Sehed.    18.) 

cqmmjssiQns    or   salary   not   exceeding  $3,000    as   may   be 
ibed  by  law,  payable  out  of  fees  of  office;  in  Baltimore  city 


Index  Digest  ljni 


PROSECUTING  ATTORNEYS   (Cont'd) 
Compensation    ( Cont'd ) 

annual    salary    $5,400.     Removal    from    office    for    receiving    other 
fee  or  reward  than  allowed  by  law,  ''on  conviction  thereof".      (M<1. 

V  9.) 
Consolidation  of  Offices 

Legislature  has   power.      (  Nev.   IV  .'S2.  > 
Deputies,   See  above,    this    title,    Assistants. 
Dual  Office  Holding,   See  below,   this   title,  Qualifications   and  Dis- 

<i\-  \I  II  Ii   \ TIOXS. 

Election 

Under  this  subhead  arc  digested  those  provisions  which  sprciju-alig 
refer  to  this  officer;  for  provisions  relating  to  elections  in  general, 
See  the  title  Elections;  for  provisions  allowing  the  legislature 
to  establish  offices  and  provide  for  their  election  or  appointment, 
See  the  titles  Public  Officers  and  Counties, 

Solicitor  for  each  judicial  circuit  or  other  territorial  subdivision 
prescribed  by  legislature  to  be  elected  by  qualified  electors  of 
counties  in  such  circuit  or  territorial  subdivision  in  which  he 
prosecutes  criminal  cases;  legislature  may  provide  by  law  for 
appointment  by  governor  or  election  by  qualified  electors  of  a 
county  of  a  solicitor  for  any  county.      (Ala.  VI  167.) 

By    qualified    electors    of    each    county,    subject    to    change    by    law. 

(Ariz.  XII  3.) 

By  qualified  electors  of  each  circuit.      (Ark.  VII  24.) 

Legislature   to    provide   for   election   or   appointment   in   the   several 

counties.      (Cal.   XI  5.) 

(barters  framed  by  counties  for  own  government  may  provide  for 
election  or  appointment.      (Cal.  XI  7%.) 

By  qualified  electors  of  each  judicial  district  at  general  election  in 
1904  and  every  four  years  thereafter,  but  legislature  may  provide 
that  after  1878  election  shall  be  on  different  date  from  election 
for  other  purposes.      (Colo.   VI   21,    15.) 

County  attorneys  elected   or   appointed   as   provided  by   law.      (Colo. 

XIV  8.) 

Prosecuting  attorneys  elected  (except  in  counties  having  criminal 
court)  by  qualified  electors  of  each  county  at  time  of  electing 
county  judge.      (Fla.  V    IS,  29.) 

Elected  for  each  judicial  circuit  by  electors  of  whole  state  qualified 
to  vote  for  members  of  legislature,  at  general  election  next  pre- 
ceding expiration  of  term.      (Ca.   VI   Sec.  XI   1.) 

By  qualified  electors  for  each  organized  county;  legislature  may 
reduce  or  increase  number.     (Ida.  V  18,  11.) 

At  election  for  members  of  legislature  in  1872  and  every  four  years 
thereafter;    one    for    each    county.      (111.    VI    22.) 

By  voters  in  each  judicial  circuit.     (Ind.  VII  11.) 

By  qualified  electors  of  each  county  at  general  election  in  lSSii 
and    biennially    thereafter.      (Iowa    V    13.) 


1102  State  Constitutions 


PROSECUTING  ATTORNEYS    (Confd) 
Election    [Confd] 

monwealth's  attorney  elected  in  each  circuit  court  district  in 
1897  and  everv  six  years  thereafter;  but  legislature  may  abolish 
office,  in  which  case  duties  discharged  by  county  attorneys.      (Ky. 

97,   108.) 
County  attorney  elected  in  each  county  in   1897  and  every  four  years 

thereafter.      (Ky.  99.) 
By   qualified   electors    in   each    judicial    district  at   same   time   as   dis- 
trict judges.      (La.  125    (1914).) 
District    attorney     or    parish   of  Orleans   elected    by   voters   of   parish 
for   four  year-,   salary,  fees,  qualifications  and   assistants  are  pre- 
scribed   in    constitution.      (La.     14S.) 
I'.\    the  roters  of  each   county  and  of  city  of   Baltimore  on  Tuesday 
after    first    Monday    in    November,    1867,    and    every    fourth    year 
thereafter.      Returns    to    judge    having    criminal     jurisdiction    who 
decide-,   on    elections    and    in    case   of    tie,    designates   which    person 
Ml   qualify  and   administers   oaths   of  office.      (Md.   V  7,   8.) 
Legislature    to    provide    for   by    people    of    several    districts.      (Mass. 

Amend.    19.) 

Biennially   in    each   organized   county.      (Mich:    VIII   3.) 

Unless    legislature   otherwise   provides,   state   to   be   divided   into   six 

judicial    districts,    each    o'    which    may.    at    first    election,    elect  one 

prosecuting   attorney.      (Minn.    Sched.    14,    15.) 

"Selected'"   for  each  circuit   court   district   in   manner  prescribed  by 

law.      (Miss.  VI  174.) 
At    general   election    in   each   county.      (Mont.   VIII    19.) 
Legislature    to    provide    for    election    by    people    and    may    increase, 

diminish,  consolidate  and  abolish.      ( Xev.  IV  32.) 
Mv    inhabitants   of   several    towns   in   the   several   counties   according 
to  method   and  laws  now  in  force,  but  legislature  may  alter  man- 
ner  of   certifying   votes   and    mode   of  election    but    not   to   deprive 
people   of   right  of   election.      (N.H.   II   70.) 
For    each    judicial    district,    and    legislature    may    provide    for    addi- 
tional   one,    in    any    district    and    to    designate    counties    for   which 
he   shall    serve.      i  X.M.   VI    24.) 
By  electors  of   respective  counties  every  three  years  and  in  case  of 
nic\  ;   but   in  counties  of  New  York  and  Kings  and  in  counties 
fcerminous  with  city,  every  two  or  four  years  as  legislature  shall 
direct.     Time  of  election  to  be  prescribed  by  law.      (N.Y.  X  1,  4.) 
judicial    district    by    qualified    voters    "as    prescribed    for 
members"    of    legislature.     (N.C.    IV    23.) 
Biennially    in   each   organized    county.      ( X.D.   X    173.) 

cient    number    elected    by    districts    comprised    of    one    or    more 

counties.      (Ore.  VII    17.) 

r  each  circuit  by  qualified  electors;   if  failure  to  attend  and  prose- 

cutei    '"inl    may    appoint    attorney    pro    tempore';    but    if    county 

-   established    legislature   may   provide   for   solicitors   for  each 

Lint}     in    place   of   circuit    solicitors.      (S.C.    V   29.) 


Index  Digest  1103 


PROSECUTING  ATTORNEYS    (Cont'd) 

Election   {Cont'd) 

Legislature  may  "provide  for  state's  attorneys"   elected   biennially 

in  each  organized   county.     (S.I).   V  24,   IX   5.) 
By    qualified    voters    of    circuit    Or    district    for    which    judge    having 

criminal  jurisdiction   is   provided   by   law.      (Tenn.    VI    5.) 
Legislature    to    provide    for,    in    such    district    as    deemed    necessary. 

(Tex.  V  21.) 
County  attorneys  elected  bj   qualified  voters  of  each  county  in  which 

no  resident  criminal  districi  attorney.  (Tex.  V  21.) 
County  attorneys  elected  by  qualified  voters  of  each  county  and  leg- 
islature may  provide  other  attorneys  for  state.  (Utah  VIII  10.) 
State's  attorneys  elected  biennially  on  first  Tuesday  after  first  Mon- 
day in  November,  by  freemen  of  respective  counties.  Returns  of 
election  made  to  member  of  lower  house  and  canvassed  by  joint 
committee  of   legislature.     If  tie,   legislature  to  elect  from   persons 

in  tie.  (Vt.  II  35,  45,  49.) 
Commonwealth's  attorney  elected  by  qualified  voters  of  each  county 
on  Tuesday  after  first  Monday  of  November ;  in  every  city,  so  long 
as  it  has  corporation  court  or  separate  circuit  court,  common- 
wealth's attorney  elected  by  qualified  voters  of  city;  to  be  also 
commonwealth's  attorney  for  circuit  court  in  cities  having  separate 
circuit  court.  (Va.  VII  110.  112,  119.) 
Legislature  to  provide  by  general   and   uniform   laws   for   election   in 

several  counties.      (Wash.  XI  5.) 
By    voters    of    each    county.      (W.Va.    IX    1.) 

By    electors   of    respective    counties   every   two   years.      (Wis.    VI   4.) 
Establishment   of   Offices 

Office  of  county  attorney  created   for  each  organized  county,  subject 

to   change   by   legislature.      ( Okla.   XVII   2.) 
To  be  county  officers.      (Pa.   XIV    1.) 
Fees 

Receipt   of.   See  ah->rr.   this   title,  Compensation. 
Accounts  of,  See  alove,  this  title,  Accounts. 
Fkl:e    Passes,   etc. 

During  term  of  office  not  to  accept,  hold  or  use  free  pass  nor  pur- 
cha^e.  receive  or  accept  transportation  over  railroad  within  state 
for  himself  or  family  on  terms  not  open  to  general  public,  and 
on  conviction  to  forfeit  office,  be  guilty  of  felony,  and  punished 
by  line  of  not  more  than  $1,000  or  by  imprisonment  in  peniten- 
tiary not  less  than  one  nor  more  than  five  years.  (N.M.  XX  14.) 
Impeachment 

Soe  also   Impeachment. 

For   high   crimes   and  misdemeanors  and  gross    misconduct    in   office. 

(Ark.  XV   1.) 
of    state   attorneys   for  crime   in   official   capacity   which    may    require 

disqualification.      (Tenn.   V   4.  i 
Oath  of  Office 

Filed   with    secretary   of   >tate.      (Colo.    XII   9.) 

Administered    by    judge    having    criminal    jurisdiction    in    county    or 

city.      (Md.  V  8.) 


STA3  I.    (   UAST1TUTI0NS 


PROSECUTING  ATTORNEYS   [Cont'd) 
Powers  a.nd  1  M  i  tES 

Prescribed  by  l;nv.  i  Ariz.  XII  4;  Gal.  XI  5;  Colo.  VI  21;  Fla.  V 
15,  18;  Ga'.  VI  Sec.  XI  1;  Ida.  V  18;  111.  VI  32;  Md.  V  9; 
Mich.  VIII  3;  Miss.  VI  174:  Mont.  VIII  19;  Nev.  IV  32;  N.M. 
VI  24;  S.D.  V  24;  Utah  VIII  10;  Wash.  XI  5;  W.Va.  IX  6.) 
Represenl  state  in  all  cases  in  superior  courts  of  circuit  and  in  all 
cases  taken  up  from  circuit  to  highest  court.  (Ga.  VI  Sec.  XI  2.) 
Prosecute  on  behalf  of  state  in  criminal  actions  in  superior  courts, 

and  advise  officers  of  justice  in  district.     (N.C.  IV  23.) 
haw  officers  of  state  and  of  counties  within  district;  perform  duties 
pertaining  to  administration   of   law  and  general   police,  as  legis- 
lature may  direct.      (Ore.   VII    17.) 
County  attorneys  to  represent  state  in  cases  in  district  and  inferior 
courts;    if   there   is   district   attorney,    respective   duties   regulated 

by  legislature.      (Tex.  V  21.) 
Qualifications  and  Disqualifications 
Admission  to  Bar 

Practicing  attorney.      (Ida.  V   18.) 

Admitted  to  practice  in  state.  (La.  125  (1914);  Md.  V  10.) 
Admitted  to  practice  in  highest  court.  (Mont.  VIII  19,  16.) 
Practiced  law  for  three  years  next  preceding  election.     (Ga.  VI 

Sec.  XIV   1.) 
Commonwealth's   attorneys   to   have   practiced   law   four   years; 
county   attorneys   two  years.      (Ky.    100.) 
Age 

Twenty-one  years.      (Mont.   VIII    19,    16.) 
Twenty-four   years    at   time    of   election.      (Ky.    100.) 
Twenty-five  years.      (Colo.  VI   21,   16.) 

Twenty-five   years    at    time    of    election.      (Ga.    VI    Sec.    XIV    1; 

Citizenship  S.D.V24,25.) 

Citizen  of  United  States.      (Ark.  VII  24;  Colo.  VI  21,  16;  Mont. 

VIII  19,  16;  S.D.  V  24,  25.) 
Citizen   of  state.      (Ky.    100.) 

Citizen    of   state   three   .wars.      (Ga.   VI   See.   XIV    1.) 
Dual  Office  Holding 

Ineligible   to   legislature.     (111.   IV  3;    Me.   IX  2;    S.D.   Ill  3.) 
monwealth's    attorney    ineligible   to    legislature   during    con- 
in  office  and  election   to  legislature  and  qualification 
to  vacate  his  office.      (Va.  IV  44.) 

to    office    of    justice    of    highest    court    or    of    inferior 
ts,   attorney-general,   treasurer,   adjutant-general,  judge   of 
s,  register  of  probate,  register  of  deeds,  sheriff  or  deputy, 
clerk  of  judicial   court,      (Me.   IX  2.) 

'ealth's    attorney    not    to    hold. at    same    time   office   of 

ity   treasurer,   sheriff,   county   clerk,   commissioner   of   rev- 

iperintendent   of   poor,   county   surveyor   or   supervisor. 

(Va.  VII  113.) 

uid    acceptance   Of   seat   in    Congress   vacates   office. 

'  Me.  IX  2;  Mass.  Amend.  VIII.) 


I  NDBX     I  >l«.l  >i  1  I*'.". 


PROSECUTING  ATTORNEYS   (Cont'd) 

Qualifications  and  Disqualifications    (Cont'd) 
Educational 

Learned  in   law.      (.Ala.   VI    L67;    Ark.    Vil    24  ;    Colo.    VI    21,    16; 

X..M.   VI   24;    S.D.  V  24,  25.) 
Electoral 

Elector  of  district    in  which   elected.      (Colo*   VI   21,    16;    [da.   V 

18;    \.D.    X    17 
Prescribed  by  Law.     (Ariz.  XII  4.) 
Re  Election 

Ineligible  for  more  than  four  years  in  succession.      (S.D.   IN   5. 
Residence 

Residence  during  term,  Set    below,  this  title,   Residence, 
Resident  of  district  for  which  elected.      (Ark.  VII   24;    Ida.   V 

18;  Iowa  V  13.) 
Actual   resident   in   district.      i  I. a.    12.")    (1914J.) 
At   time   of  election,   resident   in    county    in   circuit   in   which   he 
prosecutes  criminal    cases,   or  other   territorial    subdivision    for 

which  elected,.      i  Ala.   VI    167.) 

State's   attorney   residing    in    county   where  criminal   court    held, 

eligible    for   appointment    as   county    solicitor    fOr   such    county. 

(Fla.  V  31.) 
Residence  at  least  two  years   in   county   or  city   in    which   elected. 

(Md.   V   10.) 
Resident   in    state    one   year    preceding   election    and    resident   in 

circuit   at   time   of   election.      I  S.I).   V  24,   25.) 
Resident  in   state  one  year  preceding  election;   need   mot  be  resi- 
dent of  district   for  which  elected  at  time  of  election,      i  Mont. 

VIII   19,  16.) 
Resident -in    state    two   years    preceding  election   and    at    time   of 

election.      (Colo.   VI   21,   16.) 
Resident   in   state  two  years  and    in  county   and   district   one  year 

preceding  election.      (Ky.   100.) 
Resident  of  state  for   three  years   before  election    and    resident    in 

district  for  which   elected.      (N.M.    VI    24.) 
Resident  of  state   five  years  and   of  circuit   or   district    one  year. 

(Tenn.    VI    5.) 

Removal 

For  acceptance  of  free  passes,  etc.,  See  above,  this  title,  FBEE  PASSES, 

ETC. 
f;n  pea  chin  oil.    See   nhore.    tJiis    title,    !  Mi'EiACIIMENT. 
By  Governor 

Giving  copy  of  charges  and  hearing.     (X.Y.  X  1;  Wis.  VI  4.) 
For  failure  to  prosecute   violations  of  article  XIII  of  constitu- 
tion   (bribery,  free  passes,  etc.)-,  after  due  notice  and   hearing. 

(X.Y.  XIII    6.) 
By  Governor  on  Address  of  Legislature 

By  governor  on  joint  address  of  two-thirds  of  members  elected 
to  each  house  of  legislature,  for  good  "ause.     (Ark.  XV  3.) 


liu.;  S   ate  Constitutions 


PROSECUTING  ATTORNEYS   {Cont'd) 
:.»\  \i.   (Cont'd) 
By  Governor  on  Address  of  Legislature    (Cont'd) 

nidi  (in  joint  resolution  of  legislature  in  which  two- 
thirds  members  elected  to  each  house  concur,  for  "incompe- 
tency, corruption,  malfeasance,  or  delinquency  in  office,  or 
other   sufficient   cause"   stated   in   resolution.      (Ore.   VII   20.) 

By  Legislature 

By  joint  resolution  of  legislature,  in  which  three-fourths  of 
members  elected  to  each  house  concur,  for  incompetency,  cor- 
ruption, malfeasance,  or  delinquency  in  office  or  other  sufficient 
cause  stated  in   resolution;    served  with  copy  of  charges,  and 

hearing.      (Wash.  IV  9.) 

By  concurrent  vote  of  both  houses  of  legislature,  each  house 
voting  separately,  by  two-thirds  of  members  to  which  each 
house  is  entitled  must  concur.  Vote  by  yeas  and  nays  and 
names  of  members  voting  for  or  against,  together  with  causes 
of  removal  to  be  entered  on  journal  of  house.  Notice,  with 
copy  of  causes,  at  least  10  days  before  action  by  either  house. 

(Tenn.  VI  6.) 

For  incompetency,  wilful  neglect  of  duty  or  misdemeanor  in  office 
on  conviction  in  court  or  by  vote  of  two-thirds  of  senate  on 
recommendation   of   attorney-general.      (Md.   V   7.) 

By  Court 

By  highesi  court  under  regulations  prescribed  by  law,  for  wilful 
neglect  of  duty,  corruption  in  office,  incompetency,  intemper- 
ance in  use  of  liquors  or  narcotics,  or  offence  involving  moral 
turpitude  in  office,  or   for  any  cause  specified  in  constitution. 

(Ala.  VII  174.) 
On    information    in    name   of   state   by   highest   court   or   as   pre- 
scribed  by  law.  if  convicted  of  corruption  or  other  high  crime. 

(Ind.    VII    12.) 
"  high    crimes   and    misdemeanors,   for  nonfeasance   or   mal- 
feasance in  office,  for  incompetency,  for  corruption,  favoritism, 
tortion   or   oppression   in   office,   or   for  gross 'misconduct,  or 
habitual  drunkenness  ",  1>\   district  court  of  domicile;  detailed 
provisions    for   bringing   suit,   costs,   appeals,   etc.      (La.   222.) 
Of    county   attorneys   by    judges    of   district    courts    for    incom- 
petency,   official    misconduct,    habitual    drunkenness    or    other 
causes   defined    by    law,    on    written    charges    and   jury    trial. 

(Tex.  V  24.) 
On  Conviction 

removed    on    prosecution    and    final    conviction   for   misde- 
meanor  in  office.     ( 111.  VI  22,  30.) 

1"    indictment    or    prosecution    for    misfeasance   in    office 

wilful    neglect    of    duties    in    manner    prescribed    by    law; 

eviction   lo  vacate  office;   but  officer  to  have  right  to  appeal 

to   highest  court.      (Ky.  227.) 


[ndex   Digest  1107 


PROSECUTING  ATTORNEYS   {Cont'd) 
Removal   (Cont'd) 

On   Conviction    (Con I'd) 

For  incompetency,  wilful  neglect  of  duty  or  misdemeanor  in  office 
on  conviction  in  court  or  by  vote  of  two-thirds  of  senate  on 
recommendation    of   attorney-general.     (Md.    V    7.) 
For    receiving    fee    or    reward    other    than    allowed    by    law    "on 

conviction  thereof".      (Md.  V  9.) 
As  Prescribed  by  Law 

On    information   in   name   of   state   by   highest    court    or   as    pre 
scribed  by  law,  if  convicted  of  corruption  or  other  liit^li  crime. 

(Ind.  VII   12.) 

RESIDENCE 

As  qualification  for  office,  See  above,  this  title,  Qualifications  and 

DlSQU  1XIFICA1  IOTSB. 

In  circuit.      (S.C.   V  2!).) 

In   county   for  which   elected,      (ill.   \  I    32;    S.D.   V   37.) 
In  district  for  which  elected  or  appointed.      (Colo.  VI   29.) 
In    district   for   which    elected,   during   term    of   office.      (Mont.    VIII 

33,    10.    10.) 

During  term  of  office,  in  a  county   in   circuit    in   which   he  prosecutes 

criminal   cases,   or   other  territorial   subdivision   for   which   elected. 

(Ala.   VI    167.) 
Term  of  Office 

As  may  be  prescribed  by  law.      (Mass.   Amend.    19;   Wash.  XI  5.) 
Same;    charters    framed    by    counties    for    own    government    may    pro- 
vide.     (Cal.  XI  5,   7V2.) 
Two  years.      (Ariz.   XII   3;    Ark.    VII    24;    Ida.   V    IS;    Ind.   VII    11; 

Mont.  VIII    10;    S.D.   IX   5;    Tex.   V   21;   Utah  VIII   10.) 

Two  years  and  until  successor  qualified.      (Iowa  V   13;    \".I>.  X    173.  i 

Two  years    from    first   day   of    February   after   election.      (Vt.    II   48.) 

Four  years.      (Ala.    V!    167;    Fla.   V    15,    IS.   27;    Ga.    VI    Sec.   XI    1; 

La.*125    (19141;    Miss.   VI    174;    N.M.    VI    24;    S.C.    V   29;    W.Va. 

IX  1.) 
Four  years   and  until  successor  qualified.      (111.  VI   22,  32;    X.C.   IV 

23,  25.) 
Four   years   from    first    Monday   in   January   after   election   and   until 

successor  qualifies.      (Md.  V  7.) 
Four   years,   and    terms   in    several    districts   to   expire   on    same   day. 

(Colo.    VI    21,    15.1 
Four  years   from    first    Monday    in   January  after   election,   and   until 

successor   qualified,    in    case   of   county    attorneys.      (  Ky.    00.) 
Of    commonwealth's    attorney    four    years    from    January    first    a  iter 

election.      (Va.  VII   112,  119.) 
Five  years   for   prosecutors  of   the  pleas.      (N.J.  XII   See.    II   4.) 
Six    years    from    first     Monday    in    January    after    election    and    until 
successor   qualified,    in    case   of    commonwealth's   attorneys,    unless 

office  abolished.       (  Ky.  97.) 
Eight  years.     (Tenn.   VI    5.) 


1108  State  Constitutions 


PROSECUTING  ATTORNEYS   (Cont'd) 
\'.\>  i\   (  Mi  hi: 

ire  to  attend   and   prosecute,  court  may  appoint  attorney  pro 
:  eon.  VI  5 ;   Utah  VIII  10.) 
Filled   by  special  election,   unless  vacancy  occurs  nine  months  before 
general   election,    in   which   case  vacancy    tilled   by  appointment  by 

governor.      (Ark.  VII  50.) 

Filled    by    election1.      If    unexpired    term    does    not    exceed    one   year, 

filled  by  appointment  by  judge  of  court  in  district.      (€olo.  VI  29.) 

Killed   by  governor    until   January    first    after   general   election   next 

after  expiration  of  30  days  from  time  vacancy  occurs,  at  which 

tion  successor  elected  for  unexpired  term.      (Ga.  VI  Sec.  XI  1.) 

Fill  !  as  provided  by  law.      (Ida.  V  19.) 

Filled  by  election;   if  unexpired  term  less  than  year,  by  appointment 
by  board  of  supervisors  or   board   of  county  commissioners.      (111. 

VI  32.) 
Elections  to  till   to  be  for  unexpired  term  and  governor  to  fill  until 
election   which   shall   be   held   within    60   days    from    date    of   va- 
cancy,  but    if   unexpired    term   for    shorter    period    than    one   year, 
governor's     appointee     to     hold     for     unexpired    term.      (La.     125 

(1914).) 
Killed    for   remainder  of  term  by  judge  having  criminal   jurisdiction 

in  county  or  city.      (Md.  V  11.) 
Filled   by   board   of   county  commissioners   of  county  until   successor 
elected   and   qualiii    :.     Person  elected  to   fill   vacancy  to   hold  for 
remainder  of  unexpired  term.      (Mont.  VIII  34.) 
Killed  by  governor  until  next  general  election,  when  successor  elected 

to  hold  for  unexpired   term.      (X.M.   XX   4.) 
Filled   by  governor  unless  otherwise  provided  for  until  next  regular 
election   for   legislature  when  elections  to   be  held  to   fill.     If  per- 
son elected  fails  to  qualify,  office  to  be  filled  as  in  case  of  vacancy. 

(N.C.  IV  250 
Killed  at  biennial  election  of  civil  officers   occurring  more  than  30 

days    after    vacancy    occurs.      (Tenn.    VII    5.) 
(  ounty  attorneys  appointed  by  commissioners'  court  of  county,  until 

general  election.      (Tex.  V  21.) 
Filled  by  appointnieni  only  for  unexpired  portion  of  term  and  until 
successor  elected  and  qualified.      (Wis.  VI  4.) 

PROSECUTORS  OF  PLEAS,  See  Prosecuting  Attorneys. 
PUBLIC  CONTRACTS 

In   this  title  ar<  visions   relating  to  con-tracts  of  tlie  state; 

for  ts  by  local  authorities,   see  appropriate  titles:  for  special 

te  contracts,  See  beloiv,  this  title,  Special  Contracts. 
xatioh   A  i  by,  See  Tax  \;i<>\ -- Power  to  Tax. 

.  io\ 
t u ii-  Bhall   provide   for  compensation  by  law.      (Tex.  Ill  44.) 

'ompensation    not   to    be    increased    bj    genera]    assembly    above    the 
nount   specified   in  the  contract.      (Conn.   Amend.  XXIV.  i 


I  \i)i:\    I  >IGEST  I  109 


PUBLIC  CONTRACTS    (Cont'd) 
Extra  Compensation    (Cont'd) 

Legislature  not   to  grant    to  any   public  contractor.      (N.Y.    Ill   28.) 

Not  to  be  made  to  any  public  contractor  after  contract  entered  into. 

i  low;,    IN    31;    Ohio   [I   29.) 

Legislature  never  to  grant  to  any  public  contractor  after  contract 
entered  into.  (Ariz.  IV  2,  17;  Colo.  V  28;  Mont.  V  29;  Nebr. 
Ill    16;    Pa.   Ill    11-.   s.D.   XII   3;   Tex.   Ill    14;    WaBh.   II   25;   Wis. 

IV  26;    W'vo.    in   30.) 

Legislature  not  to  grant  or  authorize  to  public  contractor  after  con- 
tract entered  into.      (Ga.   VII    Sec.   XV]    2;    Mich.  .X  \  I 

Not  to  be  granted   or   allowed    to   any   public  contractor   after   1 

tract  entered    into.      (Aid.    Ill    35;    W'.Ya.    VI    38  I 

Not  to  he  made  to  contractor  alter  the  contra*!   made,  unless  all 
by  bill  passed  by  two-thirds  of  the  members  elected  to  each  branch 
of   the   legislature.      1  Ark.    V   -11:    Fla.    XVI    11.) 

Legislature  not  to  grant  any  extra  compensation,  fee  or  allowance 
to  any    public  contractor.      (  I. a.   47.) 

Legislature  not  to  grant  extra  compensation,  fee  or  allowance  :]  fcer 
contract  made.      (Ala.  IV  68;   111.  IV   19;  Miss.  [V  96;  S.€.  Ill  30.) 

Legislature  not  to  grant  any  extra  compensation  or  allowance  to  a 
public  contractor  after  contract  has  been  entered  into  and  per- 
formed in  whole  or  in  part.      (Cal.   I V   32.) 

Legislature  not  to  grant  extra  compensation,  fee  or  allowance  to 
any  public  contractor  after  contract  entered  into  and  performed  in 
whole  or  in  part.      (Mo.  IV  48;   Utah  VI  30.) 

Legislature  not  to  pass  local,  private  or  special  law  granting  extra 
compensation  to  any  public  contractor.      (Va.   IV  63.) 

Interest  of  Public  Officers 

In  school  supplies,  See  Kin  catihx  —  School  Ti  xt  Hooks  and  Sup- 
plies. 
Member  of  legislature  not  to  be  interested   directly  or   indirectly  in 
any  contract  with   the   state  authorized   by  any   law  passed   during 
the   term   for   which    he   shall    have   been    elected.      (N.M.    IV    28; 

Tex.  Ill  18:   W.Va.  VI  15.) 

No  member  of  the  legislature  to  be  interested   directly  or  indirectly 

in    any   contract    with    the    state    authorized    during    the    term    for 

which   he  shall   have   been   elected   or  one  year   thereafter.       (111.    1 V 

15;  Mich:  V  7:   S.D.  Ill  12.) 
Same;    two   years    thereafter.      (Okla.    V    23.) 

No  member  of  the  legislature  Or  any  staie  office*  to  be  interested 
directly  or  indirectly  in  any  contract  with  the  state  authorized 
by  any   law   passed   during    the   term    for   which  elected  or  one  year 

thereafter.  I  Mebr.  Ill  13.) 
No'  public  officer  or  member  of  legislature  to  be  interested  directly 
or  indirectly  in  any  contract  with  the  state,  authorized  by  anj 
law  passed  or  order  made  by  any  board  of  which  he  may  be  or 
may  have  been  a  member  during  the  term  for  which  he  was  chosen 
or  within  one  year  thereafter.      (Miss.  IV  109.) 


1 1 10  State  Constitutions 


PUBLIC  CONTRACTS    (Cont'd) 

Interest  oi    Public  Officers    {Cont'd) 

No   person   while   concerned   in   any   army   or   navy   contract,   to  be  a 

senator    or    representative.      I  Del.    If    14.  i 
So   person   interested   in  eon  trad    with  or   unadjusted  claim  against 
,.,..  to  be  eligible  to  legislature.     (Nebr.  Ill  6.) 
Unauthorized  b\  Lam 

For  payment  of  claims  in  general,  and  so  of  claims  under  contracts, 

Set    State   Finances  —  Claims  Against  State. 
\„  ,, nicer  to  bind   state  to  payment  of  money  "but  l>y  authority  of 

law".     (Ala.  TV  68.) 
Payment   of  claims  under  not  to  be  authorized.      (111.   IV   19;    Miss. 

IV  90;    S.D.   XII  3.) 
Legislature  not  to  pay  or  authorize  payment  of  claims  under.      (Cal. 

IV   32;    La.   47;    Mo.   IV   48;    Utah   VI   30;    W.Va.   VI   38.) 
Legislature   not   to   authorize    payment   or    part   payment   of   claims 

under.      <S.C.   111   30.) 
To  be  null  and  void.      (Cal.  IV  32;   111.  IV   19;   La.  47;   Mo.  IV  48; 
S.D.    XII   3;    W.Va.    VI    38.) 
Si'l'.c  iai.   (  ONTBACTS 

Subject  of 

All   stationery  required  for  use  of  state.      (Ore.  IX  8.) 
All  public  printing.      (Ga.  VII  Sec.  XVII  1;  S.'G.  XVII  5.) 
All   public  printing  and  binding.      (Ky.  247.) 
All   stationery  required  for  use  of  state,  all  printing  authorized 
or   required  by  legislature  and  for  the  state.      (Wis.   IV  25.) 
Fuel,    stationery,    blanks,    printing    and    binding    for    use   of    the 

state.     |  Mich.  V  25.) 

Fuel,    stationery    and   printing   paper    furnished    for    use    of   the 

state,  copying,  printing,  binding  and  distributing  and  all  other 

printing    ordered    by    the    legislature.       (111.    IV    25;     W.Va. 

VI  34.) 
All  stationery  and  printing,  except  proclamations  and  such  print- 
ing as  may  be  done  at  the  deaf-and-dumb  asylum,  paper  and 
fuel  used  in  legislative  and  other  departments  of  the  govern- 
ment, except  the  judicial  department;  the  printing  and  binding 
of  laws,  journals  and  department  reports,  and  all  other  print- 
ing and  binding,  furnishing  and  repairing  rooms  and  halls 
used  tor  meetings  of  the  legislature  and  its  committees.      (Tex. 

XVI  21.) 
Stationery,  printing,  paper,  fuel  for  use  of  legislative  and  other 
departments  of  government,  printing,  binding  and  distributing 
of  laws,  journals,  department  reports,  and  all  other  printing 
and  binding,  furnishing  and  repairing  rooms  and  halls  used 
for  meetings  of  the  legislature  and  its  committees.  (Ala. 
IV  ti!i:.   Ark.   MX    15;   Cob,.  V  29;    Del.   XV  S;  La.  44;   Miss. 

IV   107;    Pa.   Ill    12.) 
"  after  ■'  fuel  ".     (Mont.  V  30;  Wyo.  TJI  31.) 
Work   ami   materials  on  canals.      (N.Y.   VII   9.) 


I  M»i:\    1  >n.i -.m  11  1  1 


PUBLIC  CONTRACTS    (Confd) 
Special  Contracts   (Cont'd) 
Approval 

By  g<ys  ernor.      (  Ky.  247.) 

By  governor  subject   to  be  relet,  in  case  of  disapproval)  as  may 

be  prescribed  by  law.     (111.  IV  25;   VV.Va.  VI  34.) 
By  governor  and   state  treasurer.      (Colo.   V   29;    MNs.    IV    ]<i7; 

.Mont.  \    30;   W\n.   Ill  81.) 
By  governor,  auditor  and  treasurer.      (Ala.  IV  69;  Ark.  XIX  15; 

Pa.  Ill  12.) 
By  governor,  secretary  of  state  and  comptroller.  (Tex.  XVI  21.) 
By  governor,   president   of  the  senate,   speaker  of  the   house,  or 

anj    two  of  them.      (  La.  44.) 
Award  of 

In  such  manner  as  may  be  prescribed  by  law.      (S.C  XV11   5.) 
To    lowest    bidder    giving    adequate    security.       (lia.    VII    See. 

XVII    1;    Mich.    V    25;    X.V.    VII    9.) 
To   lowest   responsible   bidder    under    regulations   prescribed    by 

law.      (Ore.  IX  8.) 
To  lowest  bidder  bixt   legislature  may  establish  a  maximum  price. 

(Wis.    Ill    25.) 
To    lowest    responsible    bidder    under    maximum    price    fixed    by 

legislature.      (III.    IV    25;    W,Va.    VI    34.) 
To   lowest   responsible   bidder    below    maximum    price    and    under 
regulations  prescribed  by  law.      (Ala.   IV  ti!) ;   Ark.   XIX    15; 
Colo.  V  29:    Del.  XV   8;    Ky.  247:    La.    44;    Miss.   IV    107;    Pa. 

Ill    12:  Tex.  XVI  21.) 
Bids  shall  be  opened   in  the  presence  of  persons  making  bids  or 
their   representatives.      (Del.   XV    8.) 
Interest  of  Public  Officers 

No  member  of  legislature  or  other  public  officer  to  be  interested 

directly  or  indirectly  in.      (Ga.  XII  Sec.  XVII    1.) 
No   member   or  officer  of  any   department   of  government  to  be 
in  any   way  interested   in.      (Ala.    I V  69;    Ark.    MX    L5;    Colo. 
V  29;    La.    44:    .Miss.    IV    107:    Mont,    V    30;    Pa.    HI    12;    Tex. 

XVI  21;   Wyo.  Ill   31.) 

No  member  of  legislature  or  officer  of  state  to  be  inter. steel  in 

any  way  in.      (111.  IV  25;   Ky.  247:   Ore.   1X8;   W.Va.  VI  34; 

Wis.    Ill    25.) 

No  member   of   legislature   or   officer  of   state   to   be    in   any   way 

interested  in  when  awarded  to  or  by  any  such  member,  officer 

or  department,      i  Del.  XV  8.) 
Examination  of 

Legislature  shall  create  a  joint  standing  committee  to  examine 
and  report  on  all  contracts  made  for  printing,  stationery  and 
purchase   for  the  public  offices  and   library.      (M.l.    Ill   24.) 

Extra  Compensation 

Not  to  be  made,  but  if,  from  unforeseen  cause,  contract  unjust 
and  oppressive,  canal   board   may  came!    it.   on   application   of 

contractor.      I  N.V.   V  1 1   9.) 


U22  St  \ te  Constitutions 


PUBLIC  CORPORATIONS,  See  Municipalities. 

PUBLIC  DEBT 

Debt. 

■'  Boboxjghs  ",  "Cities",  "Counties'*,  '-Districts",  "  Municipali- 

"  Towns",   "Townships",   "Villages",   and  "Education  — 

School  Districts  ". 
PUBLIC  FINANCES 

-     mi:   FlNAN( 

Boboughs",  "Cities",  "Counties",  "Districts",  "  Municipali- 

' Towns",  "Townships",  "Villages",  and  "Education". 

PUBLIC  GROUNDS 

Not  of  state,  local  or  special  law  prohibited.     (Cal.  IV  25;  Ida.  Ill  19; 
Ky.  59;  Mo.  JV  53;  Qkla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56.) 

PUBLIC  HEALTH 

ilation  of  physicians,  Nee  Physicians. 
State  Board  of  Health,  legislature  to  provide  by  law  for  maintenance  and 

efficiency  of.      (Cal.  XX   14.) 
State  Board  of  Health  and  Bureau  of  Vital  Statistics  in  connection  there- 
with to  be  established  by  law  with  powers  prescribed  by  law.      (Wash. 

XX  1.) 
Legislature  may   provide  for  establishment  of  board  of  health  and  vital 

statistics.     (Tex.  XVI  32.) 

State  board  to  be  provided  by  legislature  and  also  local  boards  to  be  under 

supervision  of  state  hoard;   powers  and  duties  to  be  prescribed  by  law. 

(Del.  XII.) 

-lature    shall    create   hoard   of    health,   board    of    dentistry,    board    of 

pharmacy   and   pure  food  commission,    and    prescribe    duties  of  each. 

(Okla.  V  39.) 

slature  to  create  for  state  and  for    each    parish    and  municipality, 

hoard-  of  health  and   prescribe  powers  and  duties.     State  board  to  be 

composed   of  representative   physicians  from   various   sections  of   state. 

(La.  296.) 
re  to  establish   state  hoard  of  health  and  also  county  boards  of 
th    in    counties   where    necessary;      The    state   board   to  have   super- 
on  of  matters  relating  to  public  health  with  powers  and  duties  pre- 
scribed  by   law.     County   hoards  to    have    such    powers ,  and  be  under 
ipervision  of  state  hoard  to  such  extent  as  legislature  may  prescribe. 

(Fla  XV.) 
Lslature  to  create  hoards  of  health  wherever  necessary  giving  them 
ad   authority  to  make  such   regulations  as  shall  protect  health 
of  community  and  abate  nuisances.      (S.C.  VIII   10.) 

aacl    laws  to   regulate   practice  of  medicine  and   surgery 
and  sale  of  drugs  and  medicines.      (Wash.  XX  2.) 

urc  to  provide  for  interest  of  slate  medicine;   for  protecting  peo- 
of    injurious   or   adulterated    drugs,   foods   and   drinks, 
adulterations  of  general  necessaries  of  life.      (La.  297.) 

'   and  promote  health  and  morality  of  people  by  such 
for   encouragement  of  temperance  and    virtue,   and   such   re- 
upon  doe  and  immorality  as  deemed  necessary  to  public  wel- 
fare.    (Wyo.  VII  20.) 


Index  J)i<;i:st  1113 


PUBLIC  LANDS 

Under  this  title  are  digested  provisions  relating  especially  to  public  lands; 

for  provisions  relating   t<>  public  property  generally  arid  so  to  public 

lands,  See  Public  Pbopebty;  for  provisions  relating  to  lands  owned  by 

or  subject   to   disposal  of   the   United  States,   See   UNITED    States  — 

Property. 

Hoard  of  Commissioners 

Under  this  heading  are  digested  those  j)rovisions  which  specifically 

refer  to  these  officers.     For  provisions  relating  to  all  officers  and 

h  ence  to  them,  See  title  "  Public  Officers  ". 

Bond 

To  give  such  security  for  faithful  performance  of  duties,  as  may 

be  required  by  law.     (Wis.  X  8.) 
Compensation 

Three  thousand  dollars  a  year  until  otherwise  provided  by  law 
to  be  paid  out  of  income  of  board.      (Colo.  IX  9.) 
Jurisdiction 

All  public  lands.     (Colo.  IX  9;  Ida.  IX  7 ;  Wyo.  XVIII  3.) 
Limited  to  lands  for  educational  purposes.     (Mont.  XI  4;  Nebr. 
VIII  1;  X.D.  IX  156;  Ore.  VIII  5;  Wis.  X  7;  Wyo.  VII  13.) 
Members  and  Qualifications 

Three  persons   appointed  by  governor  with  advice  and  consent 
of  senate,  one  to  be  an  engineer  of  five  years'  practice.    (Colo. 

IX  9.) 
Governor,  superintendent  of  public  instruction,  secretary  of  state. 

(Wyo.  Will  3.) 
Governor,  secretary  of  state,  state  treasurer,  superintendent  of 

public  instruction.      (Wyo.  VII   13.) 

Governor,  superintendent  of  public  instruction,  secretary  of  state, 

attorney-general,   state  auditor.      (Ida.  IX   7;    X.D.    IX   156.) 

Governor,  superintendent  of  public  instruction,  secretary  of  state. 

attorney-general.      (Mont.  XI  4.) 
Governor,  secretary  of  state,  treasurer,  attorney  general,  super- 
intendent of  public  lands  and  buildings.     (Nebr.  VIII  1.) 
Secretary    of    state,   treasurer,    attorney-general.       (Wis.    X    7.) 
Governor,   secretary  of   state,   state   treasurer.      (Ore.    VITI   5.) 
Powers  and  Duties 

Prescribed  by  law.      (Ore.  VIII  5.) 
Term  of  office 

Six  years.      (Colo.  IX  9.) 
Commissioners  of  Land  Office 
Jurisdiction 

All  public  lands.      (X.Y.  V  5;  Okla.  VI  32.) 
Members 

Lieutenant-governor,    speaker    of    assembly,    secretary    of    state, 
comptroller,  treasurer,  attoine\ -general,  state  engineer.     (N.Y. 

V  5.) 

Governor,   secretary   of   slate,    state   auditor,   superintendent   of 

public  instruction,  president  of  board  of  agriculture.      (Okla. 

VI  32.) 
Powers  and  Duties 

As  prescribed  by  law.     (N.Y.  V  6.) 


j  1 14  State  Constitutions 


PUBLIC   LANDS    [Cont'd) 

NKR 

Under  this  heading  are  digested  those  provisions  which  specifically 
refer  to  this  officer.  For  provisions  relating  to  all  officers  and 
hence  to  this  one,  See  title  "Public  Officers". 

Title 

Commissioner  of  public  lands.      (Ark.  VI  1;  N.M.  V  1;  Wash. 

Ill  1.) 
Commissioner  of  land  office.     (Md.  VII  4.) 
Commissioner  of  state  land  oilice.      (Mich.   VI   1.) 
Commissioner  of  general  land  office.     (Tex.  IV  1.) 
Commissioner  of  school  and  public  lands.     (S.D.  IV  12.) 
Register  of  land  office.      (Ky.  91.) 

Superintendent  of  public  lands  and  buildings.     (Xebr.  V  1.) 
Abolition  of  Office 

Legislature  may  abolish  office  of  register  of  land  office  and  pro- 
vide for  custody  of  papers  and  records.      (Ky.  94.) 
Office   may   be   abolished   by   legislature.      (Mich.    VI    1;    Wash. 

HI  25.) 
Oilice  of  commissioner  to  be  continued,   but  legislature   at  next 
session  may  abolish  or  continue  same  in  such  manner  as  pre- 
scribed by  law.     (Ark.  Sched.  24.) 
Accounts 

Semi-annual  account  of  fees  to  be  made  to  comptroller.      (Md, 

VII  4.) 
Compensation 

As  provided  by  law.     (Wash.  Ill  13.) 
Paid  by  salary  and  not  otherwise.      (Ky.   90.) 
Fifteen  hundred  dollars  a  year.      (Md.  VII  4.) 
Eighteen    hundred    dollars;    increase   by   legislature    prohibited. 

(S.D.  XXI  2.) 
Twenty-five  hundred  dollars.      (Xebr.  V  24.) 
Twenty-five  hundred  dollars  which  cannot  be  increased  by  legis- 
lature.    (Mich.  VI  21.) 
Twenty- five  hundred  dollars  and  no  more.      (Tex.  IV  23.) 
Three  thousand  dollars  which  may  be  increased  or  decreased  by 
law   after    10   years   from   date  of   admission   as   a   state;    no 
other   to  be   allowed.      (X.M.   V   12.) 
To  be  fixed  by  law.  but  not  over  $2,500  and  not  to  be  increased 
or  diminished  during  term  of  office.      (Ark.  XIX   11.) 
Election  or  Appointment 

l  nder  this  subhead  are  digested  those  provisions  which  specifi- 
cally refer  to  this  officer;  for  provisions  relating  to  elections 
a,    general,   Bee    title  "Elections";   for  provisions  allowing 
legislature   to  establish   offices  and  provide  for  their  election 
or  appointmrni.  See  title  "  Public  Officers". 
Appoint,, i   by  governor  with  consent  of  senate.      (Md.  VII   4.) 
Elected  by  qualified  electors  at  time  and  place  of  choosing  mem- 
bers of  legislature.      (S.D.   IV  12;  Tex.   IV  2;   Wash.  Ill  1.) 
Elected  by  qualified  voters  at   time  of  choosing  governor.      (Ky. 

9E) 


I.ndkx  Digest  111.1 


PUBLIC   LANDS    [Cont'd) 
Commissioner    (Cont'd) 

Election  or  Appointment   [Cont'd) 

Elected  at  cadi  general  biennial  election.     (Mich.  VI    I.) 
Returns  of  election  same  as  governor.     (Ark.  VI  3;   Nebr.  V  1; 
N.M.  V  2;   Tex.   IV  3;   Wash.  Ill  4.) 
Establishment  of  Office 

Legislature  may  provide  for  by  law.     (Ark.  VI   L.) 
Fees  and  Perquisites 

Not   to  be   received.      (Mich.  VI   21;   X..M.  V   12;   S.D.   XXI    2.) 
All  collected ,  paid  into  treasury.      (Ky.  93.) 
Payable  by   law,   to   be  paid    in   advance   into   treasury.      (Ark. 

XIX   11;   Nebr.   V  24.) 
Paid  when  received,  into  treasury.      (Tex.   IV  23.) 
To    be    charged    as    fixed    by    law.    and    paid    semi-annually    into 

treasury.       (  .Mil.    \  I  I    4. ) 

Impeachment,  See  Impeachment. 
Powers  and  Duties 

Prescribed  by  law.      (Ky.  01.  03;  Md.  VII  5;   Midi.  \  I  20;  S.D. 
IV  13;   Tex.  IV  23;  Wash.  TTT  23.) 
Qualifications 

Thirty   years   old,    citizen    of    United    States,    and    resident    con- 
tinuously   in    state    for    live   years   preceding   election.       (N.M. 

V  3.) 
After    serving    two    consecutive    terms,    ineligible    to    bold    state 

office  for  two  years  thereafter.      (X.M.  V   1    (1014).) 
Ineligible    to    re-election    for    four   years    after    term    for    which 

elected.      (Ky.  93.) 
Thirty  years  at  time  of  election  and  resident  citizen  of  state  at 

least    two   years  before  election.      (Ky.  01.) 
Ineligible  to  other  state  office  during  period   for  which   elected. 

(Nebr.   V   2.) 
Residence  and  Office 

At   capital  of  state.      (X.M.  V  1:   S.D.   IV   12:   Tex.   IV  23;   Wash. 

Ill   24.) 
Succession  to  Governorship,  See  Governor. 
Term  of  Office 

Two  years.      (Midi.   VI    1;    X.M.   V    1:    S.D.   IV    12.) 
Two  years   and   until    successor  qualified.      (Xebr.   V    1;    Tex.    IV 

23. ) 
Four  years  and  until  successor  qualified.     I  Ky.  01  ;  Wash.  Ill  1.) 
Same  as  that  of  appointing  governor  and  until  successor  quali- 
fies.     (Md.  VII  4.) 
Vacancy  in  Office 

Filled  by  governor   until   successor  elected    and   qualified   as    pro- 
vided by  law.      (Xebr.  V  11.) 
Adverse  Claimants 

Prohibition  of  donation  of  no!  to  interfere  with  discretion  of  legis- 
lature in  confirming  title  to  lands  claimed  for  state  but  used  or 
possessed  by  others  under  adverse  claim.      (S.V.  Ill  31.) 


1 1 1 G  State  Constitutions 


PUBLIC  LANDS    [Cont'd) 

\rruAis.\i. 

such  manner  as  may  be  provided  by  law.     (Mont.  XVII  1;  Wash. 

XVI  1.) 
By  board  of  commissioners.     (Wyo.  XVIII  1.) 

Value  of  lands  granted  fur  education,  exclusive  of  improvements,  to 
o  appraised  before  sale  by  board  of  appraisers,  to  be  provided  by 

law.  (Wash.  XVI  2.) 
Board  of  appraisal  consisting  of  commissioner  of  school  and  public 
lands,  state  auditor  and  "county  superintendent  of  schools,  of 
counties  severally",  to  appraise  lands  granted  for  educational  and 
charitable  purposes,  designated  by  them  for  sale,  at  actual  value; 
to  first  designate  most  valuable  lands.  (S.D.  VIII  4.) 
Of  lands  held  for  educational  and  charitable  purposes  under  control 
of  board  of  commissioners,  by  county  board  of  appraisal  to  con- 
sist of  county  superintendent  of  schools,  chairman  of  county 
board  and  county  auditor,  to  appraise  lands  recommended  by  them 
for  sale,  at   actual  value,  to  first  designate  most  valuable  lands. 

(X.D.  IX  156,  157,  160.) 
All   lands,  leaseholds,   timber  and  other  products   of  the  soil  to  be 

appraised  at  their  true  value.      (Ariz.  XI  4.) 
Lands  held  for  educational  or  charitable  purposes  not   sold  within 
two  years  after  appraisal,  to  be  reappraised  before  sale.     (X.D.  IX 

158,  160;  S.D.  VIII  5.) 
School  lands  subject  to  revaluation  every  five  years.     (Kan.  VI  5.) 
Abid  Lands 

Future  grant  by  congress  on  condition   of  reclamation    and   sale   to 
actual  settlers,  may  be  accepted  by  legislature  if  conditions  prac- 
ticable and  reasonable.     (Wyo.  XVIII  1.) 
Beds  and  Shores  of  Waters,  See  Waters  —  Beds  and  Shores  of. 

'    IASSIFICATION    OF 

By   board  of  land  commissioners   into  grazing  lands,   timber  lands, 

agricultural  lands,  lands  within  limits  of  a  city  or  town  or  three 

niles  therefrom;   reclassification  whenever  necessary  by  reason  of 

increased  facilities  for  irrigation  or  otherwise.      (Mont.  XVII  2.) 

made  by  commissioner,  under   provision   of   act   of   Congress 

relating  thereto  and  the  law.     (N.M.  XIII  2.) 

appraisal  to  ascertain  lands  of  special  and  peculiar  value 
i   agricultural,   and   cause  proper   subdivision   to   obtain 

largest  price.      (S.D.  VIII  4.) 

Dl  ON 

provisions  relating   exclusively   to   sales,   See   below   this    title, 

Sales. 
i   relating  exclusively   to  leases,  See  oelow,   this  title, 

Leases. 
to    provide    for    disposition    of    university    land    grant. 

(Iowa  IX  Pt.  II  5.) 
ture   f"    provide    for    sale;   disposal    or    leasing   of    all    lands 
l"'"'1   '"  statei     (Wyo.  .Will  4.) 


Indkx    I  >k;i-.m  1  I  I  7 


PUBLIC   LANDS    (Cont'd) 
Disposition    (Cont'd) 

Legislature  may  provide  pj  law  for  sale  or  disposal  of  Lands  granted 

by  United  States  for  other  than  educational  or  charitable  purp 
free  from  limitations  on  Bale  oi  educational  Lands.     (NJD.  l.\  164.) 

Neither  lands  nor  any  estate  or  interest  therein  to  be  disposed  of 
except  in  pursuance  of  general  laws  providing  therefbr.     (.Mont. 

\  \  1 1   i 

Disposal,  sale,  rental  of  school  lands  to  be  duty  of  hoard  of  com- 
missioners.    (Nebr.  VIII  1;  X.J).  IX  150;   Wis.  X  7.) 

Sale  or  other  disposition  of  land  granted  by  Oongrese  to  be  duty  of 
hoard  of  commissioners,  under  regulations  prescribed  h\  Law  and 
sd  as  to  secure  maximum  possible  amount  therefor.     (Colo.  IX  10.) 

Board  of  land  commissioners,  under  direction  of  legislature,  to  Lease 
and  dispose  of  lands  granted  for  school  purposes.     i\V\<>.  VII   13.) 

Disposal,  sale,  rental  to  be  duty  of  hoard  of  commissioners  under 
rules  and  regulations  prescribed  by  Legislature,     inula.  \  I  . 

To  he  duty  of  hoard  of  commissioners  under  regulations  prescribed  by 
law.      (Colo.  IX  9;  Ida.  IX  7;  Wyo.  X\  III   :;. | 

To  be  duty  of  commissioner,  under  provisions  of  act  of  Congress  and 
of  regulations  provided  by  law.      (X..M.   XIII  2.) 

Lands  granted  by  Congress,  where  manner  of  disposal  and  minimum 
price  prescribed,  to  be  only  so  disposed  of,  except   by   consent    of 
United  States.     (Mont.  XVII  1;  Wash.  XVI  1.) 
Fishery 

People  to  have  right  to  fish  upon  and  from  public  Lands  and  in 
waters  of  the  state,  except  lands  set  aside  for  fish  hatcheries;  no 
public  land  to  be  sold  or  transferred  without  reserving  right  in 
people  to  fish  thereon;  no  law  to  he  passed  making  it  a  crime  to 
enter   public   lands   to   fish    in    water    planted   with   lish    by    state. 

(Cal.  I  25.) 
Foreign  Territory 

Legislature,  with  approval  of  governor,  authorized  to  pay  for,  if  pur- 
chased by  state,  by  appropriation  or  by  issuing  state  bonds.     (Ala. 

IV  90.) 
Forests,  See  Forests. 
Crant 

For  grant  of  right  of  wag,  See  below,  this  title,  Right  of  Way. 

Xo  donation  of  land  to  be  made  by  state  to  or  for  the  use  of  any 
society,  association  or  corporation.      (X..T.  I  20.) 

Lands  under  control  of  the  state  never  to  be  donated  to  railroad  com- 
panies, private  corporations  or  individuals.      (Nebr.   Ill 

Land  belonging  to  or  under  control  of  state  not  to  be  donated  to 
individuals,  private  corporations  or  railroad  corporations'.      (Miss. 

IV   95.) 

Lands  belonging  to  or  under  control  of  stati  no!  to  be  donated 
directly  or  indirectly  to  private  corporations*  individuals,  associa- 
tions or  railroad  companies.     (Ala.  IV  99;  S.C.  Ill  3d.) 

Donation  of  lands  owned  by  or  under  the  control  Of  -tale  to  any 
person  or  corporation  by  special,  private  or  local  law.  prohibited. 

(Ala.  IV  104.) 


l  ls  State  (  Sonstiti  tions 


PUBLIC   LANDS    [Cont'd) 
(.i:\ni    [Cont'd) 

Land  controlled  by  state  not  to  be  granted  to  persons  or  corporations 

by  Especial,  local  or  private  laws.      (Miss.  IV  90.) 
Legislature  may  grant   to  railroad,  but  only  by  general   law;   grant 
to  be  forfeit    if  not   alienated  under  given  conditions;    detail  con- 
ditions  of  grant.      (Tex.   XIV   3,  5.) 
islature  shall  provide  for  donation  of  to  actual  settlers,  but  not 
,    160  acres  to  any  one  person.      (Fla.  XVI  5.) 
Donations  to  every  head  of  a  family  without  a  homestead,  of   100 
acres,   to  -single  men   of  eighteen   and   upwards   80   acres,  on  con- 
dition that  he  select  and  locate  it,  occupy  it  three  years  and  pay 

office  fees.     (Tex.  XIV  6.) 
Lands  belonging  to  state,  suitable  for  cultivation,  to  be  granted  only 
to  actual  settlers,  not  exceeding  320  acres  to  each  settler,  under 
conditions  prescribed  by  law.     (Cal.  XVII  3.) 
Grants  hy   Fokmer  Sovereign 

If  made  by  king  of  Great  Britain  since  October   14,   1775,  null  and 

void,  if  made  previously  constitution  not  to  affect.  •  (N.Y.  I   17.) 

Detailed  provisions  in  regard  to  Spanish  and  Mexican  land  grants. 

(Tex.  XIII,  XIV  2.) 
Improvement 

Legislature  to   provide  for  improvement   of  university  land  grants. 

(Iowa  IX   Pt.   II   5.) 
Irrigation  Project 

Land  "needed  for  irrigation  works  on  United  States  project",  to  be 
relinquished   to   United   States   and   other   lands   selected.      (Ariz. 

X  5.) 
Land  Forfeit  to  State 

Legislature  not  to  pass  any  local  or  special  law  releasing  title  to, 

but  shall  provide  by  general  law  therefor.      (W.Va.  VI  30.) 
Provision   for   redemption   of  land  forfeited,  escheated  or  purchased 
at    tax   sales  and   irredeemable  by  person  in  actual  possession  and 
who  has  paid  state  taxes  on,  for  live  years.      (W.Va.  XIII  3.) 
May  be  converted  by  law  into  forest  reserves.      (Ohio  II  36.) 
Land  Grant  Funds 

fifei  also  below,  this  title,  Trusts  in. 
Funds  for  solely  educational  purposes 
See  Education  —  Funks. 

See   K"1  <  mo\   -State  University  —  Funds. 
imissioners  of  land  office  to  have  sale,  disposal,  management   of 
funds  derived  from  public  lands  under  rules  and  regulations  pre- 
bed  l>>  legislature.     (Okla.  VI  32.) 
Funds    for   each    object    in   enabling    act   to   be   kept   separate    and 
devoted  each  to  its  specific  object.     Money  to  be  kept  invested  in 
He.  interest-bearing  securities"  approved  by  governor  and  secre- 
bj   treasurer  who  shall  be  under  bond.      (Ariz.  X  7.) 
ire   to   provide  for   suitable  keeping,  transfer   and   disburse- 
t  of;  and  require  officers  in  charge  of  to  give  ample  bonds  for 
all  "moneys  and  funds".     (Wyo.  XVIII  4.) 


ljSKKX      I  Mi.l.M  111!) 


PUBLIC  LANDS    (Cont'd) 
Land  Office 

One  general  land  office  at  capitol,  subordinate  offices  to  be  established 
by  Legislature;  legislature  to  make  it  self-sustaining.  All  titles 
from  the  state  to  be  registered  in  except  those  prohibited  by  the 

constitution.     (Tex.  \1V  1.) 
Lease 

For  provisions  relating  to  disposition  of  lands  generally  and  so  to 
leasing,  See  above,  this  title,  Disposition. 

i:!ee  atso  below,  this  title,  Price. 

.Beds  and  shores  of  waters.  See  Waters-     Beds  and  Shores. 

Harbor  lands,  See  Waters       Beds  and  Shores, 

Of  natural,  oyster  beds  prohibited.     (Va.  XIII   175.) 

Legislature  to  enact   necessary  laws  for  Leasing  all  lands  granted  to 

the  state.     (Wyo.  XVIII  4.) 

Legislature  may,  by  general  law.  provide  for  leasing  of  coal  lands  of 
state,  including  lignite  coal  lands.      (N.D.  IX   155.) 

Scbool  lands  may  be  leased   for  not   over  25  years  at    rate  fixed   bj 

law.      (Kan.   V  I    5 

Legislature  to  provide  by  law  for  lease  of  lands  granted  for  educa- 
tional and  charitable  purposes,  for  not  over  five  year  periods,  for 
meadows  or  pastures,  at  public  auction  after  notice;  school  lands 
under  cultivation  may  lie   Leased   for  other  purposes;    rents   to   he 

paid  in  advance.      (X.I).   IX    Kill 

Educational  and  charitable  lands  t<>  lie  leased  for  pasturageTmeadow, 
farming,  growing  of  grain  and  general  agricultural  purposes,  after 
notice  as  for  sale,  in  tracts  of  not  over  one  section;  rent  payable 
in  advance;  lease  not  valid  until  approved  by  governor,  unless 
leasing  entrusted  to  county.      I  S.I).  V7LTI  9,  12.) 

Board  of  commissioners  to  provide  for  rental  of  lands  granted  by 
congress,  under  regulations  prescribed  by  law.  and  so  as  to  secure 
maximum  possiMe  amount  therefor.      (Ida.  IX   8.) 

Certain  school  lands  not  to  he  leased  for  more  than  10  years  for 
gross  sum;  may  he  leased  for  not  over  25  years  for  annual  ground 
rent,  uncleared  lands  for  short  term  in  consideration  of  improve- 
ment   with    right    to    lease    or    hold    on    payment     of    ground    rent. 

(Mi-.  \  HI  211.) 

To  he  provided  for  by  legislature,  subject  to  enabling  act  and  consti- 
tution; not  under  appraised  value,  to  highest  and  best  bidder  at 
public  auction  in  county  seat  of  county  in  which  land  or  major 
part  situate,  after  advertisement  (details  given),  except  that  lease 
of  less  than  five  years  may  he  made  without  advertisement:  all 
former  lessees  ami  bona  tide  residents  to  he  protected  in  water 
lights  and  improvements:  to  l.e  entitled  to  renewal  of  leases  at 
reassessed  rental  and  a  succeeding  lessee  to  pay  them  value  of 
improvements  and  rights:  never  over  Kill  acres  agricultural.  640 
acres  grazing  land  to  one  person;  lease  of  lands  granted  by 
enabling  act  not  in  substantial  conformity  with  the  provisions  of 
the  enabling  act  to  he  void.      I  Ariz.  X  :i.  8,  9',  10.) 


112  State  Uonstitdtjons 


PUBLIC   LANDS    (Cont'd) 
Lease   [Cont'd) 

jislature  to  authorize  governor  to  lease  to  United  States  public 
in  ui  state  for  military  purposes,  subject  to  approval  of  legis- 
lature.     (Tex.  XVI  34.) 

LCM    \  UO.N 

i»i  lands  granted  by  Congress;  legislature  to  provide  for.      (Colo.  IX 

10;  Ida.  IX  S;  Wyo.  XVIII  4.) 

Of  lands  granted  by  Congress  to  be  provided  for  by  board  of  commis- 

sioners  under  regulation  prescribed  by  law.      (Colo.  IX  10;   Ida. 

IX  7.) 
Selection  and  location  to  be  made  by  commissioner  under  provision 
of  art  of  Congress  relating  thereto  and  the  law.     (N.M.  XIII  2.) 
Mortgage  of 

Or  deed  of  trust  not  to  be  valid.     (Ariz.  X  3.) 
Pen  i; 

See  also  above,  this  title,  Lease. 

Never  to  be  disposed  of  unless  full  market  value  of  interest  disposed 
of  be  paid  or  safely  secured  to  state;  grants  by  Congress  at  least 
minimum  price  fixed  by  grant.     (Mont.  XVII  1;  Wash.  XVI  1.) 
Of  school  lands  not  to  be  less  than  minimum  fixed  by  Congress,  and 

so  as  to  realize  largest  possible  proceeds.      (Wyo.  VII  13.) 
No  sale  of  land  granted  for  educational  purposes  valid  unless  bid 

equal  appraised  value.  (Wash.  XVI  2.) 
lands  for  educational  purposes  not  under  $7  an  acre,  and  not  less 
than  appraised  value.  (Xebr.  VIII  8.) 
Xo  land  for  educational  or  charitable  purposes  to  be  sold  for  less 
than  appraised  value,  never  less  than  $10  an  acre;  one-fourth 
paid  in  cash,  one-fourth  in  five,,  one-fourth  in  ten,  one-fourth  in 
15  years;  interest  not  less  than  five  per  cent;  subdivided  land 
may  be  sold  for  cash;  purchaser  to  have  option  to  pay  balance  at 

any  time.      (S.D.  VIII  5.) 
Lands  granted  for  educational  or  charitable  purpose  not  to  be  sold 
I    than    appraised   value;    no   case   less   than    $10    an    acre; 
""•fifth  to  be  paid  in  cash,  one-fifth  in  five.,  one-fifth  in  ten,  one- 
fifth  in   15.  one-fifth  in  20  years,  interest  at  not  less  than  six  per 

cent.    '(N.D.  IX  158.) 
than  .slo  an  acre,  or  three-fourths  appraised  value.     (Wyo. 

XVII   1.) 
ioo]  or  university  lands  not  less  than  $10  an  acre.     (Ida.  IX  S,  10.) 

"''   "f  Bcl '   sections   •>.   32,    14    and   36  as   are  not   contiguous  to 

itate  lands  are  not  to  be  sold  for  10  years  after  admission  of 

less  than  .-slo  per  acre.     (N.M.  XIII  1.) 
leaseholds,  limber  or  other  products  of  the  soil  at  not  less 
appraised   value:    land   in  no  case  to  be  sold  for  less  than 
acre  or   if  irrigable  under  United   States  or  other  project, 
less  than  $25  an  acre.     (Ariz.  XI  4,  5.) 
Unda  belonging  to  or  under  control  of  state  not  to  be  sold  to  cor- 
onation at  a  less  price  than  that  for  which  sub- 
al«  to   individuals.      (Ala.  IV  99;   Miss.  IV  95;   S.C.  Ill 

31.) 


l.NDKx  DiOEsn  112*1 


PUBLIC   LANDS    (Cont'd) 
Products 

Timber,  See  Forests  —  Timber. 

Natural  products  to  be  sold   in  same  manner  and  plan;  as  land  and 
not  for  less  than   appraised   true  value;   sale  void   if  not   in   con- 
formity with  provisions  of  enabling  a«-t.      (Ariz.  X  .3,  4,  8.) 
State  may  sell  stone  from,  in  manner  and  on  terms  provided  by  law. 

(.Wash.  XVI  3.) 
Protection 

To  be  provided  for  by  board  of  commissioners.      (Colo.  IX    10;   Ida. 

IX  7.) 
Legislature   to  enact   suitable   laws   to   prevent    destruction    by    fire 
from  any  cause  of  grasses  and  forests  on  lands  of  the  state  or  of 
the  public- domain,  the  control  of  which  may  be  conferred  by  Con- 
gress  on  the  state,   and  to  otherwise  protect   the   same.      (Mont. 

XIX   3.) 

Legislature  to  provide  by  law  for   protection   of   school   land-    from 

trespass  or  unlawful  appropriation,  and  for  defense  against  efforts 

to  divert  them  from  school  fund.      (S.D.  VIII  14.) 

Legislature  to  provide  for  protection  of  university  land  grant.     ( Iowa 

IX  Pt.  II  5.) 
Right  of  Way  Over 

Easement  of,  may  be  given  to  railroad,  telegraph  or  telephone  com- 
panies.     (Ala.    IV  99.) 
State  through  legislature  to  have  power  to  grant  to  any  railroad  or 

canal.      (La.  5S.) 
Legislature  mav  grant  easement  of,  not  over  150  feet  wide,  to  rail- 
roads.     (S.r.   in  31.) 
Prohibition    of    donation    of    land    not    to    prevent    legislature    from 
granting  a  right  of  way  not  over  100  feet  wide  to  railroads  across 
state  lands  as  easement,  and  legislature  never  to  dispose  of  land 
covered  by  right  of  way  so  long  as  easement  exists.     (Miss.  IV  95.) 
All  persons  and  corporations  to  have,  for  ditches.  canals  and  flumes 
to  convey  water  for  domestic,  mining  and  manufacturing  purposes, 
irrigation  or  drainage.      (Colo.  XVI  7.) 
Sale 

For  provisions  relating  to  disposition  of  lands  generally  and  so  to 

sales,  See  above,  this  title.  Disposition. 
Approval 

Governor   may    disapprove    anv,   unless    entrusted    to    counties. 

(S.D.  VIII  12.) 

Confirmation 

Sale  heretofore  made  of  school  and  university  lands  by  county 
commissioners  or  university  commissioners  may  be  confirmed 
by  legislature  when  purchase  price  paid  in  good  faith.    (Wash. 

XVI  2.) 

Limit  of  Parcels 

Lands  not  specially  subdivided  to  be  offered  in  not  over  80- 
acre  tracts,  those  subdivided  in   smallest   subdivision.      (S.D. 

VIII   4.) 

36 


[1-22  State  Constitutions 


PUBLIC   LANDS    (Cont'd) 
Sale   [Confd) 

Limit  of  Parcels    (Cont'd) 

Onlv  to  be  sold  in  lots  of  not  over  160  acres  to  settlers.      (Tex. 

XIV   4.) 
Never  more  than  160  acres  agricultural  land  or  640  acres  graz- 
ing land,  to  one  person.      (Ariz.  X  11.) 
Lands  not  specially  subdivided  to  be  offered   in  tracts   of   one- 
fourth  section,  those  subdivided  in  smallest  subdivision.    (N.D. 

IX  158.) 
Not  over  25  sections  of  school  land  sold  in  one  year  in  sub- 
division not  to  exceed  160  acres.  (Ida.  IX  8.) 
Nut  over  160  acres  of  granted  land  in  one  parcel,  lands  within 
limits  of  incorporated  city  or  two  miles  from  boundary,  valued 
at  over  $100  an  acre,  to  be  platted  into  not  over  five-acre 
blocks,   not    over    one   block    offered    in    one    parcel.       (Wash. 

XVI   4.) 

Lands  within  limits  of  town  or  city  or  three  miles  away  from, 

to  be  sold   in  alternate  lots  of  not  over   five  acres  each,  not 

over  three-fourths  of  any  tract  to  be  sold  before  1910.     (Mont. 

XVII  2.) 

Method 

Lands  granted  by  Congress,  at  public  auction.      (Ida.  IX  S.) 
School  lands  sold  at  public  auction  in  portions  at  proper  inter- 
vals of  time.     (Wyo.  VII  13.) 
To  highest  bidder  at  public  auction  after  advertisement.      (S.D. 

VIII  5.) 

To  be  sold  to  highest  bidder  at  public  auction  at  county  seat  of 

county  in  which  situate,  after  advertisement    (details  given). 

(Ariz.  X  3;  N.D.  IX  158.) 
At   public  auction  to  highest  responsible  bidder,  after  appraisal. 

(Wash.  XVI  2;  Wyo.  XVIII  1.) 
Certain   lands   sold  to  highest  bidder  by   proceeding   in   circuit 
court  of  county  in  which  situated.      (W.Va.  XIII  4.) 
Prohibition 

Beds  and  shores  of  navigable  waters,  See  Waters  —  Beds  and 

Shores. 
Certain  school  lands  not  to  be  sold  but  may  be  leased.      (Miss. 

VIII  211.) 
Certain  grounds  owned  by  state  in  Indianapolis  not  to  be  sold 

or  leased.     (Ind.  XV  9.) 
Coal  lands  of  state,  including  lignite  coal  lands,  never  to  be  sold 

but   may  be  leased.      (N.D.  IX   155.) 
Natural  oyster  beds,  rocks  and  shoals  not  to  be  sold,  rented  or 

leased.     (Va.  XIII  175.) 
'ilt    springs  belonging  to  state  never  to  be  alienated.      (Nebr. 

Provision  for  m   17^ 

School  lands  not  to  be  sold  unless  authorized  by  vote  at  general 

election.     (Kan.  VI  5.) 
No  certificate  for,  to  be  sold  at  general  land  office  except   to 

actual  settlers.     (Tex.  XIV  4.) 


Index  Digest  L123 


PUBLIC   LANDS    (Cont'd) 
Sale    {Cont'd) 

Provision   for    (Cont'd) 

Legislature  to  authorize  governor  to  sell  to  United  States  puhlic 
domain  of  state  for  military  purposes,  subjed    to  approval  of 

legislature,     (Tex.  XVI  34.) 

Legislature  to  provide  for,   from  time  to  time.      (Colo.    IX    10; 

[da.  IX  8.) 

Legislature  to  provide  for  sale  of  lands  granted  by  Congress  to 
begin  one  year  after  assembly  of  first  legislature,  no  more 
than  one-fourth  to  be  sold  within  five  years,  nor  more  than 
one-half  of  balance  within  10  years,  residue  after  the  10 
years;  patent  not  to  issue  till  payment;  separate  accounts  to 
be  kept  of  lands  given  for  particular  purposes.     (N.D.  IX  158, 

160.) 

May  be  sold  subject  to  the  enabling  act  and  the  constitution; 
legislature  to  provide  therefor  by  law;  all  former  lessee-  and 
bona  fide  residents  to  be  protected  in  water  rights  and 
improvements ;  sale,  conveyance  or  contract  for  any  lands 
granted  by  enabling  act  not  in  substantial  conformity  with 
the  provisions  of  the  enabling  act  to  be  void.      (Ariz.  X  S.  9, 

10.) 

Sale  of  school  and  university  lands  to  be  made  by  law,  after 
appraisal;  commissioners  to  execute  conveyance  and  take  back 
mortgage  for  unpaid  purchase  price  and  discharge  mortgage 
when  paid;   may  withhold  any  portion  of  lands  if  they  deem 

it  expedient.     (Wis.  X  8.) 

To  be  sold  under  rules  and  regulations  prescribed  by  law.  town 
lots,  in  alternate  lots  of  not  over  five  acres  and  not  over  one- 
half  of  any  such  tract  before   1910.      (Mont.   XVII   2.) 

School    lands    to    be    sold    by    board    of    commissioners.       (Ore. 

VIII    5.) 

Sale  of  lands  granted  by  Congress  to  be  duty  of  hoard  of  com- 
missioners, under  regulations  prescribed  by  law  and  bo  as  to 
secure  maximum  possihle  amount  therefor.      (Ida.  IX  8.) 

All  sales  to  be  conducted  through  office  of  commissioner  of 
school  and  public  lands  as  prescribed  by  law,  returns  of 
appraisals  and  sales  to  be  made  to  same  office;  conveyance 
of  title  not  to  be  effective  for  60  days  after  date  of  sale 
and  until  approved  by  governor;  no  grant  or  pal  en  t  to  issue 
until  final  payment  is  made;  separate  account  to  he  kept  of 
lands  given  for  particular  purposes.      (S.D.  VI 11   (i.  S.) 

All  public  lands  set  apart  to  state  by  Congress  for  penal,  chari- 
table, educational  and  public  building  purposes,  and  all  taken 
in  lieu  thereof  may  be  sold  by  state  under  rules  and  regula- 
tions prescribed  by  the  legislature  in  conformity  with  pro- 
visions of  enabling  act.      (Okla.  XI  4.) 

Congressional  land  grant  for  internal  improvements  to  be 
appraised    and    sold    as    provided    by    law    for    school    lands. 

(Minn.  IV  32.) 


[  State  Constitutions 


PUBLIC  LANDS    [Cont'd) 
t'd) 
Provision   for    (Cont'd) 

Laud  Bet  apaPt  &W  universitj  fund  to  be  sold  under  regulations 

pre.-cribed  by  law,  legislature  to  provide  for  prompt  collection 

.'flits    due    university    account    for    lands    heretofore   sold. 

(Tex.  VII  12,  15.) 

Lands  needed  for  storage  of  water  for  irrigation,  drain  ditches 

Or    irrigation    ditches    may    be    purchased    like    other    school 

land-,  but  patent    shall  issue  when  principal  and  interest  due 

are  paid.,  either  at  time  of  sale  or  any  time  thereafter.     (X.D. 

IX  15S.) 

Land-,  wastfl  and  unappropriated,  forfeited,  escheated,  purchased 

and  irredeemable,  if  title  in  state  at  time  of  sale,  to  be  sold; 

former  owner  to   receive  excess   over   taxes   and   12   per   cent. 

interest  and  cost  of  proceedings.     (VY.Va.  XIII  4,  5.) 

Reservation  of  Fishing  Rights 

Xot  to  he  sold  or  transferred  without  reservation  to  people  of 
absolute   tight   to  fish  thereupon.      (Cal.   I  25.) 
Taxation  After 

To  be  sulijci ■?   to  fixation  from  date  of  contract  of  sale,  which 
becomes  null  and  void  if  taxes  unpaid  before  first  Monday  in 
October  of  yea?  utter  assessment.      (X.D.  IX  15S.) 
Sqi 

Grants  from  United  States  to  state  not  to  be  located  on  land  actually 
'led  without  eonseat  of  the  occupant,  but  no  such  claim  to  be 
allowed  for  mure  than  320  acres.      (Iowa  XI  7.) 
Grants  to  he  located  on  vacant  and  unappropriated  land,  not  on  land 
'"titled  or  equitably  owned  under  color  of  title"  from  state,  evi- 
denced Ij\   county  or  general  land  office  records  or  by  actual  occu- 
pation.     (Tex.  XIV  2.) 
All   former  bona  fide  residents  to  be  protected  in  water  rights  and 

improvements,  in  case  of  sale  or  lease  of.     (Ariz.  X  9.) 
In  disposition  of  public  lands  granted  by  Congress  to  state,  prefer- 
ence to  be  given  to  actual  settlers;   legislature  to  provide  by  law 
i   carrying  tbi-  aectiOH  into  effect.     (Mont.  XIX  7.) 
Cm   lands   granted   by    United    States    for   various   objects,    to    have 
preference    rigid    to    purchase,    in    case   of    actual    and   bona    fide 
Bent  and  improvement  at  time  of  adoption  of  constitution, 
in  quantities  of  not  over   160  acres,  at  not  less  than  appraised 
value,  excluding  value  of  improvements.     (Wyo.  XVIII  1.) 
LegialaAttre   never   to  grant    privileges  to   persons   settling  on   land 
granted  by  United  States  to  state,  subsequent  to  survey  by  United 
States,  by  which  amount  derived  from  sale  diminished,  directly  or 
indiflectly.      [\  ,.i„.  IX  10:  Ida.  IX  8;  N.D.  IX  16.3.) 
but  have  first  right  to  buy.      (Wyo.  XVITI  5.) 

to  public  land  by  any  trespasser  by  reason  of  occupancy, 

IB   o»  improvement  ever  to  be  recognized;   nor  compensa- 

"'"    '  Ui:   ,n:"^'   Dfl   account   of   any  improvements  made  by 

such  trespasser.      (S.D.  VIII  10.) 


Indkx    I>h.i:st  1135 


PUBLIC   LANDS    (Cont'd) 
Supervision 

Educational  and  school  lands  fco  be  under  ccuitrul  uud  management 
of  legislature.      (Iowa    IX    l*t.   II    1.) 

Legislature  to  enact  necosary  laws  far  care  vi  nil  Lands  granted  to 

the  Mate.      (Wyo.   Will   4.) 

Management  of  to  he  duty  of  hoard  of  conumssionesa  under  rules 
and  regulations  prescribed  by  legislature.      i<)kla.   \  1   32.) 

Direction,  control  and  care  of  all  lands  granted  to  state,  to  he  duty 
of    board    of    commissioners,    under    regulations    imposed    by    law. 

I  Mont.  XI  4;  Wyo.  XVIII  3.) 

Direction  and  control  to  he  duty  of  board  of  commission. i-  under 
regulations   prescribed    by   law.      (Colo.   IX    Hi;    Ida.    IX    7;    Wyo. 

VII   13.) 

Control  and  care  of  to  be  duty  of  commissioner  under  provisions  of 
act  of  Congress  relating  thereto  and  the  law.     (X.M.  .XIII  -1.) 

Commissioner  of  agriculture  to  have  supervision  of  all  matters  per- 
taining to,  under   regulations   prescribed  by  law.      (Fla.   IV   20.) 
Trusts  in 

See  also  above,  this  title.  Land  Grant  Funds. 

For   solely   educational   purposes,   See  Ed\catio\  —  FUNDS. 

All  lands  granted  to  state  held  in  trust  for  all  the  people.      (Wash. 

XVI   1.) 

All  lands  belonging  to  territory  of  Xew  Mexico,  all  lands  granted, 
transferred  or  confirmed  to  state  by  Congress,  and  all  Lands  here- 
after acquired,  declared  to  be  public  lands  of  state  to  be  held  or 
disposed  of  as  may  be  provided  by  law  for  purposes  for  which 
granted,  donated  or  otherwise  acquired.      (X\M.  XTII    1.) 

All  lands  of  state  granted  to  state  by  Congress,  and  all  lands  acquired 
by  gift  or  grant  or  devise  from  any  person  or  corporation,  to  be 
public  lands  of  state,  held  in  trust  for  the  people,  to  be  disposed 
of  as  hereafter  provided,  for  respective  purposes  lear  which  granted, 
donated  or  devised.      (Mont.  XVTI  1.) 

All   lands  of   state  granted  by  Congress,   and   all  lands  Enquired    by 
gift,  grant  or  devise,  from  any  person  or  corporation,  or  othenn 
accepted  and  declared  to  he  public  lands  of  state:    to  be   held   in 
trust  for  the  people,  to  be  disposed  of  as  may  be  provided  by  law, 
for    respective    purposes    for   -which    granted,    donated,    devised    or 

otherwise  acquired.     (Utah  XX  1.) 

State  accepts  several  grants  of  land  made  by  enabling  act  under 
conditions  and  limitations  therein  mentioned,  reserving  right  to 
apply  to  Congress  for  modification  of  said  conditions  and  limita- 
tions in  case  of  necessity.      (XT.!).  XYT  '205.) 

Legislature  at  the  earliest  practicable  period  to  provide  by  law  that 
grants  of  land  made  by  OengWBSB  to  state  he  held  in  trust,  subject, 
to  disposal   at  public   auction,   for   the  use   and   benefit   of  obi. 
for  which  made;  and  for  faithful  application  of  proceeds  in  accord- 
ance  with  term  of  grants.      (Ida.  IX  8*   Colo.   IX    10.) 

All  lands  expresslv  transferred  and  confirmed  to  state  by  enabling 
act  approved  June  'ill,   1910,  including  all  lands  granted   to  -rate, 


1126  State  Constitutions 


PUBLIC  LANDS    (Cont'd) 
Tbusts  in  (Cont'd) 

all  lands  heretofore  granted  to  territory  and  all  lands  otherwise 
acquired  by  state,  to  be  accepted  and  held  in  trust  to  be  disposed 
«.i  in  whole  or  in  part,  only  in  manner  as  in  enabling  act  and 
institution  provided,  and  for  objects  specified  in  granting  and 
confirmatory  provisions;  natural  products  and  money  proceeds  of 
any  of  said  lands  to  be  subject  to  same  trusts  as  lands  producing 

the  same.      (Ariz.  X   1.) 

Lands  granted  by  Congress  accepted  under  terms,  conditions  and  for 

purposes   expressed   in   act  making  or  confirming  grants.      (Ariz. 

XX   12;  Mont.  Ordinance  I  7;  N.M.  XXI  9.) 

Grant  by  Congress  for  payment  of  bonds  of  certain  counties  to  bn 

selected  and  located  as  soon  as  possible  by  proper  officers  of  state, 

and   si ild   by   them  to  pay   interest   and   principal   of   state  bonds 

med  to  refund  county  bonds;  excess  to  be  paid  into  school  fund. 

(N.M.  IX  4.) 
bain  lands  granted  by  Congress  for  designated  educational  insti- 
tutions and  proceeds  of  sale  to  be  kept  as  a  trust  never  to  be 
diminished;  income  only  to  be  used  exclusively  for  benefit  of 
designated  institution.  (Okla.  XI  5.) 
Proceeds  of  binds  granted  by  Congress  for  university  and  othei 
institutions  to  constitute  permanent  funds  to  be  safely  invested 
by  stale  and  income  applied  for  support  of  institutions  and  colleges 
respectively;  proceeds  of  grants  for  deaf  and  dumb  and  blind  to 
be   trust,   principal   to   remain   inviolate,    state   guarantee   against 

diversion.      (Utah  X  5,  10.) 
Land  grants  by  Congress  for  state  institutions  accepted  and  to  be 
exclusively  used  for  purposes  for  which  granted.      (N.M.  XII  12, 

XIV  2.) 
Land  set   aside  for  a  permanent  fund  for  designated  institutions  to 
be  sold  and  proceeds  invested  and  kept  for  use  of  institutions,  as 
provided   for  school  land.      (Tex.  VII  9.) 
Internal  improvement  land  grant  from  Congress  to  be  sold  and  pro- 
Is    invested    in   bonds   to  be  used   for   purpose   of  grant  under 

detailed  restrictions.      (Minn.  IV  32.) 
Jim:  Lands 

State  disclaims   title  to  all  tide  lands  patented  by  United  States. 

(Wash.  XVII  2.) 
.  F>: km i' no*  from,  See  Taxation  —  Exemption. 
Wateb  Poweb 

Lands  valuable  for  water  power  development  or  hydro-electric  trans- 
sion  and  designated  by  secretary  of  interior  within  five  years 
tatehood  not  to  be  disposed  of  by  state  and  any  transfer 
during  Buch  live  years  to  be  void.      (Ariz.  X  6.) 
PUBLIC   OFFICERS 

ted  provisions  relating  to  public  officers  generally,  state 

various  classes,  the  extent  of  which  can  only  he  determined 

'  examination  of  court  decisions  (e.  g.,  "civil  officers",  "officers 

ty  of  the  state",  etc.).    Provisions  relating  to  particular 


Index  Digest  1127 


PUBLIC  OFFICERS    (Cont'd) 

officers    (e.  g.,  attorney-general)    or  classes   of  officers    (e.   g.,   county 
officers,  militia  officers)  are  digested  under  the  specific  titles. 
Accountable  to  People 

Public  officers  are  trustees  and   servants  of  the  people,   and   at   all 

times  amenable  to  them.     (Ga.  I  Sec.  I  1.) 
All   persons    invested   with    the    legislative   or    executive   powers   of 
government  are  trustees  of  the  public,  and  as  such  accountable  for 

their  conduct.  ■   (Md.  D.  R.  6.) 

Magistrates     and     officers    of    government    vested    with    authority, 

whether    legislative,    executive    or    judicial,    are    substitutes    and 

agents  of  the  people,  and  are  at  all  times  accountable  to  them. 

(  Mass.  Pt.  I  5. ) 
People  have  right  to  require  of  lawgivers  and  magistrates  an  exact 
and  constant  observance  of  principles  of  constitution  and  of  piety, 
justice,  moderation,  temperance,  industry  and  frugality  in  forma- 
tion  and  execution  of  laws  necessary  for  good  administration  of 

state.     (Mass.  Pt.  I  18.) 
Magistrates   and   officers  of  government  are  substitutes  and   agents 
of  the  people,  and  at  all  times  accountable  to  them.     (X.II.  I  8.) 
People  have  right  to  require  of  lawgivers  and  magistrates  exact  and 
constant  observance  of   principles  of  constitution   and  of   justice, 
moderation,    temperance,    industry,    frugality    and    all    the    social 
virtues,   in   formation   and   execution   of   laws   necessary   for   good 
administration  of  government.      (N.PI.  I  38.) 
People  have  right,  in  a  legal  way,  to  exact  from  their  legislators  and 
magistrates,   due   and  constant   regard  to   fundamental   principles 
and  to  justice,  moderation,  temperance,  industry  and  frugality  in 
making  and  executing  laws  necessary  for  good  government  of  state. 

(Vt.  I    18.) 
Magistrates  are  trustees  and  servants  of  the  people,  and  at  all  times 
amenable   to   them.      (W.Va.    Ill    2.) 
Accounts 

Disqualification  for  Failure  to  Account,  See  beloic,  this  title,  Quali- 
fications and  Disqualifications. 
Of  Whom  Required 

Officers  and  commissioners  of  state.      (Okla.  VI  33.) 
State  officials,  boards  and  institutions   (law  to  require  accounts 

of  them).      (Mich.  X  18.) 

Officers  of  executive  department.     (Colo.  IV  16;  Fla.  IV  27;  Ida. 

IV  17;  111.  V  20;  Mo.  V  22;  Mont.  VII  19;  Nebr.  V  21;  N.M. 

V  9;  S.C.  IV  14;  Tex.  IV  24.) 

Subordinate  officers  of  executive  department.      (W.Va.  VII  17.) 

Officers  of  public  state  institutions.     (Colo.  IV  16;  Ida.  IV  17; 

111.  V  20;  Mont.  VII  19;  Nebr.  V  21;  N.M.  V  9;  W.  Va.  VII 

17.) 
Boards  of  public  institutions.      (S.C.  IV   14.) 
Officers  and  managers  of  state  institutions.     (Tex.  IV  24.) 
Officers  charged  with  eafe-keeping,  transfer  and  disbursement  of 
state,  county  and  school  funds.     (S.C.  X  12.) 


|j£g  State   Constitutions 


PUBLIC  OFFICERS    [Cont'd) 
A  ii'nnf 

Of  Whom  Required    (To/^v/i 

Officers  or  persons  charged  with  safe-keeping,  transfer  and  dis- 
bursement   of    state   and    school    funds   or    any   part   thereof. 

(Minn.  IX  12.) 
Offieara    collecting   or    receiving,   or    having   duty    of   collecting, 
receiving,  holding  or  paying  out,  money  of  state,  county,  dis- 
trict   or   municipal   corporation    (law   to    require    accounts    of 

them).     (W.  Va.  VI  27.) 
Of    What 

Financial    and    other  transactions.      (Mich.   X    18.) 
Receipts.      (Fla.  IV  27.) 

Receipts,  itemized.     (Minn.  IX  12;  S.C.  IV  14,  X  12.) 
&feneye  received.     (X.M.  V  9.) 

Moneys  received  from  all  sourees.      (Colo.  IV  16;   Ida.  IV  17; 
111.  V  20;  Mont.  VII  19;  Xebr.  V  21;  Tex.  IV  24;  W.Va.  VII 

17.) 
i  hoses  in  action  received  from  all  sourees.      (Tex.  IV  24  ) 
Expenditures  of  office.      (Fla.  IV  27.) 

Disbursements,  itemized.     (Minn.  IX  12;  S.C.  IV  14,  X  12.) 
Moneys  disbursed.      (Colo.  IV  16;   Ida.  IV  17;   Mont.  VII   19.) 
Moneys  disbursed  from   all  sources.      (111.  V  20;   Xebr.   V  21; 

W.Va.  VII  17.) 
Moneys   disbursed   or   otherwise   disposed    of    from    all   sources. 

(Mo.  V  22;   Okla.  VI  33;   Tex.  IV  24.) 
( 'hoses   in   action  disbursed  or  otherwise   disposed  of   from   all 

sources.     (Mo.  V  22;  Okla.  VI  33;  Tex.  IV  24.) 
Services    performed.      (Colo.    IV    16;    Ida,    IV    17;    111.    V   20; 
Mont.  VII  19;  Mo.  V  22;  Xebr.  V  21;   Okla.  VI  33;  Tex.  IV 

24;    W.Va,   VII    17.) 
Requirements  of  office.     (Fla.  IV  27.) 
Of  Fees,   See  below,  this  title,  Fees  and  Emoluments. 
Of  Public  Property,  Sec  Public  Property. 

Audit  of  Accounts,  and  Accounting  Systems,  See  State  Finances  — 

Accounts. 
Reports 

See  also  below,  this  title,  Reports. 
To  Whom 

Governor.     (Colo.  IV  16;  Ida,  IV  17;  111.  V  20;  Mont,  VII 
19;  Mo.  V  22;  Xebr.  V  21;  X.M.  V  9;  Okla.  VI  33;  S.C. 
IV  14;  Tex.  IV  24;  W.Va.  VII  17.) 
Governor;  transmitted  to  legislature  by  governor  at  begin- 
ning of  each  regular  session.      (Fla.  IV  27.) 
Competent  state  authority  prescribed  by  law.     (Mich.  X  18.) 
Freq  u 

Semi-annually.      (Colo.  IV  16;  Ida.  IV  17;  111.  V  20;  Mo.  V 
12;   Mont.  VIT   10;   Xebr.  V  21;   Tex.  IV  24;   W.Va.  VII 

17.) 
Semi-annually  and  as  often  as  required  by  governor.     (Okla. 

VI  33.) 


I.\i>]\    I>h.ist  1129 


PUBLIC  OFFICERS    (Cont'd) 

Accounts    ( Cont'd ) 
Reports    (Cont'd) 

Frciiiniivii    (  Cont'd) 

Annually  and  at  such  other  times  as  goremdr  may  require. 

(X..M.  V  9.) 
When  required  by  governor.      (S.C.  IV   14.) 
At  beginning  of  each  regular  session  o*  whenever  requi 

by  gDveraorl     ( l'l.i.  I  \   27.) 
Oaths 

Required.      (Colo.  IV  16;  Ida.  IV  17;   Mont.  VII    19;   X.M. 

V  9;  Okla.  VI  .33.) 
Required;   making  false  report  to  be  perjury.      (111.   V   20; 

Mo.  V  22:  Nebr.  V  21.) 
Required;   person  making  false  report  to  be  guilty  of  per- 
jury  and  removed   from  office.      (Tex.   IV  21.) 
Oath    or    affirmation;    making   false   report   to   be   perjury. 

(W'.Va.   VII    17.) 
Appointment 

As  to  u-Jtvflicr  officers  are  to  be  appointed  or  elected,  See  below,  this 

title,   Selection'. 
For  list  of  particular  officers  or  classes  of  officers  whose  appoint* 
by   governor,   tcith    or   without   confirmation,    is   authorized   or  di- 
rected. See  Governor. 
Examinations  for,  See  Cmx  Service. 
As  Prescribed  by  Law 

If  not  provided  for  in  constitution.      (Mo.  XIV  9.) 
By  Governor 

If  not   otherwise  provided   for  by  law  or   constitution,  by  gov- 
ernor, and  in  his  absence  by  lieutenant-governor.     (Vt.  II  20.) 
Officers   whose   salaries,   fees   and   emoluments   are   $.:500   or   less 
(if  he  is  authorized  by  constitution  or  law  to  appoint).     (Del. 

III  9.) 
No   appointment  to  be  made  by  governor   during  last  week   of 

term.      (X.J.  V  3.) 
By  Governor  with  Consent  of  Senate 

Officers   whose   appointment  or   election   not   otherwise   provided 

for.      (Ida.  IV  6;   Mont.  VII  7;   X.M.  V  5b) 
Same;    senate  may  sit  with  closed   doors  when   deliberating  on 
nominations,   but   in   acting  thereon   to   sit  with   open   d..nrs; 
vote  taken  by  veas  and  nays  and  entered  on  journals.      (Colo. 

IV  6.) 
State  officers  whose  election  or  appointment  not  Otherwise  pro- 
vided  for.      (Utah  VII   10.) 

Such  officers  as  may  be  provided  by  law.  (Minn.  V  4.) 
Officers  established  by  constitution  and  whose  appointment  or 
election  not  otherwise  provided  for  in  const  itution  ;  failure  to 
send  to  senate. name  of  person  appointed  to  be  equivalent  to  re- 
jection; person  rejected  not  to  be  appointed  to  same  office 
during  recess  of  senate.  (La.  71,  72.) 
Officers  whose  appointment  not  otherwise  provided  for  by  law; 


1 1 30  State  Constitutions 


PUBLIC  OFFICERS    [Cont'd) 
Aitih.n  i  mini    |  Cont'd) 

By  Governor  With  Consent  of  Senate   (Cont'd) 

no  appointment  or  nomination  to  be  made  by  governor  during 
1  i-t  week  of  term;  if  person  nominated  for  office  of  trust  or 
profit  under  government  of  state  is  not  confirmed  before 
recess,  ineligible  for  appointment  to  such  office  during  such 
recess.  (N.J.  V  3,  12,  VII  Sec.  II  9.) 
Civil  and  military  officers  of  the  state,  whose  appointment  or 
election  not  otherwise  provided  for  by  constitution,  unless 
law  creating  office  provides  other  method;  civil  officers  to  be 
nominated  to  senate  within  fifty  days  from  beginning  of 
regular  session;  after  rejection  by  senate  person  not  to  be 
nominated  for  same  office  at  same  session  unless  at  request  of 
senate,  or  be  appointed  to  same  office  during  recess  of  legis- 
lature. (Md.  II  10,  12,  13.) 
Person  rejected  by  senate  not  to  be  reappointed  by  governor  to 
same  office  during  same  session  or  recess  thereafter.  (No 
provision  in  constitution   expressly  requiring  confirmation  of 

appointments.)       (Ga.  V  Sec.  I   15.) 
By  Governor  with  Consent  of  Senators-Elect 

Officers  established  by  constitution,  where  appointment  not  other- 
wise provided  for.      (N.C.   Ill   10.) 
By  Governor  with  Consent  of  Majority  of  All  Members  Elected  to 

Senate 
Officers  whom  he  is  authorized  by  constitution  or  law  to  appoint, 
but  confirmation  not  needed  in  case  of  officers  whose  salaries, 
fees  and  emoluments  are  .$500  or  less.  (Del.  Ill  9.) 
Officers  whose  appointment  or  election  not  otherwise  herein 
provided  for;  yeas  and  nays  required;  after  rejection  by 
senate,  person  not  to  be  nominated  for  same  office  at  same 
session  unless  by  request  of  senate,  nor  appointed  to  same 
office  during  recess  of  legislature.     (111.  V  10,  11;  Nebr.  V  10, 

11.) 
no;   except  during  recess  of  "senate"  instead  of  "legisla- 
ture ".     ( W.Va.  VII  8,  9. ) 
By  Governor  with  Consent  of  Two-Thirds  of  All  Members  of  Senate 
Officers   whom   governor   authorized   by   constitution    or   law   to 
appoint;    in   acting   on   nomination,   senate   to   sit  with   open 
•loors  and  vote  to  be  taken  by  yeas  and  nays  and  entered  on 

journal.     (Pa.  IV  8.) 
By  Governor  with  Consent  of  Council 

livil   and  military  officers  whose  appointment  is  not  otherwise 

provided   for  by  constitution  or  law;  nomination  to  be  made 

least   seven   days   before   appointment.      (Me.  V  Pt.   I   8.) 

Governor   and   council   to  have  negative  on   each  other   in   such 

nominations    and    appointments    as    they    are    authorized    to 

nire    by    governor    and    council    necessary;    each 

nomination    and    appointment  to   be   signed   by   governor   and 

•He]    every    negative   to   be   signed    by   "governor    or 

council  win,  made  He-  same4'?:     (jST.H.  II  40.)  ' 


Index  Digest  1131 


PUBLIC  OFFICERS    (Cont'd) 
Appointment   ( Cont'd ) 

By  Legislature,  See  Legislature  —  Elections  ht. 
By  Court 

Legislature  not  to  confer  on  court  <>r  judge  power  of  appoint- 
ment,  except  as  provided  in  constitution.      (W.Va.  VI  40.) 
Assistants,  Sec  below,  this  title,  Deputies  and  Assistants. 
Bonds 

Sureties  of  state  officers  to  be  residents  of  and  have  sufficient 
property  within  state  not  exempt  from  sale  under  execution, 
attachment  or  other  process  of  court  to  make  good  their  bonds, 
but  any  surety,  bonding  or  guarantee  company  organized  for 
purpose  .of  doing  surety  or  bonding  business  and  authorized 
to  do  business  in  state  may  become  surety  on  bonds  of  state 
officers  under  regulations  prescribed  by  law.  (Ark.  XIX  21.) 
Sureties  of  state  officers  to  be  residents  of  and  have  sufficient 
visible  property  unincumbered  within  state,  and  not  exempt 
from  sale  under  legal  process,  to  make  good  their  bond*;  but 
duly  organized  and  responsible  guarantee  or  surety  company, 
either   foreign  or  domestic,  lawfully  doing  business  in  the  state, 

may  be  surety.  (Fla.  XVI  13.) 
Legislature  to  have  no  power  to  relieve  principals  or  securities 
upon  forfeited  recognizance  from  payment,  either  before  or  after 
judgment,  unless  principal  is  apprehended  and  in  custody  of 
proper  officers.  (Ga.  Ill  Sec.  VII  10.) 
Legislature  to  provide  by  general  law  what  officers  shall  give 
bond,   and  fix  "liability   therein",  and  for  relief  or  discbarge  of 

sureties.      (Ky.    224,    238.) 
House  of  delegates  may  direct  suit  on   for  breach.      (Md.  Ill  24.) 
Officers  and  other   persons  charged   with  safe-keeping,   transfer   and 
disbursement   of   state   and   school   funds   or   any   part  thereof   to 
be  required  to  give  ample  security  for  all  money  and    funds   re- 
ceived.     (Minn.   IX    12.) 
Legislature  to  fix  amount  of  penalty  and  may,  as   Ear   as   practic- 
able,   provide   that   whole   or   part    of    security    required    shall    be 
made  by  guarantee  company  or   companies.      (Miss.   IV   82.) 
Officers    charged    with    safe-keeping,    transfer    and    disbursemenl    of 
state,   county   and   school   funds,   to   give   such   security    as   legis- 
lature may  provide.      (S.C.  X   12.) 
State   officers   whose   duty   it    is    to   collect   fees,    to   be    responsible 

therefore  under  bond.      (Utah  XXI  2;   Wyo.   XIV   2.) 
State  officers  and  their  deputies.   assiatant8  or  employees,   charged 
with    collection,     custody,    handling    or     disbursement     of     public 
funds,   to  give  bond  for  faithful   performance   of   duties;    amount 
of    such   bond    and    manner    of    furnishing    security    specified    and 

regulated  by  law.      (Va.   V   85.) 
To  be  made  payable  to  state.      (W.Va.   II   S.) 

Officers   and  sureties  not  to  be  released   from   debt   or   liability  due 

state.     (W.Va.  VI   38.) 
Of    state    officers,    governor    shall    for    causes    and    in    maimer    pre- 


11:  State  (  'oxsthttions 


PUBLIC   OFFICERS    (Cont'd) 
Bos  nt'd) 

ibed    liv    law.    require    reasonable    additional    security;    if    not 
given,   office   to  be  declared   vacant   in   manner   provided   by   law. 

(W.Va.  VII  13.) 

Tax  assessor   or  collector,  sureties  not  to  be  relieved  from  liability 

by  local  ec  special   law.      (Ky.  59;   La.  4S;   Mo.   IV  53;   Okla.  V 

46;    Tex.    Ill    56.) 
Bribery 

also   beltms,   this   title,   Coiiuupt   Solicitation. 
As    di&qmtli^eation    fan    votings    See    Elections  —  Qualifications 

axd  Disqualifications  of  Electors. 
JLs  iHs<iU'difu-ation    to  hold  office;  See  below,   1his   title,.  Qualifica- 
tions and  Disqualifications. 
To   secure  or   appointment    (other   than   for  resulting   dis- 

en  to  hold  office).  See  Elections. 
Of  es  of  leu'islii me,  See  Legislature  —  Members. 

Bribery  of  Officer 

Any  pecson  who  offers  or  promises  bribe  to  an  officer,  if  it  shall 
be  received,  to  be  deemed  guilty  of  felony  and  liable  to  pun- 
i-iunent ;   if  bribe  rejected,  guilty  of  attempt  to  bribe,  which 
ieHared  to  lie  felony.      (N.Y.  XIII  3.) 
Legislated  to  provide  fey  lav/  for  punishment  by  imprisonment 
in   penitentiary,  of  person  bribing  or  attempting  to  bribe  exec- 
utive or  judicial  officer  of  state  in  order  to  influence  him  in 
performance  of  official  or  public  duties.      (W.Va.  VI  45.) 
Legislature   to    provide   by   law    for   punishment   by   fine   or   im- 
prisonment in  penitentiary,  or  both,  in  discretion  of  court,  of 
person    bribing   or   attempting   to  bribe   executive   or    judicial 
officer  of  stale  or  to  influence  him  in  performance  of  official 

duty.      (Md.  Ill  50.) 
Any  person  who  offers,  gives  or  promises  any  money  or  thing  of 
value,    testimonial,    privilege    or    personal    advantage    to    any 
eeutive  or  judicial  officer  to  influence  him  in  performance  of 
any  public  or  official  duty,  to  be  guilty  of  bribery  and  punished 
d"'d  by  law.      (Ala.  IV  SO;   Ark.  V  35;   Colo.  V  41; 
Mont.  Y   ©;    I'a.  Ill   30;  Tex.  XVI  41;  Wyo.  Ill  43.) 
.Any  person  who  offers,  gives  or  promises  any  money  or  thing  of 
value,    testimonial,    privilege    or    personal    advantage    to    any 
executive  or  judicial    officer  of  state  to  influence  him  in  per- 
formance of  any  public  or  official  duty  to  be  guilty  of  bribery 
and   puni-hed    as  prescribed  by  law.      (Del.   II   22.) 
Any  person  who  •■shall  give,  demand,  offer",  any  money,  festi- 
val, privilege  or  personal   advantage,  or  thing  of  value,  to 
Mve  or  judical  , .nicer  to  influence  him  in  performance  of 
offiefal  or  public  duty,  to  be  guilty  of  bribery  and  punished 
'"•d    by    law.      (ST).    Hi    38.) 
i  who  offer-  or  gives  anv  sum  or  sums  of  money,  bribe. 
ird,  promise  or  any  other  thing  to  any  state  officer 
' '"'    in,rnf    f"    induce   such    Officer   to   appoint  any   person   to 


1  \1>KX     DlGKBBT  1  133 


PUBLIC  OFFICERS    (Cont'd) 
Bribery    (Cont'd) 

Bribery   of    Officer    (Cont'd) 

office,  to  vote  or  exercise  any  power  in  liim  rested,  or  perform 
any  duty,  shall  be  guilty  of  bribery  and  punished  as  prescribed 

by  Law.     (La.  L83.) 
Bribery  by  Officer 

Any  executive  or  judicial  officer  wlio  receives  or  consents  to 
receive  any  money  or  thing  of  value,  testimonial,  privilege  or 
personal  advantage  to  inlluciicc  his  action  in  performance  or 
nonperformance  of  public  or  official  duly,  to  be  guilty  of 
felony  and  punished  accordingly.      (Ark.  V 

Legislature  to  provide  by  law  for  punishment  by  fine  or  im- 
prisonment in  penitentiary,  or  both,  in  discretion  of  court, 
of  executive  or  judicial  officer  of  state  who  demands  or  re- 
ceives any  bribe,  fee,  reward  or  testimonial  Eor  performance 
of  official  duties  or  for  neglecting  or  failing  to  perform  them. 

(Md.  Ill  50.) 

Legislature  to  provide  by  law  for  punishment  by  imprisonment 
in  penitentiary  of  executive  or  judicial  officer  of  state  who 
demands  or  receives  from  any  corporation,  company  or 
person,  any  money,  testimonial  or  other  valuable  thing  for 
performance  of  official  or  public  duties,  or  for  refusing  or 
failing  to  perform  same.      (W.Va.  VI  45.) 

State  officer  receiving  money,  bribe,  present,  reward,  promise, 
contract,  obligation  or  security  from  person  offering  or  giv- 
ing it  with  intent  to  induce  or  influence  such  officer  to  ap- 
point any  person  to  office,  to  vote  or  exercise  any  power  in 
him  vested,  or  to  perform  any  duty,  shall  be  guilty  of  bribery 
and  punished  as  prescribed  by  law.      (La.   1S3.) 

Any  officer  under  laws  of  state  who,  except  in  payment  of  his 
le"-al  salary,  fees  or  perquisites,  receives  or  consents  to  re- 
ceive any  thing  of  value  or  personal  advantage,  or  promise 
thereof,  for  performing  or  omitting  to  perform  official  act,  or 
with  expressed  or  implied  understanding  that  his  official  ac- 
tion or  omission  to  act  is  to  be  influenced  thereby,  to  be 
deemed  guilty  of  felony  (this  provision  not  to  affect  validity  of 
existing  statute  in  relation  to  offense  of  bribery).      (N.Y.  XIII 

— ■ ) 

Civil  officer  who  solicits,  demands,  receives  or  consents  to  receive 
for  himself  or  for  another,  from  any  company,  corporation  or 
person,  any  money,  office,  appointment,  employment,  testi- 
monial, reward,  thing  of  value  or  enjoyment,  or  of  personal 
advantage  or  promise  thereof,  for  his  vote  or  official  influence 
or  action,  or  for  withholding  the  same,  or  with  understanding 
that  his  official  influence  or  action  shall  be  influenced  thereby; 
or  who  solicits  or  demands  any  such  money  or  advantage, 
matter  or  thing  for  another  as  consideration  of  vote,  official 
influence  or  action,  or  withholding  the  same,  or  who  gives  or 
I       -  withholds  his  vote,  official  influence  or  action  in  consideration 


1134  State  Constitutions 


PUBLIC   OFFICERS    (Cont'd) 
Bbibebx    (Cont'd) 

Bribery  by  Officer   (Cont'd) 

of  demand  or  promise  of  such  money,  advantage,  matter  or 
thing  to  another,  to  be  held  guilty  of  bribery  or  solicitation  of 
bribery  within  the  meaning  of  constitution  and  shall  incur 
disabilities  provided  thereby  and  such  additional  punishment 
a>  may  be  prescribed  by  law.  (Colo.  XII  6.) 
Executive  or  judicial  officer  who  solicits,  demands,  receives  or 
consents  to  receive  for  himself  or  for  another,  from  any  com- 
pany, corporation  or  person,  any  money,  appointment,  employ- 
ment, testimonial,  reward,  thing  of  value  or  employment,  or 
of  personal  advantage,  or  promise  thereof  for  vote  or  official 
influence,  or  for  withholding  same,  or  with  understanding 
that  his  vote  or  official  action  shall  be  influenced  thereby; 
or  who  solicits,  demands  and  receives  any  such  money  or 
advantage,  matter  or  thing  for  another  as  consideration  of 
vote  or  official  influence,  in  consideration  of  payment  or 
promise  of  such  money,  advantage,  matter  or  thing  to  another, 
to  be  held  guilty  of  bribery  within  the  meaning  of  constitu- 
tion, and  to  incur  disabilities  provided,  with  forfeiture  of 
office  and  such  other  additional  punishment  as  prescribed  by 

law.      (Tex.  XVI  41.) 
Prosecution 

and    juries,  legislature  to  require  judges  to  charge  specially. 

(Ala.  IV  81.) 
Expenses   of   prosecution   to   be   charge   against   state   and   pay- 
ment by  state  shall  be  provided  for  by  law.      (X.Y.  XIII  6.) 
Testimony 

Testimony  may  lie  compelled,  with  immunity  from  prosecution, 
except  for  perjury.     (La.  184;  Pa.  Ill  32;  Wash.  II  30;  Wyo. 

Ill   44.) 

Testimony  may  be  compelled,  with  immunity  from  prosecution. 

except  for  "bribery  in  giving. such  testimony".     (S.D.  Ill  28.) 

Testimony  of  person  having  knowledge  may  be  compelled,  with 

immunity   from    prosecution.      (Ariz.   II    10.) 
Testimony    of  person  offering  bribe  may  be  compelled   in  prose- 
cution   of   officers,   with   immunity   from   prosecution.      (X.Y. 

XIII  3.) 

timony  of  guilty  parly  against  another  with  immunity  from 

prosecution,  legislature  to  provide  for  compelling.      (Md.  Ill 

50;  W.Va.  VI  45.) 

mony  in  own  behalf  in  any  civil  or  criminal  prosecution  is 

permitted   to   any  person   charged   with   receiving  or   offering 

or  promising  a  bribe.     (X.Y.  XIII  4.) 
i   Sebvk  r.  See  Cnnt  Service, 
Comic  ro 

To  express  tenure  of  office.     (X.H.  IT  72.) 

rssued  by  governo*  in  case  of  officers  of  state.     (S.C.  IV  17.) 

led  by  governor  in  case  of  civil  officers  elected  or  appointed  pur- 
suant  to  constitution.     (X.J.  VII  Sec.  II  10.) 


Index  Digesi  1135 


PUBLIC  OFFICERS    (Cont'd) 
Commissions  to   (Cont'd) 

Issued  by  governor  in  case  of  officers  not  otherwise  provided  for  by 
law,      (Mo.  V  23;   Okla.  VI   13.) 

Issued  by  governor,  and  in  his  absence  by  lieutenant-governor,  in 
ease  of  officers  not  otherwise  provided  for  by  law  or  constitution. 

(Vt.    II    20.) 

Issued  in  name  of  state.      (W.Va.   II  S.) 

Issued  in  name  of  state,  sealed  with  state  seal  and  signed  by  gov- 
ernor.    (Del.  Ill  12;  Md.  IV  13;  Pa.  IV  22;  Tenn.  Ill  16.) 

Issued    in    name    of    state,    attested    by    governor    with    state    seal 

annexed.     I  Va.  V  75.) 

Issued  in  name  of  state,  sealed  with  state  seal,  signed  by  governor 
and  countersigned  by  secretary  of  state.  (Ala.  V  135;  Cal.  V*  14; 
Fla.  IV  14;  Ida.  IV  16;  Iowa  IV  21;  Kan.  I  9;  La.  83;  Mich.  \ "I 
12;  Mont.  VII  IS;  Nev,  V  16;  N.J.  VIII  3,  V  G;  JST.C.  HI  16; 
Ohio  III  13;  S.G.  IV  19;  Utah  VII  21.) 

Issued  in  name  of  state,  sealed  with  state  seal,  signed  by  governor 
and  attested  by  secretary  of  state.  (Ariz.  V  12;  Ark.  VI  10; 
Conn.  IV  11;  Ind.  XV  (5;  Me.  IX  3:  Mass.  Pt.  II  Ch.  VI  4;  Miss. 
V  127;  Mo.  V  23;  X.II.  II  85;  X.M.  V  11;  Okla.  VI  13;  Ore.  V 
18;   R.I.  VII  8;   Tex.  IV  20:   Vt.  II  22;   Wash.  Ill   15.) 

Compensation 
Amount 

Fixed   by   Laic 

To  be  fixed  by  law.      (Miss.  IV  103:  R.L  Amend.  XI   1.) 
To  be  fixed  by  law  if  not  by  constitution.      (Ohio   II   20; 

Ore.  XIII   1;   Tex.   Ill  44. 
Legislature  to  prescribe  by  general  law,  for  public  officers 
and  agents,  if  not   provided  for  in  constitution.      (W.Va. 

IV  S.) 
To  be  fixed  by  law.  in  case  of  state  officers.  (Utah  VII  20.) 
To  be  fixed  by  law.  in  ease  of  state  officers  whose  salary  is 

not  fixed  by  constitution.      (Fla.  Ill  27;   X.V.  X   9.) 
Legislature    may    fix    and    regulate    wages    or    salaries    of 

employees  of  state.      (N.Y.  XII  1.) 
Salary  to  be  fixed  by   law,  in  case  of  officers  of  executive 

department,    except    where    fixed    in    constitution.       (Va. 

V  83.) 
Salary  of   officers  in   state  and  of  clerk-  and  employees  of 

different  departments  of  state  to  be  fixed  by  law.      (Axk. 

XVI    4.) 
Compensation   of  state  officers    (except  as  provided   in   con- 
stitution)  and  of  clerks  and  assistants  to  be  as  prescribed 

by  law.     (Okla.  Sched.  17.) 
Legislature  to  fix  amount  of  salaries  not  fixed  by  constitu- 
tion   which   must    be   in    proportion    to    value    of    services 
rendered   and   duty  performed.      (Wyo.   XIV    1.) 
Maximum    Amount,    See   below,    this   subdivision,    Increase   OR 

Decrease. 


1136  Si  ate  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 
impensation    [Cont'd) 
Amount    [Confd) 

Increase  or  Decrease,  See  below,  this  subdivision,  Increase  or 

Decrease. 
Primate,  Local  or  Special  Laws 

Salary  not  to  be  affected  by  local  or  special  law.      (Cal.  IV 

25.) 

Salaries,  local  or  special  law  in  relation  to,  prohibited,  but 

laws  may  grade  compensation  in  proportion  to  population 

and  services  required.      (Ind.  IV  22.) 

Salary  not  to  be  created  by  local,   private  or  special  law. 

(Miss.  IV  90.) 

Salary  not  to  be,  or  authorized  to  be,  created,  during  term 

for  which  elected  or  appointed,  by  local,  private  or  special 

law.     (Va.  IV  63.) 
As    to    extra    compensation,    See    below,    this    subdivision, 

Extra. 
As   to    increase    or    decrease,    See    below,    this    subdivision, 

Increase  or  Decrease. 
In  relation  to  fees,  See  below,  this  title,  Fees  and  Emolu- 
ments. 
In  Case  Duties  Taken  Away 

When  duties  pertaining  to  office  taken  away  by  legislature 
salary  to  cease.      (Miss.  IV  10S.) 

Of  Deceased  Officers 

Legislature  not  to  authorize  payment  of  salary  beyond  date  of 
death.      (Ala.  IV  97;  Miss.  IV  92;  S.C.  Ill  32.) 
Expenses 

See  also  beloiv,  this  title,  Fees  and  Emoluments. 
Legislature  not  to  increase  expenses  of  any  office  by  appointing 

assistant  officials.     (La.  54.) 

Nn  officer  or  department  of  government  to  receive  any  amount 

from  treasury  for  contingencies  or  for  contingent  fund.      (La. 

56.) 

-\'u  allowance  for  incidental  expenses  of  state  officers  except  by 

general   appropriation,  and  on   account  specifying  each  item. 

(Nebr.   Ill   22.) 

Legislature  may  provide  for  actual  and  necessary  expenses  of 

state  officers  while  traveling  in  state  in  performance  of  official 

duty.     (Utah  VII  20.) 
Extra 

See  ajeo  below,  this  title,  Fees  and  Emoluments. 
In  General 

Prohibited  if  salary  fixed  by  constitution.      (N.Y.  X  9.) 
islature,  common  council  of  city,  or  board  of  supervisors 
not   to  grant  to  public  officer,   servant  or  agent.      (N.Y. 

Ill  28.) 


Index  Digest  1  1'IT 


PUBLIC  OFFICERS    (ConC<h 
Compensation    (Cont'd) 
Extra    (Con I'd) 

In  General   (Cont'd) 

Legislature,  county,  city,  boroogk,  town  or  school   district 
not  to  pay  or  grail*  to  p;il>li<-  officer,  empl  ent  or 

servant.       (Conn.    Amend.    \X1\'.) 
Legislature  not  to  grant  from  treasury  of  state  or  authorize 
to  be  granted  from  treasury  of  political   subdivision,  by 
local,  private  or  special  law,  to  public  officer,  servant  or 

agent.     (  \'a.  1\'  63.) 
Xo  greater  salary  or  fee  than  that   fixed  by  law  to  be  paid 
.  to   any   officer,  employee   or  other   perSOH   or   at    any    rate 
other  than  par  value.      (Ark.  XVI  4.) 

After  Services  Rendered 

XTot   to   be  granted   or   allowed  to   public   officer,   agent   or 

servant.      (W'.Va.  VI  3S.) 
Prohibited  to  officer  or  public  agent,  unless  allowed  by  two- 
thirds  of  members  elected   to  each  branch  of   legislature. 
(Iowa  III  31;   Ohio  II  29.) 
Prohibited  to  officer,  agent  or  employee  unless   allowed  by 
bill    passed    by   two-thirds    of    members    elected    to    each 
1. ranch  of  legislature.      (Ark.  V  27;    Fla.  XVI   11.) 
Legislature  not  to  grant  to  public  officer,  agent  or  servant. 
(Ariz.  IV  Pt,  II   17;   Nebr.  Ill   10;   X.M.    !\    27;    \\ 

!1    2,-i;    Wis.    IV  20.) 
Legislature  not  to  grant  to  public  officer,  agent  or  employee. 

(S.D.  XII   3.) 

Legislature  not  to  grant  to  public  officer,  servant,  agent  or 

employee.      (Colo.  V  28;   Mont.  V  2,9-,    Pa.   Ml    11:   Wyo. 

Ill  30.) 
Legislature  not  to  grant  or  allow  to  public  officer,  agent  or 

servant.      (Aid.  Ill  35.) 
Legislature  not  to  grant  or  authorize  to  public  officer  or 

agent.      (Ga.  VII  Sec.  XVI  2.) 
Legislature  or  municipal  authority  not  to  grant  or  author- 
ize to  public  officer,  agent  or  employee.      (Mich.  XVI  3.) 
Compensation,  fees  or  allowance  legislature  not   to  grant  to 
public  officer,  agent  or  servant.      (Miss.    i\    ;>t;;    s.< '.   Ill 

30.) 

Compensation,  fee  or  allowance,  legislature  not   to  grant  or 

authorize  to  public  pfficer,  agent  or  servant.     (111.  IV  19.) 

Compensation,  fee  or  allowance,  legislature  not    to  granl   or 

authorize    county    or    municipal    authority    to    grant    to 

public    pfficers.    servants    or    agents.       (Mo.    IV    -ts;    Tex. 

Ill  44,  53;   Utah  VI  30.) 
Compensation    or    allowance,    legislature    not     to    grant    or 
authorize    county    or    municipal    authority    to    grant,    to 
public  officer,   agent   or   servant.      (t'al.   IV   32.) 


1138  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 
(  u.M  PENSATION    (  Cont'd ) 
Extra    (Cont'd) 

After  Services  Rendered   (Cont'd) 

Compensation,  fee  or  allowance,  legislature  or  county  or 
municipal  authority  not  to  grant,  nor  shall  legislature 
authorize  or  require  county  or  municipal  authority  to 
grant,  to  public  officer,  servant,  employee  or  agent.    (Ala. 

IV  68.) 
To  Contractor,  See  Public  Contracts. 
Fees  and  Emoluments,  See  below,  this  title,  Fees  and  Emoluments. 
Increase  or  Decrease 
In    (i  intra  I 

Compensation    fixed    in    constitution    may   be   increased    or 

diminished  by  law.      (New  XV  9.) 
Salary  not  to  be  increased  or  decreased  by  local,  private  or 

special  law.      (Miss.  IV  90.) 
Salary  of  officers  or  employees  not  to  be  increased  in  general 

appropriation  bill.      (Ala.   IV  71.) 
Salary  of  officer  or  employee  of  state  not  to  be  increased  in 

general   appropriation  bill.      (Okla.   V   56.) 
Bill  for  increase  not  to  be  introduced  after  tenth  day  prior 
to  expiration  of  session,  except  by  unanimous  consent  of 

house.      (N.M.  IV   19.) 
When  office,  through  increase  of  fees  or  otherwise,  becomes 
so   profitable   as   to   occasion  many   to   apply   for   it,   the 
profit  ought  to  be  lessened  by  legislature.     (Vt.  II  57.) 
Of  Fees  or  Emoluments,  See  below,  tltis  title,  Fees  and  Emolu- 
ments. 
Extra    Compensation 

See  above,  tliis  subdivision,  Extra. 
See  below,  this  title,  Fees  and  Emoluments. 
After   Election    or  Appointment 

Salary  not   to  be  increased   or   decreased  after  election   or 
appointment.     (Colo.  V  30;  Mont.  V  31;  Pa.  Ill  13;  Wyo. 

Ill  32.) 

Salary    not   to   be   changed    after    election    or    appointment, 

unless  by  law  passed   prior   to  election   or   appointment. 

(Okla.  XXIII  10.) 

Salaries  of  officers,  except  circuit  judges,  not  to  be  increased 

and  salaries  of  officers  not  to  be  decreased  after  election 

or  appointment.      (Mich.  XVI  3.) 

Salary  not  to  be  diminished  after  election  or  appointment. 

(Del.  XV  4.) 
During  Term  of  Office 

Prohibited.     (Ariz.  IV  17;  Md.  Ill  35;  Nebr.  Ill  16;  N.M. 

IV  27;   S.D.  XII  3;   Wash.  II  25;   Wis.  IV  26.) 
Compensation  not  to  be  increased  or  decreased  during  term 
of  office;  not  applicable  to  allowances  to  officers  for  feed- 
ing, guarding  or  transferring  prisoners.     (Ala.  IV  68.) 


I.m.kx   Digest  1139 


PUBLIC  OFFICERS    [Cont'd) 
Compensation    (Cont'd) 

Increase  or  Decrease   (Cont'd) 

During  Term,  of  Office  [CorcPd) 

Salary   not   to   be   increased   or   decreased    during   term    of 

office.     (W.Va.  VI  38.) 

Salary  not  to  be  changed  during  term   of   office   unless   by 

law    passed    prior    to    election    or    appointment.       (Okla. 

XXII]   10.) 
Compensation  of    state   officer   not   to   be   increased    during 

term.      (Mo.   XIV  8.) 
During  Term  for   Which    Elected  or  Appointed 

Prohibited  during  term  for  which  elected.      (Ky.  235.) 
Prohibited  during  term  for  which  elected,   in   cast-  of  Btate 

officers.      (W'adi.  Ill  25.) 

Prohibited  during  term  for  which  elected  or  appointed,  in 

case  of  civil  office  of  profit  under  state.     (Ala.  XVII  2S1.) 

Prohibited  during  term  for  which  elected  or   appointed   in 

case  of  state  officers  named  in  constitution  whose  salary 

is  not  fixed  by  constitution.     (X.Y.  X  9.) 

Salary  of  officers  of  executive  department  not  to  be  increased 

or  decreased  during  term  for  which  elected  or  appointed. 

(Va.  V  S3.) 
Salary  not  to  be,  or  authorized  to  be,  increased  or  de 

during   term    for    which   elected   or    appointed,    by    local, 
private  or  special  law.      (Va.  IV  G3.) 
Affecting  Compensation  During  Continuance  in  Office 

Legislature   or   municipality   not   to    increase   compensation 
to  take  effect  during  continuance  in  office  of  person  whose 
salary  might  be  increased  thereby.    (Conn.  Amend.  XXIV.) 
Affecting    Compensation    During    Term 

Change  of  compensation   not  to  affect   salary  during  term. 

unless  office  abolished.  (Ohio  II  20.) 
Increase  or  decrease  prohibited  to  extent  that  it  affects 
salary  of  state  officer  during  term,  unless  vacancy  occurs, 
in  which  case  successor  to  receive  only  salary  provided  by 
law  at  time  of  election  or  appointment.  (Utah  VII  20.) 
Affecting   Compensation   During    Term   for   Which    Elected 

Compensation    fixed    in    constitution    may    be    increased    or 
diminished   by  law,  but  not   applicable   to   officer   during 
term  for  which  elected.      (Xev.  XV  9.) 
Deductions  for  Neglect   of  Duty 

Legislature    to    regulate    by    law    in    what    cases    and    what 

deductions  from  salaries  shall  be  made.      (Ark.   XIX  S.) 

Legislature  to  regulate  by   general   law   in   what    cases   and 

what   deductions   shall   be  made.      (Ky.   235.) 
Legislature  to    regulate    by    law    in   what  cases    and    what 
deductions  from  salaries  and  compensation  shall  be  made. 

(Ala.    IV  87.) 


U40  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 
(  OMPENSATION    (Cont'd) 

Increase  or  Decrease    (Cont'd) 

J hd uci ions  for  Xeylect  of  Duty    (Cont'd) 

Legislature  may  reduce  salaries.      (Kan.  XV  7.) 
From   salaries,  legislature  to  provide  for.      (Fla.   XVI   18; 

Miss.  IV  78;  Tex.  XVI  10.) 
Mn.rimum  Compensation 

Officers  of  state  not  to  receive  for  salary,  fees  and  per- 
quisites more  than  $5,000  net  profits  per  annum  in  par 
funds  and  all  sums  in  excess  of  this  amount  to  he  paid 
into  state  treasury  as  provided  by  law.  (Ark.  XIX  23.) 
Limited  (except  governor)  to  $5,000,  exclusive  of  legally 
authorized  deputies  and  assistants,  whose  compensation 
shall  be  fixed  and  provided  by  law;  legislature  to  provide 
penalties  for  violation,  one  of  which   shall   be  forfeiture 

of  office.      (Ky.  246.) 
Limited  to  $3,000  in  case  of  holder  of  office  created  by  or 
existing  under  constitution  or  laws  of  state,  except  where 
otherwise  provided  in  constitution.      (Md.  XV  1.) 

Payment 

Quarterly  for   state  officers.      (Utah  VII  20.) 
Salaries  payable  quarterly  on  his  own  requisition.     (Fla.  XVI  3.) 
Auditor  to  draw  warrants  quarterly  for  payment  of  salaries  of 
all    officers    under    constitution    whose    compensation    is    not 
otherwise  provided  for.     Paid  out  of  funds  not  otherwise  ap- 
propriated.    (Xebr.  XVI  25.) 
Xo  salary  or  fee  to  be  paid  at  any  other  rate  than  par  value. 

(Ark.  XVI  4.) 

Appropriation  for  officer  or  employee  not  to  be  made  in  general 

appropriation  bill  unless  employment  and   amount   of   salary 

have  already  been  provided  for  by  law.      (Ala.  IV  71.) 

Appropriation  for  salary  of  officer  or  employee  of  state  not  to 

be  made  in  general  appropriation  bill  unless  employment  and 

amount  of  salary  already  provided  for  by  law.     (Okla.  V  56.) 

Laws   making  appropriations  for  salaries  to  c6ntain  provisions 

on  no  other  subject.      (Fla.  Ill   30;   Ore.  IX  7.) 
Bills  making  appropriations  for   salaries   of  officers  of  govern- 
ment not  to  contain  provision  on  other  subject.      (W.Va.  VI 

42.) 
Of  Retired  Officers,  See  Pensions. 

Right   to 

>fficer    has    right    to    reasonable    compensation    if    called    into 

public  service  to  prejudice  of  private  affairs.      (Vt.   II  57.) 

No   man  or  set  of  men  entitled  to  exclusive  public  emolument 

beam  community.     (Conn.  I  1.) 

■e;  adds  "but  in  consideration  of  public  services".      (Ky.  3; 

N.C.  I  7;  Tex.  I  3;  Va.  I  4.) 


J.\i>KX     I  >1( .  i:s T  1111 


PUBLIC  OFFICERS    (Cont'd) 
Consolidation  of  Offices 

Whenever  practical,  legislature  may.   and   v.  tau -v.-r   it    can   be  done 
without  detriment  to  puhlic  service,  shall  consolidate  offices  and 
when  so  consolidated,  duties  of  additional  ottee  ta  be  performed 
under  an  ear  officio  title.      (Wyo.   \  I  V   &..) 
Contingent  Fund 

Xo  officer  or  department  of  government  to  receive  any  amount  from 
treasury  for  contingencies  or  for  contingent  fund.      (La.  56.) 
Corrupt  Solicitation 

See  also  above,  tMs  title,  Bribery. 

Of  (public  officers  of  state  and  occupation  or  practice  of  solicitation 
of  such  persons  to  influence  their  official  action,  to  be  defined  by 
law  and  to  be  punishable  by  fine  or  imprisonment.  (Colo.  V  12; 
Mont.  V  43;  Pa.  Ill  31;  Wash.  II  30;  Wyo.  Ill  45.) 
Of  public  officers  of  state  and  occupation  or  practice  of  solicitation 
of  such  persons  to  influence  their  official  action  to  be  defined  by 
law  and  punished  by  line  and  imprisonment  in  penitentiary.     (Ala. 

IV  81.) 

Of  public  officers  of  state  and  any  effort  toward  solicitation  of  such 

officers  to  influence  their  official  action,  to  he  defined  by  law  and 

punished  by  fine  or  imprisonment.      (S.D.  Ill  28.) 

Testimony  may  be  compelled,  witli  immunity  from  prosecution,  except 

for  perjury.     (Pa.  Ill  32;  Wash.  II  30;  Wyo.  Ill  44.) 
Testimony  may  be  compelled  with  immunity  from  prosecution  except 

for  "bribery  in  giving  such  testimony".      (S.D.  Ill  28.) 
Conviction  as  disqualification  for  office,  See  below,  this  title,  QUALI- 
FICATIONS and  Disqualifications. 
Criticism  of 

See  Freedom  of  Speech  and  Publication. 
See  Libel  and  Slander. 
Definition 

"An  office  is  a  public  position  created  by  the  constitution  or  law. 
continuing  during  the  pleasure  of  the  appointing  power  or  for  a 
fixed  time,  with  a  successor  elected  or  appointed.  An  employment 
is  an  agency,  for  a  temporary  purpose,  which  ceases  when  that 
purpose  is  accomplished."  (111.  V  24.) 
Deputies  and  Assistants 

Appointment  of  deputies  not  to  be  authorized  by  local  or  special  law. 

(Ky.  50.) 
Legislature  not  to  increase  expenses  of  any  office  by  appointing  as- 
sistant officials.     (La.  54.) 
Salaries  of   clerks   and   employees   of  different    department-   of   state 

to  be  fixed  by  law.     (Ark.  XVI  4.) 
Compensation   of   legally   authorized   deputies   and    assistants   to   be 

fixed  and  provided  by  law.     (Ky.  246.) 
Compensation   of  clerks  and   assistants  to  be  as   prescribed   by   law. 

(Okla.  Sched.  17.) 
Disqualifications,  See  belov,  this  title,  Qualifications  am.  Disquali- 
fications. 


1142  State   Constitutions 


PUBLIC  OFFICERS    [Cont'd) 
Dual  <>i  m  e  Holding 

Sec  also  Distribution  of  Powers. 

For  ineligibility  to  legislature,  and  prohibition  of  member  of  legisla- 
ture holding  other  office,  See  Legislature;  for  ineligibility  of  par- 
ticular officers  or  classes  of  officers,  See  the  specific  title. 

In  General 

Legislature  may  declare  what  offices  incompatible.      (Pa.  XII  2; 

Wyo.  VI  Elec.  7.) 

No  person  to  hold  at  same  time  more  than  one  lucrative  office; 

but  offices  in  militia  not  having  salary  not  deemed  lucrative, 

and  counties  of  under   1,000  polls  may  confer  office  of  clerk, 

recorder  and  auditor,  or  any  two,  on  same  person.      (Ind.  II 

9.) 

No  person  to  hold  or  exercise  at  same  time  more  than  one  office 

of  trust  or  profit,  except  that  of  justice  of  the  peace  or  notary 

public.     (La.  170.) 
No  person  to  hoid  more  than  one  lucrative  office  at  same  time 
except  as  in  constitution  expressly  permitted;   but  officers  in 
militia  to  which  no  annual  salary  attached,  and  office  of  post- 
master where  compensation  not  over  $100  not  to  be  deemed 

lucrative.      (Ore.  II  10.) 

No  person  to  hold  two  offices  of  honor  or  profit  at  same  time 

(not  applicable  to  officers  in  militia  or  notaries  public).     (S.C. 

II  2.) 
No  person  in  state  to  hold  more  than  one  lucrative  office  at 
same  time  (not  applicable  to  appointment  in  militia  or  to 
office  of  justice  of  peace).  (Tenn.  II  26.) 
No  person  to  hold  at  same  time  more  than  one  civil  office  of 
emolument,  except  tnat  of  justice  of  peace,  county  commis- 
sioner, notary  public  and  postmaster,  unless  otherwise  pro- 
vided  in   constitution.      (Tex.   XVI   40.) 

Office  in  This  State 

See  also  above,  this  subdivision,  In  General. 
Prohibited    in   case  of   offices   of   profit  under   this   state   except 
justices  of  the  peace,  constables,  notaries  public  and  commis- 
sioners of  deeds.     (Ala.  XVII  280.) 
No  person  to  hold  or  perform  duties  of  more  than  one  office  in 
same    department    of    government    at    same    time    except    as 
expressly  provided  by  constitution,  but  militia  officers,  officers 
f  public  schools  and  notaries  may  be  elected  to  fill  any  execu- 
tive or  judicial  office.     (Ark.  XIX  6,  26.) 
No    person    to   hold   at  same   time   more   than   one   of   following 
secretary    of    state,    attorney-general,    insurance    corn- 
slate  treasurer,  auditor  of  accounts,  prothonotary, 
clerk  of  the  peace,  register  of  wills,  recorder,  sheriff  or  coroner. 

(Del.  Ill   11.) 

i  person  to  hold  or  perform  functions  of  more  than  one  office 

'    of   this   state   at   same  time    (but  notaries 


I.\I)KX    JJlGEST  114:3 


PUBLIC  OFFICERS    {Cont'd) 

Dual  Office  Holding    (Cont'd) 
Office  in  This  State    (Cont'd) 

public,  militia  ollic.ers,  county  school  officers  and  commissioners 
of  deeds  may  be  elected  to  fill   any   legislative,  executive  or 

judicial  officer).     (Fla.  XVI  15.) 
No  person  (except  notary  public  and  officers  of  militia)   at  same 
time  to  be  state  officer  or  a  deputy  officer,  and  an  officer  or 
employee  of  municipality.      (Ky.   165.) 
No   person   to  hold   at  same  time   more   than   one   of   following 
offices:  justice  of  highest  court  or  any  inferior  court,  attorney- 
general,    county    attorney,    treasurer,    adjutant-general,    judge 
of  probate,  register  of  probate,  register  of  deeds,  sheriffs  or 
deputies,  clerks  of  courts.     (Me.  IX  2.) 
No  person  to  hold  at  same  time  more  than  one  olficc  of  profit 
created  by  constitution  or  laws  of  this  state.     (Md.  D.  R.  35.) 
No  person  to  hold   at  same  time  within  this   state  more  than 
one  of  the  following  offices:   judge  of  probate,  sheriff,  register 
of  probate,  register  of  deeds,  or  more  than  two  oilices  by  ap- 
pointment  of   governor,   or  governor   and   council,   or   senate, 
or  lower  house,  or  by  election  of  people  of  state  or  of  county 
(except  military  offices   and  office  of   justice   of   the  peace). 

(Mass.  Ft.  II  Ch.  VI  2.) 

Acceptance  of  office  in  either  of  legislative,  executive  or  judicial 

departments  "shall  of  itself   and  at  once"  vacate  office  held 

by  person  so  accepting  in  either  of  other  departments.     (Miss. 

I  2.) 

In  cities  or  counties  of  over  200,000  no  person  to  hold  state  and 

municipal  office;  not  applicable  to  notaries  public,  justices  of 

the  peace  or  militia  officers.      (Mo.   IX   18.) 

Officers   of   executive  department    ineligible   to   other   state   office 

during  period  for  which  elected.  (Nebr.  V  2.) 
No  person  to  exercise  at  same  time  more  than  one  of  the  follow- 
ing offices  within  the  state:  judge  of  probate,  sheriff,  register 
of  deeds,  or  more  than  two  offices  of  profit  held  by  appoint- 
ment of  governor,  or  governor  and  council,  or  legislature,  or 
superior  or  inferior  courts  (military  offices  and  offices  of 
justices  of  peace  excepted).  (X.I I.  11  93.) 
Person  holding  office  or  place  of  trust  or  profit  under  state  not 
to  hold  office  or  place  of  trust  or  profit  under  authority  of 
state  (not  applicable  to  officers  in  militia,  justifies  of  the  peace, 
commissioners  of  public  charities  or  commissioners  for  special 

purposes).      (X.C.  XIV  7.) 
Salary  or  compensation  not  payable  to  officer  or  agent  holding 
at  the  same  time  office  or  position  of  honor,  trusf    or  profit 
under  this  state,  except  as  prescribed   in   constitution.      (Tex 

XVI  33.) 
No  person  to  hold  at  same  time  more  than  one  of  following  offices: 
governor,   lieutenant-governor,   justice  of   highest    court,    treas- 
urer  member  of  legislature,  surveyor-general  or  sheriff.     (Vt. 

II  50.) 


U44  STAT]      '    UNSTITUTIOXS 


PUBLIC  OFFICERS    (Cont'd) 
Dual  Offn  e  Holding    (Contf 

Office  in  This   State    (Cont'd) 

No  person  tu  exereise  at  same  time  powers  of  more  than  one 
of    legislative,    executive    and   judicial   departments,    but   jus- 
tices  oi   the  peace  are  eligible  to  legislature.      (W.Va.  V   1.) 
United  States  Office 

Ste    also  above,   this  subdivision,  I>~  General. 
Person  holding  office  of  profit  under  United  States,  except  post- 
masters  whose   salaries   not  over   $200,   ineligible  to  office   of 
profit   under  this  state.      (Ala.  XVII  280.) 
Person    holding    lucrative    office    under    United    States     (except 
faeelns  in  militia  without  annual  salary,  local  officers,  or  post- 
masters whose  salaries  not  over  $500)   ineligible  to  civil  office 
(if  profit  under  this  state.      (Cal.  IV  20.) 
Member  of  congress  or  person  holding  office  under  United  States, 
except  "  officers  usually  appointed  "  by  courts  "  respectively  " 
ami  attorneys,  ineligible  to  "  office  of  profit  under  this  state", 
pt  judges  ad  litem.      (Del.  Ill  11,  IV  IS.) 
Person  holding  office  under  government  of  United  States  not  to 
hold  office  of  honor  or  profit  under  government  of  this  state. 

(Fla.  XVI  15.) 

Person   holding  office   of   honor   or   profit  under  government   of 

United    States,    except   postmasters   whose    salaries    not   over 

$300',  ineligible  to  office  of  honor  or  profit  under  authority  of 

this  state.      (111.  IV  3.) 

Member  of  congress  or  person  holding  office  of  trust  or  profit 

under  United  States,  ineligible  to  office  of  trust  or  profit  under 

constitution  or  laws.     (Ky.  237.) 

Member  of  congress  or  person  holding  office  of  trust  or   profit 

under  United  States  ineligible  to  office  of  trust  or  profit  under 

state.  (La.  164.) 
Person  holding  office  of  honor  or  profit  either  in  his  own  right 
or  as  deputy,  or  otherwise  acting  for  or  in  name  or  by  au- 
thority of  another,  under  government  of  United  States,  not  to 
hold  office  of  honor  or  profit  under  laws  or  authority  of  state, 
except   notaries,    commissioners    of    deeds    and   United    States 

commissioners.      (Miss.  XIV  266.) 

holding  office  of  profit  under  United  States  not  to  hold 

art   same  time  office  of  profit  under  this  state.      (Mo.  XIV  4.) 

Person  hoMrtfg  lucrative  office  under  government  of  United  States 

?ept  postmasters   whose  compensation  not   over   $500   and 

commissioners  of  deeds)   ineligible  to  civil  office  of  profit  under 

state.     (Nev.  IV  9.) 
i  holding  office  or  place  of  trust  or  profit  under  United 
or  any  department,  thereof  not  to  hold  office  or  place 
or  profit  under  authority  of  state   (not  applicable  to 
i  militia,  justices  of  the  peace,  commissioners  of  pub- 
licities  or   commissioners   for   special   purposes).      (X.C. 

XIV  7.) 


l.VDKX     I  )l<;r;*T  ]  I 


PUBLIC  OFFICERS    {Cont'd) 

Dual  Office  Holding    (Cont'd) 
United  States  Office   (Cont'd) 

Member  of  congress  from  slate  or  person  hofeiug  office  of  profit 
or  trust  under  laws  of  I  Hit  i-<  1  State*  n»1   t . .  held  office  of  tj 
or  profit  under  law-,  of  this  State.      M>lda.   11    12.) 
Member  of  congress  from  this  state  ot  person  holding  office  or 
appointment  of  trust  or  profit  under  United  States  ineligible 
to  office  in  state  to  which  salary,  fees  or  perquisites  are  at- 
tached.    (  Pa.  XII  2.) 
Person  holding  office  under  government   of  United  States  not   to 
act  as  ''general"  officer  unless  at  time  of  taking  oath  he  lias 

resigned  Bach  office.     (K.I.  IX  <;.) 

Member  of  congress,  or  person  holding  office  of  profit   or  trust 

under  United  States  ineligible  to  office  of  profit  or  trusl  under 

this  state.      (Tex.  XVI   12.) 

Salary  or  compensation  not  payable  to  officer  or  agent   holding 

at  same  time  office  ot  position  of  honor,  trust  or  profit  under 

United  States,  except  as  provided  in  constitution.      (Tex.  XVI 

33.) 
Person   holding  office  under  United  States   government    not    to 

hold  office  under  state  government.     (Utah  Yll   '23.) 
Person  holding  office  of  profit  or  trust  under  authority  of  (.in- 
gress ineligible  to  executive  office  under  this  state.     ( Yt.  II  50.) 
Member  of  congress  or  person  holding  office  of   profit   or  trust 
under  United  States  (postmasters  excepted)   ineligible  to  office 
of  trust,  prorit  or  honor  in  this  state.      (\Yis.  XIII  3.) 
Member  of  congress  from  this  state  or  person  holding  office,  or 
appointment  of  trust  or  profit  under  United  States  ineligible 
to  office  in  state  to  which  salary,  fees  or  perquisites  are  at- 
tached.    (\Yyo.  YI  Elections  7.) 
Office   Outside  State 

See  also  above,  this  suhrfiri.sion,  In  General. 
Person  holding  lucrative  office  under  any  power    (except  officers 
in  the  militia  without  annual   salary,   local   officers,   or   po 
masters  whose  compensation  not  over  $500)    ineligible  to  civil 
office  of  profit,  under  this  state.      (t'nl.  IV  20.) 
Person  holding  office  under  the  state  not  to  accept  office  or  title 

from  any  king,  prince  or  foreign  state.      (Del.  I  10.) 
Person    holding   office  under   any    foreign    government    or    under 
any  other  state  not  to  hold  office  of  honor  or  profit  under  gov- 
ernment of  this  state.      (Fla,  XVI   15.) 
Person  holding  office  of  honor  or  profit  under  any  foreign 
ernment  ineligible  to  office  uf  honor  or  profit  under  authority 

of  this  state.     (111.  IV  3.) 
Person  holding  office  of  trust  or  profit    under  any  state  or  for- 
eign power,  ineligible  to  office  of  trust  or  profit  under  con 

tut  ion  or  laws.      (Ky.  237.) 

Person  holding  office  of  trust  or  profit  under  any  state  or  foreign 

power  ineligible  to  office  of  trust  or  profit  under  state.      (La. 

lot.) 


114t;  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Dial  Office  Holding    (Cont'd) 
Office  Outside  State   (Cont'd) 

Person  holding  office  of  honor  or  profit  either  in  his  own  right 
ur  as  deputy,  or  otherwise  acting  for  or  in  the  name  or  by 
the  authority  of  another,  under  foreign  government,  not  to 
hold  office  of  honor  or  profit  under  laws  or  authority  of  state, 
except    notaries,   commissioners    of   deeds   and   United   States 

commissioners.      (Miss.  XIV  266.) 

Person  holding  lucrative  office  under  government  of  any  other 

power   (except  postmasters  whose  compensation  not  over  $500 

and  commissioners  of  deeds)   ineligible  to  civil  office  of  profit 

under  state.     (Xev.  IV  9.) 

Person  holding  office  or  place  of  trust  or  profit  under  other  state 

or  government  not  to  hold  office  or  place  of   trust  or  profit 

under  authority  of  state   (not  applicable  to  officers  in  militia, 

justices   of    the   peace,    commissioners    of   public    charities   or 

commissioners   for   special   purposes).      (X.C.   XIV   7.) 

Person  holding  office  of  trust  or  profit  under  laws  of  other  state 

not  to  hold  office  of  trust  or  profit  under  laws  of  this  state. 

(Okla.  II  12.) 
Person  holding  office  under  government  of  any  other  state  or 
country  not  to  act  as  "  general  "  officer  unless  at  time  of  tak- 
ing oath  he  has  resigned  such  office.  If  "  general  "  officer  ac- 
cepts appointment  under  any  other  government  his  office  under 
state  to  be  vacated.  (Xot  applicable  to  persons  appointed  to 
take  depositions  or  acknowledgment  of  deeds  or  other  legal 
instruments  by  authority  of  any  other  state  or  country.)    (R.I. 

1X6.) 
Person  holding  office  of  profit  or  trust  under  other  state  or  for- 
eign power  ineligible  to  office   of  profit  or  trust  under  this 

state.      (Tex.  XVI  12.) 

Person  holding  office  of  profit  or  trust  under  any  foreign  power 

ineligible  to  office  of  trust,  honor  or  profit  in  this  state.     (Wis. 

XIII  3.) 
Election 

As  to  whether  elected  or  appointed,  if  method  not  prescribed  in  con- 
stitution, See  beloio,  this  title,  Selection. 

list  of  officers  elected  by  the  legislature,  See  Legislatube. 
As   to  a  particular  officer  or  class  of  officers,  See  the  specific  title. 
As  to  elections  generally,  See  Elections. 
For  a  list  of  officers  appointed  by  governor,  See  Governor. 
N  r 
•If t ure  not  to  employ  any  one  in  name  of  state,  unless  author- 
ized by  pre-existing  law.     (Tex.  Ill  44.) 
I.    :  VBL1  -ii  Ml  vi    OF   '  i!  PI( 

a  below,  this  title,  Selection. 
Appointments,  See  above,  this  title,  Appointment. 
Election,  ST<  •   Ei  e<  tions. 

ire  to  have  no  power  to  create  permanent  state  office  not 
ly  provided  for  by  constitution.     (Ark.  XIX  9.) 


Index  Digest  1147 


PUBLIC  OFFICERS    (Cont'd) 

Establishment  of  Offices   (Cont'd) 

No  executive  state  office  (other  than  governor,  lieutenant-governor, 
secretary  of  state,  auditor,  treasurer,  superintendent  of  public 
instruction,  attorney-general,  commissioner  of  public  lands  and 
buildings,  which  are  provided  for  in  constitution)  to  be  continued 
or  created,  and  duties  of  other  existing  officers  to  be   performed 

by  above.     (Nebr.  V  1,  26.) 
Legislature  may  provide  for  such  state  officers   (other  than  secretary 
of  state,  auditor,  treasurer  and  superintendent   of  public  instruc- 
tion, who  are  provided  for  in  constitution)    as  are  deemed  neces- 
sary.    (Wyo.  IV  11.) 
No  bill  creating  or  establishing  a  new  office  1"  '»■   pa        1  except  by 
vote  of  majority  of  all  members  elected  to  each  house  by  yeas  and 
nays  and  names  of  members  entered  on  journal.     (Va.  IV  50.) 
Bill  for  creation  of  lucrative  office  not  to  be  introduced  after  tenth 
day  prior  to  expiration  of  session,  except  by  unanimous  consent  of 

the  house.     (N.M.  IV  19.) 
Number  of  clerks  and  employees  of  different  departments  of  state  to 

be  fixed  by  law.     (Ark.  XVI  4.) 
For  inspection,  weighing,  etc.,  See  Inspection. 

Expenses,  See  above,  this  title,  Compensation. 

Fees  and  Emoluments 

See  also  above,  this  title,  Compensation. 

Prohibition  on  Receiving 

See  also  above,  this  title,  Compensation-— Extra. 
State  officers  (except  notaries  public)  to  be  paid  fixed  and  definite 
salaries   and   not  to   receive   fees   for   their   own   use.      (Ariz. 

XXII  17.) 
Officer  whose  salary  fixed  by  constitution  not  to  be  allowed  fees 
or  perquisites  of  office  except  as  otherwise  provided  in  consti- 
tution.     (La.   180.) 

Compensation,  fees,  allowance,  or  emoluments  other  than  salary 
prohibited  in  case  of  officers  of  state.      (N.M.  XX  !>.) 

Fees,  perquisites  or  compensation  other  than  salary,  not  to  be 
received  to  own  use  by  state  officer  named  in  constitution  whose 
salary   is  not  fixed  by  constitution.      (N.Y.   X   !'.) 

State  officers  not  to  receive  fee  as  counsel,  agent  or  attorney  in 
prosecution  of  claim  against  state.     (Ore.  XV  7.) 

State  officers  to  receive  compensation  fixed  by  law,  in  full  for  all 
services  rendered  in  official  capacity  or  employment  during 
term  of  office;  state  officers  not  to  receive  fees  for  performance 
of  official  duties;  all  state  officers  (except  notaries  public 
boards  of  arbitration,  court  commissioners)  to  be  paid  fixed 
and  definite  salaries.     (Utah  VII  20,  XXI  1.) 

Wilful  receipt  of  greater  fees  than  law  allows  to  disqualify  from 
holding  office  in  stale,  until  restored  by  law.      (Vt.   11   .">7.> 

State  officers  except  notaries  public,  boards  of  arbitration  and 
court   commissioners,   to   be   paid    fixed    and    definite    Balaries. 

(Wyo.  XIV  1.) 


1J4>  -      \M      C(  INSTITUTIONS 


PUBLIC   OFFICERS    (Cont'd  i 

mi  Emoluments   i  Cont'd) 
Regulation  by  Law 

-  ..t  officer^  in  state  to  be  fixed  by  legislature,  and  no  greater 
Salary  or  fee  than  that  fixed  by  law  to  be  paid  to  any  officer, 
emplovee  <>r  other  person  or  at  any  rate  other  than  par  value. 

(Ark.  XVI  4.) 
Legislature  by  uniform  law  to  regulate  fees  of  state  officers  so  as 
to  reduce  to  reasonable  compensation  for  services  actually  ren- 
dered ;  counties  may  be  classified  by  population  into  not  more 

than  three  classes.     (111.  X  12.) 
Legislature  to  provide  what  fees  shall  be  collected  by  officers 

within  state.     (Utah  XXI  2.) 
Fees,  costs  and  charges  not  to  be  regulated  by  law  not  applicable 

to  all  counties  in  state.      (Miss.  IV  91.) 
Fees,  commissions  or  allowances  not  to  be  regulated  by  law  not 
applicable  to   all   counties    (this   provision   not   applicable   to 
Jefferson   county).      (Ala.   IV   96,   Amend,   of    1912.) 
Fees  not  to  be  affected  by  local  or  special  law.      (Cal.  IV  25.) 
Fees  of  state  officers  not  to  be  regulated  by  local  or  special  law. 

(Fla.  Ill  20.) 

Local  or  special  law  in  relation  to  fees  prohibited  but  laws  may 

grade  compensation  in  proportion  to  population  and  services 

required.     (Ind.  IV  22.) 
Creation  by  Special  Law 

See  also  above,  this  subdivision,  Regulation  by  Law. 
Fees    or   emoluments   not    to    be    created    by    private,    local    or 

special  law.      (Miss.  IV  90.) 

Fees,  percentages  or  allowances   not  to   be   created  by  private, 

local   or   special   law.      (Ala.    IV    104;    Colo.   V   25;    Ky.   59; 

Mont.  V  26;  X.M.  IV  24;  N.D.  II  69;  Wyo.  Ill  27.) 

Pero  ntage  or  allowance  not  to  be  created  during  term  for  which 

elected  or  appointed,  by  private,  local  or  special  law.      (X.J. 

IV  Sec.  VII  11.) 

l-'e, >g,  percentages  or  allowances  not  to  be  created  during  term 

for  which   electee!   or   appointed,   by   private,   local   or   special 

law.      (Ida.  Ill   19;   111.   IV  22;   Nebr.  Ill   15;    S.D.  Ill  23; 

Utah  VI  26.) 
Same;   unless  bill  or  amendment  reported  by  commissioners  to 

revise  statutes.     (N.Y.  Ill  18,  23.) 

.  percentages    or  allowances  not  to  be,  or  authorized  to  be, 

created  during  term  for  which  elected  or  appointed,  by  private, 

local  or  special  law.      (Va.  IV  63.) 
Maximum  Amount  of  Fees  and  Compensation,  See  above,  this  title, 

SAXION  -r-  INCREASE    OR    DECREASE. 

Expenses,  Bet   above,  litis  title,  Compensation. 

:ra  Compensation  or  Allowance,  Sec  above,  this  title,  Compensa- 
tion. 


I>di:\    l)n,i>r  1149 


PUBLIC  OFFICERS    (Conf.h 

Fees  and  Emoluments    [Cont'd) 

Giving  Receipt  for 

Officer  not  to  receive   fees  wit  hunt   giving   receipt,   if   required, 

specifying  every  item  and  charge,      (l)t-l.   XV   2.) 

Time  for  Collection 

Of  fees,  percentages  or  allowances  nut  to  be  extended  by  local 

T  ~  or  special  law.      (Kv.  59.) 

Increase  or  Decrease 

In  General 

Fees,  percentages  or  allowances  not  to  be  increased  or  de- 
creased by  private,  local  or  special  law.  (Ala.  IV  104; 
Colo.  V  25;   Ky.  59;   Mont.  V  26;   X..M.    IV   24;    X.l).    [1 

69;  Wyo.  Ill  27.) 
Fees   or  emoluments  not  to  be   increased    or   decreased   by 
local,   private   or   special   law.      (Miss.    i\"    9 
After  Election  or  Appointment 

Emoluments  not  to  be  increased  or  decreased  after  election 
or  appointment.      (Colo.  V  30;   Mont.  V  31;   Pa.   Ill   13; 

Wyo.   Ill   32.) 

Emoluments  «ot  to  be  changed  after  election  ur  appointment 

unless  by  law  passed   prior  to  election   or   appointment. 

(Okla.  XXI II  10.) 
Emoluments  not  to  be  diminished  after  election  or  appoint- 
ment.    (Del.  XV  4.) 
During  Term  of  Office 

Legislature  not  to  increase  or  decrease  fees  during  term  of 
office   (not  applicable  to  allowances  for  feeding,  guarding 
or  transferring  prisoners).      (Ala.  IV  68.) 
Increase   of   fees   of   state   officers   prohibited   during   term. 

(Mo.  XIV  8.) 

Emoluments  not  to  be  changed  during  term  of  office,  unless 

by  law  passed  prior  to  election  or  appointment.      (Okla. 

XXIII  10.) 
During  Term  for  Which  Elected  or  Appoint''! 

Fees  not  to  be  increased  or  decreased  during  term  for  which 
elected  or  appointed,  in  case  of  civil  office  t<i  profit  under 

state.     (Ala.  XVI]  281.) 
Percentage  or  allowance  not   to  be   increased   or  decreased 
during    term    for    which    elected    or    appointed,    by    local, 
private  or  special  law.     (X..T.  IV  Sec,  VII   11.) 
Fees,    percentages    or    allowances    not    to    be    increased    or 
decreased  during  term  for  which  elected  or  appointed,  by 
local,  private  or   special   law.      (Tda.   Ill    1!>;    111.    IV   22; 
Nebr.  Ill  15;   S.D.  Ill  23;   It  ah  VI  26 
Same;  unless  bill  or  amendment  reported  by  commissioners 

to  revise  statutes.     (X.V.  Ill   18,  23.) 

Fees,  percentages  or  allowances  not  to  1>e.  ur  authorized  to 

be,  increased  or  decreased  during  term   fur  which  elected 

or  appointed,  by  lucal.  private  ur  special  law.     (Va.  IV  63.) 


1  i  ;,i  i  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Fees  and  Emoluments   (Cont'd) 
Accounting  for 

(//.so  above,  this  title,  Accounts. 
Officers  of  state  not  to  receive  for  salary,  fees  and  perquisites 
more  than  $5,000  net  profits  per  annum  in  par  funds,  and  all 
sums  in  excess  of  this  amount  to  be  paid  into  state  treasury 

as  prescribed  by  law.      (Ark.  XIX  23.) 
Every   person   elected   or   appointed   to   office   in   state,   paid   in 
whole  or  in  part  by  fees,  to  be  required  by  law  to  make  semi- 
annual report  under  oath  to  officer  designated  by  law,  of  all 

fees  and  emoluments.  (111.  X  13.) 
Holders  of  office  created  by  or  existing  under  constitution  or 
laws  of  state  (except  justices  of  the  peace,  constables  and 
coroners),  or  persons  holding  appointment  under  any  court 
of  state,  whose  pay  or  compensation  is  derived  from  fees  or 
money  coming  into  their  hands  for  discharge  of  official  duties, 
or  connected  with  office,  shall  keep  book  in  which  shall  be 
entered  every  sum  of  money  received  as  payment  or  compensa- 
tion for  performance  of  official  duties;  copy  of  such  entries 
verified  by  oath  of  officer  to  be  returned  yearly  to  comptroller 
for  his  inspection  and  that  of  legislature,  to  which  comptroller 
shall  at  each  regular  session  make  reports  showing  what 
officers  have  complied  with  this  provision;  when  amounts 
received  by  "any  officer  for  the  year  exceed  sum  fixed  by  law 
as  salary  or  compensation,  and  for  expenses,  he  shall  annually 
pay  to  treasurer  such  excess,  subject  to  such  disposition  as 
legislature  may  direct;  if  officer  fails  to  comply  for  thirty 
days  after  expiration  of  each  year  of  his  office,  governor  shall 
declare  office  vacant  and  vacancy  to  be  filled  as  in  other  cases 
of  vacancy,  and  officer  to  be  subject  to  suit  by  state.      (Md. 

XV  1.) 
Fees  payable  by  law  for  services  performed  by  officer  of  executive 
department  to  be  paid  into  treasury  in  advance.     (Nebr.  V  24.) 
Fees  fixed  by  law  for  performance  of  official  duty  by  state  officer 
to  be  collected  in  advance  and  deposited  quarterly  with  treas- 
urer to  credit  of  state;   state  officers  required  by  law  to  keep 
account  of  all  fees  collected  and  pay  same  into  treasury,  and 
officer  whose  duty  it  is  to  collect  the  fees  to  be  responsible 
therefore  under  his  bond.     (Utah  VII  20,  XXI  2.) 
State   officers   to   be   required   by   law   to   keep   account   of   fees 
collected  and  to  pay  them  into  treasury  when  collected  and  to 
be  responsible  under  bond  for  neglect  to  collect.     ( Wyo.  XIV  2.) 
I  in'  slties  or  Judgments  Against 

Not  to  be  remitted  by  law.     (KM.  IV  25.) 
Fri.i    i"\     i:s,  etc. 

Railroad    or    other    transportation    company   or   corporation   not   to 

or  sell  tickets  or  passes  at  a  discount  other  than 

Bold    to    public    generally,    to   member    of    legislature    or    any 

(.Hir.r  exercising  judicial  functions  under  laws  of  state;    and   if 


Index  Digest  1151 


PUBLIC  OFFICERS    (Cont'd) 
Free  Passes,  Etc.    (Cont'd) 

such  member  or  officer  receives  pass  or  ticket  for  himself  or  pro- 
cures it  for  another,  to  be  guilty  of  misdemeanor  and  fined  nol 
over  $500  and,  at  discretion  of  court,  imprisoned  not  exceeding 
six  months  and,  on  conviction,  subject  to  impeachment  and  re- 
moval from  office;  courts  to  charge  grand  juries  specially  and 
when  evidence  sufficient  to  authorize  indictment  grand  jury  musl 
present  true  bill;  court  in  county  through  which  member  or 
officer  transported  by  use  of  prohibited  pass  or  ticket  to  have 
jurisdiction  of  case,  but  only  one  prosecution  for  same  offense; 
but  successive  prosecutions  may  be  had  for  different  uses  of  same 
pass  or  tickets  (not  to  prevent  member  of  legislature  who  is 
bona  fide  employee  at  time  of  election  from  accepting  or  procuring 
for  himself  or  another  not  member  of  legislature  or  officer  exer- 
cising judicial  functions,  a  free  pass  over  railroads  or  other 
transportation  company  or  corporation  by  which  he  is  employed). 

(Ala.   XII   244.) 
Unlawful  for  person  holding  public  office  in  state  to  accept  or  use 
pass  or  purchase  transportation  from  railroad  or  other  corpora- 
tion  other   than    as   may   be   purchased   by   general    public.      Not 
applicable  to  members  of  national  guard  traveling  under  orders. 

(Ariz.  IV  Pt.  II  23.) 

Legislature  to  prevent  by  law  granting  of  free  passes  by  railroad  or 

transportation  company  to  legislative,  executive  or  judicial  officer 

of  Mate.  (Ark.  XVII  7.) 
No  railroad  or  other  transportation  company  to  grant  free  passes 
or  passes  or  tickets  at  discount  to  person  holding  office  of  honor, 
trust  or  profit  in  state,  and  acceptance  of  such  pass  or  ticket  by 
member  of  legislature  or  public  officer,  other  than  railroad  com- 
missioner, shall  work  forfeiture  of  office.  (Cal.  XII  19.) 
Transportation  company  or  common  carrier  not  to  grant  free  pass 
or  discount  fare  paid  by  public  generally  to  member  of  legislature 
or  salaried  officer  of  state,  and  legislature  to  enforce  by  suitable 

penalties.      (Fla.  XVI   31.) 

No   railroad,    steamboat   or    other    common    carrier,    under    penaltj 

fixed  by  law,  to  give  free  pass  or  sell  tickets  at   reduced   rates  not 

common  to  public,  to  state  officer  or   member    of   legislature   or 

judge,  and  any  such  person  accepting  or  using  free  pass,  etc..  to 

forfeit  office,  (Ky.  L97.) 
No  member  of  legislature  or  public  officer  to  ask,  demand,  accept, 
receive  or  consent  to  receive  for  own  use  or  benefit,  or  for  use  or 
benefit  of  another  any*  free  pass,  free  transportation,  franking 
privilege  or  discrimination  in  passenger,  telegraph  or  telephone 
rates  from  any  person,  or  make  use  of  same  for  himself  or  in 
conjunction  with  another.  Violation  forfeits  office  at  suit  of 
attorney-general  or  district  attorney  and  to  be  subject  to  further 
penalty  prescribed  by  law;  penalties  on  corporation  or  officer  for 
giving;  testimony  may  be  compelled,  with  immunity  from  civil 
or   criminal   prosecution.      (La.    101.) 


1152  State  <  oxmhttioxs 


PUBLIC  OFFICERS    (Cont'd) 

.  e  Passes,  Etc.   (Cont'd) 

railroad  or  other  transportation  company  shall  grant  free  passes 
at  tieketa,  or.  passes  or  tickets  at  discount,  to  members  of  legis- 
lature or  members  of  board  of  equalization,  or  any  state  officer; 
acceptance  to  be  forfeiture  of  oilice.      (Mo.  XII  24.) 

nation  company  to  grant  free  passes  or  tickets  or  pass 

tickets   at   discount,   to  members  of   legislature  or   any  state 

officers  !   railroad  commissioners.      (Miss.  VII  188.) 

•  riior.  member  of  state  board  of  equalization,  or  of  corporation 

ii,  judge  of  holiest  or  district  court,  district  attorney, 

during   term    ot'    oilice   not   to    accept,   hold    or   use   free   pass    or 

purchase,    cecewre  oar   accept   transportation   over   railroad  within 

:c.  for  himself  or  family  on  terms  not  open  to  general  public, 

and   person    convicted   of   violation   to   forfeit   office,   be  guilty   of 

felony  and  on  conviction  punished  by  fine  of  not  more  than  $1,000 

or   by   imprisonment  in  penitentiary   not  less   than   one   or   more 

than  five  years.     (N.M.  XX  14.) 
No    public    offices    or   person   elected    or   appointed    to   public    office 
under  laws  of  state  shall  ask,  demand,  accept,  receive  or  consent 
to    receive    for   use  or  benefit   of  himself   or   of   another,   any   free 
pass,   free  transportation,  franking  privilege  or  discrimination  in 
passenger,   telegraph    or   telephone    rates,    or   make   use    of    same 
himself    or    in    conjunction    with    another;    violation    to    be    mis- 
demeanor and  office  forfeited  at  suit  of  attorney -general.     Corpora- 
tion or  its  agent  offering  or  promising  such  pass,  etc.,  to  be  guilty 
of  misdemeanor   and   liable   to   punishment;    testimony   of    person 
giving  pass,  etc.,  may  be  compelled  with  immunity  from  prosecu- 
tion.     (N.Y.  XIII  5.) 
Oath  of  office  of  member  of  legislature   and  of   judicial,   state  and 
comity  officers  to  contain  promise  not  to  receive,  use  or  travel  on 
free   pass    or   free   transportation   during   term   of   office.      (OKla. 

XV  1.) 
No  transportation  or  transmission  company  doing  business  in  state 
to  gran*   to  member  of  legislature  or  to  state  officer    (except  to 
ibers  and  officers  of  state  corporation  commission  for  personal 
■   while  in   office)    any  frank,   free  pass,   free  transportation   or 
t<-   or   reduction    in    rates   charged    to   general    public    for    like 
•rvices.      Offending    company    punished    by    law    and    member    of 
legislature  or  officer  who,  while  in  office,  accepts  any  gift,  privi- 
lege  op   benefit   prohibited;   shall   forfeit   office   and   be  subject   to 
other  penalties  prescribed  by  law.     (Va.  XII  161.) 

&oIding  public  office   in   state  not  to  accept  or  use  pass  or 
rchase  fcransportatidri  from  corporation  except  as  may  be  pur- 
chased by  general   public;      (Wash.  TI  39.) 

transportation  company  hot  to  grant)  free  passes  or  sell 
ot   passes  a1    a   discount  other  than  as  sold  to  public  gen- 
to   any   member   of   legislature   or   person   holding   public 
office   in  state.     (Wash.  XII  20.) 


]  M)i:.\     I  >IGEST  1  I  53 


PUBLIC  OFFICERS    (Cont'd) 
Free  Passes,   Etc.   (Cont'd) 

If  incumbent  of  office  or  position  under  constitution  01  laws  (excepl 
railroad  commissioner  and  his  deputy  in  discharge  of  duty)  a 
or  accepts  free  pass  or  frank  or  privilege  withheld  from  an\ 
person,  for  traveling  accommodation  or  transportation  of  any 
person  or  property  or  transmission  of  message  or  communication, 
his  office  shall  become  vacant.  (Wis.  Mil  11.) 
Hereditary  Offices 

See  also  Hereditary  Distinctions. 
No  office  or  place  to  be  hereditary.      (X.II.  I  9.) 
Declared  to  be  absurd  and  unnatural.      (Mass.  Pt.  I  G.) 
Offices  of  magistrate,  legislator  or   judge  ought  not  to  be  hereditary. 

(Va.   I   4.) 
Hours  of  Labor,  See  Labor  —  Public  Work. 
Impeachment,  See  Impeachment. 

Invalid  Acts,  See  belof,  this  title,  Unauthobized  ob  Invalid  Acts. 
Investigation  of 

Governor,  except  during  session  of  legislature,  to  examine  into  con- 
dition and  administration  of  public  offices.     (Mich.  IX  7.) 
Governor,   at   any  time,  may   appoint  committee   to   investigate   and 
report  to  him  on  condition  of  executive  office  or  state  institutions. 
(Ida.  IV  S;  Mont.  VII  10;  Utah  VII  5.) 
Grand    jury    in    each    county    at    least    once    a   year    to    investigate 
official  acts  of  officers  having  charge  of  public  funds,   and  report 
in   writing   to   court.      (Mo.   XIV    11.) 
Orders,   votes    and    resolutions   of   both   houses   relating   to,   not    to 
require  signature   of  governor.      (Miss.  IV  60.) 
Liabilities  to  State 

See  also  below,  this  title,  Misconduct  in  Office. 
On  bond,  See  above,  this  title,  Bonds. 

No   public   officer   to  be  released  from  debt  or   liability  due   state. 

(WAa.  VI-  38.) 
Fines,  penalties  or  judgments  against,  not  to  be  remitted  by  law. 

(X.M.  IV  25.) 
Libel  of,  See  Libel  and  Slander. 
Misconduct  in  Office 

Bribery,  See  above,  this  title.  Bribery. 

Corrupt  Solicitation,  See  above,  this  title,  Cobbupt  Solicitation. 
Deductions  from  Salary  for,  See  above,  this  title,  Compensation'. 
As  Disqualification,  See  below,  this  title,  Qualifications  and  Dis- 
qualifications. 
Impeachment  for,  See  Impeachment. 
Lobbying 

State  officer,  during  term  of  office,  not  to  accept  any  fee,  money, 
office,  appointment,  employment,  reward  of  tbing  of  value. 
personal  advantage  or  promise  thereof  to  lobby  for  or  against 
measure  pending  before  legislature,  or  to  give  or  withhold  his 
influence   to   secure   passage   or   defeat   of   any   stub   measure. 

(Ala.  IV  101.) 

37 


±154  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Misconduct  in  Office  (Cont'd) 

Prohibition  of  Legalizing  Invalid  Acts,  See  below,  this  title,  Unau- 
thorized and  Invalid  Acts. 

Public  Moneys,   Misuse  of 

Duty  of  governor  to  suspend  alleged  defaulting  state  and  county 
treasurers  and  defaulting  tax  collectors  pending  investigation 
of  accounts  and  to  make  temporary  appointments  to  fill  offices 
during  investigations.     Legislature  to  provide  for  enforcement 

of  this  provision.  (Miss.  V  125.) 
When  governor  notified  by  affidavit  that  officer  having  custody 
of  public  or  trust  funds  is  probably  guilty  of  embezzlement,  he 
shall  direct  immediate  prosecution  by  proper  officers  and  on 
indictment  governor  shall  suspend  him  and  appoint  successor 
until  acquitted  by  jury.  In  case  of  conviction  office  to  be 
declared  vacant  and  vacancy  filled  as  provided  by  law.      (S.C. 

IV  22.) 

Legislature  may  provide  for  suspension  of  public  officials  charged 

with   collection   of   public   money   when   they   fail   to   account. 

(La.  182.) 
Breaches  of  trust  and  duty  by  custodians  of  public  funds,  legis- 
lature to  provide  for  investigation,  and   for  suspension  from 
office  on   reasonable  cause  shown  and  for  appointment  of  tem- 
porary incumbents.     (Tex.  IV  25.) 
Legislature  to  provide  for  punishment  of  embezzlement  or  defal- 
cation of  public  moneys  as  a  felony.     (Cal.  IV  21;  Nev.  IV  10.) 
Legislature   to    pass    laws    for    making   embezzlement   of    public 
money  a   felony,    punishment  by   fine   and   imprisonment  pro- 
portioned   in    amount    to   deficiency    or    embezzlement.      (S.C. 

X  12.) 
If  officer  or  person  charged  with  safe-keeping,  transfer  or  dis- 
bursement of  state  and  school  funds  or  any  part  thereof,  con- 
verts to  his  own  use  or  loans  with  or  without  interest,  or 
deposits  in  his  own  name,  or  otherwise  than  in  the  name  of 
the  state,  or  deposits  in  banks  or  with  any  person,  or  exchanges 
for  other  funds  or  property,  any  portion  of  such  funds,  except 
in  manner  prescribed  by  law,  to  be  guilty  of  embezzlement  and 
of  a  felony,  and  failure  to  pay  over,  produce  or  account  for 
said  school  funds  or  any  part  thereof  entrusted  to  him,  as 
by   law   required   on   demand,   to   be   prima   facie   evidence   of 

embezzlement.      (Minn.  IX  12.) 

'''    hibition  of  imprisonment  for  debt  arising  out  of  or  founded 

on  breach  of  contract,  not  to  apply  to  cases  of  moneys  collected 

by  public  officers.     (Mich.  II  20.) 
Public  Moneys,  Making  Profit  Out  of 

Making  of  profit  out  of  public  moneys  or  using  same  for  pur- 
poses not  authorized  by  law  to  be  felony  and  punished  as 
provided  by  law.     (Mont.  XII  14;  Utah  XIII  8.) 


I  M)i:.\     ]  >!(.!  -I  1  1  55 


PUBLIC  OFFICERS    (Cont'd) 

Misconduct  in  Office   (Cont'd) 

Public  Moneys,  Making  Profit  Out  of   [Con I'd) 

Making  of  profit  out  of  public  money  ur  using  sam<  for  pur- 
poses not  authorized  1 » \  law  by  offici  r  of  state  to  be  punished 
as  provided  by  law.    (Ark.  \\  1  3j   Pa,  IX   14.) 

Making  of  profit  out  of  public  moneys  or  using  same  for  pur- 
pose not  authorize']  by  law.  by  public  officer,  to  be  felon;  and 
punished  as  prescribed  by  law.     (N.M.  VIII  4,  1914.) 

Making  of  profit  out  of  public  money,  or  using  ii  for  purpose 
not  authorized  by  law,  by  officers  having  possession  or  control 
of  it,  to  be  felony  and  prosecuted  and  punished  as  provided  by 

law.     (Cal.  XI   17;  Wash.  XI   14.) 

Making  of  profit  out  of  state,  county,  city,  town  or  scl 1  dis- 
trict money  or  using  the  same  for  purposes  rto1  authorized  by 
law  by  public  officer  to  be  felony  and  punished  as  provided  by 
law.      (Colo.   X   13;    Ida.   VII    10;    S.D.    XI    11.) 

Making  of  profit  out  of  state,  county,  city,  town  or  Bchool  dis- 
trict money  or  other  public  fund  or  using  the  same  for.  pur- 
poses not  authorized  by  law  by  public  .nicer  to  be  felony  and 
punished  as  provided  by  law.      (Wyo.   XV   8.) 

Receiving  by  officer  of  state  of  interest,  profit  or  perquisite  from 
use  or  loan  of  public  funds  in  hands  ,>••  money-  to  I"-  raised 
through  his  agency  for  state  or  county  purposes,  to  be  felony 
and  punishable  as  prescribed  by   law.      (Ga.  VII    Sec.    IX    1.) 

Receiving  by  officer  of  state  of  interest.  profH  or  perquisite 
arising  from  use  or  loan  of  public  funds  in  h\-  bands  or 
moneys  to  be  raised  through  his  agency  for  state,  city,  town, 
district  or  county  purposes,  to  be  felony  and  punished  as  pre- 
scribed by  law.  (Ky.  173:  Okla.  X  11.) 
Prosecution  for 

Civil  officers  (except  governor,  lieutenant-governor,  secretary  of 
state,  comptroller,  treasurer,  attorney-general,  surveyor-general, 
chief  justice  and  assistant  justices  of  supreme  court,  judges 
of  district  court  of  appeals  and  judges  of  superior  courts)  to 
be  tried  for  misdemeanor  in  office  as  legislature  may  provide. 

(Cal.  IV  IS.) 

Civil  officers  (except  governor,  judges  of  the  highest  court  and 
district  courts  and  other  state  officers)  to  be  tried  for  mis- 
conduct and  malfeasance  in  office  as  legislature  may   provide. 

(Iowa  III  20.) 

For  wilful  neglect  of  duty  or  misdemeanor  in  office  liable  to 
presentment  or  indictment  by  grand  jury,  and  upon  conviction 
removed  from  office  and  otherwise  punished   as  prescribed  by 

law.      (Miss.    VI    17."..  i 

Incompetency,  corruption,  malfeasance  or  delinquency  in  office 
may  be  tried  in  same  manner  as  criminal  offenses  and  judg- 
ment may  be  of  dismissal  from  office  and  further  punishment 

as  prescribed  by  law.     (Ore.  VII  6.) 


11.  State  Constitutions 


PUBLIC  OFFICERS    [Cont'd) 

Mis<  oxdu<  i   i.n  Office   ( Cont'd) 
Prosecution  for   [Cont'd) 

Civil  officers  I  other  than  governor,  judges  of  highest  court,  judges 
of  interior  courts,  chancellors,  attorneys  for  state,  treasurer, 

c ptroller   and   secretary   of   state)    liable  to  indictment  for 

crimes  and  misdemeanors  in  office  in  such  courts  as  legislature 
may  direct  and  on  conviction  shall  be  removed  from  office  by 
court   as  if  found  guilty  of  impeachment,  and  subject  to  other 
punishment  as  prescribed  by  law.      (Tenn.  V  5.) 
Recall  for,  See  Recall  of  Public  Officers. 
Removal  for,  See  below,  this  title,  Removal. 

Oath  of  Office 

See  also  below,  this  tifle,  Qualifying  of. 
Of  Whom  Required 

All  officers.      (Ky.  22S;  La,  161;  X.C.  VI  7;  S.C.  Ill  26;  Tex. 

XVI  1.) 
Every  person  elected  or  appointed  to  office.      (Iowa  XI  5;  X.M. 

XX   1;   W.Va.  IV  5.) 

Officers  elected  or  appointed  to  office  in  state  except  judges  and 

members  of  legislature   (as  to  exceptions,  S-ee  "Legislature" 

and  "Courts  —  Judges"),    (Miss.  XIV  268.) 

Every  person  chosen  or  appointed  to  office  under  state.      (Ohio 

XV  7.) 
Every   person  elected  or   appointed  to  office  under  constitution. 

(Ind.  XV  4;  Ore.  XV  3.) 
Officers  made  elective  or  appointive  by  constitution  or  laws  in 

pursuance  thereof.     (Utah  IV  10.) 

Every   person   chosen   or   appointed   to   office   of   trust   or   profit 

under  constitution  or  law  made  in  pursuance  thereof.      (Tenn. 

X  1.) 
livery  person  elected  or   appointed  to  office  in  state  except  in- 
ferior offices  exempted  by  law.      (S.  D.  XXI  3.) 
Persons  elected  or  appointed  to  places  or  offices  provided  in  con- 
stitution, and  persons  elected,   appointed  or  commissioned  to 
office  under  state.     (Me.  IX  1.) 
Slate  officers.      (Kan.  II   7;   Okla.  XV  1;    Pa.   VII   1;    Wyo.  VI 

Elections  8.) 
Officers  of  state.     (Fla.  XVI  2.) 

Executive  officers.      (Ala.  XVI  279;    Conn.   X   1;   Xebr.  XIV   1; 

Va.  II  34.) 
Executive  officers,  except  inferior  officers  exempted  by  law.     (Cal. 

XX   3;   Del.  XIV;  X.V.  XIII  1;  Wis.  IV  28.) 
Executive    officers,    except    such    as    may    be    exempted    by    law. 

(Mich.  XVI  2.) 
Executive  officers  in  authority  under  state,  except  such  as  may 
be  exempted  by  legislature.      (Vt.  II  52.) 

utive  and  ministerial  officers.      (Mont,  XIX  1;   Xev.  XV  2 

1914.) 


I  MUX     I  )k.i.>t  1  1  5  i 


PUBLIC  OFFICERS    [Cont'd) 
Oath  of  Office    (Cont'd) 

Of  Whom  Required    (Cont'd) 

Civil  officers,  except  members  pf  legislature  and  such  inferior 
officers  as  may  be  exempted  by  law.  (As  to  membei  •■/  legis- 
lature, See  ."  Legislature".     (Colo.  Ml  8;   ill.  VV25.) 

Civil  and  military  officers.     (Ark.  X  I  \   20.) 

Civil  and  military  officers  under  authority  of  state.      (Mo.  XIV 

6.) 

Officers  created  by  Art.  V    (governor,  lieutenant-governor,  s< 
tary   of   state,   auditor,    treasurer.,    attorney-general,    state    li- 
brarian, notaries  public).      (Minn.  V  8.) 

In  Massachusetts,  governor,  lieutenant-governor,  councillors,  mem- 
bers of  legislature  and  persons  "  appointed  ox  commissioned  " 
to  any  office  under  government,  to  lake  oath  to  perform  duties 
(Ft.  II  Ch.  VI  1)  ;  and  every  person  "  chosen  or  appointed  "  to 
civil  or  military  office  under  government,  to  take  oath  of  al- 
legiance to  state  and  to  support  constitution  of  state 
(Amend.  VI)  ;  but  legislature  may  prescribe  forms  of  oaths 
and   affirmations   for   civil    and   military   officers   of    the    state 

(Pt.  II  Ch.  I  Sec.  I  4). 

In  New  Hampshire,  governor,  councillors,  members  of  legislature 
and  military  or  civil  officers,  except  town  officers,  to  take  oath 
of  allegiance  to  state  and  oath  to  support  constitution  of  state 
and  to  perform  duties  of  office  Ml  83);  bui  legislature  may 
prescribe  forms  of  oaths  and  affirmations  for  civil  and  military 

officers  of  state    (II  5) . 

In  Rhode  Island,  "general"  officers  to  take  oath   of   allegiance 
to  state  and  to  perform  duties  faithfully    I  l\  3)  ;  and  ihe\    as 
well  as  all  civil  and  military  officers  to  lake  oath  to  support 
constitution  of  state  and  of  United  States    I  IX  4). 
Contents 

Support  constitution  of  United  Slates  and  of  state.  (Ala.  XVI 
279;  Ark.  XIX  20;  Cal.  XX  3;  Colo.  XII  8;  Conn.  X  1  •.  Del. 
XIV;  Fla,  XVI  2;  111.  V  25;  Ind.  XV  4;  Iowa  XI  5;  Kan.  II 
7;  Ky.  228;  La.  161;  Me.  TX  1:  Md.  I  6;  Midi.  XVI  2;  Minn. 
V  8;  Miss.  XIV  268;  Mo.  XIV  ti :  Mont.  XIX  I  ;  Nebr.  XIV  1  ; 
Nev.  XV  2  (1914);  N.M.  XX  1;  N.Y.  XIII  1;  X.C.  VI  7: 
Ohio  XV  7;  Okla.  XV  1;  Ore.  XV  3;  Pa.  VII  1;  ILL  IX  4; 
S.C.  Ill  26;  S.D.  XXI  3:  Tenn.  X  1:  Tex.  XVI  1:  Utah  IV  10; 
Vt.    II   52;    Va.   II   34;    YV.Va.    IV   5;    Vis.    |  V   28;    Wyo.   VI 

Elections   B.) 

Support  constitution  of  state.     (Mass.  Amend.  VI  ;  X.II.  II 

Allegiance  to  state.  (Ky.  228;  Md.  I  6;  Mass.  Amend.  VI; 
Nev.  XV  2    (1914)  ;   K.II.  II  83;   Vt.   II   52.) 

Allegiance  to  state   (for  "genera!  "  officers).      (L.I.  IX  3.) 

Support  laws  of  state.  (Fla.  XV]  2;  La.  161;  Md.  1  6;  Miss. 
XIV  268;  Nev.  XV  2  (1914)  :  N.M.  XX  1;  XV.  VI  7.) 

S'.ipport  laws  of  United  Stales.  (Fla.  XVI  :.' ;  La.  161:  Miss. 
XTV  268;  Nev.  XV  'J   (1914)  ;  XV.  V!   7.) 


1158  State  Constitutions 


PUBLIC  OFFICERS    {Cont'd) 
Oath  of  Office    (Cont'd) 
Contents    {Cont'd) 

Qualified  to  hold  office.     (Fla.  XVI  2;  Miss.  XIV  268;  S.C.  Ill 

26.) 
Perform  duties  faithfully.  (Ala,  XVI  279;  Ark.  XIX  20;  Cal. 
XX  3;  Colo.  XII  8;  Conn.  X  1;  Del.  XIV;  Fla.  XVI  2;  111.  V 
25;  Ind.  XV  4;  Iowa  XI  5;  Kan.  II  7;  Ky.  228;  La.  161;  Me. 
IX  1;  Md.  I  6;  Mass.  Pt.  II  Ch.  VI  1;  Mich.  XVI  2;  Minn. 
V  8;  Miss.  XIV  268;  Mo.  XIV  6;  Mont.  XIX  1;  Xebr.  XIV 
1;  Xev.  XV  2  (1914)  ;  N.H.  II  83;  N.M.  XX  1;  N.Y.  XIII  1; 
N.C.  VI  7;  Ohio  XV  7;  Okla.  XV  1;  Ore.  XVI  3;  Pa.  VII  1; 
S.C.  Ill  26;  S.D.  XXI  3;  Tenn.  X  1;  Tex.  XVI  1;  Utah  IV 
10;  Vt.  II  52;  Va.  II  34;  W.Va.  IV  5;  Wis.  IV  28;  Wyo.  VI 

Elections  8.) 

Perform  duties  faithfully  (for  "general"  officers).     (R.I.  IX  3.) 

Have  not  bribed  to  secure  office.     (Mont.  XIX  1;  Xebr.  XIV  1; 

Okla.  XV  1;   Pa.  VII   1;   Tex.  XVI  1;   Wyo.  VI  Elections  S.) 

Have  not   bribed  to   secure   office    (for   elective  officers).      (Del. 

XIV;  N.Y.  XIII  1.) 
Will  not  receive  bribe.     (Mont.  XIX  1;  Xebr.  XIV  1;  Okla.  XV 

1;   Pa.  VII   1;   Wyo.  VI  Elections  8.) 
Have  not  violated  election  laws.      (Mont.  XIX   1;   Okla.   XV   1; 

Pa.  VII    1;    Wyo.   VI   Elections   8.) 
Have  not  engaged  in  dueling.      (S.C.  Ill  26;  Tex.  XVI  1.) 
Have  not  engaged  in  dueling,  unless  pardoned  after  five  years. 

(Ky.   228,   240.) 
Will  not  engage  in  dueling.      (S.C.  Ill  26.) 
Will  not  receive  free  pass.     (Okla.  XV  1.) 

In  Massachusetts,  governor,  lieutenant-governor,  councillors,  mem- 
bers of  legislature,  and  persons  "  appointed  or  commissioned  " 
to  any  office  under  government,  to  take  oath  to  perform  duties 
(Pt.  II  Ch.  VI  1)  ;  and  every  person  "  chosen  or  appointed  "  to 
civil  or  military  office  under  government,  to  take  oath  of  al- 
legiance to  state  and  to  support  constitution  of  state  (Amend. 
VI)  ;  but  legislature  may  prescribe  forms  of  oaths  and  affirma- 
tions for  civil  and  military  officers  of  the  state.      (Pt.  II  Ch. 

I  Sec.  I  4.) 
In  New  Hampshire,  governor,  councillors,  members  of  legislature 
and  military  or  civil  officers,  except  town  officers,  to  take  oath 
of  allegiance  to  state  and  oath  to  support  constitution  of  state 
and  to  perform  duties  of  office  (II  83)  ;  but  legislature  may 
prescribe  forms  of  oaths  and  affirmations  for  civil  and  military 

officers  of  state  (II  5). 

In   Rhode  Island,  "general  "  officers  to  take  oath  of  allegiance  to 

state  and  to  perform  duties  faithfully    (IX  3);   and  they  as 

well  aa  all  civil  and  military  officers  to  take  oath  to  support 

constitution  of  state  and  of  United  States  (IX  4). 


!m>i\    Digest  1159 


PUBLIC  OFFICERS    (Cont'd) 

Oath  of  Office    (Cont'd) 

Affirmation  Allowed 

Generally  allowed,  except  as  listed   below.      (For  citations,  Bee 

under  preceding  subhead  "CONTENTS  "). 

Must  "take  oath".     (Tenn.  X  1.) 

For  Quakers.     (Mass.  Pt.  II  Ch.  VI  I,  Amend.  8.) 

For  Quakers  and  "persons  scrupulous  of  swearing".     I  X.I!.    IT 

83  ) 
Exclusiveness  of  Oath  Prescribed  by  Constitution 

Legislature  not  to  prescribe   any  other   than    one   prescribed    in 

constitution.     (Md.  D.Ii.  37.) 

No   other   to  be   required    than    one    prescribed    in    constitution. 

(111.  V  ir,-  \v.\  a.  IV  5.) 

No  other  than  one  prescribed  in  constitution  to  be  required  fur 
any  office  or  trust.      (Mont.  XIX   1.) 

No  other  than  one  prescribed  in  constitution  to  he  required 
for  any  office  or  public  trust,     (Cal.  XX  3;  Mich.  XVI  2 :  XI). 

XYIi  211.) 

No  other  than  one  prescribed  in  constitution  to  In'  required  for 
any  office  of  public  trust.     (Del.  XIV;   X.V.  XIII    1.) 

No  other  than  oath  of  allegiance  and  of  office  prescribed  in  con- 
stitution  to  be  required  of  governor,  lieutenant-governor,  coun- 
cillor or  member  of  legislature.     I  Mass.  Amend.  VI!.) 

No    political    test    other   than    oath   to    support    constitution    of 

United  States  and  of  state  to  be  required   for  office  or  public 

trust  under  state.     (Tenn.  I  4.) 
Administration 

By    person    authorized    to    administer    oaths.       (Ala.    XVI    279; 

Okla.  XV  2;  Pa.  VII  1;  Wyo.  VI    Elections  0.) 
By  any  judge  or  justice  of  the  peace  until  legislature  otherwise 

directs.      (Wis.  XIV   15.) 
To  officers    (except  governor,  councillors  and   members  of  legis- 
lature)   in  manner  prescribed  by  law.      (Me.  IX   1.) 
To  officers  (except  governor  and  members  of  legislature)   in  man- 
ner prescribed  by  law.     (N.H.  IT  84.) 
To  officers  (except  governor,  lieutenant-governor,  councillors  and 
members  of  legislature)    in  manner  prescribed  by  law.      I  Mass. 

Pt.  TI  Ch.  VI  1.) 

Officer   elected   or   appointed    in    pursuance   of   the   provisions   of 

constitution   may  qualify   according  to  existing   provisions  of 

law  in  relation  to  officers  under  present  constitution  or  before 

erovernor  or  before  am  clerk  of  court  of  record.     (Md.  XV  10.  | 

Filing 

Filed  by  officers  of  executive  department   in  office  of  secretary  of 

-tate.     (Colo.  XIT  9.) 

Filed  by  state  officers   and   judges  of  highest    court   in   office  of 

secretary  of  state  ami  by  other  judicial  and  county  officers  in 

office  of  clerk   of  county   in   which   taken.      (Okla.    XV   2;    Pa. 

VIT  1:  Wyo.  VI 1  Elections  9.) 


1160  State  Constitutions 

PUBLIC  OFFICERS    (Cont'd) 

Oath  op  Office   (Cont'd) 
Filing    (Cont'd) 

Filed  with  county  clerk  of  county  in  which  elected,  except  in  case 
of  officers  of  executive  department  and  judges  of  highest  and 
district  courts  and  district  attorneys.  (Colo.  XII  9.) 
If  officer  qualifies  out  of  county  in  which  he  resides,  official  copy 
of  oath  to  be  filed  and  recorded  in  clerk's  office  of  circuit  court 
of  county  of  residence  or  in  clerk's  office  of  superior  court  of 
Baltimore  if  he  resides  there.  (Md.  XV  10.) 
Failure  to  Take 

Forfeits  office.     (Md.  I  7;  Xebr.  XIV  1 ;  Okla.  XV  2;  Pa.  VII  1; 

Wyo.  VI  Elections  9.) 
Effect  of  Falsity  or  Violation 

False  oath  or  violation  of  oath  to  be  perjury,  and  on  conviction 

to  disqualify  from  holding  office  of  trust  or  profit  in  state. 

(Okla.  XV  2;    Pa.  VII   1;   Wyo.  VI  Elections  9.) 

False  swearing  or  violation  forfeits  office  and  disqualifies  from 

holding   office  of  profit  or  trust  in  state  unless   restored  to 

civil  rights.     (Nebr.  XIV  1.) 
Conviction    of    violation    of,    disqualifies    for    holding    "  office   of 

profit  or  trust  in  this  state".    (Md.  I  7.) 
Kecall  for  violation  of,  See  Recall  of  Public  Officers. 

Passes,  See  above,  this  title,  Free  Passes,  etc. 
Pensions,  See  Pensions. 
Powers  and  Duties 

To  be  defined  by  law.      (Miss.  IV  103.) 

Legislature    to    prescribe    by    general    law,    for    public    officers    and 

agents,  if  not  provided  for  in  constitution.      (W.Va.  IV  8.) 
Legislature  to  fix  powers  and  duties  of  all  state  officers  not  other- 
wise provided  for  by  constitution.      (Fla.  Ill  27.) 
Of  civil  and  military  officers  of  state,  legislature  to  prescribe.     (Mass. 

Pt.  II  Ch.  I  Sec.  I  4;  X.H.  II  5.) 

Officers  provided  by  law  and  constitution  in  whom  executive  authority 

of   state  vested  to   perform   duties   designated   in   constitution   or 

prescribed  by  law.'     (Okla.  VI  1.) 
Civil  officers  to  be  conservators  of  the  peace  and  be  vested  with  ample 

power  as  such  by  law.     (Miss.  VI  167.) 

Jurisdiction   and   duties   of   any   class   of   officers,   except   municipal 

officers,  not  to  be  regulated  by  local  or  special  laws.     ( Fla.  Ill  20. ) 

No   person   to   be   exempted,   relieved   or   discharged   by   special   law 

from  duties  or  services  imposed  by  general  law.     (Tex.  XVI  43.) 

No  person  to  be  exempted  from  civil  duty  by  local,  private  or  special 

law.     (Ala.  IV  104;  Miss.  IV  90:) 
Person    elected   or   appointed   to    office   or   employment   of   trust   or 
profit  under  laws  of  state,  to  give  personal  attention  to  duties  of 

office.     (Okla.  II  11.) 
Prohibition  of  legalizing  invalid  acts,  See  below,   this  title.  Unau- 
thorized or  Invalid  Acts. 


lm-i.x    LUGES  i  J  t ;  1 


PUBLIC  OFFICERS    (Cont'd) 

Powers  and  Dim,  /-,/, 

Nonperformance  of  duties  as  diaqualificatio) 

Qualifications   ami    Disqiai.h  km  „,n         p  Dl 

Presents 

"Person  in  public  trust"  not  to  receive  fi 

or  from  United  States  or  any  stale,  will I  con 

Public  Contracts,  Interest  in, 
Qualifications  and  Disquauficatio 
Accounting  for  Public  Moneys 
See  also  below,  this  sv 

Collector  or  holder  of  public  monej   or  assistant   01    deputj    in- 
eligible to  office  of  trust  or  profit   until  hi  I  for 

all 
Person  convicted  of  embezzlement  or  defalcation  of  publ 

of  United  States  or  of  any  state  or  of  any  county,  01    munici- 
pality  therein,   ineligible   to   office   of   honor,   tn 

under  this  state.     (C*l    l\    21 
Collector  or  receiver  of  public  tnonej  or  hia  deputj 
ineligible  to  office  of  trust  or  profit  in  the  state  under  tit.-  lavri 
thereof  until  he  has  accounted   for  all  sum-.      (Colo.   Ml 
Holder  of  public  money  contrary  to   law.   ineligible 

state  until  he  has  accounted  for  all  sums.     i<;a.  II  Se<     l\ 
Collector  or  holder  of  public  money-  ineligible  t"  office  of  ] 
or  trust  in  state  unless  he  has  accounted   for  all  I  111. 

IV    I:    I.. u.i   II! 
Collector  or  ladder  of  public  moneys  Ineligible  to  ofl 

or  profit   until  he  has  accounted   for  all   sums.      (Ind.    II    1"; 

II    11  i 

Collector  of  taxes  or  person  entrusted  with  public  mi 

ble  to  office  of  honor.  iru-t  pr  profil   undi 

until  he  has  obtained  discharge,     i  La.  182 
Collector,  receiver  or  holder  of  public  money  ineligible  I 

of  profit  or  trust  under  this  state  until  he  has  ■  for 

all  -urn-.      (Md.   Ill    12.) 
Collector,  receiver  or  ladder  or  public  money,  oi    i 

deputy,   ineligible   to  office  of  trusl    or   profit    in 

laws  thereof  until  he  has  accounted  for  all  sum-.     I  Mo.  I  I 
Collector,  holder  or  disburser  of  public  moneys  ineligible 

of  trust  or  profit  under  this  state  until  be  h- 

all  sum-.        Mi<  h    N 

Person  liable  as  principal    for   public  moms-   untceoui 
ineligible  to  office  of  profit  or  trust  until  he  hat 

all  -um-        Miss    !\ 

Collector  or  custodian  of  public  uwnej   or  prop 
default  ineligible  to  office  of  trust  or  profit  undei 

or   lav. 


1162  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Qualifications  and  Disqualifications   (Cont'd) 
Accounting  for  Public  Moneys  (Cont'd) 

Collector  or  holder  of  public  money  ineligible  to  office  under 
state  government  until  be  has  accounted  for  all  sums.     (Tenn. 

II  25.) 
Collector  of  taxes  or  holder  of  public  moneys  ineligible  to  office 
of  profit  or  trust  under  state  government  until  he  obtains  dis- 
charge.    (Tex.  Ill  20.) 
Collector  or  holder  of  public  money  ineligible  to  office  of  honor, 
trust  or  profit  in  state  until  he  has  accounted  for  all  sums. 

(W.Va.  VI  14.) 
Defaulter  to  United  States,  this  state,  or  county  or  town  therein, 
or  state  or  territory  within  United  States,  ineligible  to  office 
of  trust,  profit  or  honor  in  this  state.     (Wis.  XIII  3.) 

Anarchistic  Doctrines  as  Disqualification 

Person  belonging  to  organization  Avhich  teaches  or  advises  that 
laws  of  state  prescribing  rules  of  civil  conduct  are  not  supreme 
law  of  state,  ineligible  to  civil  office.      (Ida.  VI  3.) 

Bribery  as  Disqualification 

See  also  beloiv,  this  subdivision,  Corrupt  Solicitation  as  Dis- 
qualification. 
See  also  below,  this  subdivision,  Elections,  Offenses  Concern- 
ing as  Disqualification. 
Conviction  bars  from  office  of  trust  or  profit  in  state.     (Ala.  IV 

60;  Ark.  V  8,  III  6.) 
Conviction  of  giving  or  offering  bribe  to  procure  election  or  ap- 
pointment, to  bar  from  office  of  profit  in  this  state,  and  laws  to 
be  made  to  exclude  from  office  persons   convicted  of  bribery. 

(Cal.  XX  10,  11.) 
Conviction  of  bribery  or  solicitation  of  bribery  bars  from  office 

of  trust  or  profit  in  the  state.      (Colo.  XII  4.) 
Conviction  bars  from  office  of  trust,  honor  or  profit  under  this 

state.      (Del.  II  21.) 

Laws  to  be  made  to  exclude  from  civil  or  military  office  of  honor, 

power,  trust  or  profit  in  state  persons  convicted  of.      (Fla.  VI 

5.) 
Conviction  bars  from  office,  or  appointment  of  honor  or  trust  in 

state,  unless  pardoned.     (Ga.  II  Sec.  II  1.) 
Conviction   of   selling  or  purchasing  vote  bars   from  civil   office 

unless  restored  to  rights  of  citizenship.      (Ida.  VI  3.) 
Conviction  bars  from  office  of  trust  or  profit  in  state.      (111.  IV 

4.) 

Person  who  gives  or  offers  bribe,  threat  or  reward  to  procure 

own  election,  barred  from  office  during  term  for  which  elected. 

(Ind.  II  6.) 
Person  who  gives  or  offers  bribe  to  procure  own  election  disquali- 
fied from  holding  office  during  term  for  which  elected;  person 
guilty  of  giving  or  receiving  bribe  or  offering  to  give  or  re- 


I  mux    DlGESl  11< 


PUBLIC  OFFICERS    [QonV 

QUALIFICATIONS    AND    DlSQl    \l.n  |.   m  ,. 
Bribery  as  Disqualification   (Cont'd) 

ceive  bribe  ■'"'  ' Id  office  in  state  until  dii 

by  law  passed  bj    vote  of  two-thi 
houses  of  legislature,     i  Kan.   \ 
Conviction  of  briber]    to  procure  own  - 
of  school  trustees  and  i    I 
bars  from  office  of  tmsl  or  profll 

Convict  imi  bars  from  anj  ofl 

If   any   person    gives   or   offers    to   give    bri 
ward,   or    promise,    01    security,    foi    | 
money   or  any   other   thing   to   induo 
cast  Lng  vote  or  prevent  him  from  1 
or  if  any   person   receives   the   Bame   bi      h  J 
be  disqualified  from  holding  office  • 
latnre  may  remove  disqualification  from  I 
to  place  penalties  foi    purchase  of  votes  on    1 
Person  convicted  of  bribing  or  attempt 
or  judicial  officer  of  Btate  or  men 
or  of  municipal  corporation    in   state,  01 
such  corporation,  in  order  to  influence  him  11 
official  duties,  and   any   such   officer  or   n 
demanding  or  receiving  bribe,  fee  or  reward,  01 
performance   of   official   duties    oi     for    neglecl 
same,  disqualified  from  holding  offi 

1  \!d.  I  3,  III 

Conviction  of  bribery  or  corruption  in  obi 

pointment  bars  from  office  of   1 1 1 1 — t    or   import 
government  of  this  state.     (Mass.  Pt.  II  Ch.  VI 

Legislature  may  exclude  from  beii 

Conviction  bars  from  office  of  profll  »nvi< 

giving  or  offering  bribe   to   secure  office   for   Inn 
other  person  liars  from  office  of  truai  '   undei 

Conviction  of  giving  or  offering  bribe  to  1 
pointment.  or  of  receiving  bribe  to  aid  in  procurcit 
for  other  person,  liars  from  office  of  pn 

Conviction    bars    from    office    under    constitution 
viction  of  bribery  or  corruption   in  obtaining  1 
pointment  bars  from  office  of  hum   ot  importance  m 

government.      (N.I  I.    I    11,    1 1    I 
Legislature   may    exclude    from    being    el< 

Person    who   gives    or    offers    bribe,    thr< 
cure  own   election,  barred   from   ofl 


1164  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Qualifications  and   Disqualifications    (Cont'd) 
Bribery  as  Disqualification   (Cont'd) 

Conviction  bars  from  office  of  trust  or  profit  in  state;  person 
convicted  of  offering,  giving  or  promising  money  or  thing  of 
value,  testimonial,  privilege  or  personal  advantage  to  execu- 
tive or  judicial  officer  or  member  of  legislature  to  influence 
him  in  performance  of  public  or  official  duties,  to  be  disquali- 
fied from  holding  office  or  position  of  honor,  trust  or  profit 
in  state;  person  guilty  of  bribery  while  a  candidate  for  office 
to  be  disqualified  from  holding  office  of  profit  or  trust  in  state. 

(Pa.  II  7,  III  32,  VIII  9.) 

Conviction  of  offering  or  procuring  the  offer  of  bribe  to  secure 

his   election   or   election   of  other   person   to   disqualify  guilty 

party  from  holding  any  office  to  which  he  has  been  elected. 

(E.I.   IX   2.) 
Person  who  bribes  to  be  elected,  ineligible  for  six  years  to  office 

for  which  elected.      (Tenn.  X  3.) 
Conviction  of  giving  or  offering  bribe  to  procure  election  or  ap- 
pointment, to  bar  from  office  of  profit  in  this  state,  and  laws 
to  be  made  to  exclude  from  office  persons  convicted  of  bribery. 

(Tex.   XVI  2,  5.) 
Person  who  bribes  to  be  elected,  ineligible  to  serve  for  ensuing 

year.     (Vt,  II  51.) 
Conviction  to  disqualify  from  position  of  honor,  trust  or  profit 

in  state.  (Wash.  II  30.) 
Person  convicted  of  bribing  or  attempting  to  bribe  any  executive 
or  judicial  officer  of  state  or  member  of  legislature  in  order  to 
influence  him  in  performance  of  official  or  public  duties,  or  any 
such  officers  or  members  convicted  of  demanding  or  receiving 
from  corporation,  company  or  association  any  money,  testi- 
monial or  oilier  valuable  thing  for  performance  of  official  or 
public  duties  or  for  refusing  or  failing  to  perform  them,  or  for 
giving  or  withholding  vote  or  influence  as  member  of  legisla- 
ture, to  be  disqualified  from  holding  office  or  position  of  honor, 
trust  or  profit  in  state,  (W.Va.  VI  45.) 
Person  convicted  of  offering  or  giving  or  promising  any  money 
or  thing  of  value,  testimonial,  privilege  or  personal  advantage 
to  executive  or  judicial  officer  or  member  of  legislature  to  in- 
fluence him  in  performance  of  official  duties,  to  be  disqualified 
from   holding   office   or   position   of   honor,   trust   or   profit   in 

state.     (Wyo.  Ill  43,  44.) 
Charitable  Institutions,  Residence  in,  as  Disqualification 

Inmates  of  charitable  institutions,  except  Soldiers'  Home,  in- 
eligible to  office  or  appointment  of  honor,  trust   or  profit  in 

state.      (La.  202.) 
Citizenship 

Chinese  or  persons  of  Mongolian  descent  not  born  in  LTnited 
States  ineligible  to  civil  office.      (Ida.  VI  3.) 

Alien  not  to  be  elected  or  appointed  to  any  civil  or  military 
office  in  this  state.      (111.  VII  6;   Mo.  VIII   12.) 


____^^     I.M'I  ■  •      I' 

PUBLIC  OFFICERS    [Cont'd) 

Qualifications  ami  Disqi  m  n,,  u 
Citizenship   (Cont'd) 

No  person  eligible  to  si  i 


No  person  elected  or  nominated  to  civi 

who  is  not  citizen  of  I  nited  Stat 
No  person  except   United  81 

No  person  except  citizens  eligible    I 
Corrupt  Solicitation  as  Disqualification 
See  also  above,  this  si 
See  also  below,  this  subdivision    El 

Conviction  Inns  from  offii 

in  state.     (Pa.  Ill  32;  Wya  ill    il.» 
Conviction  bars  from  position  of  I 

II 
Dual  Office  Holding,  Bee  above,  thi 

Dueling  as   Disqualification 

Bars   from   office  of   tmsl    or   profit.      (Ind.    II 

Bars  from  office  in  Mate     (Colo.  Ml   12 

I 
Bars  from  office  of  honoT  or  trust    in 
Bars  from  office  of  honor  or  profil  n  P 

Bars  from  office  in  slate  for  period  of 
Giving  or  accepting  challenge  bars  from  ofl 
in  state,  unless  pardoned  bj   governoi 

Bv  citizen  of  state  bars  from  office  unde 

By  citizen  of  state  bars  from  office  undi 

By  citizen  of  state  bars  from  office  of  profit 

By  citizen  of  state  bars  from  office  of  p 

unless  relieved   by   legislature,      (Md.    Ill 
Bv  citizen  of  state  bars   fn  m   • 

By  citizen  of  state  bars  from  • 

Conviction  of  resident   of   Btal 

pardoned. 

Bv  inhabitant  of  state  bai 

lav 

Laws  to  be  made  to  exclude  from  civil 
nower    trust   or  profil    ii 


1106  State  Constitutions 


PUBLIC  OFFICERS    {Cont'd) 

Qualifications  and  Disqualifications    (Cont'd) 
Educational 

Ability  to  read,  write,  speak  and  understand  the  English  language 

sufficiently    well    to    conduct    duties   of    office   without    aid    of 

interpreter,  required  for  state  officers.      (Ariz.  XX  S.) 

No  person  eligible  to  office  under  constitution  of  this  state  who 

is  not  able  to  read  the  constitution  in  English  and  write  his 

name;   but  this  provision  not  applicable  to  person  physically 

disabled   from   complying   with   it;    nor  to  person   "who  now 

has  the  right  to  vote";  nor  to  any  person  who  is  sixty  years 

or  oyer  at  the  time  amendment  takes  effect.      (Mass.  Amend. 

XX    (1S57);  Me.  Amend.  XXIX   (1893).) 

No  person  eligible  to  office  under  constitution  of  this  state  who 

is  not  able  to  read  ^he  constitution  in  English,  and  to  write; 

but  this  provision  not  applicable  to  person  physically  disabled 

from  complying  with  it,  nor  to  any  person  "who  now  has  a 

right  to  vote  ",  nor  any  person  who  is  sixty  years  or  over  on 

January  1,  1904.  (N.H.  I  11.) 
Eight  of  citizen  to  hold  office  not  to  be  restricted,  abridged  or 
impaired  on  account  of  inability  to  speak,  read  or  write 
English  or  Spanish  languages,  except  as  otherwise  provided  in 
constitution.  This  provision  not  to  be  amended  except  on  vote 
of  people  in  an  election  at  which  at  least  three-fourths  of 
electors  voting  in  state  and  at  least  two-thirds  of  those  voting 
in  each  county  shall  vote  for  such  amendment.  (N.M.  VII  3.) 
Elections,  Offenses  Concerning,  as  Disqualification 

See  also  above,  this  subdivision,  Biubery  as  Disqualification. 
See  also  above,  this  subdivision,  Corrupt  Solicitation  as  Dis- 
qualification. 
Conviction   of   wilful   and   corrupt   violation   of   election   law   of 
state  to  disqualify  from   holding  office  of  trust  or  profit   in 

state.      (Ark.  Ill  0.) 

Laws  to  be  made  to  exclude  from  civil  or  military  office  of  honor, 

power,  trust  or  profit   in   state  persons  convicted  of  bets  on 

elections.  (Fla.  VI  5.) 
Persons  giving  or  causing  to  be  given  illegal  vote  knowing  it  to 
be  such,  shall,  on  conviction,  be  disqualified  from  holding  office 
of  profit  or  trust;  but  legislature  may  remove  penalty  from 
vote  seller  so  as  to  place  it  on  vote  buyer  alone.  (Md.  I  3.) 
Conviction  of  wilful  violation  of  election  laws  of  state  or  United 
States  bars  from  office  under  constitution  of  this  state.     (N.H. 

I   11.) 

Conviction   of   fraud   or   wilful   violation   of   election   law   while 

candidate  for  office  bars  from  office  of  trust  or  profit  in  state. 

(Pa.  VIII  9.) 
Conviction  of  crime  against  elective  franchise  bars  from  office  in 

state  unless  restored  to  civil  rights.     (Utah  IV  6.) 
Legislature  may  provide  that  conviction  of  violation  of  election 
laws  shall  bar  from  holding  office.     (Va.  II  36.) 


Index   Digesi 


PUBLIC  OFFICERS    (Cont'd) 

QUALmCATIONS     \M>    DlSQXTAIJFICATK 

Electoral 

No  person  except  qualified  elector  to 

No  person  exoepl  qualified  elector  to  be 

(La.  210;   Wash.   Ill   26;   W.Va.    I\ 
No  person  exoepl  qualified  elector  to  I"-  • 

office  in  state.     (Ohio  \\    i  .  :  i 

No  person  excepl  qualified  elector  to  be  ■ 

office  of  trust  or  profit  under  authority 
No  person  except   qualified  el»  toi    to 

civil  or  militarj  office  in  Btate.     (<  olo.  VII  6;  Wy<     \  I 
. 

No  person  eligible  to  civil  office  es  epl 

unless  he  is  qualified  elector  for  Buch  offio 
No  person  to  be  elected  to  or  appointed  to  till  a 

office  who  does  not  possess  qualifications  ol  ai 

Every   qualified  elector   to  be  eligible   to  ofl  I    » 

M.  \  II 
Every  person  qualified  to  vote  to  be  eligibli 

II 
Every  qualified  elector  to  be  eligible  to  anj 
unless  disqualified  by  age  as  prescribed  in 

II 
Person  qualified  to  vote  eligible  to  offi 
district    where    he   has    resided    thirt]    '1 

(Minn    \  H 
Any  person  qualified  to  vote  at   general   eli 
officers  to  be  eligible  to  office  in  Btate  excepl 
vided  in  constitution,  and  subject   to  additional  qua! 
prescribed  by  legislature  for  offices  hereafter 

l\ 

Exception  as  to  women,  See  below,  tl 
Equality  of 

"Inhabitants"  of  state,  having  qualificatioi 
stitution  have  equal  right  to  I"  for  pub 

Person  is  "inhabitant  "'  in  town,  difltricf   or  \ 
he  dwells  or  has  his  home.     (Mass.  Pt.  I  ".  I"     II  '  b.   I 

II 

Right  of  office  holding  no!  to  be  withheld  from  anj  i 
of  United  States  bj    reason  oi  color  or  pre\ 

servitude. 

Inhabitants    of    state    bavin-    proper    qualil 
right  to  be  elected  int..  offi* 

Darish  and  plantation  where  he  dwells  and  has  b 
1  111.  11 

Right  of  citizens  of  state   to   hold   i 
abridged  or  impaired  on   accounl   ol   i 


1168  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Qualifications  axd  Disqualifications    (Cont'd) 
Equality  of   (Cont'd) 

except  as  otherwise  provided  in  constitution.  This  provision 
not  to  be  amended  except  on  vote  of  people  in  an  election  at 
which  at  least  three-fourths  of  electors  voting  in  state  and 
at  least  two-thirds  of  those  voting  in  each  county  shall  vote 
for  such  amendment.  (N.M.  VII  3.) 
Every  inhabitant  of  state  possessing  qualifications  provided  for 
in  constitution  shall  have  equal  right  to  be  elected  to  public 

office.     (S.C.  I  10.) 
Freemen  having  sufficient,   evident,   common   interest  with,   and 
attachment  to  the  community,  have  a  right  to  be  elected  into 
office,  agreeably  to  constitution.      (Vt.  I  S.) 

Felony  as  Disqualification 

Conviction   bars   from   civil   office   unless   restored   to    rights   of 

citizenship.      (Ida.   VI   3.) 
Person  convicted  of  felony,   unless  restored  to  civil  rights,  not 
to  hold  office  in  state  unless  disability  removed  by  law  passed 
by  vote  of  two-thirds  of  all  members  of  both  houses  of  legis- 
lature.     (Kan.  V  2.) 
Conviction  bars  from  office  unless  pardoned  by  governor.      (Ky. 

150.) 
Conviction  bars  from  office  unless  restored  to  civil  rights.     (Nebr. 

XIV  2.) 
Conviction   or   confession   on   indictment   pending,   whether    sen- 
tenced or  not,  or  under  judgment  suspended,   since  becoming 
United  States  citizen,  bars  from  office  unless  restored  to  rights 
of   citizenship   in   manner   prescribed   by   law.      (N.C.   VI    8.) 

Forgery  as  Disqualification 

Conviction   bars   from  office  of  trust  or  profit  in  state.      (Ark. 

V  S.) 
Laws   to   be   made   to   exclude   from    office   persons   convicted    of. 

( Cal.  XX   11;  Tex.  XVI  2. ) 
Fraud    as    Disqualification 

Person  guilty  of  defrauding  government  of  United  States  or  of 

any  state  not  to  hold  office  in   state  until  disability  removed 

by  law  passed  by  vote  of  two-thirds  of  all  members  of  both 

houses  of  legislature.      (Kan.  V  2.) 

While  candidate  for  office  bars  from  office  of  trust  or  profit  in 

state.     (Pa.  VIII  9.) 
Guardianship  as  Disqualification 

Person  under  guardianship  not  permitted  to  hold  civil   office. 

(Ida.  VI  3.) 

Person  under  guardianship  not  to  hold   office  in   state  unless 

disability  removed  by  law  passed  by  vote  of  two-thirds  of  all 

members  of  both  houses  of  legislature.      (Kan.  V  2.) 

Interdicted  persons  ineligible  to  office  or  appointment  of  honor, 

trust    or   profit    in    state.      (La.   202.) 


Im.ia    Di< 


PUBLIC  OFFICERS    (Cont'd) 

Qualifications   \m»  Disqi  u  rri<  \r\ 
High  Crimes  as  Disqualification 

Laws  to  be  made  to  exclude  f i 

High  Misdemeanor  as  Disqualification 

Conviction  of  such   hif_'li   mi-. I 
law  bars  from  office  ui 
Impeachment    as    Disqualification, 

Imprisonment  as  Disqualification 
Person  who  a1  I  ime  of  eleci  ion 

of  criminal  offense  ineligibli    to  civil 
Persons  actually  confined  in  public  prison  im 
appointment    of    honor,   tru 

Infamous  Crime  as  Disqualification 

See  also  particular  eri/rm  s  throughout 
Conviction  bars  from  office  of  profll   oj 
Conviction  bars  from  office  of  trust    "i    profll    in    i 

[V   60;    Ark.   V   8;    [11.    IV    1;    Pa,    II 
Conviction  'oars  from  office  of  trust,  I 

Conviction    in   court   of  United   St  ati 

profit   or  honor  in  this  state.      (Wis.    Ml 
Conviction  bars   from   civil   office   unli 

It  i  1 

Conviction  or  confession    on    indictment    ; 
tenced  or  not.  or  under  judgmei 
punishment  may  be  imprisonment  in  ; 
ing  United  states  citizen,  bars  from  ■ 
rights  of  citizenship  as  prescribed  bj  V  I  ! 

Conviction  of   crime   involving   moral   turpil 
laws  of  state  with  imprisonment    in 
office,    or    appointment    of    ftonoi 

Person  convicted  of  crime  punishable 
tentiary  and  not  afterward  pardoned 
of  franchise,  ineligible  to  office  or  ap] 

Laws  to  be  made  to  exclude  from  civil 
power,  trust    or  profit    in    ataU    | 

Legislature   may   exclude    froi 

victed  of.     (Minn.  [V   15; 
Legislature  may  rendei       meligiDU       |» 

Insanitv  as  Disqualification 
Person  who  is  idiol ■  i. 


1170  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Qualifications  and  Disqualifications   (Cont'd) 
Insanity  as  Disqualification   (Cont'd) 

Idiots  and  insane  persons  not  to  hold  office,  or  appointment  of 

honor  or  trust  in  state.  (Ga.  II  Sec.  II  1.) 
Person  non  compos  mentis  or  insane  not  to  hold  office  in  state 
unless  disability  removed  by  law  passed  by  vote  of  two-thirds 
of  all  members  of  both  houses  of  legislature.  (Kan.  V  2.) 
Persons  notoriously  insane  or  idiotic,  whether  interdicted  or  not, 
ineligible  to  office  or  appointment  of  honor,  trust  or  profit  in 

state.     (La.  202.) 
No  idiot  or  insane  person  eligible  to  office  in  state  unless  restored 

to  civil  rights.      (Utah  IV  6.) 
Interest  in  Public  Contracts,  See  Public  Contracts. 
Larceny  as  Disqualification 

Conviction  bars  from  office,  or  appointment  of  honor  or  trust  in 

state,  unless  pardoned.      (Ga.  II  Sec.  II  1.) 
Laws   to   be   made   to   exclude   from   civil   or   military   office    of 
honor,   power,   trust   or   profit   in   state   persons  convicted   of. 

(Fla.   VI  5.) 
Misconduct  as  Disqualification 

For  particular  crimes,  See  throughout  this  subdivision. 

Laws   to   be  made   to   exclude   from   office   persons   convicted   of 

malfeasance   in   office.      (Cal.   XX    11.) 
Conviction  of  malfeasance  in  office  bars  from  office,  or  appoint- 
ment  of  honor   or   trust   in   state,   unless   pardoned.     (Ga.   II 

Sec.  II  1.) 
Presiding  officer  of  either  house  of  legislature  refusing  to  sign 
bill  which  has  passed  both  houses,  ineligible  to  hold  office  of 
honor  or  profit  in  the  state.      (Minn.  IV  21.) 
Conviction  or  confession  of  malpractice  or  corruption  in  office  on 
indictment  pending,  whether  sentenced  or  not,  or  under  judg- 
ment suspended,  bars  from  office  unless  restored  to  rights  of 
citizenship  in  manner  prescribed  by  law.      (N.C.  VI  8.) 
If  prisoner  taken  from  state,  county  or  municipal  officer  through 
his  negligence,  permission  or  connivance,  by  mob,  has  suffered 
bodily   violence   or    death,    officer   on    conviction    shall,   unless 
pardoned  by  governor,  be  ineligible  to  hold  office  of  trust  or 

profit  in  state.      (S.C.  VI  6.) 
Taking  by  officer  of  greater  fees  than  law  allows  to  disqualify 
from  office  in  state  until  he  is  restored  by  law.      (Vt.  II  57.) 
Nonperformance  of  duties  as  disqualification,  See  below,  this  sub- 
division, Performance  of  Duties. 
Oath   of   Office,   False   or  Violated,   See  above,    this   title,   Oath   of 

Office. 
Performance  of  Duties 

See  also  above,  this  subdivision,  Misconduct  as  Disqualifica- 
tion. 
No  person  to  hold  office  or  employment  of  trust  or  profit  under 
laws  of  state  without  devoting   personal  attention  to  duties. 

(Colo.  XII  2.) 


Endi 


PUBLIC  OFFICERS      I 

Qtaijdficatioxs  a.m.  Disqualifications 
Performance   of   Duties 

-N"   i"    • 

without  devoting  p<  rsonal 

I     Or    .!]■; 

under   laws 
without  personally 

Person  elected  ..r  appoint* 
it  under  la- 
devoting  time  to  perform 

Perjury  as  Disqualification 
I    mviction  bars  from 
l     eviction  bar-  from 

Conviction  bars  from 

I     nviction  of  perjury 

of  tru-t  or  profit  in  tl 
Legislature  may  exclude  from  beii 

Laws  to   be   made  to  exclude   from 

Laws  to  be  made  to  exclude  from  civil  or  milil 
power,  trust  or  profit  in  state,  i>< 

Polygamy   as   Disqualification 

Bigamist  or  polygamist  ineligibl< 
Prior  Service  in  Office  as  Disqualification 
Wherever   provided   that    pel 
than   certain  number   of  y< 
tempore  not  to  be  reckoned  pari 

Rotation  in  office  in  executivi 

securities  of  permanent   freedom".    (Md.   D.H 
People  have  right  to  return  i 

Governor,  lieutenant -governor, 

urer.    attorney-genera] 

and   commissioner   of   public   lands 

consecutive  terms,   are   ineligil 

years  thereafter.     [N.M.  V  1   [1914 
Officer  should  "  at  fixed  periods,  I 

return    into    that    body"    from    v 

vacancies  be  supplied  by  I 

part   of  former  members   to  I 

Property 

Propertv  qualification  no- 
office."    (Cal.  I  "24:   Id  I    »    'v   • 


1172  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Qualifications  a.vd  Pisqtjaufications    (Cont'd) 
Property    (Cont'd) 

Property  qualification  not  to  be  required  for  office  of  public  trust. 

(Kan.   B.R.   7.) 

Legislature  may  increase  qualifications  of  persons  to  be  elected 

as  circumstances  of  state  may  require.      (Mass.  Pt.  II  Ch.  VI 

3.) 
Xo  amount  of  property  shall  ever  be  required  as  qualification  for 

office  of  public  trust  under  the  state.     (Minn.  I  17.) 
Ought  not  to  affect  right  to  hold  office.      (X.C.  I  22.) 
Xo    property    qualification,    unless    prescribed    in    constitution, 
necessary  for  election  to  or  holding  any  office.      (S.C.  I  11.) 
Public   Moneys,   Misuse  as  Disqualification 

Accounting  for  Public  Moneys,  See  above,  this  subdivision,  Ac- 

COL'XTIXi;  FOR  Plblic  Moxeys. 
Moling  Profit 

Public  officer  making  profit  out  of  public  moneys  or  using 
same  for  purposes  not  authorized  by  law.  disqualified  to 
hold  public  office.  (X.M.  VIII  4  (19141.) 
If  public  officer  makes  profit  out  of  public  moneys  or  uses 
same  for  any  purposes  not  authorized  by  law.  to  be  pun- 
ished as  prescribed  by  law.  part  of  wbich  punishment  shall 
be  disqualification  to  hold  office.      (Mont.   XII   14;   Utah 

XIII  S.) 
If  officer  of  state  or  member  or  officer  of  legislature  makes 
a  profit  out  of  public  moneys  or  uses  the  same  for  purposes 
not  authorized  by  law.  to  be  punished  a-  prescribed  by  law. 
part  of  which  punishment  shall  be  disqualification  to  hold 
office  in  state  for  five  years.  (Ark.  XVI  3:  Ta.  IX  14.) 
If  state  or  county  officer  receives  interest,  profit  or  perquisite 
from  use  or  loan  of  public  funds  in  bands  or  moneys  to 
be  raised  through  his  agency  for  state  or  county  purposes, 
to  be  punished  as  prescribed  by  law.  part  of  which  punish- 
ment  shall   be   disqualification   to   bold   office.      (Ga.   VII 

Sec.  IX  1.) 
If  officer  of  state  or  of  county,  city  or  town,  or  member  or 
officer  of  legislature,  receives  any  interest,  profit  or  per- 
quisite arising  from  use  or  loan  of  public  funds  in  his 
hands  or  monc;.  -  to  lie  raised  through  bis  agency  for  state, 
city,  town,  district  or  county  purposes,  to  be  punished 
as  prescribed  by  law.  a  part  of  which  punishment  shall  be 
disqualification  to  bold  office.  (Ky.  173;  Okla.  X  11.) 
Embezzlement   of  Public  Money 

Conviction  bars  from  office  of  trust  or  profit  in  state.      (Ala. 

IV  Go:  Ark.  V  8;  Colo.  XII  4;  Xev.  IV  10;   Pa.  II  7.) 
Conviction  liars   from  office  of  trust,  honor  or  profit  under 

this  state.      (Del.  TI  21.) 
Conviction  bars  from  office,  or  appointment  of  honor  or  trust 
in  state,  unless  pardoned.     (Ga.  II  Sec,  II  1.) 


I.NDKX     DlGKSI 


PUBLIC  OFFICERS    (Cont'd) 
Qualifications  and  Disqi 

Public  Moneys,  Misuse  as  Di 
Wmbi  ■-  :/<  mi  ni  of  Publ 

Conviction  bars  from  en  il  offl 

( Conviction  bars  from  oflv  e  in 
( Conviction  bars  from  office  of  lioi 

but   legislature  by  two-thii 

on    payment    in    full    of    prii 

Racial 

8  i    also  above,  this  svl  < 

Indians  riol   taxed  who  ha \  i 
adopted  habits  of  civili 

Ripht  of  office  holding  nol   to  be  withheld  i- 
United    States    bj    reasoi 

Right    of   citizens   of   state   to   hold    i 
abridged  or  impaired  on   b 

except  as  otherwise  provide  !   in  con      tuti   n       l 
not   to  be  amended  except 
which  at   least  three  fourths  i 
least  two-thirds  of  those  voting  ii 
such  amendment.     (N.M.  VII 

Religious    Test 

See  also  Religion. 

Not   fco  be  required  for  anj   office  01    pul 

Not  to  be  required  for  public  office 

Not  to  be  required  for  office;  but  n 
a  God  .shall  hold  office  in  civil  d<  | 

II  26,  M\ 

Inhabitant   of   state  not    to  be   proliil 
()ffi,-e  or  trust  on   aeqounf    of  bis   rel 

Not  to  be  required  for  office  of  trust  or  | 

Not   to  be  required  for  office  of  pi 

Not  to  be  required  for  office  or  trusf  undi 
Other  than  belief  in  existence  of  God 

ca9e   of   any    office   of   profit    or    trusf    in    tk 

Constant  adherence  to  principle*  ■ 
3ary,  aad  people  ought  to  h 

the  clmic,.  of  their  officers.     (Mass    Pt  l   18  I 


1174  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Qualifications  and  Disqualifications   (Cont'd) 
Religious  Test  (Cont'd) 

Not  to  be  required  fur  office  of  public  trust  under  state.     (Minn. 

I  17;  Wis.  I  19.) 

Not  to  be  required  for  office,  but  no  person  who  denies  existence 

of  a  Supreme  Being  to  hold  office  in  state.     (Miss.  Ill  18.  XIV 

265.) 
No  person  ineligible  to  office  of  trust  or  profit  under  this  state 

on  account  of  religious  opinions.     (Mo.  II  5.) 
Not  to  be  required  for  office.      (Nebr.  I  4;  Ohio  I  7.) 
Not  to  be  required  for  office  or  public  trust.      (N.J.  I  4.) 
Right  to  hold  office  not  to  be  restricted,  abridged  or  impaired  on 
account  of  religion,  except  as  otherwise  provided  in  constitu- 
tion.     This   provision   not   to  be   amended   except   on  vote   of 
people  in  an  election  at  which  at  least  three-fourths  of  electors 
voting  in  state  and  at  least  two-thirds  of  those  voting  in  each 
county  shall  vote  for  such  amendment.      (N.M.  VII  3.) 
Person  who  denies  the  being  of  Almighty  God  disqualified  for 

office.      (N.C.   VI   8.) 

Religious  sentiments  not  to  bar  from  holding  "  office  or  place  of 

trust  or  profit  "  under  state,  if  officer  acknowledges  the  being 

of   a   God   and   a   future   state   of   rewards   and   punishments. 

(Pa,   I   4.) 
No   man   to   be   disqualified   from   holding   office   on    account   of 

religious   belief.      (R.I.    I    3.) 
No   person   who   denies   existence   of   a   Supreme   Being   to   hold 

office  under  constitution.      (S.C.  XVII  4.) 
Not  to  be  required   for  office  or   public  trust  under  state ;   but 
no  person  who  denies  the  being  of  God  or  a  future  state  of 
rewards  or  punishments,  shall  hold  office  in  civil  department 

of  state.     (Tenn.  I  4,  IX  2.) 
Legislature  not  to  "prescribe  any  religious  test".      (Va.  IV  58; 

W.Va.  Ill  15.) 

Not  to  be  required  for  office  or  public  trust  in  state,  and  no  one 

to  be  excluded  from  office  on  account  of  religious  sentiments, 

if  he  acknowledges  existence  of  Supreme  Being.      (Tex.  I  4.) 

No   person   to  be   incompetent   to   hold   office   of   trust  or   profit 

because  of   opinion   on   matters   of  religious  belief.      (Wyo.   I 

18.) 
Residence 

See  also  Residence. 

Residence  during  term,  See  beloir,  this  title,  Residence. 
One  year  in  state  preceding  election  or  appointment  prerequisite 
to  election  or  appointment  to  civil  or  military  office  in  this 
state.  (111.  VII  6;  Mo.  VIII  12;  Mont.  IX  7.) 
"  Inhabitants  "  of  state,  having  qualifications  provided  by  con- 
stitution have  equal  right  to  be  elected  for  public  employ- 
ments. Person  is  "  inhabitant  "  in  town,  district  or  planta- 
tion where  he  dwells  or  has  his  home.     (Mass.  Pt.  I  9,  Pt.  II 

Ch.  I  Sec.  II  2.) 


I.M)i\   Dig]  117 


PUBLIC  OFFICERS    (Cont'd) 

QVAI.IHc    \Hii\S     A.M.     DlSQI    M  il  ! 

Residence    (Cont'd) 

Person  qualified  to  vote  eligible  to  office  eh 
district   where   he    ha 

Inhabitants   of   Btate    having    propel    qualifh 
right  to  be   elected    into   office;    1 
town,  parish  and  plantation  where  hi 

Legal  resident  of  Btate  1-  qualified  to  hold 

Every  inlial.it ant    of   Btate    :■■ 

in  constitution  shall  have  equal   righl   to 

Every  qualified  voter  eligible  to  "office  of  t! 
county,  city,  town  or  other  subdivision  of  tin 
he  resides",   unless  otherwise    provided    in 
applicable  to  office  elective  bj    peopli    if   lav 

wiw  1.       \ 

Person  not  deemed  to  have  gained    residence  bj 
presence   or   lost    it    by    reason   of   absence   while    in 
military    service    of    Btate    or    of    United 
student  at  any  institution  of  learning,  >.r  whili 
expense  in  poorhouse  or  asylum  or  whili 

Same;  adds  "or  while  engaged  in  navigation 
or  of  United  States  or  of  high  Beaa".     (Wash.  \  I   i 

Absence  on  business  of   state   or    I  cited 
residence  once  obtained.     (Tex.  XVI 
Sex 

See  also  above,  this  subdivision,  l'i  1  ■  rORAL. 

Right  of  citizens  of   Mate   to   hold   office   nol    1 

abridged  on  account  of  sex.     (Kan.  V  8}  \  tab  1\    I ;  Wj      \  I 

Right  of  citizens  of  United  Mat.-  to  hold  ofl 
or    abridged    by    state    or    political    dm- 
thereof,  on  account  of  sex:  righl  bo  hold  1 
extended    to    and   conferred    upon    males 

Until  otherwise  provided  by  legislature  women  1 

fications  provided  in  article  VI   may  h< 

as  provided  by  laws  of  territi 
Appointment  or  election  to  office  of 

male  or  female  persons  to  be  allowed.       1 
Women  twenty-one  years  and  upward  and  I 

of  male  voters  are  eligible  to  hold   anj 

management  of  Bchools  and  Libraries     Mum.  \  l 
Women  eligible  to  office  of  countj   buj 

anv  school  district   office.      (Mont   IX    1' 


1176  State  Coxstitutiox- 


PUBLIC  OFFICERS    [Cont'd) 

Qualifications  axd  Disqualifications   {Cont'd) 
Sex    [Cont'd) 

Women  resident  of  state  four  years,  twenty  years  old,  eligible 
to  office  of  state  librarian.      (Miss.   IV   106.) 

Women  over  twenty-one  who  have  resided  in  state  one  year  and 
in  county  and  district  six  months  before  election  or  appoint- 
ment, eligible  to  office  of  superintendent  of  public  instruction, 
deputy    superintendent    of    public    instruction,    school    trustee 

and   notary   public.      (Xev.   XV   3.) 

Women  eligible  to  school  office  if  having  qualifications  as  to 
age,   residence,  citizenship.      (X.D.  V   12S.) 

Women  possessing  qualifications  of  male  electors  may  hold  office 
of  county  school  superintendent  and  of  school  director  or 
member  of  a  board  of  education.      (N.M.  VII  2.) 

Women  may  hold  office  of  notary  public  and  such  other  appoint- 
ive offices  as  prescribed  by  law.      (X.M.  XX  11.) 

Women  who  are  citizens  may  be  appointed  to  boards  of  or  posi- 
tions in  departments  and  institutions  involving  interests  or 
care  of  women  or  children.      (Ohio  XV  4.) 

Women  eligible  to  office  of  notary  public  and  of  county  superin- 
tendent of  public   instruction.      (Oida.   Sched.   f>.) 

Women  twenty-one  years  and  upward  eligible  to  any  office  of 
control  or  management  under  school  laws  of  state.     (Pa.  X  3.) 

Women,  resident  of  state  two  years,  twenty-one  years  old,  eli- 
gible   to    office    of    state    librarian    and    departmental    clerks. 

(S.C.  XVII  1.) 

Women  having  qualifications  for  electors  as  to  age,  residence 
and  citizenship,  may  hold  any  office  in  state  except  as  other- 
wise provided  in  constitution.      (S.T).  VII  9.) 

Women  eighteen   years   of   age  to  be  eligible  as  notary  public. 

(Va.  II  32.) 
Treason  as  Disqualification 

Conviction  bars  from  office,  or  appointment  of  honor  or  trust 
in  state,  unless  pardoned.      (Ga.  II  Sec.  II   1.) 

Conviction   bars    from    civil    office    unless    restored    to    rights    of 

citizenship.      (Ida.  VI  3.) 

Conviction  bars  from  office  under  constitution  of  state.      (X.H. 

I   11.) 

Conviction  or  confession  on  indictment  pending,  whether  sen- 
tenced or  not,  or  under  judgment  suspended,  since  becoming 
United  States  citizen,  bars  from  office  unless  restored  to  rights 
of   citizenship   in   manner   prescribed   by   law.      (X.C.   VI   8.) 

Conviction    bars    from    office    in    slate    unless    restored    to    civil 

rights.      (Utah   IV   6.) 

United  States,  Rebellion  Against,  as  Disqualification 

Person  who  has  voluntarily  borne  arms  against  government  of 
United  States  or  in  any  manner  aided  or  abetted  in  attempted 
overthrow  of  such  government    (except  persons  honorably  dis- 


I  \  I  >  I  \    1 >  I , 


PUBLIC  OFFICERS    (Cont'd) 

Qtjalifi.  moNS  and  Disqi  w.im.  m 

United  States,  Rebellion  Against,  .....     , 

chajiged  from  militarj 
1861,  provided  (I,, 

not  to  hold  office  in   Btata  until  diaabil 
passed  by  vote  of  two-thirds  of  ..II  mei 

United  States  Service,  Discharge  from,  .,  laliflcatl 

Person  dishonorably  discharged  from 
unless  reinstated,  no!   to  hold  ofl 
removed  by  law  passed  h> 
of  both   houses  of  Legislal  ur<         w.  •,.    \ 

QUALIFYING   OF 

Oath  of  office,  Set   above,  this  title,  Oath 

If  oflicer  refuses  or  neglects   t..  qualify  within 

law,  office  to  In-  vacant.     (Colo.   Ml    I 
As    soon    as    possible    after    election,    if 

Officer  elected  or  appointed    undi 

old  constitution  or  before  governor  ■■!    cl 

If  out  of   county   of    residence,   copj    of   oatb    fill 

Removal 

Disqualification  to  Hold  Office,  8&   al 

For  Acceptance   of  Free   Passes  or  Transportation. 

title,   I 
Recall,  St  e  Recall  of  1  'i  i.i n    Offii 
By  Appointing  Power 

Appointed  offii  scepi    judges    ■; 

intendent  of  public  instruction)   maj    !»■  • 
of  power  by  which  appointed.      [Pa.  \  I 

By   Governor 

Officers  convicted  "t'  misbehavior  in  ■ 

Of  officers  established   by  const  it ul 

ment  or  election   not   otherwise   provided 

neglect  of  duty  or  malfeasant  e  in 
Of  officer  appointed  by  him,  for  incompi 

or  malfeasance  in  office.     (N.M.  \ 
Of  civil  officers  appointed  by   tl" 

for  incompetency  or  misconduct.     (Md.  II 
Of  officers  whom  he  may  appoint,  for  ii 

duty  or  malfeasance  in  ..the.-:  m 

fill  it  as  provided  in  othi  i 
Of  any  officer  whom  In-  maj   appoint, 

of  duty  or  malfeasance  in  ■  : 

vacancies  filled  a-  in  othi  i 


1178  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 
Removal    {Cont'd) 

By   Governor    (Cont'd) 

Of  officer  whom  lie  may   appoint,  for   incompetency,  neglect   of 
duty,  gross  immorality    or  malfeasance  in  office;  may  declare 
office  vacant  and  fill  it  as  provided  in  constitution  for  other 
cases   of  vacancy.      ( W.Va.   VII    10. ) 
Of  any  state  officer  except  legislative  or  judicial,  during  recess 
of   legislature,  for  gross  neglect   of   duty   or   corrupt   conduct, 
or  misfeasance  or  malfeasance  in  office.      (Mich.  IX  7.) 
If  officer  fails  to  account  for  fees  in  manner  provided  in  consti- 
tution  governor    shall    declare    office    vacant.       (Md.    XV    1.) 
Power  to  suspend,  See  below,  this  subdivision,  Suspension. 

By  Governor  with  Consent  of  Senate 

In  case  of  officer  not  liable  to  impeachment,  for  malfeasance,  or 
misfeasance,   or   neglect    of   duty    in    office,   or   commission   of 
felony,   or   for   drunkenness   or   incompetency.      (Fla.    IV    15.) 
By  Governor  on  Address  of  Legislature 

In  case  of  any  officer  (except  lieutenant-governor  or  member 
of  legislature)  for  reasonable  cause,  by  governor  on  address 
of  two-thirds  of  members  elected  to  each  house  of  legislature. 

(Del.  Ill  13.) 

In  case  of  elected  officers  (except  governor,  lieutenant-governor, 
members  of  legislature  and  judges  of  courts  of  record  learned 
in  the  law)  by  governor  for  reasonable  cause,  on  address  of 
two-thirds  of  senate.      (Pa.  VI  4.) 

In  case  of  executive  or  judicial  officers  for  wilful  neglect  of 
duty  or  other  reasonable  cause,  not  sufficient  ground  for 
impeachment,  by  governor  on  address  of  two-thirds  of  each 
house  of  legislature.      ( S.C.  XV  4. ) 

By  governor  with  advice  of  council  on  address  of  both  branches 

of  legislature.      (Me.  IX  5.) 
By  Legislature 

State  officers  may  be  removed  for  crime,  incapacity  or  negli- 
gence, by  joint  resolution  of  legislature,  on  two-thirds  vote 
of  members  elected  to  each  house.      (Ind.  VI   7.J 

Any  officer,  except  governor  or  acting  governor,  may  be  removed 
for  any  reasonable  cause,  on  address  of  two-thirds  of  members 
elected  to  each  house  of  legislature.      (La.  220.) 

Executive  officers  at  seat  of  government  (except  lieutenant- 
governor)  may  be  suspended  by  governor  during  recess  of 
legislature  for  misbehavior,  incapacity,  neglect  of  official  duty 
or  acts  performed  without  due  authority  of  law;  governor 
to  report  to  legislature  at  beginning  of  next  session  the  causes, 
and  legislature  to  determine  whether  officer  is  to  be  restored 

or  removed.      (Va.  V  73.) 
By  Conviction  by  Court 

On  conviction  of  wilful  neglect  of  duty  or  misdemeanor  in  office 
to  be  removed  from  office.      (Miss.  VI   175.) 


I.M'I   \      I  >|..l  81 


PUBLIC  OFFICERS    (Cont'd) 
Removal   [Cont'd] 

By  Conviction  by  Court    1 1 

Office  created  by  constitution  to  ' 

"Incompetency,  corruption,  malf< 

may  be  tried  in  same  tnannei   .1-  1  1  iu 

ment  may  be  0!  dismissal  from  ofl  Ore.  V! 

Civil    officers    (other   than    g< 

judges   of    inferior   courts,   chancelloi 

treasurer,  comptroller  and 

ment  for  crimes  and  misde - 

legislature  may  dm.  t  and  on  1  a  shall  I 

office  by  court    as   if   found  guilt] 

Person   authorized   to  assess   \;>i   < 

wilful  error   in   performance   of  dutj    deemed 
feasance  and  on  conviction  forfeits  offiot    and  puniid 

\  idi 

In  cases  of  embezzlemenl  \<\  officer  lis 
or  trust  funds,  office  to  be  declared  vb 
filled  as  prescribed   by  law.     1  v<  .   l\ 

Unlawful  for  person   holding  office     1    honoi     Ll 
engage  in  gambling  or   betting  on   gai 
conviction  office  to  become  vacant  .1-  in  1 

Method  to  Be  Prescribed  by  Law 

Legislature  may  provide  for  removal  ol  1 

named  in  article  VII   of   the  constitution.      I  Ma    \ll 
State  officers  to  be  removed  as  prescribed  bj   I 
Legislature  maj   provide  for  removi  I  of  inferi 
feasance   or   nonfeasance    in    performano 

\in  i 

Law  to  provide  for  removal  of  civil  ofl 
and  other  state  and  judicial  ofl  • 
peace)     for    malfeasance    or    nonfe 

duti 

Law   to   provide    for    re val    of   all    "  1 

whose  power.-,  or  duties  are  not  local  Ol 
shall  be  elected  a1  general  ele<  tiona  '.  in  i 
malversation  in  office,  and  for  filling  vi 

Officers  to  be  removed  for  incapacity,  rnU 
duty  iu  manner  prescribed  bj   Law,  w\ 
removal  is  prescribed   in   constitution. 


Leg 


islature  to  provide   for  trial   and   r< 
siate    modes  for  which   no!    provided   in  • 

Officers,  unless  otherwise   provided   foi    in 
removed  for  official  misconduct,  incom| 


1180  State  Constitutions 


PUBLIC  OFFICERS    {Cont'd) 
Removal   (Cont'd) 

Method  to  Be  Prescribed  by  Law    (Cont'd) 

or  gross  immorality,  in  manner  as  prescribed  by  general  laws; 
and  legislature  to  prescribe  by  general  laws  the  manner  in 
which  public   officers   and   agents   shall   be   removed.      ( W.Va. 

IV  6,  8.) 

Officers  not  liable  to  impeachment  to  be  removed  for  misconduct 

or  malfeasance  in  office  in  manner  prescribed  by  law.      (Colo. 

XIII  2;   Mont.  V  18;   Wash.  V  3;   Wyo.  Ill   19.) 

Officers  not  liable  to  impeachment  to  be  removed  for  high  crimes, 

misdemeanors   or   malfeasance   in   office   in  manner   prescribed 

by  law.      (Utah  VI  21.) 

Officers  not  liable  to  impeachment  to  be  removed  for  misconduct, 

malfeasance,  crime  or  misdemeanor  in  office,   or  for  habitual 

drunkenness  or  gross   incompetency,  in  manner  prescribed  by 

law.      (X.D.  XIV  197.) 

Officers  not  liable  to  impeachment  to  be  removed  for  misconduct 

or    malfeasance    or    crime    or    misdemeanor    in    office,    or    for 

drunkenness  or  gross  incompetency,  in  manner  prescribed  by 

law.      (S.D.  XVI  4.) 

Elective  officers  not  liable  to  impeachment  to  be  removed  in  such 

manner   and   for   such   causes   as   prescribed   by    law.      (Okla. 

VIII  2.) 

Law   to   provide   for   removal   on   complaint    and   hearing   of   all 

officers,    for   misconduct    involving   moral    turpitude    or   other 

cause  provided  by  law;  this  method  additional  to  impeachment 

or  other  method  of  removal  provided  by  constitution.      (Ohio 

II  38.) 
Legislature   to   provide   for   forfeiture   of   office   in   case   of   any 
public  officer  (except  governor)   who  receives  more  than  $5,000 
as  compensation  for  official  services,  independent  of  compensa- 
tion of  legally  authorized  deputies  and  assistants.     (Ky.  246.) 
Legislature  to  provide  for  removal  of  officers  for  bribery,  fraud, 
intimidation  or  other  corrupt  practice  to  procure  own  nomina- 
tion or  election,  except  in  elections  for  school  trustees  or  other 
common  school  district  elections.      (Ky.   151,  155.') 
If  state  officer  does  not  give  reasonable  additional  security  when 
required  by  governor,  office  to  be  declared  vacant  in  manner 
prescribed  by  law.      (W.Va.  VII   13.) 

Method  Not  Expressly  Provided 

Whenever  state  officer  changes  his  residence  from  state,  his 
office  to  be  vacant,  any  declaration  of  retention  of  domicile  to 
contrary  notwithstanding.  (La.  210.) 
Oflices  created  by  constitution  to  become  vacant  by  death,  removal 
from  state,  resignation,  conviction  of  felony,  impeachment,  or 
becoming  of  unsound  mind.  (Nebr.  Ill  20.) 
Drunkenness  to  be  cause  "  for  impeachment  and  removal  from 

office".    (Nebr.  XIV  3.) 


I  \  i .  i  \    D 10 1 


PUBLIC  OFFICERS    (Cont'd) 
Removal    (Cont'd) 

Method   Not   Expressly   Provided      I 
Drunkenness  and  excee 

office  to  be  cause  for  removal      (Okla    1 1    i 
All  officers  to  be  remove  I  on 

or  of  infamous  crime;   appo  n  ■ 

of  courts  of  record  and  supei  i 

may  be  removed  at   pleasure 

officers  elected  by  peopli 

members  of  legislature  and 

in  the  law)   to  be  removi 

on  address  of  two-thirda  of  i 

If  executive  or  judicial  ofl 

or  rei  eives  a  bribe,  bis  offi(  e  to  bi 
If  officer  of  executive  department  i 

institul  ion  makes  False   i  epoi 

shall  be  removed  from  office. 
If  civil   officer   fails   to    reside    in 

required  by  law,  hi>  office  ; 

Formalities 

Notice  required  before  vote  "ii  adoptii  n 
Notice  required  ten  days  before  vote  on 

111 

"Complaint"  required.     (Ohio  II 
Causes  to  be  communii 

tion  of  ad 
Causes  to  be   communicated    to    incun 

Causes  to  be  stated  at  length  in  addn 
of  each  house.     (La.  220;   S.C.   XV 
Causes  entered   on   journal   of   each  I"    ' :i 

Causes    reported    by    governor    to 

Hearing  required.     (01ii<>  II  ■'  - 
Hearing  required  before  vote  on  adoption 

Full   hearing  by   governor    required    in 
(except  those  convicted  of  misbeh 

Vote  on   adoption  of  addi 

Suspension 

.Legislature  may  provide  for  suspend" 
tion  for  misconduct  in  offlci 

Officers  not  liable  to  imp 
by  gov<  rhor  for  malf< 


lls_;  State   Constitutions 


PUBLIC  OFFICERS    [Cont'd) 
Removal  (Cont'd) 

Suspension    [Cont'd) 

duty  in  office,  or  commission  of  felony,  or  for  drunkenness  or 
incompejteacy;  cause  of  suspension  communicated  to  officers 
suspended  and  to  senate  at  next  session.  Suspension  to  con- 
tinue until  adjournment  of  next  session  of  senate  unless  officers 
suspended  be  removed  by  governor  with  consent  of  senate. 
Governor  may  reinstate  officer  so  suspended  on  satisfactory 
evidence  that  charges  are  untrue.  If  senate  refuses  to  remove 
or  fails  to  act  before  adjournment,  person  suspended  shall 
resume  his  duties  without  loss  of  salary.  Governor  may  fill 
office  incumbent  of  which  has  been  suspended.      (Fla.  IV  15.) 

Legislature  may  provide  for  suspension  of  public  officials  charged 
with   collection   of   public   money  when  they   fail   to   account. 

(La.  1S2.) 

On  recommendation  of  auditor  or  police  jury  of  any  parish, 
governor  may  suspend  officers  charged  with  collection  or  cus- 
tody of  public  funds  when  in  arrears.    (La.  223.) 

Duty  of  governor  to  suspend  alleged  defaulting  state  and  county 
treasurers  and  defaulting  tax  collectors  pending  investigation 
of  accounts  and  to  make  temporary  appointments  to  fill  offices 
during  investigations.     Legislature  to  provide  for  enforcement 

of  this  provision.     (Miss.  V  125.) 

When  governor  notified  by  affidavit  that  officer  having  custody 
of  public  or  trust  funds  is  probably  guilty  of  embezzlement, 
he  shall  direct  immediate  prosecution  by  proper  officers  and 
on  indictment  governor  shall  suspend  him  and  appoint  suc- 
cessor until  acquitted  by  jury.  In  case  of  conviction  office  to 
be   declared    vacant    and   vacancy   filled    as   provided   by   law. 

(S.C.  IV  22.) 

Breaches  of  trust  and  duty  by  custodians  of  public  funds,  legis- 
lature to  provide  for  investigation,  and  for  suspension   from 
office  on  reasonable  cause  shown  and  for  appointment  of  tem- 
porary incumbents.      (Tex.  IV  25.) 

Executive  officers  at  seat  of  government  (except  lieutenant-gov- 
ernor) may  be  suspended  by  governor  during  recess  of  legis- 
lature for  misbehavior,  incapacity,  neglect  of  official  duty  or 
acts  performed  without  due  authority  of  law;  governor  to 
report  to  legislature  at  beginning  of  next  session  the  causes, 
and  legislature  to  determine  whether  officer  is  to  be  restored 
or  removed;  governor,  during  recess  of  legislature,  to  appoint 
pro  tempore  successors  to  officers  so  suspended.      (Va.  V  73.) 

Effect  of  Removal  or  Suspension 

Penalties   not   to   extend   beyond   disqualification    from    holding 

office  under  authority  of  this  state  for  term  for  which  elected 

or  appointed,  but  accused  liable  to  indictment  and  punishment 

as   prescribed  by  law.      (Ala.  VII    174.) 
Suspension  or  removal  not  to  relieve  officer  from  indictment  for 

misdemeanor    in    office.      (Fla.    IV    15.) 


I.M)K.\     Dii.im  |  |  „   • 


PUBLIC  OFFICERS    (Cont'd) 
Reports 

Of  Accounts,  See  above,  thia  title,  &<  ■ 
Frequent  Reports 

"Letters,  dispatches  and  intelligo 

"communicated"    to   governor   " 

receipt.     (>Mass.  Pt.   II  Oh.   II   Sec   I 

Regular  Reports 

Legislature  to  provide  by  law  for  annual 

state  officers  and   institution* 
Officers  of  executive  department   to  make  re| 

to  governor  at  beginning  of  each  r< 

mitted  by  governor  to  legislatun   a<  ;  • 

- 
Officers  of  executive  departmenl  and  of  bublii 
to  report   to  governor  at   l<  asl    Ave  daj  - 
session  of  legislature;   governor  ti 

Subordinate  officers  of  executive  departmi 

lit'  institutions  of  state  to  report  i 

before  each  regular  session  of 

reports  to  legislature.      (W.Va.   \ll 
Officers   of   executive   department    and    of    publii 

state,  to  report  to  governor  at   least   ten 

regular  session  of  legislature;  govern 

legislature.  (Ill,  V  21;  Kan.  1  16;  tfebr.  \ 
Same;  twenty  days.  (Colo.  IV  17;  Ida.  IV  17. 
Same;  thirty  days.      (X.M.  V  9.) 

When  Required  by  Governor 

By  state  officers  in  writing  on  Buhject  relating  to  Jul 

when  required  by  governor.      (Wash;    III 
By  officers  of  administrative  departmenl   in  writii 

relating  to  duties  of  office,  when  required  bj 

V 
By  administrative  officers  of  executive  d<  partmi  nt  ii 

subject  relating  to  duties  of  office,  when  requii 

officers  of  executive  departmenl  to  make  full  i 

acts  when  required  by  governor,  BUCh 

legislature   at   beginning   of   each    regulai  1\ 

By  officers  of  executive  department    in  wil- 
ing to  duties  of  office,  when  required  bj 
4;  Ark.  VI  7;  Cal.  V  6;  Conn.  IV  6;  Del.  Ill  H 
IIS;   Iowa  IV  B;    Kan.   I   4;    Ky.  78 
Nev.  V  6;  N".C.  MI   7;  Ohio  HI  6;    Pa    N 

Opinions  in  writing  of  principal  officer  bo 
departments  on  subjects  relating  to  dot 
required  by  governor.      (Minn.   \ 


1184  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Reports    (Cont'd) 

When  Required  by  Governor   (Cont'd) 

By   executive   and   administrative   state    officers,    in   writing   on 
subject  relating  to  duties  of  office,  when  required  by  governor. 

(Mich.    VI    3.) 

By  officers  of  executive  department  or   any  military  officer  .on 

subject  relating  to  duties  of  office,  when  required  by  governor. 

(Me.  V  Pt.  I   10.) 
By  officers  of  administrative  and  military  departments  in  writ- 
ing on  subject  relating  to  duties  of  office,  when  required  by 

governor.      (Ore.  V  13.) 
By  officers  of  executive  department  and  boards  of  public  institu- 
tions, in  writing  on  subject  relating  to  duties  of  office,  when 
required,  by  governor,  including  itemized  accounts  of  receipts 

and  disbursements.  (S.C.  IV  14.) 
By  officers  of  executive  department  and  superintendents  of  state 
institutions  in  writing  under  oath,  on  subject  relating  to 
duties  of  office,  when  required  by  governor.  (Va.  V  74.) 
By  officers  of  executive  department  and  officers  and  managers  of 
state  institutions  in  writing  on  subject  relating  to  condition, 
management  and  expenses  of  office,  when  required  by  governor. 

(Utah  VII  5.) 
Same;  oath  required.  (111.  V  21;  Nebr.  V  22;  W.Va.  VII  IS.) 
Same;  oath  required;  false  report  to  be  perjury.  (Mo.  V  22.) 
Same;   oath  required;   person  making  false  report  to  be  guilty 

of  perjury  and  removed  from  office.  (Tex.  IV  24.) 
By  officers  and  commissioners  of  state  and  officers  of  state  insti- 
tutions, penal,  eleemosynary,  educational  and  industrial,  in 
writing  under  oath  on  subject  relating  to  office  when  required 
by  governor;  false  report  to  be  punished  as  prescribed  by  law; 
governor  to  transmit  copy  to  each  house  of  legislature.     (Okla. 

VI  33,  9.) 
By  officers  of  executive  department  in  writing  under  oath  on 
subject  relating  to  duties  of  office,  when  required  by  governor, 
and  by  officers  and  managers  of  state  institutions  in  writing 
under  oath  on  subject  relating  to  condition,  management  and 
expenses  of  office  and  institution,  when  require'd  by  governor. 
(Colo.  IV  8;  Ida.  IV  8;  Mont,  VII  10.) 
Same;  failure  to  report  or  making  false  report  to  be  impeachable 

offense.      (Ala.  V  121.) 
When  Required  by  Legislature 

By   officers   of   executive   department   whenever   called   upon   by 

either  house  of   legislature.      (Fla.   IV   27.) 
By  officers  of  executive  department  and   officers   and  managers 
of  state  institutions  in  writing  under  oath,  on  subject  relating 
to  condition,  management  and  expenses  of  office,  when  required 
by  either  houses  of  legislature.      (Nebr.  V  22.) 


Im.iw     Dl( 


PUBLIC  OFFICERS    (Cont'd) 
Residence 

All  civil  offieer-s  of  th.  ithin 


offices   at    such   {(Laces   then  h 
required    by    law.      (Ark.    \1\     | 
Civil    (» Hirers    for    stal. 

offices  at  Buch  place  thi 
Whenever  state  officer  chai 

be  vacant,   any   declaration   of   ret< 

nol 

Office  created  by  constitution  to  bi 

Officers  provided  by  law  and  C( 
ity  of  state  vested,  to  kei  ; 

Civil  officers  to  reside  in  state,  and  k<  i 

viofation  to  vacate  office.     (Tex.   Ml    I 
As  qualification  for  office, 

Retirement,  See  Pensions. 

Rotation  in   Office,   See  above,   this   title,   I 

or  N.LIFICATION.S —  PfilOB   SEBVICE    I 

Selection 

Law  to  provide  for  election  or  api 

for  by  constitution.  '  (Cal.  \.\  4;  Kan.  11 

Legislature  to  prescribe  by  general   law 

pointment   of   public   oliicers   and 

Officers    (other  than    county,  cjty,   t.iwn   and    . 
election  or  appoint  not  provided  f< 

elected  or  appointed  as  legislature  m 

Officers  hereafter  created  by  1 

lature  may  direct.     (Cal.  XX    !:  La.  71;  } 
Legislature  to  provide   for  appointing 

people  of  all  state  officers  not   oth< 

Inferior  state  officers,  not   provided   for   in 
pointed  or  elected  as  prescribed   by   I 

Legislature    to    -name    and    settle"    ;>>. 
"naming  and  settling"  of  civil  ofl 
wise  provided  for  in  constitution,     i^ 

Legislature  to  -  name  and  settle"  biennially, 
and  settling"  of  civil  officers  wit l,.n 
vided  for  in  constituu on.        8M-    " 

Officers   whose   d* 

elected  or  appointed  a~  ]-  I  h   l« 

38 


1186  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 
Selection   ( Cont'd ) 

If    appointment  not   otherwise   provided   for   in   constitution,   to   be 

chosen  as  prescribed  by  law.     (Ind.  XV  1.) 
Legislature  at  first  session  to  provide  for  "  election  of  officers  whose 
election    not    provided    for    in    constitution".       (Utah    XXIV    15; 

Wash.  XXVII  11.) 
Attorney -general  elected  by  judges  of  highest  court.      (Tenn.  VI  5.) 
For  method  of  appointment,  See  above,  this  title,  Appointment. 
For  list  of  officers  appointed  by  governor,  See  Governor. 
For  list  of  officers  elected  by  legislature,  See  Legislature. 
As  to  elections  generally,  See  Elections. 
Suspension,  See  above,  this  title,  Removal. 
Term  of  Office 
In  General 

If  term  of  officer  or  commissioner  is  not  provided  in  constitu- 
tion, may  be  declared  by  law;  if  not,  he  shall  hold  during 
pleasure  of  appointing  power.  (Not  applicable  to  officers  or 
employees  of  municipality  under  legally  adopted  charter,  or 
to  persons  appointed  to  office  or  employment  during  good 
behavior  under  civil  service  law  of  state  or  political  division 

thereof.)      (Cal.  XX  16.) 

If  not  provided  for  by  constitution  may  be  declared  by  law,  and 

if  not   so   declared   to  be  held  during  pleasure  of  appointing 

power.      (Ind.   XV  2;    Kan.   XV   2;    Nev.   XV   11;   N.Y.  X   3; 

Ore.  XV  2.) 
Of  inferior  state  officers,  not  provided  for  in  constitution,  to  be 

prescribed  by  law.     (Ky.  93.) 
If  not  provided  for,  to  be  during  pleasure  of  governor  and  coun- 
cil.     (Me.  IX  6.) 
As  prescribed  by  law,  for  officers  whose  appointments  not  pro- 
vided for  by  law.     (N.J.  VII  Sec.  II  9.) 
Fixed  by  law  in  cases  not  provided  for  in  constitution.      (Ohio 

II  20.) 
Legislature  at  first  session  to  fix  time  of  commencement  and  dura- 
tion of  term  of  all  officers  whose  election  not  provided  for  in 
constitution.     (Utah  XXIV  15;  Wash.  XXVII  11.) 
Legislature  to  prescribe  by  general  law,  for  public  officers  and 
agents,  if  not  provided  for  in  constitution.      (W.Va.   IV  8.) 
Time  of  Beginning 

To  be  prescribed  by  law  in  case  of  officers  authorized  or  directed 
by  constitution  to  be  elected  or  appointed,  unless  time  fixed 

by  constitution.     (Ky.  236.) 
Term  of  officers  for  whose  election   constitution  provides,  com- 
mences at  time  of  election,  unless  otherwise  provided  by  con- 
stitution.    (Md.  XV  9.) 
Term  of  officers  elected  or  appointed  pursuant  to  constitution  to 
commence,  except  when  otherwise  directed  in  constitution,  on 
date  of  commission ;  but  no  commission  shall  bear  date  prior 
to  expiration  of  term  of  incumbent.     (N.J.  VII  Sec.  II  11.) 


l.\l.|-\     DlC.  ESI 


PUBLIC  OFFICERS    (Conf,h 
Term  of  Office    (Cont'd) 

Time  of  Beginning   (Cont'd) 

Term  of  state  officer*  to  commence 

Legislature  at  first  sef 
whose  election  not  provided  for  in 

To  begin  on  January   1st,  unless  otl 

tin  i 
Term  of  elective  state  officers  to 
election,  except  as  otherwise  pp 

Term  of  state  officers,  except  t<>  till  van 
January  after  election.      (N.M.   W 
Term   to    commence   and    terrains 

Term  of  officers  elected  at  general  el< 

Monday  in  January  after  election.      (Utah   I 

All  officers,  except  governor,  eleel 

to  assume  duties  on  first   Monday  in 

State  officers  elected  at  a  general  el< 

first  Monday  in  January  after  election  01 
as  possible.     (Wyo.  VI   Elections 

Term  of  officers  provided  for  by  constitution 
Monday  after  January  1st  after  electi 

Term  of  elective  state  officers  to  begin  I 

after  • 

Term   of   state  officers  begins  on    I  ' 

in   January    after  election.      (Nebr.    XVI 

Term  of  executive  officers  begins  on  J 

of 

Term  of  officers  elected  under  constitution 

1st  after  election  unless  otherwise   provided    in 

Term  of  civil  officers  appointed  l 

mence  on  first  Monday  of   May  after  apj 
spectors  of  tobacco.     (Md.  II   13.) 

Term  of  civil  officers  to  begin  • 

Limit  on  Length 

Life  Tenure  Prohibited 

Election  or  appointment   to  ofl 
or  during  good  behavior,   bu 

No  person  to  be  elected  or  app  •  '  I 
or  during  good  behavior,  bul  t 
period,  except  notaries  publii  and    0 


]188  State   Constitutions 


PUBLIC  OFFICERS    (Cont'd) 
Term  of  Office    (Cont'd) 

Limit  on  Length   (Cont'd) 

Life   Tenure  Prohibited    (Cont'd) 

No  office  to  be  created  by  legislature  the  "  appointment  of 
which  shall  be  for  a  longer  time  than  a  term  of  years  ". 

(Ky.  23.) 
No  Longer  Than  Good  Behavior 

No  office  to  be  created  appointment  to  which  shall  be  for 
longer  time  than  during  good  behavior.      (Ala.  I  29;  Me. 

I  23.) 

No  office  to  be  created  or  exercised  appointment  to  which 

shall    be    for    longer    term    than    during    good    behavior; 

officers  to  hold  office  on  condition  of  good  behavior.     (Del. 

I  19,  XV  6.) 

Legislature  not  to  create  office  appointment  to  which  shall  be 

for   longer   term   than   during   good  behavior;    officers   to 

hold  office  on  condition  of  good  behavior.    (Pa.  I  24,  VI  4.) 

Specified  Number  of  Years 

Term  not  to  exceed  four  years  (not  applicable  to  officers  and 
employees  of  municipality  under  legally  adopted  charter, 
or  to  persons  appointed  to  office  or  employment  during 
good  behavior  under  civil  service  law  of  state  or  political 
subdivision  thereof).  (Cal.  XX  16.) 
Legislature  not  to  create  office  term  of  which  shall  be  longer 
than  four  years.      (Fla.  XVI  7;  Ind.  XV  2;  Kan.  XV  2; 

Nev.    XV   11;   Ore.  XV  2.) 
Term  of   inferior  state,  officers,  not  provided  for  in  consti- 
tution, to  be  not  over  four  years.      (Ky.  93.) 
Term  of  civil  officers  appointed  by  governor  and  senate  to 

be  two  years.      (Md.  II   13.) 

Term  of  elective  officers  under  constitution  to  be  four  years 

except  as  otherwise  provided  in  constitution.      (Miss.  XII 

252.) 

Where  not  fixed  by   constitution,  not  to  exceed   two  years 

(except   railroad   commission,   board   of   regents   of   state 

university,  boards  of  trustees  or  managers  of  educational, 

eleemosynary  and  penal  institutions  of  state  and  boards 

now   or   hereafter    established   by   law).      (Tex.    XVI    30, 

30a.) 
Extension  After  Election  or  Appointment 

Not  to  be  extended  by  law  after  election  or  appointment.   (Colo. 
V  30;  Del.  XV  4;  111.  IV  2S;  Mont.  V  31;  Pa.  Ill  13;  Wyo. 

Ill  32.) 
Not  to  be  extended  beyond  period  for  which  elected  or  appointed. 

(Mo.  XIV  8;  Okla.  XXIII  10.) 
Not  to  be  extended  bv  law  after  election.      (W.Va.  VI  37.) 


I  >K, 


11 


PUBLIC  OFFICERS    (l 
Term  of  Office    (Con 

Holding  Over  After  Term 

Until  succi  qualified,     i   . 

XV  5;  Mo.  XIV  .,;  Okrla    Win 

Civil  officers  under  atate  shall,  cm 

exercise  duties   until    -  .    (], ,.,!,: 

members  of  Ieg5sla1 
more  of  whom  are  ele< 

State  officers  to  continue  in  ■■ 

BO 

If  constitution  or  law  provides 

tier   of   legislature)    to   hold    until 

Inferior  state  officers,  not  provided  for  In  • 

until 
Until  successors  inducted  into  off! 

Civil  officers  appointed  by  governor  and 

SI!' 

Every  officer,  unless  removed,  to  hojd  office  ui 

fied. 
All  officers  except  members  of  legisl  itun   I 

■ 
Legislature  to  provide  by  law  for  continu 
"  of  annual  election  or  appointment  "  until 

Officers  elected  under  constitution  I 

Commissions  to  Express 

Commissions  to  express  tenure  of  • 
Re-election  to  Same  Office,  See  ah 
Disqualifications  —  Pkior  Sbbi 

In  Case  of  Vacancies,  See  belov,  this  tii 
Unauthorized  or  Invalid  Acts 
See  also  above,  this  title,  MlSi 
No  law  to  be  passed  legalizing,  or  vali 

Not  to  be  legalized  excepl  a-  ag 

law.      (Cal.  IV  25;   Ma.  Ill    1'.':  N.D.  1 1  '■'.';  W 

Of  officers  or  public  agents  ol 
against  state,  by  Local  o*  special 

Of  officer,  servant  Or  agenl 

Misconduct  in  office  as  diaqualil 

FICATIONS   AND   1)I^«.IAI.II  l<   LTIOH 


1190  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 
Vacancies  in  Office 
Method  of  Filling 
In  General 

Legislature  to  provide  for  filling.      (X.Y.  X  5.) 

Filled   as  prescribed  by  law,   if  not  otherwise  provided  for 

in  constitution.     (Kan.  II  19;  Ohio  II  27;  Wis.  XIII  10.) 

Same;  in  cases  of  emergency,  provisional  appointments  may 

be  made  by  governor  to  continue  until  vacancy  regularly 

filled.  (Miss.  IV  103.) 
Filled  as  prescribed  by  law  if  not  otherwise  provided  for  by 
constitution.  During  recess  of  senate  in  cases  not  other- 
wise provided  for  in  constitution,  filled  by  governor  until 
end  of  next  session;  failure  of  governor  to  send  to  senate 
name  of  person  appointed  to  be  equivalent  to  rejection; 
person  nominated  and  rejected  by  senate  not  to  be  ap- 
pointed to  same  office  during  recess  of  senate.      (La.  72, 

171.) 

Filled  as  prescribed  by  law,  if  not  otherwise  provided  for 

in  constitution,  but  successor  not  to  hold  for  longer  than 

unexpired  term.     (Tenn.  VII  4,  5.) 

Filled  as  prescribed  by  law,  if  not  otherwise  provided  for 

by  constitution;  vacancies  in  state  office  filled  by  governor 

with  advice  and  consent  of  senate  if  in  session.      (Mich. 

XVI  5,  VI  10.) 
Filled  as  prescribed  by  law,  if  not  otherwise  provided  for 
by  constitution.     During  recess  of  legislature,  if  no  pro- 
vision  by   constitution   or   laws,   filled  by  governor   until 
end  of  thirty  days  after  beginning  of  next  session  of  legis- 
lature.    (Va.  IV  56,  V  73.) 
Filled  by  governor,  if  not  otherwise  provided  by  constitution 
or  law.     (Ariz.  V  8;  N.D.  Ill  7S;  S.D.  IV  8;  Wyo.  IV  7.) 
Filled  by  governor,  unless  otherwise  provided  by  law,  until 

successor  qualified.     (Okla.  VI  13.) 
Filled  by  governor,  except  as  otherwise  provided  in  constitu- 
tion until  filled  according  to  constitution.      (Ky.  76.) 
Filled  by  governor,  unless  otherwise  provided  by  law,  until 
successor  commissioned  as  provided  in  constitution  or  by 

law.     (Ga.  V  Sec.  I  14.) 
Filled  by  governor,  and  in  his  absence  by  lieutenant-governor, 
•  until  office  can  be  filled  in  manner  directed  by  law  or  con- 
stitution.    (Vt.  II  20.) 
Filled  by  governor  for  unexpired  term,  if  no  provision  in  con- 
stitution or  by  law.     (Fla.  IV  7.) 
Filled  by  governor,  unless  otherwise  provided  by  law,  until 
successor  elected  or  appointed  and  qualified.     (Mo.  V  11.) 
Filled  by  governor,  in  case  of  state  office  for  which  no  pro- 
vision made  in   constitution,   until   successor   elected    and 
qualified.     (Ind.  V  18;  Ore.  V  16;  Wash.  Ill  13.) 


Im>i:\    Die 


PUBLIC  OFFICERS    (Cont'd) 

Vacancies  in  Office    (Cont'd) 
Method  of  Filling   (Cont'd) 
In   General    (Cont'd) 

Filled  by  governor,  if  do  provision  u 
till  end  of  uea 

lulled  by  governor,  if  not  other*  i 
tion  or  law,  until  filled  bj  : 

If   vacancy   occurs   during 

governor  to  fill   until   next    w 

makes  nomination,     i  [da,   1\ 
If  vacancy  occurs  during 

ment  or  election  to  which  is  nol  pi 

ernor  until  next  meeting  ol  when  hi 

poison  to. fill  office.     (Colo.  1\ 
If  vacancy  occurs  during  session 

(except   member   of   legislaturi 

provided  by  law,  by  governor  with 

members  of  senate  present  ; 

filled,  unless  otherwise  provided  by  law,  I 

nomination  made  to  senab 

sion;   if  officer  rejected  \<\ 

and  governor  to  make  further  nam 

tion;   if  no  confirmation  durii 

appoint  to  fill  vacancy  any  person 

may  appoint  other  person  until  in 

until  regular  election.     (Tex.   IV 
Appointive  Offices 

If  vacancy  during  recess  of 

ernor  may  appoint   (except   chancellor,  cl 

associate  judges),  he  may  fill  until   • 

If  vacancy  during  recess  of  senate  m 

by  governor,  until  next  n  na- 

tion to  be  made,  and  person  nominab 
majority   of   senators   elected    voting    !■> 
shall  hold  office  during  remainder  of 
cessor  qualifies;   after  rejection   I 
be  nominated   for  same  office 
request  of  senate,  nor  be  appi 
recess  of  legislature.      (111.    V    11;    Nebr    V  11.) 

Same;  except  during  recess  of 

bin   .      >'•  \  i   \ 

If  vacancy  during  session  of 

before   final   adjournment,    in   office   wbicl 
senate  have  power  to  fill,  uominat 

final    adjournment  ;    if   during 
may  fill  till  end  of  n^' 


1192  State  Constitutions 


PUBLIC  OFFICERS    (Cont'd) 

Vacancies  in  Office    (Cont'd) 
Method  of  Filling    (Cont'd) 

Appointive  Offices    (Cont'd) 

made;  nomination  to  be  made  to  senate  within  thirty  days 
after  meeting  of  legislature;  after  rejection  by  senate 
person  not  to  be  nominated  for  same  office  at  same  session 
unless  by  request  of  senate,  nor  appointed  to  same  office 
during  recess  of  legislature.      (Md.  II  14,  11,  12.) 

If  vacancy  during  recess  of  legislature  in  office  which  is 
filled  by  governor  and  senate,  governor  to  fill  vacancy 
until  end  of  next  session,  unless  successor  sooner  ap- 
pointed; no  appointment  or  nomination  to  be  made  by 
governor  during  last  week  of  term ;  if  person  nominated 
for  office  of  trust  or  profit  under  government  of  state  is 
not  confirmed  before  recess,  he  is  not  eligible  for  appoint- 
ment to  such  office  during  such  recess.      (N.J.  V   12,  3.) 

If  vacancy  during  recess  of  senate  in  office  to  which  governor 
may  appoint  with  consent  of  senate,  filled  by  governor  un- 
til next  session  of  senate,  when  office  filled  by  governor 
with  consent  of  senate  for  unexpired  term.     (N.M.  XX  5.) 

If  vacancy  during  recess  of  senate  in  office  to  which  gov- 
ernor may  appoint,  with  consent  of  senate,  he  may  fill 
until  end  of  next  session;  if  vacancy  occurs  during  ses- 
sion of  senate  he  shall  make  nomination  before  final  ad- 
journment ;  in  acting  on  nominations  senate  to  sit  with 
open  doors  and  votes  to  be  by  yeas  and  nays  and  entered 

on  journal.     (Pa.  IV  8.) 
Elective  Offices 

If  not  otherwise  provided  by  constitution  and  laws,  filled 
by  governor  until  qualification  of  successor  elected  at  next 
general  election.      (Ark.  VI  23.) 

If  vacancy  in  elective  office  (except  lieutenant-governor  and 
members  of  legislature)  governor  may  fill  until  successor 
qualifies,  and  election  to  be  held  for  full  term  at  next  gen- 
eral election,  unless  within  two  months,  in  which  case  at 
second  general  election.      (Del.  Ill  9.) 

Election  to  fill  vacancies  to  be  for  unexpired  term;  appointees 
to  fill  vacancies  to  elective  office  under  constitution  to 
serve  only  to  election  and  qualification  of  successor  at 
next  general  election.      (Fla.  XVIII  6,  7.) 

Legislature  may  provide  by  law  for  filling  unexpired  terms 

by  special  elections.     (Ga.  V  Sec.  I  9.) 

Appointee  to  hold  only  till  election  and  qualification  of  suc- 
cessor at  next  general  election,  who  holds  for  unexpired 

term.      (Iowa  XI  6.) 

Except  as  otherwise  provided  in  constitution,  if  unexpired 
term  of  elective  office  ends  at  next  annual  election,  at 
which  city,  town,  county,  district  or  state  officers  are  to 
be  elected,  filled  by  appointment  for  remainder  of  term ; 


1 


PUBLIC  OFFICERS    (Cont'd) 
Vacancies  in   Off*  e     i 

Method  of  Filling   {Co»f 
Elective   ■'■ 

if  \maxpired  term  will 

intervene  befwe  nesri  - 

meat  untij  elqctwn  wad  ii  i 

term;   ii  ihivc  months 

pointment   until 

remains  unexpired,  office  Ml.  I  bj 

time  for  ejection  to  lil 

ernor  \n 

than  counly  and  made  

(not  to  apply  to  eXet  tion  o| 

mon  scIk.iiI  dietrici  elections  >■  !u  b 

lature    except    as    otherv 

Vacancies  in  state  offi 

ernor  until  next  annual  el. 

Where  no  provision  made  in  conatitul 
governor  till  next,  elect  inn   ami  qui 
vacancies  in  state  offices,  tilled  by  .. 
until  next  general  election. 

Vacancies   in    state   offices    (except   1;. 
nienilier  of  legislature  i ,  filled   I 
eral   election,  when   BUCCessor 

Appointees  not  to  hold  longer  than   beginn 
year  after  first  annual  eleel  ion 

\  acancies  in  elective  state  offi 
lature  or  governor)    filled   ! 
moved  or  successor  qualified; 
first  general  election  more  than  thi 
person  elected  to  serve  tor  unepepu 
other  elective  offices  filled  for  un(  t 

bj 

If  vacancy  during 

governor  may  fill,  he  maj    61J 
if    vacancy    during 
made  before  final  adjournmenl 
next  election  appropri 
within  two  calendar  months  | 
case    at    second 

Appointees  to  hold  only  until  fir  I 
successor  to  be  el 

Vacancy  in  state  ..tV.ce.  wl 
and  laws,  filled  by 
fication  of  successor.     [Utah  VII 


1194  State  Constitutions 


PUBLIC  OFFICERS    [Cont'd) 
Vacancies  ix  Office   [ConV 
Method  of  Filling   [Cont'd) 
Elective   Offices    [Cont'd) 

Vacancy  occurring  prior  to  general  election,  filled  by  ap- 
pointment as  prescribed  by  constitution  or  general  law 
until  qualification  of  person  elected  at  general  election 
for  residue  of  unexpired  term.  (W.Va.  IV  7.) 
Elections  to  fill  vacancies  to  be  for  unexpired  term.  (Colo. 
XII  11;  Fla.  XVIII  7;  Iowa  XI  6;  Ky.  152;  Xev.  XVII 
2;  Ohio  XVII  2:  Tex.  XVI  27;  W.Va.  IV  7.) 
Offices  to  Which  Legislature  Appoints 

During  recess  of  legislature,  in  office  appointment  to  which 
is  vested  in  legislature,  governor  to  fill  until  successor 
elected  and  qualified.      (Ind.  V  18;  Ore.  V  16;  Wash.  Ill 

13.) 
During  recess  of  legislature,  in  office  to  which  legislature  by 
constitution  may  appoint,  filled  by  governor  until  end  of 
next  session  of  legislature.      (Tenn.  Ill  14.) 
During  recess  of  legislature,  in  office  which  is  filled  by  legis- 
lature, filled  by  governor  until  end  of  next  session,  ur.; 
successor  sooner  appointed.     (N.J.  V  12. 
When  Vacancy  Exists 

For  vacancies  caused  by  removal  or  suspension,  See  above,    this 

title.  Removal. 
vacancies  caused  by  impeachment.  See  IiiPEACHiiENT. 
Legislature  may  declare  cases  in  which  office  deemed  vacant  when 
no  provision  made  in         -       ition.     (Mich.  XVI  5;  X.Y.  X   8; 

Va.  IV  56:  Wis.  XIII 
If  officer  refuses  or  neglects  to  qualify  within  time  prescribed 

by  law.  office  to  be  vacant.      (Colo.  XII   10. 
Offices  created  by  constitution  to  become  vacant  by  death,  removal 
from  state,  resignation,  conviction  of  felony,  impeachment  or 
becoming  of  unsound  mind.     Legislature  to  provide  for  filling 
by  general  law,  if  no  provision  made  in  constitution.      (Xebr. 

ni  _ 

Compensation  of  Successor 

Successor  of  state  officer  to  receive  only  salary  provided  by  I 
at  time  of  his  election  or  appointment.     (LTtah  V  11  2 
Welfare  of.  See  Labob  —  Public  Work. 

PUBLIC  PRINTING 

Done  by  state  printer  elected  at  election  held  for  state  officers  for  two 
yea-  until  his  s         --    -     -  and  qualified.      (Kan.  XV  4.) 

State  printer  may  be  provided  for  by  law;  to  have  not  less  than  10 
years'  experience  in  art  of  printing;  compensation  to  be  provided  by 
law.     To  be  elected  or  ted  as  1  by  law  and  until  law  is 

passed,  elected     -  re  provided  by  constitution  and  general  I 

re.  XII   1.) 

Legislature  to  bar-  -"  a  state  print     »  -     oro- 

ride  f or  1  ippomtment  of  a  state  printer.      ( Okla.  V     " 


Index   Du 


PUBLIC  PRINTING   [Cont'd) 

Laws    may    be    passed    providing    for    manner 

.11 
To  be  let  on  contract  to  lo  sponsible  bi< 

state  in  manner  prescribed   by  law. 
Legislature  to  prescribe  by  law  maimer  in  wl 

and  accounts  rendered  therefor;   to  'it  "all 

tive  labor";  not  to  rescind  or  alter  conti 

them  or  sureties  from  performance  of  any  conditi 

Contracts   for,  See  Public  Contra.) 

PUBLIC  PROPERTY 

For  property  of  United  Sta 

For  property    of  cou  munieij 

Account  of 

To  be  given  every  three  months  and 
by     all     public     boan  -  imiss  u 

officers  of  public  magazines  and  stores 
forts  and  garrisons.     (Mass.  Pt.  II  Ch.  U  Sec.  1 
Appropriation  of 

See  also  below,  this  title,  Gka> 

On  final   passage  of  act  making,  continuing 

fi  ths  of  elected  members  constitute  a  quorum  a 
must   be  taken  and  entered  on  journals.       N.V.   Ill 
For  local  or  private  purposes  requires     - 

bers  ted    to   each   branch  of   legislature.  I 

111 

Banks  and  Bank  Stock 

gr<  e  Banks  —  State  Banks. 

Banks  — State  Interest   in. 
Canals.  See  Canals. 
Contracts,  See  Public  Contracts. 
Confiscated  Property 

B«  irs  of  may  be  released  from  taxes  due  at  date  of  >-        - 

Educational    Fi  .ucation  —  Fun 

^SLure  empowered  t 

or  more  terminal  grain  elevator,  in  th, 
inspection,  weighing  and  grading  of  all  grain  r, 

applies    to    elevators    in    Minnes 

GIFTS    TO    STATE    FOR    RELIGIOUS    P. 

Mate    not    to    accept    property    to 
t>  ■      •      i  ^  ,11  funds  aris 

ODJefet   of   original  grant.      (Ohio   \  1 
See  also  above,  this  title,  APPROPBIATIO! 


1196  State  Constitutions 


PUBLIC  PROPERTY    (Cont'd) 
Grants    (Cont'd) 

Taxation  affected  by,  See  Taxation  —  Power  to  Tax. 

Law  granting  a  donation  or  gratuity  in  favor  of  any  person  or  object 
must  have  a  majority  of  two-thirds  members  elect  of  each  branch 

of  legislature.      (Miss.   IV  66.) 

Grant  or  donation  of  property  never  to  be  made  by  state  to  any 
hospital,  asylum  or  other  institution  not  under  direct  control  of  the 
state  as  a  state  institution,  except  those  conducted  for  support  of 
minor  orphans  or  abandoned  children  or  aged  poor,  such  aid  to  be 
granted  by  uniform  rule  and  the  state  to  have  the  right  at  any  time 
to  inquire  into  management  of  such  institution.     (Cal.  TV  22.) 

Legislature  not  to  make  any  to  any  charitable  institution  not  owned 
or  controlled  by  the  state,  except  to  non-sectarian  institutions  for 
the  reform  of  youthful  criminals.      (Va.  IV  07.) 

Legislature  not  to  grant  any  donation  or  gratuity  in  favor  of  any 
person    corporation   or   association.      (Ga.   VII   16.) 

State  never  to  make  any  donation  or  grant  to  any  individual,  asso- 
ciation or  corporation.      (Mont.  XIII   1.) 

State  not  to  make  donation  to  or  in  aid  of  any  individual,  association 
or  corporation,  except  for  necessary  support  of  poor.      (N.D.   XII 

185;  S.D.  XIII  1;  Wyo.  XVI  6.) 

Property  of  state  not  to  be  granted  to  or  for  any  person  or  persons, 
association  or  corporation,  public  or  private.      (La.   5S.) 

Legislature  not  to  have  power  to  make  or  authorize  making  of  any 
gift  of  any  public  thing  of  value  to  any  individual,  municipal  or 
other  corporation  whatever,  nor  shall  any  grant  or  donation  of 
public  property  ever  be  made  to  any  corporation  or  association  ex- 
cept aid  pursuant  to  section  22  of  this  article.      (Cal.  IV  22,  31.) 

Legislature  shall  have  no  power  to  grant  or  authorize  any  grant  of 
public  money  or  thing  of  value  to  any  individual,  association  of 
individuals,  municipal  or  other  corporation  whatever,  this  not  to 
prevent  aid  in  case  of  a  calamity.      (Mo.  IV  46.) 

State  not  to  make  any  donation  to  or  in  aid  of  any  person,  associa- 
tion, public  or  private  corporation,  or  in  aid  of  any  private  enter- 
prise for  construction  of  any  railroad,  except  as  otherwise  pro- 
vided  in  constitution,   but   state  may   provide   for   care  of  sick   or 

indigent  persons.      (X.M.  IX  14.) 

State  not  to  make  a  donation  or  grant  to  or  in  aid  of  any  corpora- 
tion or  company.      (Colo.  XI  2.) 

State  not  to  make  a   donation  to  any  company,  association   or  cor- 
poration.     (Ky.  177.) 

State  not  to  make  donation  by  gift,  subscription  to  stock,  by  tax 
or  otherwise   to   any  company,   association   or  corporation.      (Okla. 

X  15.) 
Grants  for  Religious  Purpose 

Grants  to  sectarian  schools,  See  Education  —  Sectarian  Schools. 

Property  of  state  not  to  be  appropriated  for  benefit  of  any  religious 
sect   or   society,    theological    or    religious    seminary.      (Mich.    II    3; 

Tex.    I    7.) 


[jfD 


PUBLIC  PROPERTY    (I 

Grants  fob    Religioi  s  Ptjbb 
Law   making  donation 

Persona]   ptfopertj 
any  religions  creed,  church  •  i 

Public   property   not  to  b 


ligious  worship,  cxei 


Iigious  establishment,     i  Ariz.  [I  12 
Public  property  hot  to  be  appropri   I 

use,  benefit  or  support  of  a 

of  religion,  or  for  any  priesl . 

teacher  or  dignitar 

II 
Legislature  not  to  make  to  any  ohm 

tion    or    institution    which   is   en1 

directly,    controlled    by    any    church 

No   grant   or  donation   of   public   propi 
made  by  state  for  any  religious 
-whatever,    except    as    provided    h 

Xo  grant  or  donation  of  land,  monej 
to  be  made  by  state,  to  any  church 

Grant  or  donation  by  state  or  anj    |  ubli 
or  for  any  sectarian  pvii  pose  or  ] 
church   or   sectarian   society   or   fo 
educational,     literary    or     scienti 
church   or   sectarian    denomination    i" 

No  property  of  the  state  to  be  given  for  I 
or  religious  society,  institution  i 

VIII  I 

Property  of  state  never  to  be  used  bj    gift, 
appropriation  or  otherwise  in  aid   01 
school,  hospital,  orphan   house  or  other   ii 
gariizatioh,  wholly  6r  in  pari  i 

or   sectarian   denominati- 

Insurance  of 

Public  buildings  or  prqpertj    i 

■ 

Lands,  Bee  Pi  hi.ic  Lands. 

Lease 

Can  I  anai.s--Sivii:  I 

Public  lands;  See  PUBLIC   LANDS        1  I 
Water  power,  See  Waters  -  \\  a 


1198  State  Constitutions 


PUBLIC  PROPERTY    (Cont'd) 
Liens  on  Railroads 

Lien  of  state  on  Illinois  Central  Railroad  in  accordance  with  char- 
ter not  to  be  released,  altered  or  remitted.      (111.  XIV  I.C.R.R.) 

Assembly  to  have  no  power  to  release  or  alienate  if  held  by  state, 
or  change  or  pass  any  act  explanatory  thereof,  but  to  be  enforced 
in   accordance   with   original  terms.      (Mo.   IV  50.) 

Legislature  has  no  power  to  release  or  alienate  any  lien  held  by 
state  on  any  railroad  or  in  anywise  change  the  tenor  or  meaning 
or  pass  any  act  explanatory  thereof,  but  same  to  be  enforced  in 
accordance     with     original     terms     upon     which     acquired.      (Tex. 

Ill  54.) 
Loan  or 

Not  to  be  loaned  to  or  for  any  person  or  persons,  association  or  cor- 
poration, public  or  private.      (La.  58.) 

Obligations  Owned  by  State 

Debt,  liability  or  other  obligations  of  person  or  corporation  due  state 
not  to  be  released  by  special,  private  or  local  laws.  (Ariz.  IV 
19;    Cal.   IV  25;    Ida.   Ill   19;    Mont.  V  26;    Nev.   IV  20;   N.D.   II 

69;    Wash.   II   28;    Wyo.   Ill   27.) 

No  special  or  local  law  to  be  passed  relinquishing,  extending  or  ex- 
tinguishing, in  whole  or  in  part,  any  indebtedness  or  liability  of 
any  person  or  corporation  to  state.      (N.M.  IV  24.) 

Legislature  not  to  enact  any  local,  special  or  private  law  remitting, 
releasing,  postponing  or  diminishing  any  obligation  or  liability  due 
state  from  any  person,  corporation  or  association.      (Va.   IV  63.) 

Local  or  special  laws  releasing  persons  from  obligations  due  state 
prohibited;  unless  recommended  by  governor  or  ofhcers  of  treasury 

department.      (Ma.  Ill  33.) 

No  bill  which  releases  or  commutes  claim  or  demand  of  state  shall 
be  passed  except  by  affirmative  vote  of  majority  of  all  members 
elected  to  each  house;  vote  to  be  by  yeas  and  nays  and  votes  for 
and  against  entered  on  journal.      (Va.  IV  50.) 

On  passage  of  law  which  releases,  discharges  or  commutes  a  claim 
or  demand  of  state  question  to  be  by  yeas  and  nays  duly  entered 
on  journal  and  three-fifths  of  members  elected  to  each  house  re- 
quired for  quorum.      (X.Y.  Ill  25;  Wis.  VIII  8.) 

Legislature  to  have  no  power  to  release  or  extinguish,  or  authorize 
releasing  or  extinguishing,  in  whole  or  in  part,  indebtedness, 
liability  or  obligation  of  any  corporation  or  individual  to  state. 
(111.  IV  23;  Ky.  52;  La.  59;  Mo.  IV  51;  Okla.  V  53;  Tex.  Ill  55.) 

No  obligation  or  other  liability  of  any  railroad  or  other  corporation 
held  or  owned  by  state  ever  to  be  exchanged,  transferred,  remitted, 
postponed  or  in  any  way  diminished  by  legislature,  or  released 
except  by  payment  into  state  treasixry.     (Ark.  V  33,  XII  12.) 

No  obligation  or  liability  of  any  person,  association  or  corporation 
held  or  owned  by  state  ever  to  be  remitted,  released  or  postponed 
or  in  any  way  diminished  by  legislature,  except  by  payment  into 
proper  treasury,  or  exchanged  or  transferred  except  upon  payment 


I.M'KX     DlQ]  SI 


PUBLIC  PROPERTY    (Cont'd) 

Obligations  Owned  hv  State   [Cm 
of  ite  face  value;  but  this, 
by   genera]    law    for   com] 

t      •  1  '* 

Legislature  to  have  no  p, 

l»a.'t   indebtedness,  liability   or  ob 

ration   to  state.      (S.D.    Ill   24 

Corporate  obligations  held  or  owj 

ferred   or   released 

XT  ,,■  ■ 

No  obligation  or  liability,  pf  anj    pei 
held  or  owned  bj   state  evi  r  to  be  ti 

released  or'postp ;d  or  in  any  vva 

extinguished   except   by  paymenl    h 

Same;   adding  court  proceedings.      -  \.M.   IV 
Legislature  not  to   release  countj 

obligation  to  repay  to  state  moneys  expended 

of  its  assumption  of  debts  and   liabilities  • 

Pledge 

Not  to  be   pledged   to  or   for  any   j  erson 
corporation,    public  or   private  . 

Public  Buildings 

Bonds  for,  See  State  Debt — Purpose       Publk 
Governor's  residence,  See  Governor       Rj 
Grants  o     public   land  for 

See  Public  Lands  —  Sale — Provision   i 

See  Public    Lands —  Trusts   in. 
State  institutions,  county  or  municipal   buil 

Construction,  care  and  preservation  of  all.  not  un 
of   officers   of   public   institutions,    to    be   intrusted    t 
boards  and  under  regulations  prescribed   bj    law. 

Laws  relating  to  public  buildings  and   improi  1   f r««i 

provision   that  no   laws   be  enacted    to   tak 
any  authority  other  than   legislature.        i  Kj 
Sale 

Canals,  See  Canals    -  State  Canals. 

Public  lands.  See  Public  Lands 

Board  of  public  works   may  sell   state's   il 
ternal  improvement,  whether  as  stockholder  oi 
interest  in  any  banking  corporation,  i 
registered  debt  now  owing  by  state,  equal   in   amount 
tained  for  state's  >aid   interest,     (Md«   Ml 

Proceeds  of  sale  of  any   railroad  or  other   prop 
used  for  payment  of  the  public  debt  and  as  other  purp. 


1200  State   Constitutions 


PUBLIC  PROPERTY    (Cont'd) 
Sale   (Cont'd) 

as  state  has  debt,  except  that  in  case  of  one  railroad  mortgaged 
to  secure  certain  bonds,  proceeds  of  its  sale  to  be  applied  thereon. 

(Ga.  VII  Sec.  XIII  1.) 
School  Find,  See  Education — Funds. 

State  Ownership  Forbidden 
Banks  and  bank  stock 

See  Banks  —  State  Banks. 
See  Banks  —  State  Interest  in. 
State  not  to  become  stockholder  in  any  corporation.      (Iowa  VIII  3.) 
Legislature  not   to   have   power   to   authorize   state  to   subscribe  for 

or  to  become   stockholder  in  any  corporation.      (Cal.   IV  31.) 
State  not  to  be  joint  owner  or  stockholder  in  any  company.      (Ohio 

VIII  4.) 
State  not  to  become   stockholder  in   any  association   or   corporation. 

(Ida.   VIII   2;    Miss.   XIV   258.) 
State  not  to  become  subscriber  to  or  owner  of  capital  stock  of  any 

association    or    corporation.      (S.D.    XIII    1.) 
Xot  to  subscribe  to  or  become  owner  of  capital  stock  of  any  associa- 
tion or  corporation.      (Ark.  XII  7;   N.D.  XII   185;   Wyo.  XVI  6.) 
State  not  to  become  stockholder  in   any  corporation   or   association. 

(Ind.  XI   12.) 

Not  to  purchase  or  subscribe  to  stock  of  or  become  part  owner  in 

any    corporation    or    association,    or    for    any    private    enterprise. 

(La.    58.) 
State  not  to  become  joint  owner  or  stockholder  in  any  company  or 

association.      (W.Va.  X  6.) 
State   not   to   become   joint   owner   or   stockholder   in   any   company, 

association,   or   corporation.      (Ga.  VII   Sec.   V    1;    S.C.   X   6.) 
Becoming  joint  owner  or  stockholder  in  any  company,  association  or 

corporation   forbidden.      (Fla.   IX    10;    Pa.   IX   6.) 
State  not  to  become  owner  or  stockholder  in  any  company,  associa- 
tion or  corporation.      (Ky.  177.) 
State  not  to  subscribe  to  or  be  interested  in  stock  of  any  company, 
association   or  corporation.      (Cal.  XII   13;   Mich.   X   13;    Okla.  X 

15;  Ore.  XI  6;  Wash.  XII  9.) 
State   not    to   become    "  stockholder   with   others    in    any   association, 

company,   corporation,   or  municipality".      (Tenn.   II   31.) 
Not  to  subscribe  to  or  become  interested  in  "  stock  or  obligations " 
of  company,   association   or   corporation   "  for   the   purpose   of   aid- 
ing   in    the    construction    or    maintenance    of    its    work".      (Va. 

XIII  185.) 
Legislature  not  to  authorize  state  to  subscribe  to  stock  or  bond  in 
aid  of  any  railroad,  telegraph,  or  other  private  individual  or 
corporate  enterprise  or  Undertaking:  (Utah  VI  31.) 
State  not  to  subscribe  to  or  be  interested  in  stock  of  any  company, 
association  or  corporation  except  corporations  formed  for  educa- 
tional  or  charitable  purposes.      (Nev.  VIII  9.) 


1  \M  ..    I )  . 


PUBLIC  PROPERTY    (< 
State  Ownership  I  i 
Legislature  not   to 
state,    in    any    corporal 
heretofore  extendi  1   I  i 

State  not   to    I  stlbscri 

or   corporation,    or    i     o  • 
corporation  except  as  I 
by  operation  or  provis 

State  not  to  become 

or  corporation,  or  joint  owner  wil 
poiation,    "public    or    private"    i- 
ownership"  as    accrues 
operation    or    provision    of    la\ 
to    state   jointly   with    any    pe 
sale  of  real  estate  for  non-paymen1    ol    I 
us,    or  purchase  under  execution   in  i 
drfeiture   or   recogniz  u 
to   secure   public   mom  perform 

state  jointly  or  severally 
Stationery  and  Supplies 

Contracts   for,    See    PXTBLSC   CONTRAJ  C8 

Purchased  as  may  be   provided   by   law. 
Taxation 

See  Taxation  —  Exemptions — Ptjblio   I 

See  Taxation  — Exemptions  —  Sr\u:  Psora 
Territorial 

Of    territory    becomes    property   ol 

Trusts 

See  also  Education — Funds. 

All  trust  funds  held  by  state  t<>  remain  invi 

sively  to  purposes  of  trust.     (Intl.  VII I 
State  dteeepts  all  grants  of  land   and  donatii 
United    States    under    tin-    previifoiM 
other   acts   of  etrngness,    for   ttsee   Hid 
and  under  limitations  for  which  L'i 
pledged   to   preserve   such    lands   and 
rived  from   sale  of  any   lands  ae 
same  for  uses  and  purposes  for  w^i-l> 

All   land,  money  or  other  pro,. 
United    State,    or    any    Otl 
institution   or   purple,    and    pi 
pro<i«'.'tv    to    be    and    reman,    perpetu 
of  which,  toother  WWl  of  »"   '' 

appropriated    and   applied 
gifts-    principal   of  everv   fund    ma, 


1202  State  Constitutions 


PUBLIC  PROPERTY    (Cont'd) 
Trusts    (Cont'd) 

ished  ami  interest  and  income  only  used;   every  such  fund  deemed 
a  trust  fund  held  by  state,  state  to  make  good  all  losses  thereof. 

(N.D.  IX  159;  S.D.  VIII  7.) 
Legislature  to  have  power  to  receive  from  United  States  any  grant 
or  donation  of  land,  money,  or  securities  for  any  purpose  desig- 
nated by  United  States,  and  to  administer  or  distribute  the  same 
according  to  conditions  of  grant.  (Md.  Ill  46.) 
State  accepts  lands  and  money  granted  and  donated  by  Congress  to 
state,  for  educational  and  other  objects  with  limitations  and  con- 
ditions or  imposed  by  act  making  grant  or  donation;  proceeds  of 
sale  or  rental  of  lands  or  property  received  from  United  States 
or  other  source  inviolably  applied  to  purpose  specified  in  grant  or 

gift.  (Wyo.  XVIII  1,  2.) 
The  natural  oyster  beds,  rocks,  and  shoals,  in  the  waters  of  this 
state,  not  to  be  leased,  rented  or  sold,  but  to  be  held  in  trust  for 
benefit  of  people  of  this  state  subject  to  such  regulations  and  re- 
strictions as  general  assembly  may  prescribe,  but  general  assembly 
may,  from  time  to  time,  define  and  determine  such  natural  beds, 
rocks  or  shoals  by  surveys  or  otherwise.  (Va.  XIII  175.) 
Waters,  See  Waters  —  Public  Property. 

PUBLIC  PURPOSES,    See   "  Eminent   Domain  ",   "  Waters  ",   "  Taxation  ", 

"  State  Debt  ". 
PUBLIC  RECORDS 

Military  records,  See  Military  Records,  Banners  and  Relics. 
To  be  conducted,  promulgated  and  preserved  in  English  language.      (La. 

165;   Mich.  XVI   6.) 
Official  writings  to  be  preserved  and  published  in  no  other  than  English 

language.      (Cal.    IV   24;    111.    Sched.    18.) 
To  be  kept  at  seat  of  government  by  officers  in  whom  executive  authority 
of  state  vested.      (Ariz.  V  1;   Colo.  IV  1;  Ida,  IV  1;  111.  V  1;  Ind.  VI 
5;   Mo.  V   1;    Mont.  VII   1;    Nebr.  V   1;    N.M.  V   1;   Okla.  VI   1;   Ore. 
VI  5;   Utah  VII   1;    Wash.  Ill  24;   W.Va.  VII   1.) 
Secretary   of    state    to    keep   records   of   the   state.      (Me.   V   Pt.    Ill    2; 

Mass.  Pt.  II  Ch.  II  Sec.  IV  2;  N.H.  II  67.) 
Secretary   of   state   to  keep   and   preserve   record  of   all   official   acts   and 
proceedings,  open  to  inspection  of  committee  of  either  house  of  legis- 
lature.     (Md.   II   23.) 
Secretary  of  state  to  keep  public  records  and  documents,  particularly  the 
acts,    resolutions    and    orders    of    the    legislature    and    record    them. 

(Conn.  IV  18.) 
Secretary  of  state  to  keep  record  of  official  acts  of  legislative  and 
executive  departments,  and  when  required  lay  same  and  matters  rela- 
tive thereto  before  either  house  of  legislature.  (Cal.  V  18;  Fla.  IV 
21;  Nev.  V  20;  Ore.  VI  2;  Utah  VII  16;  Wash.  Ill  17;  Wis.  VI  2.) 
Secretary  of  state  to  keep  record  of  official  acts  and  proceedings  of  gov- 
ernor and  council,  and  legislature,  and  when  required  lay  same  before 
either  branch  of  legislature.      (Me.  V  Pt.  Ill  4.) 


Index    Di< 


PUBLIC  RECORDS    (Cont'd) 

Secretary    of    slate    to    keep    record    i  I 

governor    and    when    required    I... 

before  legislature.      |  Ark.  \  |  21;    Mi-.  \ 
Secretary   of   state  to  keep   n 

governor;   when  required   lay  same  and   ; 

either  branch  pf  legislature,     i  h.i.   m    , 

Secretary    of    state    to    keep    record 

them  and  lay  copies  and  copies  oi  papi 

house  when  required.     (Mo.  V  21.) 
Secretary  of  state  to  keep  dailj    record  •  : 

by  governor  and   attested   bj 

with  papers  per-taining  to  his  office  b 

. 
Secretary  pf  state  to  keep  record  of  official 

them;   when    required   lay  copies  oi    Barae  and    p 
before  either   branch  of   legislature.      (Ala.    \ 

PUBLIC  SERVICE  COMMISSIONS 

For   purposes   of   comparison,    all   publi 

officially  designated,  are  plural  under  this  title.     II 
designations  are    various,    the  general 
about  the  same  in  all  cases  and  hence  it  has  n*  t  ! 
to  use  the  official  designation  <if  tht   commission 
stance  but  simply   to  refer  to  it  as  "  comm         •  i 

tion  prescribed  by  law,  if  any,  See  below,  this  titU 
Accounting  Systems 

Commission  may  prescribe  systema  of  keep 

public  service  corporations.      (Ariz.  XV  3.) 
Commission  may  prescribe  uniform  system  of  ac<    ante  I 
all  railroads  and  other  transportation  compai   • 
Appeal  from  Commission 

Decision    of   commission   on    right   to   raise    rate 

except  on  question  of  confiscation.      (Cal.  X  1 1  •. 
If  supersedeas  granted  and  suspending   bond   givi 
pany  must  keep  account,  pending  dispositi 
collected;  additional  security  on  suspending  bond  i 

,U.  IX  21;  Va.  XII 

May  be  taken  by  removing  case  to  supreme  couri 
sion  or   interested  party.      (N.M.   XI 

May  be  taken  only  to  supreme  court;   n 
tion.     (Okla.  IX  20;  Va.   XII    I56d.) 

New   evidence   not   permitted;    commission    t 
preme  court  to  consider  reasonableness  and  justn 
action   deemed   prima   facie  correct,   but    court    n  in.T 

case  for  further  investigation.     (Okla.  IX  22;  Va.  JCH 

New  evidence  permitted  on  application  at  either  part) 
court's  own  initiative  but  not  where  eommiaiiou  alow 

N.M.  XI  7 


1204  State  Constitutions 


PUBLIC  SERVICE   COMMISSIONS    (Cont'd) 
Appeal  from  Commission   (Cont'd) 

On  any  action  prescribing  rates,  charges,  classifications,  affecting  train 
schedules,   requiring   additional   facilities,   etc.,   or   requiring  addi- 
tional  security  on   appeal,   an   appeal   to  supreme  court  may  be 
taken,  as  provided  by  law.      (Okla.  IX  20;  Va.  XII  156  d.) 
On   assessment  and   ascertainment  of  tax  on  a  corporation  may  be 
taken    within    30    days    of    receipt    of    certified    copy    thereof    to 
circuit   court   of   city   of   Richmond ;    notice  of   application,  giving 
grounds  of  complaint,  verified  by  affidavit,  to  be  served  on  com- 
mission.    (Va.  XIII  180.) 
Precedence  on  supreme  court  calendar,  after  habeas  corpus  and  state 

cases.     (Okla.  IX  21;  Va.  XII  156  e.) 
Precedence  on   supreme  court   calendar  and  court  always  in  session 

for  such  cases.      (N.M.  XI   7.) 
Until  otherwise  provided  by  law,  appeal  taken  to  supreme  court  as 
from  district  courts,  except  it  is  of  right  and  supreme  court  may 
make  special  rules.      (Okla.  IX  20;  Va.  XII  156  d.) 
Right  of  appeal  from  rulings  of  commission  not  denied  by  constitu- 
tion but  rulings  remain  in  force  pending  appeal.      (Ariz.  XV  17.) 
Right   of   commission  to  enforce  other   rates,  classifications,   regula- 
tions, etc.,  based  on  different  circumstances  from  those  on  which 
an  appeal  has  been  taken,  is  not  affected  by  the  pendency  of  such 

appeal.     (Okla.  IX  23;  Va.  XII  15©  g.) 

Supersedeas   may   be   awarded   by    supreme   court ;    suspending   bond 

required  to  prevent  order  as  to  rates,   classification,   etc.,  taking 

effect.     (Okla.  IX  21;  Va.  XII  1561  e.) 
Supreme  court,  in  reversing  commission,  to  substitute  its  own  order 
which  has  effect  as  of  time  of  entry  of  reversed  order;   otherwise 
reversal  order  not  valid.      (Okla.  IX  23;  Va.  XII  156  g. ) 
Attorneys 

Attorney-general  and  district  attorneys  must  aid  commission  for 
which  they  are  to  receive  not  over  25  per  cent,  of  fines  and  for- 
feitures collected;  but  commission  may  employ  other  attorneys  on 

like  terms.      (.La.  288.) 
Attorney-general,    or   his   authorized    representative,    to   be   attorney 

for  the  commission/     (N.M.  XI  4.) 
Bonds 

Commission  to  ascertain  outstanding  bonds,  debentures  and  indebted- 
ness, and  various  detailed  facts  concerning  same,  of  every  railroad 
and  public  service  corporation  in  state.  (Okla.  IX  29.) 
Plan  of  proposed  issue  must  be  submitted,  under  oath,  in  detail,  to 
commission,  which  enforces  penalties  for  failure  to  submit  or  to 
comply  with  other  provisions  of  law.  (Va.  XII  167.) 
Books  and  Records,  Inspection  of 

Commission  has  right  at  all  times  to  inspect  books  and  papers  of  all 
transportation  and  transmission  companies  doing  business  in  state. 

(Okla.  IX  18;  Va.  XII  156  b.) 


I  \  in  x   Dig 


PUBLIC  SERVICE   COMMISSIONS    [Cont'd) 
Books  and  Records,  [nsi 

Commission   has   right    at    all    tin 

records  of  all  transportation  and   U 

mon  carriers  doing  business  ii,  rtt.i 
Commission  lias  right   u<  examim 

railroad  and  other  transportation 
Commission   has  right  to   inspect   and   in\ 

Commissioners,  or  any  of  them, 
times  as  they  deem  necessarj   i 
roads  or  other  public  Bervice  i 

refusal,  $12.")  to  $500  per  daj 
also  punishable  as  prf 
In  hearings  before  commission,  Gf( 

Charters,  See  below,  this  title,  Issue  of  Cii 
Commissioners 

For  provisions  relating  to  all  public  offii 
Chairman 

Elected  by  commission.      (Okla.   1  \    1  - 
Elected  by  commission,  annually.      iN.M. 
Compensation 

Fixed  at  $2,000,  until  otherwise  ;  roi 

creased  or  diminished  during  period  far  wh 
and  profits  to  be  covered  into  treasury.     [JS.D.  ll 
Fixed  at  $3,000,  payable  quarterly:    Legjfllfttu* 

for  traveling  expenses.      (N.M.  XI 
Until   otherwise  provided. 

sioner's   warrant,   and   actual    travelir 
sworn  warrant  of  chairman.      (La.  28 
Fixed  at  $3,000,  and  expenses,  wh< 

wise  provided  by  law.      (My/..  XV 
Fixed  at  $4,000  until  otherwise  proya 

Legislature  to  fix  salaries  but 

num. 

Until  otherwise  provided  by  lai 
as  allowed  existing  railroad  i 

Legislature  to  fix  salaries  bui 

as  now  fixed  by  law  for  pi 
Fixed  by  legislature.      (Xebr.  V    U>    M 
Impeachment 

See  also  IMPEACHMENT. 
For   "hbdi   crimes   and   mH 

feasance  in  office,  for  h 

extortion   or  op] 

habitual  drunkenness  ".     I  I  '■  -'  ■  ■ 


1206  State  Constitutions 


PUBLIC  SERVICE   COMMISSIONS    (Cont'd) 
Commissioners   ( Cont'd ) 
Impeachment    (Cont'd) 

For  malfeasance  in   office,  corruption,  neglect  of  duty  or  other 
high  crime  or  misdemeanor;   in  manner  provided  for  judge  of 
highest  court.      (Va.  IV  54,  XII   155.) 
Manner  of  Selection 

Appointed  by  governor  from  state  at  large  but  legislature  may 
divide  state  into  districts,  for  the  purpose  of  such  appoint- 
ments, as  nearly  equal  in  population  as  possible.      (Cal.  XII 

22.) 
Elected  at  first  general  state  election  at  which  governor  is  voted 

for  and  one  every  two  years  thereafter.      (Ariz.  XV  1.) 
Elected    at   same   times   and   places   as   members   of   legislature. 

(N.D.  Ill  82.) 
Elected  at  general  election  for  state  officers,  one  every  two  years. 

(Okla.  IX  15;  Tex.  XVI  30.) 
Elected  by  plurality,  one  from  each  of  three  "  railway  commission 
districts  "  in  which  state  is  directed  to  be  divided,  at  time  of 
congressional  election.      (La.  2S3,  2S9. ) 
Elected,  one  being  chosen  at  each  general  election.     (N.M.  XI  2.) 
Elected,  one  every  two  years.      (Nebr.  V  19  A.) 
Elected,  one  in  each  "  superior  court  district  "  at  same  time  as 
governor;    legislature  may   change   such   districts   to   equalize 
population  or  may  require  election  of  commissioners  by  quali- 
fied voters  of  state  at  large.      (Ky.  209.) 
Manner  of  election  to  be  regulated  by  law.     (S.C.  IX  14.) 
Misconduct  in  Office 

Legislature  to  enact  laws  to  prevent  non-feasance  and  misfeasance 

in  office  and  impose  proper  penalties  therefor.      (Ky.  209.) 
Removal  for,  See  below,  this  subdivision,  Removal. 
Number 

Three.     (Ariz.  XV  1;  Ky.  209;  La.  2S3;  Nebr.  V  19  A;  N.M.  XI 

1;  N.D.  Ill  82;  Okla.  IX  15;  Tex.  XVI  30;  Va.  XII  155.) 
Not  less  than  three.     (S.C.  IX  14.) 
Five.      (Cal.  XII  22.) 
Oath  of  Office 

Shall  take,  in  addition  to  constitutional  oath  of  office,  oath  as  to 
non-interest  in  certain   named  classes  of  companies  and  as  to 
execution  and  enforcement  of  lawTs   relating  to   corporations; 
oath  to  be  filed  with  secretary  of  state.     (Okla.  IX  17.) 
Passes  or  Reduced  Rates 

Commissioners  and  officers  of  commission,  engaged  in  official 
duties,  shall  be  transported  free  by  transportation  companies. 

(Va.   155.) 
Commissioners  and  officers  of  commission  may  be  granted  passes 
or  reduced  rates  for  their  personal  use  while  in  office  by  trans- 
portation or  transmission  companies.      (Va.  161.) 
Commissioners  do  not  forfeit  office  by  accepting  passes  or  reduced 

fare.     (Cal.  XII  19.) 


I  M  .  I 


PUBLIC  SERVICE   COMMISSIONS    (( 
Commissioners   |  Con  i 

Passes  or  Reduced  Rates    (Cont'd) 
Commission.  r>   exempt    from 

pass  or  reduced  fare,     i  Mi>-.  \  n    l& 
During  term  of  office  not  I 
chase,    r 

state,  for  himself  or  familj 
lie,  and  person  convicted  of  violati 
of  felony  and  on  conviction  pui 
$1,000  or  by  imprisonment   in 
nor  more  than  five  years.     (N.M.  XX   It. 
Qualifications  and  Disqualifications 

May  be  prescribed  by  law.     (Ariz,  XV   1.) 
Qualified  electors  of   state  and   of   diBti 

Thirty  years  of  age,  citizen  of  Btate  two 
trict  from  which  chosen  one  year  next  p 

Twenty-five  years  of  age,  citizens  of  United 
qualifications  of  state  electors.     (N.D.  Ill    - 

Resident   citizens   of  state   for  over    two  years    i 
election,    qualified    voters,    not    less    than 

Not  to  hold  other  office  under  federal  or  any  Btal 
to  engage  in  any  occupation  or  busin< 

dut  • 

At  least  one  commissioner  shall   have  quali! 
for  judges  of  supreme  court.      <Va.  XII    1 

Persons  in  employ  of  or  holding  official  relat 
owning  stock  or  bonds  of  or  otherwit 
in   any   person,   firm  or   corpoi 
commission,  not  to  be  appointed  to  or  hold 

Being  in  service  of  railroad  or  common  carri< 
tion,  firm  or  association,  or  pecuniarily  int.  r 
in  railroad 
ineligible  to  hold  office.      I  Ky.  21 

No  person   in  service  of  or  attorney  for   rail 
phone,  telegraph,  steamboat,  or  otl 
company  or  corporation  or  pecimiarilj    in1 

■ 

No   officer,   agent.   employ< r    pei 

transportation    or    trans 

No  commissioner  can  act  in  matter  in  wl 
principal,  agent  or  attorn  .M.  XI   ■ 

Interest  in  railroad, 
boat,  pipe   line,  car   11 
press  line,  telep 


1208  State  Constitutions 


PUBLIC  SERVICE   COMMISSIONS    (Cont'd) 
Commissioners    ( Cont'd ) 

Qualifications  and  Disqualifications   (Cont'd) 

stock,  bond,  mortgage,  security  or  earnings  of  same  or  of  com- 
press or  elevator  companies,  renders  person  ineligible  to  hold 
office  of  commissioner ;  becoming  voluntarily  so  interested  va- 
cates office,  and  involuntary  interest  to  be  divested  within 
reasonable  time  or  office  vacated.  (Okla.  IX  16.) 
Employment  by,  holding  office  in  relation  to,  or  financial  interest 
in,  transportation  or  transmission  company,  or  practice  of  law 
disqualifies  such  person  from  holding  office.  (Va.  XII  155.) 
Removal 

For  high  crimes  and  misdemeanors,  non-feasance  or  malfeasance 
in  office,  incompetency,  corruption,  favoritism,  extortion  or 
oppression  in  office,  gross  misconduct  and  habitual  drunkenness, 
by  district  court  of  domicile;  detailed  provisions  for  bringing 
suit,  costs,  appeals,  etc.;   suit  does  not  operate  as  suspension 

from  office.     (La.  222.) 
Legislature  by  two-thirds  vote   of   all   members  elected  to  each 
house  may  remove  commissioner  for  dereliction  of  duty,  cor- 
ruption or  incompetency.     (Cal.  XII  22.) 
Legislature  may  remove  commissioners  by  proceedings  as  in  case 

of  judges  of  supreme  court.      (Ky.  209.) 
In  manner  provided  for  judge  of  highest  court.      (Va.  XII  155.) 
Voluntary  interest,  or  involuntary  interest  not  divested  within  a 
reasonable   time,    in    certain    enumerated    public   service    com- 
panies vacates   office.      (Okla.   IX    16.) 
Impeachment,  See  above,  this  subdivision,  Impeachment. 
As  Representative  of  Commission 

Any  member  may  sit  alone  whose  acts,  confirmed  by  commission, 

are  acts  of  commission.      (Cal.  XII  22.) 
"  Several   members "   of    commission   have   power   to    investigate 
property,  books,  affairs,  etc.,  of  corporation  offering  stock  for 
sale  to  public  or  of  public  service  corporations  doing  business 

in  state.     (Ariz.  XV  4.) 
"  Several  members  "  of  commission  have  powers  of  a  court  of 
general  jurisdiction  to  enforce  attendance  and  compel  produc- 
tion of  evidence,  throughout  state.     (Ariz.  XV  4.) 
Term 

Elected  "  for  the  same  term  as  the  governor  ".     ( Ky.  209. ) 
To  be  regulated  by  law  but  not  to  commence  until  after  expira- 
tion of  term  of  present  commissioners.     (S.C.  IX  14.) 
Two  years  and  until  successor  qualified.     (N.D.  Ill  S2.) 
Six  years.      (Ariz.  XV  1;  Cal.  XII  22;  La.  283;  Nebr.  V  19  A; 
KM.  XI   2;   Okla.  IX   15;   Tex.  XVI  30;   Va.  XII   155.) 
Vacancy 

Governor  to  fill  vacancy  until  successor  elected  and  qualified. 

(Ariz.  XV  1;  Cal.  XII  22.) 
Governor    to   fill    vacancy    until    next   general    election.      (Tex. 

XVI  30.) 


I  I 

PUBLIC  SERVICE   COMMISSIONS    i- 
Commissioneks    I  Cont'd) 
Vacancy    ( Con 

Govenior   to   lill    .  for   urn 

firmation   b\    legislature;    app 
continue  in  office  Li 
ment  or  adjourned  sine  die  withi 
he  be  reappointed  bo  till 

Governor  to  fill  vacancy  by  appointment   til 
tion,   when   BUdeessor   shall    b< 

Governor  to  appoint  where  unexpired 
election    and    until    second    general    - 
occurs  within   three  months  i 
ance  of  term  to  be  filled  at  Baid  gi 
After  January  1,  1908,  va« 
held   not  less   than   60   da 
ment  as  elsewhere  prescribed  may 
minate  20  days  after  said  election.     [\  a 
Connections  and  Crossings 

Commission   may   prescribe  terms  or  pive   order 
railroad  to  intersect,  connect  with  or  i 

Commission  to  regulate  receipt  and  trai 
cars,  tonnage  and  passengers  by  railr 

pan 
Consolidations 

Commission  alone  can  permit  a  corporation  to  pai 
of  a  competitive  corporation  in  which  it   ho] 

Foreign   or  domestic  railroad,  transport 
pany  may  lease,  sell  or  otherwise  disj 
chises  or  may  lease,  buy  or  otherwise  acquii 
erty  and  franchise  of  like  company,  witl 
in  writing;  legislature  mav  in- 

Parallel  or  competing  public  service 

date  stock,  property  or  franchises  or  otherwise 
except  bv  enactment  of  legislature  un  re< 

Contempts 

Commission  and  each  of  commissioners  m 
same  manner  and  to  same  extent  as  oou 

Commission  may  punish  for  contempt 
respectful  or  disorderly  conducl  in  pi 
in  session.      (Okla.  IX    19;   Va.   XII    I 

Commission  may  punish  for  ami 


1210  State  Constitutions 


PUBLIC  SERVICE   COMMISSIONS    (Cont'd) 
Contempts   ( Confd ) 

Commission  may,  through  district  or  supreme  court,  punish  for  con- 
tempt.     (N.M.  XI  7.) 
Creation 

"Corporation  commission"  is  hereby  created.      (Ariz.  XV   1;   Okla. 

IX  15.) 

Legislature  may  delegate  power  to  fix  reasonable  maximum  freight 

and   express   rates   to   "a   commission    created   by   law".      (Mich. 

XII  7.) 
Legislature  may  establish  within,  and  subject  to  control  of,  state 
corporation  commission,  subordinate  divisions  of  insurance,  bank- 
ing or  other  special  branches.  (Va.  XII  155.) 
Legislature  to  correct  abuses,  prevent  unjust  discrimination  and 
excessive  charges  by  railroads,  canals  and  turnpike  companies, 
through    "such    offices    and    commissions"    as    necessary.       (Ark. 

XVII   10.) 
Legislature  to  enact  laws  for  supervision  of  common  carriers,  "  by 

commission  or  otherwise".     (Miss.  VII  1S6.) 
"  Proper  boards,  commissions  or  officers  "  may  have  conferred  upon 
them  supervisory  and  regulatory  powers  over  organization,  busi- 
ness and  issue  and  sale  of  stocks  and  securities   (of  domestic  cor- 
porations)   and  over  business  and  sale  of  stocks  and  securities  of 
foreign   corporations   and    joint-stock   companies,   as   may  be   pre- 
scribed by  law.      (Ohio  XIII  2.) 
"  Railroad  and  transportation  commission  "  may  be  established  and 

powers   and  duties  defined  by  law.      (Wash.  XII   18.) 
"Railroad  commission"  created    (although  only  "railroad  commis- 
sioners" specifically  mentioned).      (Cal.  XII  22.) 
"  Railroad   commission "  impliedly  authorized  by  provisions  for  its 

personnel,  "when  *   *  *  created  by  law".     (Tex.  XVI  30.) 
"  Railroad,  express,  telephone,  telegraph,  steamboat  and  other  water 
craft  and  sleeping  car  commission  "  is  hereby  created  to  be  known 
as  "railroad  commission  of  Louisiana".      (La.  283.) 
"  State  corporation  commission  ",  a  permanent  commission,  is  hereby 

created.      (N.M.  XI   12;   Va.  XII   155.) 
"State  railway  commission"  created.      (Nebr.  V  19  A.)' 
"The  railroad  commission"  is  hereby  established.      (Ky.   209;   S.C. 

IX   14.) 

Three    "  commissioners   of    railroads  "    ( elsewhere   called   "  board   of 

railroad  commissioners")   to  be  elected  by  the  people.      (N.D.  Ill 

82,  142.) 
Eminent  Domain 

Legislature  may  give  commission  power  to  fix  compensation  in  emi- 
nent domain  cases  involving  state,  county  or  municipality.      (Cal. 

XII  23  a.) 
Employees  of  Commission 

Commission  may  appoint  a  secretary  at  $1,500  per  annum  and  actual 
traveling  expenses.      (La.  2S3,  287.) 


; 


PUBLIC  SERVICE   COMMISSIONS    (( 
Employees  of  Com  mi 

Commission  maj   emploj   exp  rl 
required  concerning   railr. 

Commission  to  have  one  clerk,  one  I  dlifl 
nates    as   provided    by    lawj    Balai 

Commission  to  haw  one  clerk 

vided  by  law.  appointed  and 

be  fixed  by  legislature.     <\.M.  \i 
Same;   adds  one  bailiff.      (Va.  XI]    I 
Legislature  may  provide  additional   i 

Offieers  of  commission  exempted  from  pr< 

or  transmission  companies  furnishing  ' 

for  their  personal  use  while  in  office. 
Officers   of   commission,  engaged    in    official 

ported  free  by  transportation  companies.      (Va     \ll 
Execution  op  Laws 

Provisions  of  constitution  and  of  law 

ried  out  by  commission.      (N.M.   M 
Expenses 

Legislature   to   provide   for   lawful   ej 

nesses  summoned  and  costs  of  executing  ; 

Legislature  to  provide  for  travelii 

Fees,  Collection  of 

All  fees  required  by  law  to  be  paid   for  I 

tion,   reports   and    other   docui 

paid  into  state  treasury.      (N.M.   M 
Commission   to   enforce   fines   and   penalti< 

tion   on   corporations   delinquent    in    paying    r< 

As  Filing  or  Recording  Office,  -Sec  b<  1 
Fines  and  Penalties 

For  fines  and  penalties  relating 

Commission  may  enforce  its  rules,  regal 
of  $100  to  $5,000,  recoverable  bef( 

diction. 

Commission  may  enforce  order  or  requin 

$500  or  greater  sun,  if  author: 

a  separate  offense.     (Okla.   K    19;   Va    Ml    I 
Legislature  may  add  other  penalties  to  i 


1212  State  Constitutions 


PUBLIC  SERVICE   COMMISSIONS    (Cont'd) 
Hearings 

Commission   may   hold   regular   or    special   hearings   elsewhere   than 

state  capitol,  as  necessary.      (La.  283.) 
General    order,    rule,    regulation    or    requirement,    not    to    be    made 
until   notice   first  published  not  less   than   once   a  week   for   four 
consecutive  weeks  in  newspaper  published  in  capital  of  time  and 
place   where   objections   will   be   heard  by   any    person   interested. 

(Okla.  IX  18;  Va.  XII  156  b.) 
No  decision  or  order  to  be  made  by  commission  except  after  public 
hearing  held  on  10  days'  notice,  except  on  default.    (N.M.  XI  s. ) 
Rate,  classification,  order,  etc.,  not  to  be  made  against  one  or  more 
companies  by  name  except  on  at  least  10  days'  notice  of  time  and 
place  of  hearing  thereon,  and   a  reasonable  opportunity  to  intro- 
duce evidence  and  be  heard;  companies  to  have  process  to  enforce 
attendance  of  their  witnesses.      (Okla.  IX  18;  Va.  XII  156  b.) 
Investigation  or  Indebtedness 

Outstanding  bonds,  debentures  and  indebtedness  of  railroads  and 
other  public  service  corporations  to  be  ascertained  (in  prescribed 
detail)  by  commission,  reported  to  attorney-general  and  duplicate 
report  filed  with  state  examiner  and  inspector  for  public  use,  and 
information  printed,  from  time  to  time,  in  annual  report.      (Okla. 

IX  29.) 
Issue  of  Charters  and  Licenses 

Charters  to  domestic  corporations   and  licenses  to  foreign   corpora- 
tions, subject  to  constitution  and  provisions  of  law,  issued  through 
commission.      (N.M.  XI  6;  Va.  XII   156  a.) 
Foreign    corporations    must    obtain    a   license    to    do    business    from 
commission,  before  doing  business.     (Ariz.  XIV  17;  Va.  XII  157.) 
Sole  power  to  issue  certificates  of  incorporation  and  licenses  to  for- 
eign corporations  in  commission.      (Ariz.  XV  5.) 
Licenses,  See  above,  this  title,  Issue  of  Charters  and  Licenses. 
Mandamus,  Writ  of 

Lies  from  supreme  court  to  commission  where  it  would  lie  to   any 
inferior  court  or  officer.      (Okla.  IX  20;  Va.  XII  156d.) 
Mediation 

Upon  request  of  parties,  commission  to  adjust  claims  and  settle 
controversies,  as  far  as  possible,  between  transportation  or  trans- 
mission companies  and  patrons  or  employees.      (Okla.  IX  18;  Va. 

XII  156  b.) 
Meetings,  See  above,  this  title,  Hearings. 
Office 

Articles  of   incorporation  must  be  filed  by  corporation  with  corpo- 
ration commission  before  business  is  begun.      (Ariz.  XIV  8.) 
Charters,  papers  and  documents  relating  to  corporations  transferred 
from  all  territorial  offices  to  office  of  commission.      (N.M.  XI  6.) 
Chief  office  of  commission  and  residence  of  commissioners  to  be  at 

state  capital.     (Ariz.  XV  1.) 
Commission  shall  have  its  domicile  at  Baton  Rouge   (state  capital). 

(La.    2S3.) 


' 


PUBLIC  SERVICE   COMMISSIONS    (( 
Ofik  e  (  Cont'd) 

C..nmiis>ioners  shall  hold  theil 

Legislature  to  provide  suitabli 

Records    of    former    corporation 

works  transferred   to   inn 
Required  to  keep  office  open   I 

and   legal  holidays.      (Va.   XI]    ! 
Oil  Pipe  Companies 

Subject  to  reasonable  regulation 

may  regulate  receipt  and  trail 

Operation  and  Service  of  Cabr]    . 
Power   of  commission 

classes  of  carriers  within   th, 
Physical   Condition 

Commission  must  keep  urfon 
as  to  manner  in  which  opi  cat 
of  public.      (Okla.  IX    IS;    \ 
Commission  may  require  depots,  swil 
roads  and  require  tracks  and  bxidg 

Physical  Valuation 

Commission   to   ascertain,   and   make   a    pub! 
struction  and  equipment  p>r  mile,  and   I ■: 
of   replacement   of   all  physical   pi 
public  service  corporation  in  Btate,     (Okla.   I 
Commission    to    ascertain    fair    value    of    proj 
every  public  service  corporation  doii 
aided  by  latter  in  so  doing.      (Ariz.   \\ 
Powers  a.\»  Duties 

For  powers  and  duties  relating  to  a  pari 

Authority  of  commission,  in  other  ma 

classifications,    subject   to    superior 

legislate  thereon  by  general  1  i 
Commission  has  powers  of  a  court 

may  be  given  additional  powers  by  law  w 

rates,    assessments   or   tax 

Commission's  powers  and  duties  to  be  full;. 

mission   is  created).      (Wash.   XII    it 
Commissioners'  powers  and  dmi- 

Commission's  powers  and  dut 
otherwise  provided    tp  be 


1214  State  Constitutions 


PUBLIC. SERVICE   COMMISSIONS    (Cont'd) 
Powers  and  Duties   (Cont'd) 

Commission's  powers  and  duties  over  transporting  and  transmitting 
corporations  to  be  regulated  by  law  but  until  otherwise  provided 
to  be  same  as  in  case  of  existing  railroad  commissioners.      (S.C. 

IX   14.) 

Commission's    powers    and    duties    to    include    regulation    of    rates, 

service  and  general  control  of  common  carriers,  as  prescribed  by 

law,  but  in  absence  of  specific  legislation  may  exercise  said  powers 

and  duties.      (Nebr.  V  19  A.) 

Commission's  powers  extend  not  only  to  transportation  but  to  service 

and    operations    of    enumerated    classes    of    carriers    within    state. 

(La.  286.) 
Commission  succeeds  to  rights  and  powers  of  railroad  commissioner 

and  board  of  public  works.      (Va.  XII  156  a.) 

Commission  to  have  power  and  duty  of  supervising,  regulating  and 

controlling  all  transportation   and   transmission   companies   in   all 

matters  relating  to  performance  of  their  public  duties,  and  their 

charges   therefor,    to    correct    abuses    and    to    establish    rules    and 

regulations  for   these  purposes.      (Okla.   IX   18;   Va.  XII   156  b. ) 

Commission    to   make    reasonable    rules,    regulations    and    orders    to 

govern  public  service  corporations  and  to  provide  for  convenience, 

safety  and  health  of  employees  and  patrons  thereof.     (Ariz.  XV  3.) 

Control  over  public  utilities  previously  vested  in  county,  city   and 

town  authorities  transferred  to  commission.     (Cal.  XII  23.) 
Incorporated  towns  and  cities  may  be  authorized  to  exercise  super- 
vision   over    public    service    corporations    doing    business    therein, 
including  rate  regulation.      (Ariz.  XV  3.) 
Legislature  may  enlarge  powers  and  duties  or   confer  other  powers 
and  duties  and  permit  additional  assistance  for  their  duties.     (La. 

2SS.) 

Legislature    may    clothe    any    railroad    commission    with    judicial 

powers    in    all   matters   connected   with   functions   of   their    office. 

(Fla.  V  35.) 
Procedure 

Commission   has    powers   of    a   court   of    record ;    may   enforce   own 

process  and  sit  as  a  court.      (Okla.  IX  19;  Va.  XII  156  a.) 
Commission  has  power  to  administer  oaths  and  to  certify  to  their 

official  acts.     (N.M.  XI  11.) 
Commission  may  adopt  and  enforce  such  modes  of  procedure  as  it 

may  deem  proper  for  the  discharge  of  its  duties.      (La.  284.) 
Commission's  orders  are  enforced  through  supreme  court,  which  is 

given  all  necessary  powers  for  such  purposes.     (N.M.  XI  7.) 
"  Law  making  power  "  may  prescribe  rules  and  regulations  to  gov- 
ern  proceedings   of   commission;    until   so   done   commission   may 

itself  do  so.     (Ariz.  XV  6.) 
Permanent  record  kept  of  all  proceedings  and  of  reports  made  to  or 

by  commission.      (Va.  XII   155.) 

Powers  of  a  court  of  record  to  administer  oaths,  compel  attendance 

of  witnesses  and  production  of  papers,  punish  contempts,  adjudge, 


Index    Di<  1215 


PUBLIC  SERVICE   COMMISSIONS    ({ 
Pbocedure  (Coni 

after  sitting  as  a  court  and  h 
and  enforce  its  own  proc< 
Rules  and  procedure  prescribed   I 
by  constitution   or   amendnien 

Testimony,  See  below,  this  title,   Iai. 
Prohibition,  Writ  of 

Lies  from  supreme  court  to  commission  whi 
inferior  court  or  officer.      (Okla.   1\  . 
Publication  of  Ordebs 

Commission  to  publish  all 

once  a  week  for  four  consecutive  w 
place  of  hearing  in  one  or  more  news] 
of  Richmond    (state  capital).      (Okla.    1\    Is,    \ 
QUORUM 

Commission   acts   by  majority;    anj    membei 
acts,  confirmed  by  commission,  are 


Majority  of  commission  a  quorum  and  majorit 
concur  to  decide  any  question.     (Okla.  1\   18i 

Two  a  quorum,  whether  a  vacancy  or  not.     (Va»  Ml    i 
Rates 

Authority  of  commission,  subject  to  review 
rates,   charges    and    classifications    for    trai 
mission  companies  is,  "subject   to  regulation  bj    I 
but  in  other  matters  subject  to  Buperior  authi  rit; 

la.  1\ 

Decision   of   commission   on    right    to 

except  on  question  of  confiscation.     (Cal.  XII 

Interstate  rates  of  transportation  and  trai 
watched   by  commissioners   and   when 
citizens    of    state,    commission    to    institute 

Same;  adds  "common  carriers".      (N.M.   M 
May,  after  investigation,  authorize  common  carriei 
railroad  to  charge  less  for  Longer  than   i 
prescribe  extent   of   such  relief.      (Ky.    2 
May    authorize    transportation    or    tran 
regard  "large  and  short  haul"   proi 
or   competitive   points    or   where    compel 
states  make  necessary  to  proted   con 

Same;  adds  "common  carriers".      (N.Y.   M 
Same;   except  reads  w railroads "  onl; 
May    exempt    railroad    from    limitat. 

cents    per    mile    upon    proof    thai     iu 

earned  at  that  rate.      (Okla,   IX 


j:il6  State  Constitutions 


PUBLIC  SERVICE   COMMISSIONS    (Cunfd> 
Kates  {Cont'd) 

Power  and  duty  given  commission  to  establish  rates  for  passengers 
or  freight  by  railroad  or  other  transportation  company,  and  to 
publish  same  with  charges  they  may  make.  (Cal.  XII  22.) 
Power  and  duty  given  commission  to  make  and  change  reasonable 
and  just  railroad,  steamboat  and  other  water  craft,  sleeping  car, 
express,  telephone  and  telegraph  rates  and  charges.  (La.  2S4.) 
Power  and  duty  given  commission  to  prescribe  and  enforce  rates, 
charges  and  classifications,  and  alter  or  amend  same,  for  trans- 
portation  and  transmission   companies.      (Okla.   IX   18;   Va.   XII 

156   b.) 
Power  and  duty  given  commission  to  prescribe  just  and  reasonable 
classifications,  rates  and  charges  to  be  made  by  public  service  cor- 
porations; commission  may  amend  or  repeal  same.     (Ariz.  XV  3.) 
Power   given    commission    to    fix,   regulate   and   control    all   charges 
and  rates  of  transportation  and  transmission  companies  and  com- 
mon carriers  within  state.      (N.M.  XI  7.) 
Power   to   fix   reasonable  maximum   freight   and  express   rates  may 
be  delegated  to  a  commission.      (Mich.  XII  7.) 
Reports 

Annual  reports  to  be  made  to  commission  by  all  corporations.    (Ariz. 

*  XIV  17;  Va.  XII  157.) 
Annual  reports  of  proceedings  to  be  made  to  governor  by  commis- 
sion  with   recommendations   as   to   legislation   en   its   powers   and 
duties,  creation  or  control  of  corporations,  or  on  taxation.      (Okla. 

IX  25;  Va.  XII   156  i.) 
Commission  may  require  reports  of  corporations  offering  stock   for 

sale  to  public.      (Ariz.  XV  13.) 
Commission  may  require  special  reports  and  statements,  under  oath, 
of   transportation   and   transmission   companies   and  common   car- 
riers.    (N.M.  XI  11.) 
Commission  to  enforce  fines  and  penalties  prescribed  by  constitution 
on   corporations   delinquent   in   making   prescribed   reports.      (Va. 

XII    157.) 

Form  of  reports  required  of  corporations  by  constitution  or  by  law 

to  be  prescribed  and  same  collected,  received  and  preserved,   and 

annually  tabulated  and  published,  by  commission.     '(N.M.  XI  6.) 

Retroactive  Orders 

No   order   of   commission   shall   be   retroactive.      (Okla.   IX  23;    Va. 

XII   156  g.) 
Salaries  and  Wages 

Commission   to   ascertain   salaries   and   wages   paid  by   railroads   or 
other  public  service  corporations.      (Okla.  IX  29.) 
Stock 

May  permit  a  corporation  to  participate  in  control  of  another  cor- 
poration in  which  it  holds  stock.      (Okla.  IX  41.) 
May  require  reports  or  information   of,  or  inspect  and  investigate, 
corporations  offering  stock  for  sale  to  public.     (Ariz.  XV  4,  13.) 


Index    1>.< 


PUBLIC  SERVICE   COMMISSIONS    (< 
Stock   (Cont'd) 

Plan  of  proposed  issue  must  be  submitted,  uodi 
commission,  which  enforces  penall 
comply  with  other  provisions  of  law.      (Va,    M 
Taking  Testimony 

Commission  and  each  of  commissioners   :.  > 
take  testimony  in  same  manner  and  I 

■ 

Commission,  and  the  several  members  then 
of    general    jurisdiction    to    compel    attendant 
production  of  evidence,  by  subpoena,  attachment 
which  power  extends  throughout  state.      (Ariz.  X\     I 

Commission  has  power  to  take  testimony  under  i 
sition  within  or  without  state.      (Ariz.  XV 

Commission    has    powers    and    authority    of    a    court    • 
administer  oaths,  compel  attendance  of  witni 
of  books  and  papers.     (Okla.  IX   19;   Va.   XI!    L56 

Commission  may  compel  attendance -of  witn  brougb 

trict  or  the  supreme  court.     (N.M.  XI  7.) 

Commission  may  examine,  under  oath,  officers,  agei 
of  railroads  or  public  service  corporations;  person  n 
punished  as  prescribed  by  law.     (Okla.   IX  28.) 

Commission  may  hear  and  determine  complaints  agaim 

tion  or  rates  it  may  establish,  compel  attendance  of  and    • 
witnesses,  compel  production  of  books  and  papers  and   take 
timony  under  commission.      (La.  2S4.) 

Commission  may  hear  and   determine  complaints   against    raili 
and    other    transportation    companies,    issue    subpeenas 
necessary  process,  and  send   for   persons  and   papers.       '  al   XII 

Telegraph  and  Telephone  Companies 

Subject   to   regulation    in    receipt    and    transmittal    of    each 
messages  or  making  of  physical  connections  by  commi 

Valuation,  See  above,  this  title,  Physical  V.m  i 

PUBLIC  SERVICE  CORPORATIONS 

For  provisions  relating  to  all  corporations,  Set    I  ORPOBATK 
For  provisions   relating    to   a   particular   class   of 

Acceptance  of  Constitution 

Complete  acceptance  of  constitution   prerequisite 
future  legislation:  provision  does  not  valid 


Prerequisite  to  benefit  of  any  tutu,.  iture. 


Appropriations 

No  appropriation   of  public  monej     to    be    i 

39 


1218  State  Constitutions 


PUBLIC  SERVICE   CORPORATIONS    (P<>nt\h 
Arbitration 

Every  license  or  charter  granted  to  stipulate  that  corporation  will 
arbitrate  any  difference  in   reference  to  labor.      (Okla.   IX  42.) 
Consent  of  Local  Authorities 

To    construction    ami    operation    in    cities,    municipalities,    toims   and 
villages,  Hce  the  suhh<<td  Prune  I'tili'iils  uiM&r  the  specific  title. 
Consolidation 

Consolidation  of  foreign  public  service  corporations,  one  of  which 
owns  or  controls  parallel  or  cdrtrpeting  line  in  state,  forbidden; 
officers  in  edrrimori  forbidden.  (Okla.  IX  8.) 
Consolidation  with  parallel  or  competing  lines  forbidden  except  by 
enactment  of  legislature  on  recommendation  of  corporation  com- 
mission; officers  in  common  forbidden.  (Okla.  IX  8.) 
Definition 

Includes  all  transportation  and  transmission  companies,  all  gas, 
electric  light,  heat  and  power  companies  and  all  persons  author- 
ized to  exercise  right  of  eminent  domain  or  to  use  or  occupy  right 
of  way.  street,  alley  or  public  highway,  whether  along,  over  or 
under  same,  in  a   manner  not  permitted  to  general   public.      (Okla. 

IX  34:  Ya.  XII  153.) 
Includes  corporations'  carrying  persons  or  property  for  hire,  except 
municipal";  furnishing  gas,  oil  or  electricity  for  light,  fuel  or 
[lower;  furnishing  water  for  public  purpose-;  furnishing  for  hire, 
hot  or  cold  air  for  heating  or  cooling  purposes;  transmitting  mes- 
sages; furnishing  public;  telegraph  or  telephone  service  and  cor- 
porations  engaged    as   common    carriers,    except   municipal.      (Ariz. 

XV  2.) 
Directors'  Meetings 

Directors  must  hold  at  least  one  meeting  ammally  in  state,  pre- 
ceded by  30  days'  public  notice;   penalties  to  be  provided.      (Okla. 

IX  6.) 
Foreign   I'um.ic  Service  Corporations 

Consolidation  of  foreign  public  service  corporations,  one  of  which 
owns  or  controls  parallel  or  competing  line  in  state,  or  having 
officers  in  common  forbidden.  (Okla.  IX  8.) 
Not  permitted  to  exercise  powers  forbidden  domestic  corporations  or 
relieved  from  compliance  with  provisions  affecting  domestic  cor- 
porations, if  same  would  not  be  discriminatory  against  them; 
interstate  public  service  corporations  excepted.  (Ya.  XII  163.) 
Incorporation   Under  State   Law 

Required  to  acquire  additional   public  ot  municipal   franchises.      (  Va. 

XII    103.) 
Property 

•     Not  to    hold   real    estate   except    as   necessary    to   its  business.       (Okla. 

XXTI  2.) 

Real  and  personal   property   liable  to  attachment,  execution   and   sale 

as   in   case  of   individuals;    not    to   be    exempted     by     law.      (Ariz. 

XV   11.) 


I  M  '  I-  \      I  I  J  |  y 


PUBLIC  SERVICE   CORPORATIONS      - 
Property   (Cont'd) 

Rolling    Mock    ami    all    otln  r    n 

Railing  -in.k  and  other  movable  p 

persona]  propert)  ;   all  real  and  rx 

tion  and   sale  and  may   not   be 
Rati  s 

(  barges  shall   be    just    and 

charges)  service  or  facilities  between  ; 

contemporaneous  sei  v  ice.        \> ,      <i\ 
<  ii  ies,  towns  or  counties  not    limited   '•- 

rates  under  municipal  or  ooun 
• 
Free  or  reduced   transpoi  I 

sons    who    may    receive    same    itndi 

Incorporated  towns  or  cities  )   be  a 

Charges    of    public 

Shall  he  construed*  to  mean  rate  of  eh 
•  to   be    rendered    and    includes   joint 
joint  charges.     (Okla.   IX  34;   Va.   XII    IS 

Regulation 

Corporatiqn   commission,  or   its  members,   n 
gate   property,   books,   affairs,  etc.,   of   public 
doing  business  in  state,  having  powers  of  a  court 
diction   to  compel   attendance  of  witm 
• 

Incorporated  cities  or  towns  nun    be  aul 
supervision  over  public  service  corporatioi 
including  rate  regulation.      (Ariz,   W 

Records,   bopks  and  files  liable  to    '  full 
powers  of  the  state  ".      I  \ri/.  Xl\     II 

Term    "  regulation  '.  defined  to  include 

Violation    of    rules,    regulations,    ord( 
commission  punishable  by  fine  of  $101 

cKiirt    of  <• petent    jurisdiction. 

Repeal  of  ( 'o\sTnr i  io\  \i    Provisions  \.\    I 
After   a    designated   date, 

provisions   of   constitution    rrhitii 
service   corporation-,    their    rat 

After  a   designated   date,   legislati 

provisions  of  constituti -el 

powers  and  duties    aii  I 


1220  State  Constitutions 


PUBLIC  SERVICE   CORPORATIONS    (Cont'd) 
Reports 

Annual   report,   under   oath,  by  president   or   superintendent,  to   cor- 
poration commission,  and  other  reports,  as  required;   penalties  to 

be  provided.      (Ok la.   IX  6.) 
Requirements 

In  transmission  of  messages  business,  must  receive  and  transmit  mes- 
sages from,  and  make  physical  with,  other  companies,  as  provided 
by  law  or  regulation.      (Ariz.  XV  9.) 
In  transportation  business,  must  receive  transport  and  deliver  cars, 
loaded   or   empty,   property   or   passengers,   without   delay   or   dis- 
crimination, as  provided  by  law  or  regulation.      (Ariz.  XV  8.) 
In  transportation  or  transmission  business,  may  construct  and  oper- 
ate lines,  make  connections  at  state  boundaries  and  cross,  intersect 
or  connect  with  other  public  service  corporations.      (Ariz.  XV  7.) 
Supervision 

Must  submit  to  inspection  of  books  and  papers  and  examination  of 

officers  and  employees  by  commission  under  penalty  of  $125  to  $500 

per  day;  persons  causing  refusal  also  punished.     (Okla.  IX  28.) 

Right  of  state  to  define  duties,  to  control  and  to  fix  and  limit  charges 

of  public   service  corporations  not  to  be  surrendered  or  abridged. 

(Va.  XII  164.) 
Taxation,  See  Taxation. 
Workmen's  Compensation  Acts 

All   moneys   paid  under  workmen's   compensation  acts  shall  be  held 
proper   charge  in   cost  of  operating  business   of  employer.      (N.Y. 

I   19.) 
PUNISHMENTS,  free  Crimes. 
PURE  FOOD,    See  Public  Health. 

QUARTERING  OF  SOLDIERS  IN  HOUSES,    .See  Soldiers. 
QUARTERLY  COURTS,   See  Courts. 
RAILROADS 

For  provisions  relating  to  all  common  carriers,  See  Common  Carriers. 
For  provisions  relating  to  all  transportation  companies,  See  Transporta- 
tion Companies. 
For  provisions  relating   to   all  public  service  corporations,  See  Public 

Service  -Corporations. 
For  provisions  relating  to  all  corporations,  See  Corporations. 
Acceptance  of  State  Constitution 

"  Complete  acceptance  "  prerequisite  to  benefit  of  any  future  legisla: 

tion.      (Mo.  XII  21;  Okla.  IX  11;  Tex.  X  8.) 
Constitutional  provision  as  to  acceptance  of  constitution  not  to  be 

deemed  to  validate  any  charter.      (Okla.  IX  11.) 
Filing  of  acceptance  in  secretary  of  state's  office  "  in  binding  form  " 
prerequisite  to  benefit  of  any  future  legislation.     (Ida.  XI  7;  Mont. 

XV  8.) 
Act  of  Congress 

Act  of  April  22,   1908,  relating  to  liability  of  common  carriers  by 
railroad  to  their  employees,  continued  in  force  under  state.    (N.M. 

XXII  2.) 


I.MM.X      I  )|,,|  M 


RAILROADS   [Cont'd) 
Belt  Lines 

Exclusive  or  preferential  contract    01 

or  business  of  conn i  i  forbiddi 

Must  allow  tracks  of  each  othei   to  m 

reasonable  or  feasible      (Ky. 
Must  handle  freight  of  same  cla 

upon  same  conditions,  in  same  manni  i 

same  method  of  payment.     (Ky.  2 
Penalties  prescribed  for  certain  offei, 

turns,   receiving   freight,   discrimin 

"Public  belt  railroad"  for  cit3  oi 

expenditures,  privileges,  control,  i 
Required  to  receive  and  d<  liver,  without  del 

other's  cars  and  tonnage,  but  permittii 

Bonds 

Fictitious  increase  of  indebtednet     is  roid        [11 
Issue  legal  onlj    for  money,  labor  or  prop 
applied  to  corporate  purposes.     I  III.  M 
Purchase  by  state.  See  Stati    I  I'm:; 

Purchase   by   municipal   corporations,    - 

•'  Mi  \h  rpAl 
Books 

Containing    amount    of    assets   and    liabil 

required  to  be  maintained  in  state.     (111.  M  D;  I 

15;  Nebr,  XI   1:   X.I).  VI!    I40j  Okla.   I\  6;   S.D    S  \  1 1 

Containing  names  and  amour) 

transfers  of  stock  to  be  Kepi  al  offici 

state.     (Ark.  XVI]  2;   111.  XI  9;   I 

N.D.  VII  140;  Okla.  IX  6;   Pa.  XVII  2;  S.D.  XVII 
Containing   names    and    residences    of    of) 

required  to  be  maintained  in  state.     I  Vrk.  \\  II  2;   111    N 

273:    Mo.   XIT   15;   Nebr.   XI    1:    N'.D.  VII    14 

XVII  2;  S.D.  XVII   12;  Tex.  X  3.) 
Foreign  corporations  excepted   from  provi 

keeping  of  books  within   3tate.      (N.D    \  '  I 
Legislature  or  corporation  commission  i  lire  i 

to  I 
Open  to  inspection   of  stockholders.      (0 
Open  to  inspection  of  stockholdei 

XI  9;  Pa.  XVII  2;  Tex.  X 
Open  to  "public  inspection  ".      (1 

N.D.  VII   140;  S.D.   X\  II    12. 
Branch  Roads 

Legislature  may    permit    amendment    of   I 

permit  it  to  take  stock  in  or  build  brai 

that  it  must  accept  constitution.     (Ga.  IN    Sec.  11  8.) 


1222  State  Constitutions 


RAILROADS    (Cont'd) 

Cars  or  Motive  Power 

See  below,  this  title,  Rolling  Stock. 

Preferences  in  furnishing,  See  below,  this  title,  Discrimination. 

Charters 

Attempt  to  evade  constitutional  provisions  as  to  consolidation  works 
forfeiture  of  charter.      (X.D.  VII   141;   S.D.  XVII   14.) 

Corporate  powers  and  privileges  issued  and  granted  by  secretary  of 
state,  as  prescribed  by  law,  or  by  other  person  named  by  law  if  he 
is  disqualified.      (Ga.  Ill  Sec.  VII  18.) 

Legislature  may  not  pass  local  or  special  laws  incorporating  rail- 
roads.     (Okla.  V  46;   Tex.  Ill  56.) 

Legislature  may  prescribe  penalties,  by  way  of  regulation,  to  extent 
of  forfeiture  of  franchise.      (Miss.  VII  186.) 

Combinations 

Sec  also  Monopolies  and  Trusts. 

With  vessels  or  common  carriers  by  which  earnings  of  one  doing 
carrying  to  be  shared  by  other  not  doing  carrying,  prohibited.    (Ky. 

201;    Wash.   XII    14.) 
Consolidation.  See  beloic,  tliis  title,  Consolidation. 

Commissions  to  Regulate  Railroads,  See  Public  Service  Commissions. 

As  Common  Carriers 

Declared    to   be    common    carriers.       (Ala.    XII    242;    Ark.    XVII    1; 

Colo.   XV  4;   La.  272;   Mo.  XII    14;    Pa.  XVII   1;    S.D.  XVII    15; 

Tex.  X  2;   Wyo.  X  Corporations  7.  X  Railroads  2.) 

Declared  to  be  common   carriers   and  subject   to  legislative  control. 

(Ariz.  XV  10;   Cal.  XII   17;   Ida.  XI  5;   Mont,  XV  5;   N.D.  VII 

142;  Utah  XII  12.) 
Railroads  carrying  persons  or  property  for  hire  are  common  carriers. 

(Miss.  VII   184.) 
Commutation  Tickets,  See  below,  this  title,  Passes  and  Reduced  Rates. 

Competing  Lines,  See  below,  this  title,  Parallel  or  Competing  Lines. 

Connections  and  Crossings 

Grain  must  be  delivered  at  any  elevator  or  warehouse  reached  by  a 
railroad's  tracks,  and  warehouses-  or  coal  yards  allowed  to  make 

connections.      (111.  XIII  5.) 
Crossings  upon  and  alongside  of  roadbeds  can  be  required  by  corpora- 
tion commission;  orders  thereon  may  be  removed  to  supreme  court. 

(N.M.   XI   7.) 
Must  allow  each  other's   tracks  to  unite,  intersect   and  cross  where 

reasonable  or  feasible.      (Ky.  216.) 
.Must   form  proper  connections,  if  of  same  gauge,  at  crossings  and  all 
points  at  or   near  the  termination  of  another  road.      (Wash.  XII 

13.) 

Must  receive  and  deliver  each  other's  cars  and  freight  in  carloads  or 

less   quantities   without   delay   or    discrimination;    provision    does 

not  require  permitting  use  of  tracks  by  another  company.      (Ky. 

213.) 


1  \  I » I  X      I  » I . 


RAILROADS   [Cont'd) 
Connections  and  (  k 

.Musi    receive   and    tvanspoi 
cars,  loaded  or  enrptj  .  with 
212;     Ark.    \  \  I  I     I  ;    i  .,  I.    \  |  |     | ;       | 
Ml    L3;   Nl'.  \  II    1*3;   Pa,   Will:-     I 
Wash:  \l  I  13;  Wyo,  \  Railroi 
Must   receive   and    transport    each   oil 
ca  is.  Loaded  or  eniptj .  without  del 
regulations  as  prescribed  by  law    "i 

Must    receive  ami   trctrtsport    p 

empty,  deliver*  d  to  ii  bj  othei   i  ailrn  i 

i  ion    road   oi'   i  ransmittiug   In 

Must  receive  eafeh  61  her's  cai  -.  I nnu  ige 

in-  (liscriininal  inn.  a-   i  egulal  ed  I  \ 
Penalties  prescribed   for  cerl  am  offen 

tinns.  receiving  freight,  etC4      (Ky.  21 
Railroad  seeking  td  arose1  at  grade  musi 

by  commission ;  cos4   borne  equally 

siding  crossings;     (Okla.  1\  27.' 
Right  of  domestic  railroad  to  rat 

railroad,  street    railway.   Iran-] 

Right    &i    ewr\     railroad    to    intersex 

railroads,  as  permitted  by  commission,  d< 

Right  of  e\ery  railroad  to  int..  tnnecl   wit 

roads,  delated.      (Ala.  Mi   242;    Ark.  M  11 
XV   4;    La.   271:    Alt-.    VI!    184;    Mo.    Ml    1 
VII   14.3:   Okla.    IX    2:    Pa.    MM    L;    S.D.    Mil    L< 
Xll    L66;  Wash.  Ml   L3;  Wyo.  \  Railr. 

Right    of   every    railroad    to   intei 
railroads,  under   regulation   ar, 

: 

Right    to  connect    a'    -tat.  line  with   rai 

(Ala    Ml  242:   Ark.  MM    1:  Cal. 

La    271;   Mo.  XII   13;   Mont.   XI    5;    M  -    VI 

Okla.    IX   2;    Pa.    \\H    I—  '      «•••<  SVII  H 

Wash.  XI!   13;  Wyo.  X   Etailroa  la   I. 
••  Running  contract-  "  diseriminat  n 

ing  lines  to  be  prohibited  by  Lcgi< 
Switches   may   I rdered   bj    commi 

nsaki    |        cost))   railroad  to  furni 

ti(,n.  a1  cosi  of  industry,  and  d 

for  refusal,  $500 
Switches  may  be  ordered 

, .mi-ion.  where  ceasonablj  i 

Traek  connections  for  grain  . 

or  coal  van!  musi  be  permitted  b: 


1224  State  Constitutions 


RAILROADS   (Cont'd) 

Consent  of  Local  Authorities 

No  law  to  be  passed  by  legislature  granting  right  to  construct  and 
operate  railroads,  without  first  obtaining  consent  of  local  authori- 
ties in  control  of  streets  or  public  places  proposed  to  be  occupied 
for  any  such  or  like  purposes.  (S.C.  VIII  8.) 
To  construction  and  operation  in  cities,  towns  and  villages,  See  the 
subhead  Public  Utilities  under  the  specific  title. 
Consolidation 

See  also  above,  this  title,  Combinations. 

Allowed  only  with  foreign  road  where  consolidated  company  becomes 

domestic  corporation.      (Miss.  VII  197;   S.C.  IX  8.) 
Allowed  with  Avritten  consent  of  corporation  commission;  legislature 

may  further  limit  right  to  consolidate.      (Okla.  IX  9.) 
Attempt   to    accomplish   objects   forbidden    by    constitution    through 

holding  companies,  control  of  stock,  forbidden.     (S.C.  IX  19.) 
Attempt  to  evade  provisions  as  to  consolidation,  by  lease  or  other- 
wise, works  forfeiture  of  charter.     (N.D.  VII  141;  S.D.  XVII  14.) 
Combination  of  contract  with  vessel  leaving  or  making  port  in  state, 
or  with   other   common   carrier,  by   which  earnings   of   one   doing 
carrying   to   be   shared   by   other   not   doing   carrying,   prohibited. 
(Cal.   XII  20;   Ky.  201;   Wash.  XII   14.) 
Public  notice   of   at   least  60  days,   as  law  may  provide,   required. 
(111.   XI   11;   La.   274;    Mich.   XII   8;    Mo.   XII    18;    Nebr.  XI   3; 
N.D.  VII  141;   S.D.  XVII  14.) 
With  foreign  railroad  not  to  make  domestic  railroad  a  foreign  cor- 
poration ;  state  courts  to  retain  jurisdiction  as  if  no  consolidation. 

(La.  274;  Mo.  XII  18.) 
With  other  railroad  organized  under  law  of   other  state  or  United 

States,  forbidden.     (Okla.  IX  9:  Tex.  X  6.) 
With  parallel  or  competing  lines,  See  below,  this  title,  Parallel  or 

Competing  Lines. 
Construction  by  State 

Forbidden.     (Ky.  177.) 
Control,  See  beloiv,  this  title,  Regulation. 
County  Seats,  Stations  at,  See  below,  this  title,  Stations. 
Creation,  See  above,  this  title,  Charters. 
Crossings,  See  above,  this  title,  Connections  and  Crossings. 
Depots,  See  below,  this  title,  Stations. 
Directors 

Annual    meeting    in    state,    preceded    by    30    days'    public    notice, 

required.      (Mo.  XII  15;   Okla.  IX  6;   Tex.  X  3.) 
Appointed    by   board    of    public   Avorks,    where    state    has    power    to 
appoint   directors,   and   represent  state   in   stockholders'   meetings. 

(Md.  XTI  2.) 
Majority  required  to  be  residents  and  citizen's  of  state,  of  railroad 

incorporated  by  state.      (111.  XI  11.) 
Not  to  be  interested  in  arrangement  giving  better  terms  or  facilities 
than    offered    general    public;     such    arrangements    void.       (Ark. 

XVII  5.) 


I  M  )  I   \      1  )  | . 


RAILROADS   (Cont'd) 
Directors   (Cont'd) 

Not  to  be  interested  in  furnishing  m 

as  common  carrier  over  works  owi  atrolled 

Same;  adds  that  all  such  contract 

Not  to  be  interested  in  furnishing  materials 

as  common  carrier  over  works  owned  or  controlled 

interest  as  stockholder  not  prohibited. 
Reports,  See  below,  this  title,  Repori 
Discrimination 

In  rates,  See  below,  this  title,  \l\ 

"Long  and  short  haul"  provisions, 

Against  connecting  lines,  in  receipt  and  transport 

tonnage  or  cars,  forbidden.     (Ark.  XVII   L; 

Miss.  VII  184;  Mo.  XII   13;  X.l>.  \  II 

1  ;    S.I).    Mil 
Equal  rights  to  all  to  have  persons  or  prop*  rl 

XVII  3;  Colo.  XV  6;  Mont.  XV  7;   Pa.  XVII 
Equal  rights  to  all  to  have  persons  or  property  inn 

able  property  may  be  given  preferen.  •  !  8 

Exclusive  or  preferential  contracts  or  arrangement 

or  business  of  common  carrier,  forbidden.     I  B 
Free  to  all  persons  or  property  transported,  undei    i   . 

prescribed  by  law.     (111.  XI   12;  Nebr.  XI   i ;  W.Va    XI  9 
In  charges  or  facilities  for  transportation  of   freight 

forbidden.     (Colo.  XV  6;  Ida,  XI  6;  Mont.  N\   7:  Pa.  W  II  ! 
In  charges  or  facilities  in  transportation  between  ti 

•panies  and  individuals  by  abatement,  drawback  ■ 

bidden. 
In    facilities,   privileges   or   rate-    among   telegraph 

hibited;  general  law  of  regulation  to  be  passed  I 

\l  I 

Must  be  made  by  law  to  extend  same  equality  and    • 
all   users    except   employees    and    their    famili. 

gospel.     (Wyo    X   ; 

Must  handle  freight  from  same  point-,  upon  stame  i 
manner,  for  same  charges  and  for  Bame  ne  th< 

Must  receive  and  deliver  each  other's 

or  discriminati 

Must  receive  each  other's  cars,  tonnage  and  p 

or  discrimination,  as  regulated  by  corns 
Officers,  directors  and  employe.  -  nol  to  be  inl 

giving  better  terms  or  facilities  than  offer. 

arrangement  void.     (Ark.  X\  1 1  G 
In  rights  of  transportation  or  facilities,  pi*  I  »«" 

express  companies  prohibited,     (Wash.  XII 
Penalties  prescribed  for  certain  offenses  in  mak 


1226  State   Coxsittctions 


RAILROADS    {Cont'd) 

Discrimination   (Cont'd) 

Power    and    duty    to    prevent    discrimination    vested    in    legislature.; 

penalties  t©  jbe  provided.     (,Ga.  J\"  Sec.  II  1.) 
Preferences  by  company,  or  lessee,  manager  Or  employee,  in  furnish- 
ing ears  or  motive  power,  forbidden.     (Ark.  XVII  ti;  Coin.  XV  (i; 
Ida..   XI   (i;    Mp:  XII   23j   -Mont.   XV   7;   Pa.  XVII   7.  i 
Unjust   discriminations    on    various    railroads    of    state    to    he    pro 

hibited  by  laws  passed,  from  lime  to  time.     (Ga.  IV  See.  II   1.) 
"Running    contracts"    discriminating    against    coimeeting   or    inter- 
secting lines  to  he  prohibited   by  legislature.      ( Alieh.  XII    7. 1 
.  Transportation  of  freight  and   passengers  to  be  .so  regulated   by  gen- 

er.aJ  law.  as  to  prevent   unjust  discrimination.      (Ky.    10<i.) 
Eakmxus,   Tax  ox.   See  Taxation. 
Eminent  Domain  koi;.  See  Eminent  Do.matn. 
Employees 

See  nJy-o  bfTfiw,  phis  title,  Officbks. 

Ascertainment  of  and   report  on   salaries   and  wages  h\    cqmmission, 

and  printing  of  same  as  public  record,  prescribed.      (Okla.  IX  20.) 

Not   to  be  interested  in  arrangement  giving  better  terms  or  facilities 

than     offered    general     public;     such     arrangements    void.       (Ark. 

XVII    5.) 

Not  to  be  interested  in  furnishing  materials  or   -applies  nor  to  act 

as  common  carrier  over  works  owned  or  controlled  by  his  railroad. 

(Mo.  XII  22;   Pa..  XVII  (5.) 
Same;   adds  that  all   sucli  contracts  are  void.      (Ark.  XVII  5.) 
Not  to  be  interested   in   furnishing  materials  or  supplies  nor  to  act 
as  common  carrier  over  works  owned  or  controlled  by  his  railroad; 
interest   as   stockholder  not    prohibited,.      (  Cal.   XII    IS.) 
Liability  for  injuries  to.  See  Labor  —  Employer's  Liability. 
Equal  Rates.  »sv.    above,  this  title,  Discrimination. 
Ex( ritsiox  Tickets.  See  beloir,,   ihis   liih\   Passes  axd  REBjtrcEl)  Rates. 
Pxe<  ctiox  or  Attachment 

Earnings,   ehoses   in    action,   nione\    or    persona]    property   subject   to 
process   or   attachment    in   hands   of  ollicer.   agent   or   employees   as 

in  case  of  individuals.      (Ky.  212.) 

Ileal  or  personal  property  liable  to  execution  or  sale  as  in   case   of 

individuals;   no  law  to  be  passed  exempting  same.      (Okla.  IX   7; 

Tex.  X  4.) 
Rolling  -lock.  8ee%cloir.  litis  lilh\  Rolling  Stock.   ■ 
Express  C'ompaxies,  Privileges  to 

Railroads  must  give  equal  rights  of  transportation,  facilities,  privi- 
leges and    rates  to  all  express  companies.      (Wash.  XII  21.) 
Eoreign  Railroads 

Agent  to  receive  process  in  every  county  touched  hy  its  line  as  pre- 
requisite to  doing  business.      ( \V\<>.  X  Railroads  S. ) 
Consolidation    of    domestic    with    foreign    railroad    does    hot    make 
domestic    a    foreign    corporation ;    slate   courts   retain   jurisdiction. 

(La.  274;  Mo.  XII  IS.) 


I  M  1 1    \      I  I , , 


RAILROADS   (Cont'd) 

Foreign    Railroads    (C'oj 

Excepted  from  proyisio.ua  relal 

books  and  annuaj  repoi  i  - 
Lease  or  operation  of,  01    Lnl 

corporation,  forbiddi  n.      I  \li--.   \  li 
Must    incorporate  under  domestic  law,  lo  ■ 

domain.     (K\.  -l\\  ■  Nebr.  \  I 
No  generaj  or  special  law  lo  be  p  i 

having  existing  license  from  tli 

corporation  to  obtain  anj  Ken. 

X<>  license  can  be  granted  foreign  rail) 
ate  in  this  state.     <  Miss.  VII  19' 
Fobeem  ube  of  * ' 1 1  \ K  1 1  it.  S<  i   aboi  0,  th 
Franchise,  See  abovei  this  title,  <  habti 
Frekmit  Rates,  See  below,  this  title,  Rati 
Grainj  Transportation  of 

Delivery  required  of  railr la  to  el 

can  iic  peached  by  i  rack  open  to  u 
Crams  of  Public  Property  to,  8e<    Purln    Propi 
Grants  of  Pri-.i.n    Lands  to,  Se<    Pcblh     L/ 
IndebteDni 

Fictitious'  increase1  of  indeW  id.     (III.  \l   i 

Detailed    investigation    and    reporl  nmiss 

same  as  public  record,  prescribed; 

Bonds,  Si  e  dboin  .  this  Hi 
Interurban  Railways 

Fellow-servant    doctrine    abolished 

master;    act   apple  '  >kla.    I\ 

Liability 

For  all  damages  to  persons  or  propert; 

I 

Limitation  of  liability  as  common  carrier  pro 

Tn  employees,  See  Labor       Esm  oi  i  <■■'     Li 
"Lonc  ami  Shout  Haul"  Provisions,  >• 
Mileage*  Tickets,  See  below,  this  title,  P 
Motive  Power,  Sa   below,  this  titl .  I 
Movable  Property,  See  below,  tint  t    '■■  R 
Municipal  Aid,  8*   "  Boroughs",  "I 

"MUNICIPALITIES '",      -Towns-.     "  ToWNSHl 


1 


Office  in  State 

Foreign  corporations  excepted  from  requi 

Required  for  transaction  of  bus 

ing  I l.-  for  inspection,  I 


1228  State  Constitutions 


RAILROADS   (Cont'd) 

Office  in  State  (Cont'd) 

Required  for  transaction  of  business,  transfers  of  stock  and  for  keep- 
ing  books  for   public   inspection.      (La.   273;    Mo.  XII   15;    Nebr. 
XI  1;  N.D.  VII  140;  S.D.  XVII  12.) 
Required  for  transfers  of  stock,  and  for  keeping  books,  for  inspection 

by  stockholders.     (Okla.  IX  6.) 
Required  for  transfers  of  stock,  and  for  keeping  books,  for  inspection 
by  stockholders  or  creditors.      (Ark.  XVII  2;  Pa.  XVII  2.) 
Officers 

Ascertainment  of  and  report  on  salaries  and  wages  by  commission, 

and  printing  of  same  as  public  record,  prescribed.     (Okla.  IX  29.) 

Not  to  be  interested  in  arrangement  giving  better  terms  or  facilities 

than  ottered  general  public ;  such  arrangement  void.    (Ark.  XVII  5.) 

Not  to  be  interested  in  furnishing  materials  or  supplies  nor  to  act 

as  common  carrier  over  works  owned  or  controlled  by  his  railroad. 

(Mo.  XII  22;  Pa.  XVII  6.) 

Same;  adds  that  all  such  contractc  are  void.     (Ark.  XVII  5.) 

Not  to  be  interested  in  furnishing  materials  or  supplies  nor  to  act 

as  common  carrier  over  works  owned  or  controlled  by  his  railroad; 

interest  as  stockholder  not  prohibited.      (Cal.  XII  18.) 

No   salaried   officer   of    a   railroad   company   eligible   to    legislature. 

(W.Va.  VI  13.) 
Names  and  addresses,  Bee  above,  tltis  title,  Books. 
Parallel  or  Competing  Lines 

Every  railroad  whose  charter  permits  may  parallel  any  other  road; 
exception  may  be  made  of  paralleling  certain  named  road.      (Va. 

XII  166.) 
Exclusive  right  to  build  parallel  lines  not  to  be  granted  any  com- 
pany.    (Va.  XII  166.) 
Jury  trial  to  determine  whether  railroads  are  parallel  or  competing 

may  be  demanded.      (Mo.  XII  17.) 
Jury  trial  to  determine  whether  railroads  are  parallel  or  competing 

may  be  demanded  by .  complainant.      (S.C.  IX  7.) 
Jury  trial  to  determine  whether  railroads  or  canals  are  parallel  or 
competing   may   be   demanded   by   complainant.      (Ark.    XVII    4; 

,Pa.  XVII  4.) 
Officer  of  railroad  not  to  act  as  officer  of  parallel  or  competing  line. 

(Mont.  XV  6;   Mo.  XII  17;   Tex.  X  5.) 
Officer    of    railroad    or    canal    corporation    not    to    act    as    officer    of 

parallel  or  competing  line.      (Ark.  XVII  4;  Pa.  XVII  4.) 
Not  to  consolidate  capital  stock,  franchises  or  property,  poll  earn- 
ings, purchase  or  operate,  parallel  or  competing  line.      (Ky.  201.) 
Not  to  consolidate  stock,  property  or  franchise  with  competing  line. 

(Wash.  XII  16.) 
Not  to  consolidate  stock,  property  or  franchises  with  competing  line. 

(Utah  XII  13.) 
Not  to  consolidate  stock,  property  or  franchise  with,  or  obtain  posses- 
sion or  control  of,  parallel  or  competing  line  without  legislature's 

consent.     (W.Va.  XI  11.) 


Index  Diqesi 


RAILROADS   (Com 

Parallel  or  Competing  Lim 

Not    to   consolidate   stock,   pn 

competing  line.     (Colo.  \\    ...    111.  \l    i,. 

Not    to  consolidate  .   propi  rtj 

competing  Line;    attempi    to   i 
feiture  of  charter.     (N.D.  \ll    Ml;  >.i>    \  \  1 1 

Nut   to  consolidate   stock,   prop*  1 1 
competing  line  nor   unite   busi 

Not   to   consolidate  stock,   pr<  p 
competing  railroad  or  canal,  n 

■Mk.  \\  II   i 
Passenger  Rates,  See  below,  this  title,  R 
Passes  and  Reduced  Ra  i 
General  Prohibition 

No    railroad   to   grant    passes 

except  officers  and  employees.       Pa.  XVI] 
No   railroad  to  grain    passes   or    rcdu 

numerous  exceptions  enumerated.     (Okla.  I\ 
Legislature  not  prevented  from  extending 
elusion  of  free  transportation  or  fran 

'. 
To  Public  Officers  Prohibited 

.Member   of   legislature   or   officer    i 

Officer  of  state,  legislative,  executive  or  judii 

Person  holding  office  of  honor,  trusl    or  | 

Ml 

Member  of  legislature  or  salaried  ..Hi. .  i 
State,   district,   city,    town    or   countj 

lature 
Member   of   legislature,    public   ofl  • 

pointed   to  public  office,      i  La.    1" 
Member  of  legislature   or   state,   disl 

oil 

Member  of  legislature  or  of  board  of  equal 

or  municipal    officer,      i  Mo.    XI I 
Governor,  member  of  state  board 

tion  commission,  judge  of  Bup 

attorney,    county    commissi 

Member  of  legislature.     (N.M.   N    37,    W 

Public    ..Ulcer    or    person    ■ 

un.l- 

Member   of   legislate 

Member  of  legislature  o,    person  holding  publi. 


1230  State  Constitutions 


RAILROADS    (Cont'd) 

Passes  and  Reduced  Rates    [GonVd) 
Exceptions  from  Prohibition 

Excursion   and  Commutation    Tickets 

Allowed    at    special    rates.       (Ark.    XVII    3;    Cal.    XII    21; 

Mo.    XII    12;    Okla.    IX    30;    S.C.    IX   5;    Wash.    XII    15.1 

Allowed   at   special   rates,   provided  such  rates  are   same  to 

all   persons.      (Ida.  XI  6;    Mont.   XV   7.1 
Mileage  or  excursion  tickets  not  prohibited  by  constitution. 

(La.   287.) 
General  Public 

Charities,   fairs,   destitute   or   indigent,   may  be   served    free 

or  at   reduced   rates.      (La.  2S7.) 
Ministers   of    religion    and    hospital    inmates   may   be   given 

free  transportation.  (La.  287.) 
Numerous  named  classes  of  persons,  such  as  those  engaged 
in  religious  and  charitable  work,  destitute  persons,  ex- 
soldiers,  caretakers  of  shipments,  employees  of  sleeping 
and  express  cars,  telegraph  and  telephone  linemen,  mail. 
customs  and  immigration  inspectors,  etc.;  and  in  ca  sea 
of  "calamitous  visitation".  (Okla.  IX  13.) 
Public  Offict  rs 

Members  and  officers  of  corporation  commission.      (Va.  XII 

161.) 

Member   of   legislature   who   is   employee   of   railroad    at    his 

election   may   accept   or  procure  pass   for  self  or    another, 

not   member   of   legislature   or   person   exercising   judicial 

functions.      (Ala.  XIT   244.) 
Xo    prohibition    on    serving    state    or    city,    parish    or    town 

government,  free  or  at  reduced   rates.      (La.  2S7.) 
Policemen  and  firemen,  while  in  discharge  of  duties,  may  be 

transported  free  by  street  railways.      I  Va.  XII  165.) 
Railroad  commi-ssioners.      (Cal.  XIT  ID;  Miss.  VII  188.) 
Railroad  Officials;  and  Employees 

Employees  elected  to  legislature  may  accept  or  procure  pass 
for  self  or  another,  not   member  of  legislature  or   person 
exercising  judicial  fund  inns.      (Ala.  XII  244; ) 
Officers,    agents,    employees,    attorneys,    stockholders    or    di- 
rectors,  "unless  otherwise  provided    for  by   this   constitu- 
tion".     (La.   287.) 
Officers  and  employees.      (Pa.   XVII  8.)  / 

Penalties 

Generally 

Legislature   shall   prevent   by   law  granting  of   pass   in    pro- 
hibited  cases.      (Ark.   XVII   7.1 
Legislature   shall   enact   laws    for   detection,   prevention    and 

punishment  of  violations.      (Miss.  VII   188.) 
Legislature    shall    pass    laws   to    enforce    constitutional    pro- 
visions.    (Wash.  II  39.  XII  20.) 


i.\i)i:\    DigIest 


RAILROADS   (Cont'd) 

Passes  and  Reduced  Rates   (Co 
Penalties    {Cont'd  • 

'/.  hi  rally   i  ( 'ont'd  i 

Legislature  shall  pro*  ide  "  Suitable  pwial 

Recipii  m    guilty    i  •    legislature   ah  ill 

tii 
On    Public   <)j!<  Prohil   U  ■    I  /..■ 

Forfeits  office.     (Gal.  XI]   19';   Mo.  Ml   .' 
Fo'rfeits  office  and    i-   lt 1 1 i 1 1  \ 

Forfeits  office  and  shall  be  - 

may  be  prescribed  by  law.     (La.  L91 ;  Va.  \ll 

Forfeits  office;    legislature  shall   enacl    i 

■ 

Guilty  of  misdemeanor  and  foi 

I.Y.   •■  I : 

Guilty  of  misdemeanor;  line  of  no1  ovi 
t i' in  of  court  imprisonment,  aot   • 
to  impeachment  and  removal;  constitutional   • 
be  charged  to  grand  jury;  jurisdiction  of  off<    -< 

On   Railroads 

Corporation,    or   officer   or   agenl    thereof,   guiltj 

meahdr  and  liable  to  punishment.     (N.Y.  Kill 
Corporation,  or  'Hirer  of  agent  thereof,  liabb  I 

snil    to   be   bfoUght    at    domicile 

Guilty  of  crime;  legislature  shall  provide 

l\ 

LegislatUfe  shall  provide  "  heavy 

Testimony  as  to   Violations 

May  be  required  of  all   person-  b\  I 
petted  to  te-tity.     (La.  191;   N.Y.  XIII 
Place  <>;    BtWfflttSS  ■•  this  title,  OffiCT    r» 

POWEH    0]     <  -o-^TRt'OTIO-V    A.\I)    OPERAl 

Expressh    conferred  between   any   point-    in 
\rk    XVII    1:    Colo.   XV  4;    Ida.    XI    5;    1 
Mo    XII    1.3';    Mont.    XV    5;    N.M.    X]     18;    tf.D.   VII 
TV  2>    Pa    XVH   1:  S.l'.  XVII    16;  Tex.  X  1;  V 

Connection*,  X-  above,  this  title,  i 
Pbefekencks.   Sfe,    above,  this  title,   Discrimiic.m 

As  Public   Highways 

Declaredtb  be  ^He-highways.     (Am.  X      10;  Ark 

XVI:M,    NIT.:    Hi-    M    125    '----    M"X    ',  V 
Nebr     \I    H    &D.  VII    142!   Oklfc.   1' 
15:   Tex.  X  2;  .  XI  9; 


1232  State  Constitutions 


RAILROADS   {Cont'd) 

As  Public  Highways  (Cont'd) 

Declared  to  be  public  highways  if  carrying  persons  or  property  for 

hire.      (Miss.  VII  184.) 
Declared  to  be  public  highways  if  not  constructed  and  used  exclu- 
sively for  private  purposes.      (Ala.  XII  242.) 
Equality  of  treatment,  See  above,  this  title,  Discrimination. 
Railroad  Commissions,  See  Public  Service  Commissions. 
Railway  Bridge  Companies 

Exclusive     or    preferential    contracts    or     arrangements    respecting 

freight  or  business  of  common  carriers  forbidden.     (Ky.  214.) 
Must  allow  tracks  of  each  other  to  unite,  intersect  and  cross,  where 

reasonable  or  feasible.      (Ky.  216.) 
Must  handle  freight  of  same  class  for  all  to  and  from  same  points 
upon  same  conditions,  in  same  manner,  for  same  charges  and  for 
same  method  of  payment.     (Ky.  215.) 
Penalties  prescribed  for  certain  offenses   as   to  making  connections, 

receiving  freight,  discriminations  and  preferences.     (Ky.  217.) 
Required   to   receive   and   deliver,   without    delay   or   discrimination, 
each  other's  cars   and  tonnage,  but  permitting  use  of  tracks  not 

required.      (Ky.  213.) 
Rates 

Commutation,  Sec  above,  this  title,  Passes  and  Reduced  Rates. 
Discrimination 

Among  express  companies  in  rates  for  transportation  of  men  or 

materials,  or  of  property  carried  by  them,  or  for  doing  business 

of  such  companies,  prohibited.      (Wash.  XII  21.) 

Among  telegraph  companies  in  rates  for  transportation  of  men  or 

material,  prohibited;  general  law  to  be  passed  thereon.    (Wash. 

XII  19.) 
Drawbacks  and  rebatement  of  insurance,  freight,  wharfage,  stor- 
age, etc.,  to   person   other  than   owner,  prohibited   and   to  be 
made  punishable  by  legislature.      (Tex.  XVI  25.) 
Freight  of  same  class  must  be  handled  for  all  for  same  charges 

and  for  same  method  of  payment.      (Ky.  215.) 
In  transportation  between  transportation  companies  and  individ- 
uals by  abatement,   drawback  or  otherwise,  forbidden.      (Mo. 

XII  23.) 
In  transportation  of  freight  or  passengers,  forbidden.     (Colo.  XV 

6;  Ida.  XI  6;  Mont.  XV  7;  Pa.  XVII  3.) 
Must  handle   freight   of   same   class   for   all   to   and   from   same 
points,  upon  same  conditions,  in  same  manner,  for  same  charges 
and  for  same  method  of  payment.     (Ky.  215.) 
Must  receive  and  handle  cars  and  freight  of  connections  without 
discrimination  in  rates  or  drawbacks  or  rebates.      (Ky.  215.) 
Railroad  commission  may  make  competition  rates  at  junctional 
and    competitive   points   to   meet   water   competition    or    com- 
petition of  points  in  other  states.      (S.C.  IX  5.) 


I.mm:\   Diassi 


RAILROADS   {Cont'd) 
Rates    {Cont'd) 

Discrimination   {ConV 

Rebate  or  bonus  or  any    acl    to  dcceiv<    | 
charged  fur  freighl    or   pa 
illegal  and   void;   penaltii  -   to  be   pr< 

Excursion  Tickets,  See  above,  this  title,  I 
"  Long  and  Short  Haul  "  Provisions 

Persons  and  propertj  to  be  delivered 
greater  charge  than  for  Bame  clase  in 
distant  station-,  excursion  and  commutatii 

(A ik.  W  i 
Persons  and  property  to  be  delivered  at  an) 
port  at  no  greater  charge  than  fi 
tion  to  more  distant  station,  port   01    landing; 
commutation   tickets   permitted.      (Cal.    Ml 
Persons  and  property  to  be  transported  at  ch 
charge  for  same  class  to  more  distanl  point  within 

M  - 
Persons  and  property   to  be  transported  at  cb 
charges  for  same  class  over  same  lii 
substantially   similar   circumstances    and    coi  lit 
distant    point;     railroad    commission    maj     i 

Unlawful  to  charge  for  freighl  or  passenj 

less    than    for   greater    distance;    Legislature    to    pa« 
enforce   provision;    excursion    and    commul 

mitt 

Unlawful  to  charge   for   freighl    or   pa 

for  less  than  for  greater  distance,  unless  alb 
commission;    mileage    or    excursion    ti 

Railroad  commission   may  make  competitive  i 
and  competitive  points  to  meet   watei 
tion  of  points  in  oilier  states.     (S.C.   IX 
Maximum  Rates 

Legislature  may  fix   ret  ■    maximum 

and  freight  or  delegate  power  to  a 

Legislature    to    establish    maximum 

freight,  and  provide  penalties        VIo.  Ml   14;  H  N< 

Legislature  to  establish  reasonable  maximu 
and  freight.     (111.  M    12;    Nebr    \l    • 

Passenger  fare  not  to  exceed  two  • 
provided  by  law,  or  exemption  n 
of  insufficiencj  ;  streel  and  i  le<  tri 

Mileage  Tickets,  See  above,  this   titU     Pi 


1234  State   Constitution s 


RAILROADS   [Cont'd) 
Rates   (Cont'd) 

Passes  and  Reduced  Rates,  See  abovi .  this  title.  Passes  ash  Reduced 

Rates. 
Penalties 

For   certain    unlawful   rates,   $2,000   to    forfeiture   of   charter   or 

license.     (  Ky.  217.) 
For  unlawful  rates  or  violating  orders,  etc..  of  railroad  commis- 
sion. $100  to  $5,000:      (La.  286.) 
Regulation  by  Commission 

Adjustment   between   trunk   and   branch   lines   to   be   by   railroad 

commission.     (La.  284.) 
Corporation  commission  fixes  and  controls  rates;   either  commis- 
sion  or  railroad   may   remove  case  to   supreme  court;    enforce- 
ment rests  with  supreme  court.      (N,M;  XI  7.) 
Railroad  commission  may  fix  rates  when  power  to  do  so  is  con- 
ferred by  legislature;      (Gal.  XII  23. » 
Railroad  commission  may  make  competitive  rates  at  junctional 
and    competitive    points    to    meet    water    competition    or    com- 
petition of  points  in  other  states.      (S.C.  IX  5.) 
Remain  in  effect  as  fixed  by  railroad  commission  until  set  aside: 
penalty    payable    state    for    each    day    sustained    rate   was   sus- 
pended by  suit,      (La.  286.) 
Subject  to  regulation  and  change  by  railroad  commission.      (La. 

2S4.) 
Regulation  by  Legislature 

Drawback,   rebatement    of    insurance,    freight,    wharfage,   storage. 
etc.,  to  person  other  than  owner,  to  lie  penalized.      (Tex.  XVI 

25.) 

Legislature   may   regulate   and   control   rates   for   pafcsengers  and 

freight  ;    appeal    to    courts    allowed,    and    rates    fixed    standing 

pending  appeal.     (X.D.  VII  142.) 

Legislature's    power    to    regulate    rates    not    denied    or    restricted 

by    prohibition    of    private    or    special    laws   in    certain    cases. 

(Xev.  IV  20;   Utah  VI  26.) 
Legislature  to  pass  laws  to  prevent    unjust   discriminations   and 
require    reasonable    and    just    freight    and    passenger    tariffs; 
penalties  to  be  provided.      (("4a.  IV  Sec.  II   1.) 
Legislature  to  prevent  discrimination  and  excessive  charges,  pro- 
vide   penalties    and    create    necessary    offices    and    commissions. 

(Ark.  XVII  10.) 

Legislature  to  prevent  discrimination  between  through  and  local 

or    way    freight    and   passenger    tariffs,    and    provide   penalties. 

(W.Va.  XI  0.) 

Legislature    to    prevent    unjust    discrimination    and    extortion    in 

freight    and    passenger    tariffs    and   enforce   laws   by    adequate 

penalties.      (Ala.  XII   243:   Md.   XII    14;   Utah  XII  15;   Wash. 

XII  18.) 


I      01  I  i 

RAILROADS   (Gonf 
Rates   (Cont'd) 

Regulation  by  Legislature      i 

Legislature   to   preverrt    tuijnal    di 
passenger  and  freighl  i 

Legislature  to   prevent    unjust   di 

passenger  and  freighl  tatirl 

and  franchisi  -         111.  XI    15; 
Legislatun    to   regulal 

abuses',  prevent  discrimination  and 

penalties;  for  these  pui 

• 
Rebate,  bonus  ot  anj 

be  penalized.     (Ala.  XII  2 
Rights  of  telegraph  and  tele] 

railroad  to  be  secured  by  gem 
Subject,  as  edmrnon  can 

trol  for  pas 

Subject  to  legislative  regulation  and 

fr. 
Rebates.  See  above,  this  title,   Rates  —  Discbiki  iai 

Regelation 

Of  rates.  See  above,  this  title,  Rai 
Corporation    commission    must    keep    im 

dition  of  railroads.      (Okla.  LX  18;  Va,  XII 
Domestic  railroad  consolidated  with  foreign  rat 

Legislature  to  enact  laws  for  supervisii 
sion  or  otherwise,  and  to  provide  adequal 
foEfeHJnre' of  franchise.     (Miss.  VI]   '- 

Legislature  to  pass  law 

excessive   charges;    provide    penaH 

I  commit 

Legislature   to   provide    for   correctl  i 

just  rights  of  public  and  provide  ; 
Must  submit  to  inspection   of 

ollicers    and    empfoyei  -    bj 

$500  per  daj  :   !'■  rsons  refusing  also  pui 
Railroad  comm  vested    with    contr 

rates  onlv  when  p  >wer  to  do 

Railroad    commission    vested    witl 
railroad-;   court   rtsview   provided 

I  • 

Railroads  declai 

Transportation   of   freight    and 
ehul   tav     is  to  prevent    m 


1236  State  Constitutions 


RAILROADS   (Cont'd) 

Repeal  of  Constitutional  Provisions  by  Legislature 

After  designated  date  legislature  given  power  to  repeal  certain 
provisions  of  constitution  relating  to  certain  classes  of  public 
service  corporations,  their  rates,  facilities,  etc.  (Okla.  IX  35.) 
After  a  designated  date,  legislature  given  power  to  repeal  certain 
provisions  of  constitution  relating  to  corporation  commission,  its 
powers  and  duties  and  procedure  on  appeal  therefrom.     (Okla.  IX 

35;  Va.  XII  156   (1).) 
Reports 

Annual,  by  directors,  under  oath,  to  auditor  of  public  accounts  or 
other  designated  officer;  contents  may  be  prescribed  by  law; 
penalty  to  be  provided.  (111.  XI  9;  N.D.  VII  140;  S.D.  XVII  12.) 
Annual,  by  directors,  under  oath,  to  auditor  of  public  accounts  or 
other  designated  officer;  of  amount  from  passengers  and  freight 
and  as  otherwise  prescribed;  penalty  to  be  provided.  (Nebr.  XI  1.) 
Annual,  by  directors,  under  oath,  to  auditor  of  public  accounts;  con- 
tents may  be  prescribed  by  law;   penalty  to  be  provided.      (Ark. 

XVII   13.) 

Annual,  by  directors,  under  oath,  to  state  auditor  or  other  designated 

officer;  contents  may  be  prescribed;  penalty  to  be  provided.      (Mo. 

XII  15.) 
Annual,  by  president  or  superintendent,  under  oath,  to  comptroller  or 
governor;   contents  may  be  prescribed  by  law;   penalty  to  be  pro- 
vided for  failure.      (Tex.  X  3.) 
Annual,  by  president  or   superintendent,  under  oath,  to  corporation 
commission ;    other   reports  may  be  required ;   penalties  to  be  pro- 
vided.     (Okla.  IX  6.) 
Annual,  by  "  proper  officers  ",  under  oath,  to  auditor  of  public  ac- 
counts,   or    some    officer    designated    by    law;    contents   to   be   pre- 
scribed; penalties  to  be  prescribed  for  failure.     (W.Va.  XI  7.) 
Annual  report  formerly  made  to  board  of  public  works  to  be  made 
to  corporation  commission  by  railroads  not  exempt  from  taxation  by 
charter,  showing  property  taxable  in  state  on  June  30th  preceding 
and  total  gross  transportation  receipts  for  year  ending  that  date. 

(Va.  XIII  179.) 
Annual,    to    auditor   of    state    of   business   within    state.      (Wyo.    X 

Railroads  3. ) 
Foreign  railroads  excepted  from  requirements  as  to  reports.      (N.D. 

VII  140.) 
Right  of  Way 

State   corporation    commission    may    require   crossings,   culverts   and 
sidings;    removal    of    order    to    supreme   court    permitted.       (N.M. 

XI  7.) 
Taking  of  land  for,  See  Eminent  Domain. 
Over  public  lands,  See  Public  Lands  —  Right  of  Way  Over. 
Grant  for  stations,  See  below,  this  title,  Stations. 
Rolling  Stock 

"And    all    other    movable    property"    considered    personal    property; 
liable  to  execution  and  sale  like  individual's  property.      (Ky.  212.) 


Index   I ' 


RAILROADS   (Cont'd) 

Rolling  Stock   (Cont'd) 

"And   all   other   movable   propertj  "   eoni 
liable  to  execution  and  Bale  like  Indii 
lature  may  not  exempt  therefrom. 
Mo.  XII   16;  Nebr.   XI   2j   okla.   IX   7.    3.D.    ■ 

"And  other  movable  propertj 

to   taxation,   execution   ami    Bale   like   ind 
legislature   may    not   exempt    therefrom. 

Conductors  and  engineers  voluntarily  operating  ui 
not  to  have  benefit  of  certain  sections  refen 
juries  of  railroad  employees.     (Misa    \  i: 
Considered  personal  property  and  liable  to  execut 

VI  l      - 
Corporation  commission  to  regulate  supply   i 
for  shippers   and  passengers;    order   thereon    n 

BU[>r.  me  court 
Preferences  in  furnishing  cars  or  motive  poi 

I 
Safety  Appliances 

Corporation  commission  may  require  of  "  interstate  rail 
portation  companies  and  common  carriers  "  BUch  i 
appliances  as  necessary  or  proper 
and    as    required   by    federal    laws;    right    t..    i 
state  supreme  court.      iX.M.  XI   7.' 
Legislature  to  require,  under  penalties,  appliai 
tect  lives,  health  and  safety  of  travelers. 
Service  of  Process  on  Foreign  Railroad 

As  prerequisite  to  doing  business   must   des 

process  in  every  county  touched  by  its  line  X  Rs 

"Short  Haul"  Provisions,  See  above,  this  t\tl< .  l: 

State  Aid 

See  State  Debt  —  Purposes —Am  to  I'm w; 

See  State  Finances  —  Ex  it.  m  » m  i  :  i  v 
State  as  owner  of  securities,  Bee  PUBLIC  PBOPl  I 
State  Lien  on,  See  Public  Peopebtx       I 

Stations 

At   county   seats   where   railroad   pa- 
provided  no  natural  obstacles,  and  rig  bm  » 
by  local  authorities.     (Okla.  13 
At   county   seats  where   railroad                 within   I 
provided  no  natural  obstacles,  and  right  o!   • 
by  town  or  its  citizens  and  sufficient   ground   f 

pui 
Same;    instances  "  natural   obstacles"   as' 


1238  State   (  'oxstti  i'Tions 


RAILROADS   (Cont'd) 

Stations    {Cont'd) 

At  nearest  practicable  point  required  of  railroads  within  four  miles 
"of  any  existing  town   or  city",  and   stopping  of  all  local  trains. 

I  \\  yo.  X   Railroads  9.) 

Deviation  from  "  most  direct  practicable  line  "  to  avoid  provision  of 

constitution  requiring  stations,  prohibited.     (Wyo.  X  Railroads  9.) 

Legislature    may    regulate    location    and    building    of    passenger    and 

freight  stations.     (Ala.  XI]  243.) 

Maintenance  of  adequate,  comfortable  and  clean  depots  for  passengers 

and    adequate   and   suitable   depots   for    freight,   required.      (Okla. 

IX  26.) 
Railroad  commission  may   regulate  building  and  maintenance.      (La. 

284. ) 

State    corporation    commission    may    require    adequate    buildings    and 

agents   for   passengers,   freight    and   express;    order    reviewable   by 

supreme  court.      (X.M.  XI  7.) 
To  be  required   "  in   the  law   regulating   railway   companies  ",  where 
railroad   runs   through    or   within   half   mile  of  town   or  village  of 
300  or  more  inhabitants.      ( W.Va.  XI   10.) 
Stock 

Increase    of    capital    stock    requires    60    days'    public    notice,    as    may 

be  provided  by  law.      (111.  XI   13;   N.ebr.  XI  5.) 
Issue  permitted  only  for  money,  labor  or  property  actually  received 

and  applied  to  corporate  purposes.      (111.  XI   13;   N.ebr.  XI  5.) 
Stock    dividends   "  and    other    fictitious    increase   of   capital    stock   or 

indebtedness",  void.      (111.  XI    13;   Xebr.  XI  5.) 
Rooks,  See  above,  this  title,  Books. 

Holdings    in     parallel     or    competing    lines,    See    above,     this     title, 

Parallel  or  Competing  Lines. 
Stockholders 

Individual    liability    for    dues    from    corporations    does   not    apply   to 

stockholders  of  railroad   corporations.      (Kan.  XII  2.) 
Directors    appointed    by    board    of    public    works    represent    state    at 

stockholders'  meetings.      (Md.  XII  2.) 
State  as  stockholder.  See  Public  Property. 

Municipality   as   stocknpldjer,    See   "  Boroughs  "   "  Cities  ",   "  Coun- 
ties ",  "  Districts  ",  "  Municipalities  ",  "  Towns  ",  "  Villages". 
Street  Railroads.  See  Street  Railroads. 
Switches,  See  above,  this  title,  Connections  and  Crossings. 
Tariffs,  See  above,  this  title.  Rates. 
Taxation,  See  Taxation. 
Telegraph  Companies,  Privileges  to 

Railroads  must  permit  construction  and  maintenance  of  lines  along 
rights   of   way;    equal    facilities,    privileges   and   rates   to   all   com- 
panies;  general  law  to  be  passed  thereon.      (Wash.  XII   19.) 
Telephone  Companies,  Privileges  to 

Railroads  must  permit  construction  and  maintenance  of  lines  along 
rights  of  way;  general  law  to  be  passed  thereon.      (Wash.  XII  19.) 


I  \ i '  i  \   U jo] 

RAILROADS    [Ton/,/ 
TRACKS 

(Amm  etior,  -.  -v,  .    ,,! .   (his  till 

Lev  pf   land   taken   without   ov 
owner.      (111.   II    13;    \;,,.     | 

Legislature  not   to  grant   i 
or  special   Laws.       I  olo.   \    23;    M 
09;    N.J.    IV   Sec.   \u    Li ;    n.m     ,, 

Legislature  npt   to  grant   righl 

or  special   laws,  or  ami 

Legislature  not    t>.  grant    right   to 
tracks   by.  local,   private  •  : 
scribed   by  general   law. 

Legislature  not    to  grant    right    t,,   ! 
way   by   local  or  special   law  -. 

Use  of  track-   bj    other   ra 

must  be  made  for  cars  and   fr<  '.. 

State   corporation    commission    tnaj    i  iqu 
sidings    upon    and    ab  ■ 

Steam    railroad-    may    be    authorj 
under   state   supervision   ami   • 

TbAXSFEK    COMPANIES     ■ 

Exclusive  or  preferential  contracts 
or  business  of  comrxu  i 

Must  allow  tracks  of  each 

reasonable  or   feas  I  Ky.  2 

Must  handle  freight  of  sam 

upon   same   conditions,   in    same   mam 
same  method  of  paymentt.      I  i 

Penalties   prescribed   for  certain   i 
receiving  freight,  discriminaitions 

Required  to  receive  and  deliver,  without  d< 
other's  cars  and  tonnage,  but  permittii 


Transportation  of  Own  Produ<  rs 

Railroad  not  to  transport  articles  mai 

by   it.  or   in   which   it    has 
business  as   common   carrier. 
Any   mining  company   may   carry    produ 
railroad  no1  over  50  miles  long.     I  Pa.  X\  I 

Tui'NK     KaII  ROADS 

Exeepted    from    provision    lim  I 
by  a   county,   taxini 


1240  State  Constitutions 


RAILROADS   (Cont'd) 

Trunk  Railroads    (Cont'd) 

Railroad   commission    "  to   fix   and   adjust   rates   between   branch   or 
short  lines  and  the  great  trunk  lines  with  which  they  connect  ". 

(La.  284.) 
"  Two-Cent  Law  ",  See  above,  this  title,   Rates. 
Valuation 

Physical  valuation  and  detailed  report  on  indebtedness,  judicial  sales, 
salaries  and  wages,  to  be  made  by  commission  and  printed  as  pub- 
lic record.     (Okla.  IX  29.) 
REBATES 

By  a  particular  class  of  corpora  I  ions,  See  the  specific  title. 
Drawbacks  and  rebatement  of  insurance,  freight,  transportation,  car- 
riage, wharfage,  storage,  compressing,  baling,  repairing  or  for  any  other 
kind  of  labor  or  service,  of  or  to  any  cotton,  grain,  or  any  other  pro- 
duce or  article  of  commerce  in  state  paid,  or  allowed,  or  contracted  for 
to  any  common  carrier,  shipper,  merchant,  commission  merchant,  factor, 
agent  or  middleman  of  any  kind  not  true  and  absolute  owner,  are  for- 
ever prohibited;  and  legislature  to  provide  for  punishing  persons  in 
state,  who  pay,  receive,  or  contract  for  or  respecting  the  same.      (Tex. 

XVI  25.) 
Any  person  having  knowledge  or  possession  of  facts  tending  to  establish 
guilt  of  any  other  person  or  corporation  charged  with  illegal  rebating, 
not  to  be  excused  from  giving  testimony  or  producing  evidence  when 
legally  called  on  to  do  so,  on  ground  that  it  may  tend  to  incriminate 
him  under  laws  of  state;  but  no  person  to  be  prosecuted  or  subject  to 
penalty  or  forfeiture  for  or  on  account  of  any  transaction,  matter  or 
thing  concerning  which  he  may  so  testify  or  produce  evidence.      (Ariz. 

II   19.) 
RECALL  OF  JUDICIAL  DECISIONS,   See  Courts  —  Decisions. 

RECALL  OF  PUBLIC  OFFICERS 

Not  Exclusive  Method  of  Removal 

Not  to  be  deemed  exclusive  of  other  remedies  for  removal  from  office. 

(Kan.  IV  3    (1914).) 
In   addition   to   other   methods   of   removal   provided   by   law.      (Cal. 

XXIII   1.) 
Same;   adds  "and  without  excluding"  after  "to".      (Colo.  XXI   1.) 
Officers  Subject  to  Recall 
Classes 

For  provisions  relating  specifically   to   local  officers,   See   below, 

this  title,  Recall  of  Local  Officers. 
Every  public  officer  in  state.      (Nev.  II  9;   Ore.  II   18.) 
Every  public   officer  holding  either  by  election   or   appointment. 

(Kan.  IV  3  (1914).) 
Every  public  officer  in  state,  except  judicial  officers.  (Ida.  VI  6.) 
Every   public   officer   in   state  holding   elective   office  by   election 

or  appointment.      (Ariz.  VIII  Pt.  I   1.) 
Every  elective  public  officer  of   state.      (Cal.   XXIII   1.) 


Index    Diqj  -i 


RECALL  OF  PUBLIC  OFFICERS  /, 

Officebs  Subject  to  Recall   ( < 
Classes   (Cont'd) 

Same;   "every  person  having  authorit 
public  or  governmental  duty,   pow< 
live  officer,  or  one  appoinl 
ance  with  law  by 

commission,  pers ,    persona   l< 

officer  or  officers,  each   of  win 
subject   to   recall     provision     of 

Every  elective  public  officer  in   stal 

All  elective  officer-,  except  judges  of 
of   like  jurisdiction    (laws   shall    tw 

call 

Any  officer  of  state  or  of  any  district 
any  officer  of  parish  or  ward  then 
cipality  or  ward  thereof   (except  judges  of  a 
of   state,   judges  of   the   various   citj 
peace)   holding  office  by  virtue  of  election 
voters   of   state  or   of   district,    judicia 
parish   or  ward  thereof,  or  of  municipality    or   9 

Length  of  Service 

No  officer  subject  to  recall  until   after  he  ha 

year. 

Must  have  actually  held  office  for  -i\  month-,  but 
be  filed  against  member  of  Legislature  anj  tin 
from   convening  and   organizing   of   legislatun 
tion.     (Cal.  XXIII  1;  Colo.  XXJ 

Must  have  held  office  for  six   months,  but   pi  I 
against  member  of  legislature  anj    time 
beginning  of  first  session  after  election. 

Same;  10  days.     (Nev.  II  9.) 
Effect  of  Prior  Recall  Election 

Same  officer  not  subject  to  recall  during  that 

No  proceedings   to  be  initial' 

months  after  recall  election.      (Cal.    WIN 

No  further  petition  to  be  Bled 

for  which  elected,  unless  petition  signed   I 
50  per  cent,  of  vote-  casi   at    lasl    | 
for   all  candidates  for  office  held    bj 
above  defined".       Se   entrj   foi 
"Number  of  Sigb  mm   -    B 


1242  State  CoxsTirrnoNs 


RECALL  OF  PUBLIC  OFFICERS    {Cont'd} 
Officers   Subject  to  Recall    (Cont'd) 

Effect  of  Prior  Recall  Election   [Cont'd) 

Xo  further  petition1  to  be  filed  against  same  officer  during  term 
for  which  elected,  unless  signers  first  reimburse  treasury  for 
expenses  of  preceding  election.      (Ariz.  VIII    Pt.   I  5;    Nev.  II 

9;   Ore.  II   18.) 
Persons   Who  May   Recall 

As  to   ioh'o   may  sign  petition.  See  hrloir.   this  title.  Who  May  Sign 

Petition. 
As  to  who  may  rote  on  question  of  recall,  See  below,  Hi  is  title,  Elec- 
tion —  Qltalifications  of  Voters. 
To  Whom  Petition  Addressed 

Secretary  of  state.      (Cal.   XXIII    1.) 
Contents  of  Petition 

Statement  of  Grounds  for  Recall 
Required  Statements 

Demand  for  recall,  recital  that  officer  has  committed  act  or 
acts  of  malfeasam :e  or  misfeasance  while  in  office,  or  has 
violated  oath  of  office,  statement  of  matters  complained  of. 

(Wash.  I  33.) 
Rrasons  for  recall.      (Ore.   TI    IS.) 

General    statement    of   grounds     on     which     removal    sought. 

(Cal.   XXIII   1.) 

General   statement    in    not    over    200   words    of   grounds   on 

which  recall  demanded.   (Ariz.  VIII  Pt.  I  2;  Colo.  XXI  1.) 

Reasons  for  recall,  in  not  more  than  200  words.      (Kan.  IV 

4    (1014)  ;    Nev.   II   0.) 
Purpose  of  Statement 

Intended    solely    for    information    of   electors   and    sufficiency 
not   open   to   review.       (Cal.    XXIII    1;    Colo.    XXI    1.   2.) 
Demand  for  Election  of  Successor.     (Cal.  XXIII    1:   Colo.  XXI   1.) 
Form  of  Petition 

To  be   prescribed   by   legislature.      (La.   223    (2)     1014.) 
Notice  to   !  ncumbent 

Notice   of   intention    to   circulate   petition,   together   with   statement  of 
reasons  why   recall   is  sought,  to  be  given  to  incumbent   in  manner 
provided  by  law.      (La.  223    (2)    1014.) 
Circulation  of  Petition 

Any   qualified   elector   of   state  to  be   competent    to   solicit   signatures 
in    count  v.    or    city    and    county,    of    which    he    is    elector.       (Cal. 

XXIII  1.) 
Must   be  circulated  in  at  least   five  counties  of  state1,  in  case  of  recall 

of  officer  elected   in   state  at   large.      (Cal.  XXIII    1.) 
Circulation  in  sections.  She'  belbih,  (Ms  title.  Sections  of  Petition. 
Slctions  of   I'KTniox 
Allowed 

Signatures  need  not  all   be  on  one  sheet.      (Ariz.   VIII   Pt.   I  2; 

Colo.   XXI  2.) 


I  \  i .  i       D 


RECALL  OF  PUBLIC  OFFICERS     I 
Sections  of    I'i  rn  t6?    |  (  onfd) 
Allowed    {Cont'd) 

May  be  presented   in   sections 
Petition's    may    be    circulated 

Requirements 

Each  section  to  contain  full  and 

of  petitidii;     (Cal.  Will   I  •  I 
Each    sectibn    to   beai    nam,,  of  ■ 

which   circulated,  ami   only  qualil 

or  city   and   countj .   may   - 
Affidavit   ><(   circulator.    S 

Number  of  Signatures  for  Each  Section 

At   pleasure  of  person   solieitii 
Filing,    See  belottf,  this  title,  Kiir\<.  mi    p 
Number  of  Signatures  Required-on  Petitk 
On  each  xrrim,,  ,>'  petition,  > 

//  recall  election  already  In  hi.  Set   ./'...■■.   ■ 

JECT   tii    Km   \l.I. —  EFFECT  OF    PrTOB    III'  \M 
Presitniptidn  of  req'uis 

Ten  per  cent,  of  .  '  ate,  qualifiie 

officer;    15  per  cent,  of  electors  for   recall  ol 
trie!    fess   than    statfe!  and 
pointed  by  him:  25  per  cent,  of  electoi    qw 
of  officer  elected   in  comity,  district  or  mill 
or  officer  appointed  by  any  such  officer.      (Kan    I' 

Equal  to   12   per  cent,  of  entire   • 
for  all  candidates  for  oilier  occupied  by  in 
incumbent  is  state  officer  elected  in  political  subdivi 
and  if  incuniheut    elected    in   stftl 
least    five   counties,   signatures  of   nun 
1   per  cent,   of  entire   cote  ca-t    in 
all  candidates  for  office  occupied  bi    inei 

Equal  to  25  per  cent,  of  total  number 
vote  at  last  preceding  general  election 

l,etl' 

Percentage  computed   from  total  nun  ; 
dates   for  office  to  which   ineriml  i 
percentages  to  he  ■•  state  offi 
representatives,  c'i'tj    o 
trict  boards  in  citii 
the  first,  second  and  third 
political    snibdn 
school   distridi     riol     hi  i     i 


1244  State  Constitutions 


RECALL  OF  PUBLIC  OFFICERS    (Cont'd) 

Number  of  Signatures  Required   on  Petition    (Cont'd) 

Equal  to  25  per  cent,  of  entire  vote  east  at  last  preceding  election 
for  all  candidates  for  position  occupied  by  incumbent;  if  more 
than  one  person  is  required  by  law  to  be  elected  to  fill  office  occu- 
pied by  incumbent,  petition  must  be  signed  by  number  equal  to 
25  per  cent,  of  entire  vote  cast  at  last  preceding  general  election 
for  all  candidates  for  office  to  which  incumbent  was  elected  as  one 
of  officers  thereof,  said  entire  vote  being  divided  by  number  of 
officers  elected   to   such   office   at    last    preceding  general   election. 

(Colo.   XXI   1.) 
"  Laws  to  be  passed  to  provide  for  recall  of  elective  officers,  except 
judges   of   courts  of   record   and   courts   of   like  jurisdiction,   upon 
petition  of  25  per  cent,   of  number  of  electors  who  voted  at  pre- 
ceding election   for   office  of  governor  in  their  respective  electoral 

districts".     (Mich.  Ill  IS.) 
Number  equal  to  25  per  cent,  of  number  of  votes  cast  at  last  pre- 
ceding general  election  for  all  candidates  for  office  held  by  incum- 
bent.    (Ariz.  VIII  Pt.  I  1.) 
Not  less  than  25  per  cent,  of  qualified  electors  "  who  vote  "  in  state 
or  in  county,  district  or  municipality  electing  said  officer,  at  pre- 
ceding election,  for  justice  of  highest  court.      (Nev.  II  9.) 
"  There  may  be  required  25  per  cent.,  but  not  more,  of  number   of 
electors  who  voted  "  in  incumbent's  district  at  preceding  election 
for  justice  of  highest  court.      (Ore.  II   18.) 
Who  May  Sign  Petition 

Electors  entitled  to  vote  for  successor  to  incumbent.      (Cal.  XXIII 

1;   Colo.  XXI  1.) 

Legally  qualified  voters  of  state  or  of  district,  judicial  or  otherwise, 

or  of  parish  or  ward  thereof,  or  of  municipality  or  ward  thereof. 

(La.  223    (2)    1914.) 
Qualified  electors  of  state  or  of  political  subdivision  from  which  in- 
cumbent elected.     (Wash.  I  33.) 
Qualified  electors  of  electoral  district  from  which  incumbent  elected. 

(Ariz.  VIII  Pt.  II.) 
"  Laws  to  be  passed  to  provide  for  recall  of  elective  officers,  except 
judges   of   courts  of   record   and   courts  of   like   jurisdiction,   upon 
petition  of  25  per  cent,  of  number  of  electors  who  voted  at  pre- 
ceding election  for  office  of  governor   in  their  respective  electoral 

districts".     (Mich.  Ill  18.) 

"  There  may  be  required  25  per  cent.,  but  not  more,  of  number  of 

electors  who  voted  "   in  incumbent's  district  at  preceding  election 

for  justice  of  highest  court.      (Ore.  II  18.) 

Electors  who  voted  in  incumbent's  district  at  preceding  election  for 

justice  of  highest  court.      (Nev.  II  9.) 
Signers  must  be  electors  and  petition  must  certify  that  signers  are 
citizens  of   United    States  and  voted   for   officer   to  be   recalled   if 
elected  or  for  officer  who  appointed  him  if  appointed,  at  last  pre- 
ceding  election    at    which     such   officer    was    elected.      (Kan.    IV 

4    (1914).) 


\     DlOE81 


RECALL  OF  PUBLIC  OFFICERS   (Cont'd) 
Who  May  Sign  Petition    (Com 
Qualification  presumed,  >• 

Manner  of  Signing  Petition 

Each   signer  to  add  date,  and  pla 

number,  if  in  town   or  city. 
Each  signer  to  add  place  of  i 
sueli  exist,  and  election  preeinct 
Genuineness  of  Signatube  Swobn   ro 

One  signer  of  each  sheet,  or  circulate 

Person  circulating  sheet   to  aubscribe  oath   01 

fully  made  and  subscribed,   to   be   perjurj    and   p 

Each  section  to  have  attached  affid 

stating  his  qualifications,   and   that    a 

his   presence  and    that    to   best   of    bis   km 

signature  is  genuine;   no  other  affidavit   to 

fied  free  of  charge  by   any  officer  authorised   to 

.    . 
Presumption  of  genuineness,  See  below,   this  tit!- 

Filing  of  Petition 
With  Whom 

Authority   for   calling  election's    in    -'    I 

visions.     (Kan    I\ 
Office   in   which   petitions   for   nomination    to 

cumbent  are  required  to  be  filed.      I  \ri/.   Vlll    I' 

XXI  1;  Nei    !' 
Officer    with    whom    petition    for    nomination 

nomination  to  office  is  filed  under 
Registrar  of  voters    (or  if  none,  clerk)    of  i 

county  in  which  petition  circulated.       Cal.  Will    1  i 

Time 

At  least  90  days  before  election.     I  Kan.  i 

Filing  of  Sections 

Each    section    filed   with    registrar   of    vot< 

clerk)    of  county  or  citj    and   count}    in   which 

sections   circulated    in    any    countj    or    .it. 

filed  at  same   time.      (Cal.    Will 

In   office   in   which   petition    for   nomination    f. 

cumbent  are  required  to  be  filed  \\l 

Examination  of  Sufficiency  oi    Petti 

Presumption  of  Sufficiency 

Petition  deemed  sufficient  if  it  ap] 

number    of    electors,    unless 

days  after  filing   (detailed  provisions) 

Presumption  of  Required  Number  of  Signatures 

Tnles-,    and    until    otherwise     proven 

I    I.) 


1246  State   Constitutions 


RECALL  OF  PUBLIC  OFFICERS    (Cont'd) 

Examination  of  Sufficiency  of  Petition    {Cont'd) 
Presumption  that  Signatures  are  Genuine 

Verified  petition  to  be  prima  facie  evidence.      (Cal.   XXI  IT    1.) 
Presumption  that  Signers  are  Qualified 

Verified  petition  to  be  prima  facie  evidence.      (Cal.  XXIII   1.) 
Cmless    protest    in    writing    within    15    days    after    tiling     (de- 
tailed provisions).      (Colo.  XXI  2.) 
Examination  of  Signatures 

Within  20  days  after  riling  of  petition  registrar  of  voters 
(or  if  none,  clerk)  to  finally  determine  from  registration 
records  what  number  of  qualified  electors  have  signed;  if 
necessary  board  of  supervisors  to  allow  additional  assistants 
and  provide  for  their  compensation.  (Cal.  XXTTI  1.) 
Legislature  to  prescribe  manner  of  verification  and  ascertain- 
ment  that   requisite   number    of    legally    qualified    voters   have 

signed.      (La,  223    (2)    1914.) 
Contest  as  to  Sufficiency 

Detailed  provisions  for  protest  in  writing,  summary  hearing  be- 
fore officer  with  whom  petition  filed,  with  court  review;  but 
no  contest  allowed  as  to  grounds  assigned   for   recall.      (Colo. 

XXI   2.) 
Amendment  of  Petition 

If  petition  not  sufficient   it  may  be  withdrawn  by  person   or  major- 
ity of  persons  representing  signers,  and,  within  15  days,  amended 
and  refiled  as  an  original  petition.      (Colo.  XXI  2.) 
Supplemental  Petition 

Within  40  days  from  transmission  of  petition  and  certificate  by 
registrar  of  voters  or  clerk  to  secretary  of  state,  supplemental 
petition,  identical  with  original  as  to  body,  but  containing  sup- 
plemental names,  may  be  filed  with  registrar  of  voters  (or  if 
none,  clerk)  ;  registrar  or  clerk  to  make  like  examination  as  in 
case  of  original  petition  within  10  days  after  filing,  and  to  forth- 
with attach  certificate  properly  dated  showing  result  of  examina- 
tion and  to  forthwith  transmit  supplemental  petition,  except  as 
to  signatures,  together  with  certificate,  to  secretary  of  state.      (Cal. 

XXIII  1.) 
Certification  of  Sufficiency  of  Petition 

Officer  with  whom  petition  filed,  to  make  certificate  of  its  sufficiency. 

(Colo.    XXI   2.) 
Registrar  of  voters    (or  if  none,  clerk)    upon   completion  or  examina- 
tion  of   signatures  forthwith   to  attach    to   petition,   his  certificate. 
properly    dated,    showing   result   and    tile   copy    in   his  office.      (Cal. 

XXIII   1.) 
Transmission  or  Petition  to  Secretary  of  State 

Registrar  of  voters  (or  if  none,  clerk)  to  transmit  petition,  except 
signatures  theretq;  to  secretary  of  state,  with  certificate  attached. 
When  secretary  of  state  has  received  from  one  or  more  county 
clerks  or  registrars  of  voters  petition  certified  to  have  been  signed 


\    Di.,1-1 


RECALL  OF  PUBLIC  OFFICERS 
Transmission  of  Petti  ton   ro  Si  i 

with   requisite   number  of   votei  -.    lie 
registrar  or  clerk  of  everj   '"iints 
tiftcatte  showing  such  fuel  .  oli 

Petition  defined   to  he   Bled    with 

qeipt    by   him   pf  eertificati 

signed  by  requisite  number  oi 
Submission  of  Petition  to  Govebnoh 
Officer  with  whom   petition   filtd,   if 

submit   it  to  governor,  together  with 

When  petition  certified  to  Secretary  ol 
niit   it,    with    certificate    oi     H 

[] 

Vai^M'Y     PENDING     KlCAI.I. 

Caused  by   resignation,  See  below,   (h 

Filled  as  provided  by  law.  but  appointee  to  hold  on 
of  person  elected  at  recall  election. 
Election 

When  Called 

Time,  of  holding;  See  below,  this 

Upon  receipt   h\    governor  of  petition  and 

ctency.  <  al.  Willi 
Within  30  days  after  filing  petition.  (Ran.  N  I 
If  incumbent  does  hoi  resign  within  fivi 

tion    election  to  be  called.      (Ariz.   VIII    Pi 

To  be   prescribed  by   legislatufi 
By  Whom  Called 

Office*  with  whom  petition  filed.     (Nev.  I1 

By  governor.      M  al.   X  X I !  I    1  :    I  bio     XXI    2  I 
To  j„.  prescribed  by  legislature. 
General  Election  Laws  to  Apply 

So  far  as  applicable      (Ariz.  VIII 
Provisions  for  holding, 

I  aiiing  of  election  and  determination  i  I 
In  submission  to  electors  of  petition,  all 
general    laws  oi    -i  ..•  i 

Notic,e,.l, i  i i-  •■-  ■'»>■ 

,,,,,,„,„„„„„  t„  -u,.   in  , 

■ 


1248  State  Constitutions 


RECALL  OF  PUBLIC  OFFICERS   (Cont'd) 

Election  (Cont'd) 

Notice  of   (Cont'd) 

Governor  to  make  or  cause  to  be  made  publication  of  notice  for 

holding  of  election.      (Cal.  XXIII  1;  Colo.  XXI  3.) 

Arrangements  for 

Made  by  officers  charged  by  law  with  duties  concerning  elections. 

(Cal.  XXIII  1;  Colo.  XXI  3.) 
Time  of  Holding 

May  be  either  general  or  special  election.      (Kan.  IV  3   (1914).) 
Special  election,  as  provided  by  general  election  laws.      (Wash. 

I  33.) 
Within  20  days  after  issuance  of  call.     (Nev.  II  9.) 
Not  less  than  20  and  not  more  than  30  days  after  calling.     ( Ariz. 

VIII  Pt.  I  3.) 

If    incumbent   does    not   resign    within    five   days   after    petition 

filed,   election  to  be   "  ordered  to  be  held  within  20  days ". 

(Ore.  II  18.) 
Fixed  by  governor,  not  less  than  30  nor  more  than  60  days 
from  date  of  submission  of  petition  to  him;  if  general 
election  to  be  held  within  90  days  after  date  of  submis- 
sion, recall  election  to  be  held  then.  (Colo.  XXI  2.) 
Fixed  by  governor,  not  less  than  60  nor  more  than  80  days  from 
date  of   certificate  of  sufficiency   of  petition  by  secretary  of 

state.      (Cal.  XXIII  1.) 
At  least  90  days  after  filing  of  petition.     (Kan.  IV  4  (1914).) 
At  any  election  fixed  by  legislature  at  least  three  months  but 
not  more  than  five  months  from  time  that  necessary  number 
of     petitioners    has     asked    for     recall     election.       (La.     223 

(2)    1914.) 
Effect  of  Resignation  of  Incumbent 

If  incumbent  resigns  at  any  time  subsequent  to  filing  of  petition, 
election   to   be   held   notwithstanding.      (Cal.   XXIII    1;    Colo. 

XXI  3.) 
If  incumbent  does  not  resign  within  five  days  after  filing  of  pe- 
tition, election  to  be  called.      (Ariz.  VIII  Pt.  I  3;  Nev.  II  9; 

,    Ore.  II  18.) 
If  incumbent  does  not  resign  within  five  days  after  sufficiency  of 

petition  is  sustained,  election  to  be  called.      (Colo.  XXI  3.) 
Filling  of  vacancy,  See  below,  this  title3  Resignation  Pending 

Recall. 
Conduct  of 

Governed   by    law    relating   to   general    elections.       (Kan.    IV    5 

(1914).) 

In  all  respects  as  in  case  of  general  elections.     (Colo.  XXI  3.) 

In  all  respects  as  other  state  elections.      (Cal.  XXIII  1.) 

Contents  of  Ballots 

Reasons  for  Recall 

As  set  forth  in  petition.      (Ariz.  VIII  Pt.  I  3;   Nev.  II  9.) 

In   not   more   than   200    words,     as    set    forth   in   petition. 

(Cal.  XXIII  1;   Colo.  XXI  3;  Ore.  II  18.) 


Inde3    Dig] 


RECALL  OF  PUBLIC  OFFICERS   [Cont'd) 
Election  (Cont'd) 

Contents  of  Ballots    (Cont'd) 
Incumbent's   Justification 

In   not  more  than  200   words.     (Aris.    \  III    , 

II 
In    not   more    than    300    words,    il 

Will    i     | 
Question    Stated 

Form   prescribed.     (Cal.   Win    i;   ,  ..-.      ■, 

5    (191 
Names  of  Candidates  to  Succeed 

To  appear  under  question  i,„    recall. 

Qualifications  of  Voters 

Electors    entitled    to    vote    fur    8u 

Will:     l  .|| 

Legal    voters    of   state   or   electoral    district    from    « 

.•I.    ■■ 
Electors  of  state  or   lesser  electoral   division   for   wl 

bent  elected  or  appointed.      (Kan.   IV   ;i    (1014 
Qualified  electors  of  state,  or  of  county,  district  <.r  muni 

from  which  incumbent   elected.     (SJev.    II 
Legal  voters  of  state  or  of  electoral  district   from  which 

benl  ele  •■  I  >re.  n 

Qualified    electors    of   electoral    district    from    which    incuml 
elected;   district   may   be   whole  Mate.      (Aria.   \III    Pt     I 
Legal  voters  of  state  or  political  subdivision  fr>.m  whicl 

elected. 
Qualified  voters  of  state  or  of  district,  judicial  • 
of  parish  or  ward  i  hereof,  or  of  municipality  or 

Returns 

In  all  respects  as  other  state  elections        I  al.   Will 
In  all  respects  as  in  case  of  general  electi< 
Result  determined  as  provided  by  general 

Canvassing  and  certifying  governed   by   law    relating    I 

elections.     I  Km    i  \ 
Result 

Majority  Necessary  for  Removal 

If    majority    voting   on    question    of    recall 

cumbent   to  continue   in   office;    if   "yes",   incuml 
moved.     (Cal.   Will    1;   Colo.   XXI 
If  majority  of  voters  participating  in  el< 

of  recall,  successor  to  qualify.       La. 
If  majority  voting  <>n  question   are  in   favoi   oi   recall 
cancv  to  exist  in  office,  to  be  filled  a-  prescribed 

i  Kan.    1\ 

40 


1250  State  Constitutions 

RECALL  OF  PUBLIC  OFFICERS    (Cont'd) 
Election   (Cont'd) 
Result   (Cont'd) 

Majority  Necessary  for  Removal    (Cont'd) 

Incumbent    removed    unless    lie    receives    highest    number    of 

votes.      (Ariz.   VIII   Pt.  I   4.) 

If  incumbent  does  not  receive  highest  number  of  votes,  not 

to  be  deemed  elected  for  remainder  of  term.      (Nev.  II  9; 

Ore.  II   18.) 
Result    determined    as    provided    in    general    election    laws. 

(Wash.    I    33.) 
Declaration   of 

In  all  respects  as  other  state  elections.      (Cal.  XXIII   1.) 
In  all  respects  as  in  case  of  general  election.      (Colo.  XXI  3.) 
Legislature   to    prescribe   manner    and   method   of    proclama- 
tion of  returns,      (La.  223    (2)    1914.) 
Resignation  Pending  Recall 
Allowed 

Incumbent   may   resign.      (Cal.   XXIII    1.) 

Resignation    to    be    accepted  'if    offered.      (Ariz.    VIII    Pt,    I    3; 

Colo.  XXI  3.) 
Same;    to  take  effect  on  day  offered.      (Nev.   II  9;    Ore.   II    18.) 
Effect  on  Election,  See.  above,   this   title,   Election. 
Vacancy  Caused  by 

Filled   as   prescribed  by   law.      (Ariz.   VIII   Pt.   I   3;    Nev.   II   9; 

Ore.  II   18.) 

Filled  as  provided  by  law,  but  appointee  to  hold  office  only  until 

qualifying   of   person   elected   at   recall    election.      (Cal.    XXIII 

1;   Colo.  XXI  3.) 
When  Removal  Takes   Effect 

On    qualification    of    successor;    if    successor    fails    to    qualify    within 
five   days  after   result   declared,   office   to   be  vacant   and   filled   as 
prescribed  by  law.      (Ariz.   VIII   Pt.   I   4.) 
On    qualification    of    successor;    if    successor    fails    to    qualify   within 
10  days  after  receiving  certificate  of  election,  office  to  be  deemed 
vacant  and  filled  according  to  law.      (Cal.  XXIII   1.) 
Same;    15   days.      (Colo.   XXI   3.) 
If   vote    in    favor   of    recall,    successor    to    qualify    immediately   a.'ter 

promulgation    of    returns   of   election.      (La.    223    (2)     1914.) 
If  vote  in  favor  of  recall,  "  vacancy  in  office  shall  exist,  to  be  filled 

as   authorized   by   law".      (Kan.    IV   5    (1914).) 
Incumbent    to    perform     duties     until     result    of    election    declared. 
(Ariz.  VIII  Pt.  I  3;   Nev.  II  9;   Ore.  II  18.) 
Expenses  of  Incumbent 

Laws    to   be   enacted    for    payment    by    public   treasury  of   reasonable 
special  election  campaign  expenses  of  incumbent.    (Ariz.  VIII  Pt. 

I    6;    Ore.    II    18.) 
If  incumbent  not  recalled,  to  be  repaid  from  state  treasury  amount 
legally  expended  by  him  as  expenses  of  such  election,  and  legisla- 
ture to  provide  appropriation  for  such  purpose.      (Cal.  XXIII   1.) 


I.MH  \    Di< 


RECALL  OF  PUBLIC  OFFICERS    (Qotrt'd) 
Expenses  of  J.mi\u;i.m    (Cont'd) 

If  imunbent   no,    ,,,,,,  1  —  1.   ,„   ,,,    ,,,,„!    ,,,„ 
author,*-.!  by   law  and  actuallj    expended  .,    him  ..  ex, 
such  election,  and   legislature  bo  i ...  appropriation  I 

Successor  Elected  at   Same    BeectJon 
Nominations 

IT/io  Mrfi/    Vomihate 

Electors  qualified  to  vote  al   recall  election,  equal  to  I 
cent,  of  total  number  of  votes  cast  al  laal  ,,,. 
tion  for  all  candidates   for  ofl 

Will    l   | 
Legislature   to   provide   by    law    lion    candidate*    „,, 
names   placed  on   ballotj   In    petition   signed   bj    quali 
voters  to  number  pf  not   less  than  25     ■ 
number  of  registered  voters  qualified  to  i 
ceding  general   election   for  office  occupied   U    iocuml 

I  I 
Candidates  may  be  nominated  by  petitioi  *    pr..\ , 

bj    law.       I    lo.  XXI 
Filing  of  Petition  for 

With  secretary  of  state  nol   less  than  ir>  days  b  ill 

election.     (Cal.  Will 
In  office  in  which  petitions  for  nomination  to  offlo 
quired  by  law  to  be  filed,  nol    less  than    15  daj 
recall  election.      (Colo.   XXI    :f.) 
Incumbent  as  Candidate 

May 'he  candidate.      (Nev.   II   9;   Ore.   II    18 

Name  to  be  placed  on  ballot  without   nomination,  un 

otherwise  requests  in  writing.      (Aria.   \  III    I't     I 
Not  to  be  candidate.     (La.  223  (2)    1" 
Name    not    to    appear    on    ballot.      (Cal.     Will     I 

\\l 
Voters  Must  Vote  on  Question  of  Recall 

No  vote  for  successor  counted  unless  voter  voted  on  question  "f 
recall  of  incumbent.     (Cal.  XXIII    1;   Cola   WI   S;    I  i 

Canvass  and  Declaration  of  Result 

Canvassers  to  canvass  all  votes   for  candidates  and 

suit  in  like  manner  as  in  regular  election.     (Cal    Will    1  | 
Successor  Elected  if  Incumbent  Recalled 

If   incumbent    recalled,    candidate    receiving    highest    un- 
votes to   be  declared   elected    for    remainder   of   term       (<   <l 

XXIII  l 
Same;   certificate  of  election    forthwith   issued   to   bin 

vassjng  board.     (Colo.    XXI    3.) 
Candidate    receiving    highest    number    of    votea    to    I 
elected  for  remainder  of  term.     (Aria.  \M    i't.   I    i 


1252  State  Constitutions 


RECALL  OF  PUBLIC  OFFICERS    (Cont'd) 

Successor  Elected  at  Same  Election   (Cont'd) 

Successor  Elected  if  Incumbent  Recalled   (Cont'd) 

Voters  may  express  first  choice  and  second  choice  and  candi- 
date who  is  first  choice  of  greatest  number  of  voters  shall  be 
declared  to  be  elected  if  incumbent  recalled,  and  shall  qualify 
immediately   after   promulgation   of   returns   of   election.      (La. 

223    (2)     1914.) 

Candidate  receiving  highest  number  of  votes  to  be  deemed  elected 

for  remainder  of  term,  whether  incumbent  or  another.      (Nev. 

II   9;    Ore.   II    18.) 
Failure  of  Successor  to  Qualify 

If  not  within  five  days  after  result  declared,  office  to  be  vacant 

and  filled  as  prescribed  by  law.      (Ariz.  VIII  Pt.  I  4.) 

If  not  within  10  days  after  receiving  certificate  of  election,  office 

deemed  vacant  and   filled  according  to  law.      (Cal.  XXIII   1.) 

Same j   15  days.     (Colo.  XXI  3.) 

Governor's  Duties 

If  governor  sought  to  be  recalled,  his  duties  as  to  recall  procedure 

performed  by  lieutenant-governor.      (Cal.  XXIII   1;   Colo.  XXI  4.) 

Secretary  of  State's  Duties 

If   secretary  of   state   sought   to  be   recalled,   his   duties   as   to  recall 

procedure    performed   by    comptroller.      (Cal.    XXIII    1.) 

Same;  by  auditor,  instead  of  comptroller.      (Colo.  XXI  4.) 

When   Proceedings  Deemed  Pending 

From   date   of   filing   of   petition   with   registrar   of   voters   or   clerk, 

of  county,  or  city  and  county.      (Cal.  XXIII  1.) 

Recall  of  Local  Officers 

Recall   also   exercised   by   electors   of  each   county,   city  and   county, 

city  and   town  of   state  witli   reference  to  elective  officers   thereof 

under    procedure    provided    by    law.      Until    otherwise    provided   by 

law    legislative    body    of    such    county,    city   and   county,    city    and 

town    may    provide    for    manner    of    exercising    such    powers,    but 

shall  not  require  petition  to  be  signed  by  electors  more  in.  number 

than  25  per  cent,  of  entire  vote  cast  at  last  preceding  election,  as 

in   section   1   more   particularly  set  forth,   for   candidates  for  office 

occupied    by    incumbent,    as    hereinabove    defined.       (»S'ee    Colorado 

entry   under  subhead  above,   this   title,   "  Number  of   Signatures 

■ 

Required  on  Petition".)  (Colo.  XXI  4.) 
Recall  also  exercised  by  electors  of  each  county,  city  and  county, 
city  and  town  of  state,  with  reference  to  elective  officers  thereof 
under  procedure  provided  by  laAv.  Until  otherwise  provided  by  law 
legislative  body  of  any  such  county,  city  and  county,  city  or  town 
may  provide  for  manner  of  exercising  such  powers,  but  shall  not 
require  petition  to  be  signed  by  electors  more  in  number  than 
25  per  cent,  of  entire  vote  cast  at  last  preceding  election  for  all 
candidates  for  office  which  incumbent  sought  to  be  removed  occu- 
pies. Nothing  herein  contained  construed  as  affecting  or  limiting 
present  or  future  powers  of  cities  or  counties  or  cities  and 
counties  having  charters  adopted  under  authority  given  by  con- 
stitution.    (Cal.  XXIII  1.) 


I  M  •  I .  \      I  )  I .  . 


RECALL  OF  PUBLIC  OFFICERS   [Cont'd] 
Recall  of  Local  Officebs  (Cont'd) 

Recall  of  county  and  municipal  officer*  and 
pensation  paid  by  city  and  eottiit)  ol 
of  superior  court »  may  be  provided  fbi  In 
In  Louisiana  same  as  for  other  offi 
Legislation  to  Enioiuk 

"Laws  shall  be  parsed".     (Mich.   Ill 
Legislature  to  pass  necessary  law-.     (Ida.  \  I 
Necessary  laws  to  be  enacted,  including  p 

of  campaign   expenses  of   incumbent  \lll    n.    i 

11 
Laws    to    provide    such    additional    legislati 

of  constii  ll 
Same;   but  words  "Legislative   Assembly    Bhall    \ 

construed  to  grant  to  legislature  exclusive  power  of  la* 
nor    in   any    way    to    limit   initiative   and    referendum 

ved   by  peo| 
Legislature  to  pass  laws  iiceessarj   to  carrj   out   pi 
and   to  facilitate  its'  operation  and   elTecl    without 
shall  not  grant  to  legislature  any    exclusive  p 
nor  in  any  way   limit   initiative  and   referendum 

by  people     (Wart    I 
Article    to    be    self-executing,    but    legislation    1 1 1 . i  \     be 
facilitate  its  operation,  but   in  no  way   limit  it 
visions  of  article  or   powers  "herein   resei  ■   Will    I. 

CXI    t 
RECLAMATION  DISTRICTS 

Legislature  to  have  power  to  provide  bj    law   for  supervi 
and  conduct,  in  such   manner  as  it    may  determine,  of  a 
mation   districts   organized   or   existing   under   an) 

REGISTERS  OF  PROBATE,  s<,    Com, is       Pbobatb  C0UBT8. 
REGISTERS  OF  WILLS,   gfee  Cotjbts. 

RELIGION 

Aid  to  by  Mi-mc-ii-autiks.  See  "Cities"  "  Mi     «  .runn* 

Appropriations 

For  state  aid  to  sectarian  schools,  See  o        I 

I  S  H 

No  law  to  be  enacted  granting  donation  or  gratuitj 

purpose  or  use  "■     I  Miw    l\    i 

No    money   to   be   drawn    from    treasury    for 

theological    institution,      find.    I    6;    Ore     I 
"No  money   to  be  appropriated  pr  drawn   I 

of  any  sect  or  religious  societj    "•     I  rex  (7.) 
No  money  ever  t..  he  take,  from  public  tr. 

in  aid  of  church,  sect  or   religious  deno.nin« 

tution. 


1254  State  Constitutions 


RELIGION    (Cont'd) 

Appropriations    (Cont'd) 

No  state  money  to  be  given  or  appropriated  for  benefit  of  sectarian 
or   religious  society  or  institution.      (S.D.  VI   3.) 

No  money   to  be   drawn  from   treasury  for   benefit  religious  sect  or 

society.      (Mich.   II  3.) 

For  charitable,  educational  or  benevolent  purpose  to  any  denomina- 
tional   or    sectarian    institution,    corporation    or    association,    for- 
bidden.     (Pa.  Ill  18.) 

"  No  money  shall  ever  be  taken  from  the  public  treasury  directly 
or  indirectly  in  aid  of  any  church,  sect  or  denomination  of  re- 
ligion, or  in  aid  of  any  priest,  preacher,  minister  or  teacher 
thereof   as    such".      (La.    53;    Mo.    II    7.) 

Forbidden  to  "  any  denominational  or  sectarian  institution  or  asso- 
ciation ",  or   to   any   sectarian  or   religious   society  or   institution. 

(Wyo.  I  19,  III  30.) 

No  public  money  to  be  appropriated  or  applied  to  religious  worship, 
exercise  or  instruction,  or  support  religious  establishment;  but 
not  to  be  construed  to  forbid  employment  by  state  of  chaplain  for 
penitentiary  and  such  state  reformatories  as  to  the  legislature 
seem  justified.      (Wash.   Ill,  Amend.  4.) 

No  appropriation  of  public  money  to  be  made  for  any  church  or  for 
any  religious  worship,  exercise  or  instruction,  or  for  the  support 
of  any  religious  establishment.      (Ariz.  IX  10,  II   12.) 

No  money  to  be  drawn  from  treasury  for  benefit  of  religious  societies. 

(Minn.  I  16;  Wis.  I  18.) 

To  denominational  or  sectarian  institution  or  association  forbidden. 

(Mont.  V  35;  Colo.  V  34.) 

No  money  to  be  taken  from  public  treasury  in  aid  of  church,  sect 
or  denomination  or  any  sectarian  institution.      (Ga.  I  Sec.  I   14.) 

Neither  legislature  nor  counties,  cities,  towns,  school  districts  and 
other  public  corporations  to  make  any  appropriation,  or  pay  from 
any  public  funds,  to  or  in  aid  of  any  church  or  literary  or  scien- 
tific   institution    wholly   or    partly    controlled   by  any   church,   sect 

or  denomination.      (Mont.  XI  8.) 

Legislature  not  to  make  appropriation  of  public  funds  to  any 
church  or  sectarian  society  or  institution  of  any  kind  which  is 
partly  or  wholly  controlled  by  any  church  or  sectarian  society; 
but  this  does  not  prevent  legislature  authorizing  counties,  cities 
or  towns  to  make  appropriations  for  charitable  purposes  to  any 
charitable  institution  or  association.      (Va.  IV  67.) 

Legislature  not  to  make  appropriation  or  pay  from  any  public  fund 
or  grant  anything  to  or  in  aid  of  religious  sect,  church,  creed  or 
sectarian  purpose  to  support  or  sustain  any  institution  con- 
trolled by  any  religious  creed,  church  or  sectarian  denomination; 
but  this  does  not  prevent  legislature  granting  aid  to  institution 
for  the  support  and  maintenance  of  dependent  children  and 
indigent  aged  persons  authorized  by  constitution.      (Cal.  IV  30.) 


I.MM.X      l>l«.|-l 


RELIGION   {Cont'd) 

Appbopbiations    (Cont'd) 

No  public  money   to  be  appropri  ,,i„.,|.  „       ■ 

the  benefit   or  support   of  a,,;. 
tern  ol    religion  or  of  an3    priest,   , 
hgious    teacher    or    dignitari 

"     ,  ...  11 

lrolu-.it,.,]  for  any  religious  frorahips 

support  of  epclesiastieal  establishment,  i    i 

Xo  public-  funds,  -i  ..,•.  count)  or  uiuaidp. 

pm 

Chaplains  in  Penitent]  akiks 

8m  Penal   Ixsnn  n,,\  —  P8]  0  Omcffl 

6e$     PENAL    IXSTITI   Tlu\s  —  ()KJ'|<  I  !;-,    ,,|. 

Freedom  of  Opinion  and  Conscience 

<SVc   also    Inline,    this    title.    RELIGIOUS    TEST, 

Scruples   against    bearing    arms',    Sea    Militia 

All  men  free  to  profess  and  In  arguments  to  mail  I 

ions.      I  R.I.    I    :;     \\  \       [i] 
All  persons  entitled  to  protection  in  religious  libes 
Magistrates  not  to  control  conscience,     |  D.I.   I    l 
Liberty  of  conscience  in  all  matters  of  religious 

II  i 
Conscience  not  to  be  controlled.     (Ark.  U  24;  Gs    i   i 

3;    Kan.  B-.R,   7:    Ky.  5j    -Minn.   I    Hi:    M,,.    ||    . 

7;  Ore.  I  3;  Pa.  1  3;  SB.  VI  3;  Tenn.   I  \\  it 

Rights  of  conscience  never  t<>  be  in t ri n-. .1.       Utah  1 
Rights   of  conscience   inalienable.      i.N.li.    1     i.i 
Toleration  of  religious  sentiments  secured.      (Okla.    I 
Civil  capacity  not  to  be  diminished,  enlarged  oi 

religious  opinion.      (  II. I.  I  3j    WVa.   Ill 
Xo  person  to  be  denied  the  enjoyment  "I"  anj   <\\)\  ■; 

account  of  religions  principles.      (N.J.  1    I.) 
Xo  man  to  be  deprived  oi  any  rivil  ri^bi 

Xo  person  to  be  deprived  of  any  of  his  rigl  ' 

ties,  or  disqualified  from  the  performan  ■< 

private  duties,  because  of  religious  epinii 
Civil  rights,  privileges  and  capacities  of  anj  citizen  n..t 

manner  affected  by  bis  religious  prii 
Xo  person  to  be  denied  any  civil  right  or  pri 

religions  opinions.      (Mont.    Ill     1 :    VM.    II    II.) 
Civil  rights,  privileges  or  capacities,  not   t..  be  dei 

ligioiis  opinion-.      (■Colo;   1 1    t;    Ida   I    I;    III.   II 
Civil  rights,  privileges  or  caj 

away;  or  in  any   «dse  diminished 

religious  beliefs.      (Ky.  •"> :    Mich*.   II 


]256  State  Constitutions 


RELIGION   (Cont'd) 

Freedom  of  Opinion  and  Conscience   (Cont'd) 

No  person  to  be  denied  any  civil  right,  privilege  or  position  on  ac- 
count of  his  religious  opinions.      (S.D.  VI  3.) 
No  person   to  be  denied  any   political   right  or   privilege  on  account 

of  his  religious  opinions.      (Mont.  Ill  4;   N.M.  II   11.) 
Political  rights,  privileges  or  capacities  not  to  be  denied  because  of 

religious  opinions.      (Colo.  II  4;   Ida.  I  4;   111.  II  3.) 
No  person  to  be  denied  any  political  right,  privilege  or  position  on 

account  of  his  religious  opinions.      (S.D.  VI   3.) 
No  person  to  be  molested  in  person  or  property  because  of  religion. 

(Wash.  I   11.) 

No   person   molested   in   body,   person   or   goods  because   of   religious 

opinions.      (Ga.  I   Sec.  I   13;   Md.   D.R.  30;    N.M.  II   11;    R.I.  I  3; 

W.Va.   Ill    15.) 
No  person  molested  in  person  or  estate  on  account  of  religious  per- 
suasion or  profession.      (Mo.  II  5.) 
No   person   molested   in    body,   person   or   goods   because   of   religious 
opinions,  unless  he  disturbs  peace  or  rights  of  others.      (Md.  D.R. 

36;  Mass.  Pt.  I  2;  N.H.  I  5.) 
No  person  to  be  hurt,  molested  or  restrained  in  person,  liberty  or 
estate  for  religious  professions  or  sentiments,  if  he  does  not  dis- 
turb public  peace  or  religious  worship  of  others.  (Me.  I  3.) 
Perfect  toleration  of  religious  sentiment  to  be  secured;  provision 
not  to  be  changed  except  by  consent  of  United  States.  (Ariz.  XX; 
Ida.  XXI   19;   N.M.  XXI   1;   N.D.  XVI  203;   S.D.  XXVI   18;   Utah 

III  1;  Wash.  XXVI;  Wyo.  XXI  2). 
No  person  in  time  of  peace,  required  to  perform  any  public  service 
on  day  set  apart  as  rest  day  by  his  religion.      (Tenn.  XI  15.) 
Freedom  of  Worship 

No  person  compelled  to  attend  place  of  worship.  (Ala.  I  3;  Colo. 
II  4;  Del.  I  1;  Kla.  D.R.  5;  Ida.  I  4;  111.  II  3;  Ind.  I  4;  Iowa 
I  3;  Kan.  B.R.  7;  Ky.  5;  Md.  D.R,  30;  Minn.  I  10;  Mo.  11  6; 
Mont.  Ill  4;  Nebr.  I  4;  N.J.  I  3;  N.M.  II  11;  Ohio  I  7 ;  Pa. 
I  3;    R.I.  I   3;    S.D.  VI  3;    Tenn.   I   3;    Tex.   I   6;    Vt,   I  3;    W.Va. 

Ill  15;   Wis.  I   IS.) 
Civil   rights   not  to  be  denied  because  of  peculiar  mode  of  worship. 

(Vt.  I  3.) 

No   person   molested  on  account  of   religious  worship.      (Okla.   I   2.) 

No    person    molested    on    account    of    religious    worship,    provided    he 

does    not    disturb    peace    or    rights    of    others.      (Mass.    Pt.    I    2; 

N.H.   I   5.) 
Magistrates  not  to  interfere  with  free  exercise  of  religious  worship. 

(Del.   I    1.) 
No    authority    to    interfere    with    free    exercise    of    religious    worship. 

(Vt.   I   3.) 

Free    exercise    of    religious    worship   without   discrimination    secured. 

(Cal.  I  4;    Colo.   II  4;   Conn.  I  3;   111.  II  3;    Ind.  I  3;   Iowa  I  3; 

Kan.  B.R.  7;   Me.  I  3;  N.Y.  I  3;   N.D.  I  4;   Ore.  I  3;   S.C.   I  4; 

Va.  I  16;  Wyo.  I  18.) 


I\l>!\      l>|,. I      i 


RELIGION   {Cont'd) 

Freedom  of  Worship   {Cont'd) 

Legislature  to  pass  laws  to  protecl  squall 
tion  in  its  mode  of  worship.     (Tex.  I 

All   persons   may   worship   God    according   to   dj  I 
science.     (Ark.  11  24;    Del.   Preamble;    Fla.    D.U 
12;    Ida.   I   4;    111.   II   3;    I  ml.    I    2;    K.v.    1 
D.R.   3G;    Mich.    II    3;    Minn.    1    hi;    m,....    HI    |fl      \,.      [| 
I   4;    Nev.   I   4;   N.H.    1    5;    N..I.    I    3 ,    H.M.    II 
Ohio  I  7;   Okla.  I  2;  Ore,  1   2;    Pa,    [  8;  R.L  I 
Tenn.  I  3;  Tex.  I  6;  Utah  I   1;   Vt.  I   :;.   WU    I 

No  person  to  be  molested  in  person    u    pi 
of  religious  Worship;   provision   not   to  bi 
sent  of  United  States.      (Ida.  XX]    19;    \  I ».   \\  I 

18; 

No  inhabitant  of  state  to  be  molested  in  person  <>r  pi 
of   mode   of   religious    worship.     Polygamous    or    plural 
and  polygamous  cohabitation  forever  prohibited;   pi 
be  changed  except  by  consent  of  I  sited  States.         kril 

No   inhabitant  of   state   to  be    molested    in    person 

account  of  mode  of  religious  worship;   but    polygsnioua  oi    ; 
marriages   forever    prohibited.     Provisions    no!    to    lw 
cept  by  consent  of  United   States.     (Utah    Ml 

Gifts  to  State  for  Religious  Purposi 

State   not   to    accept    property    to    be    used    I 

ir.   \  I II    II;   ^  l>    \  III 

Grants  of  Public  Property  Forbidden 
See  Public  Property  —  Grams. 
See  Public  Property  —  Gka.ms   fob   Religious   Pubfos 

Limitations  on  Religiois  Libert! 

All    persons    should    worship    Supreme    Being.         M  •--     I'' 
All   persons  should  assemble  for   pnhlie   worship.      (Del     1    I  ' 
All  persons  should  practice  Christian  forbearance,  lovs  and 

Not  construed  as  justifying  exclusion  "f   Bible  from   pul 

Not  to  justify  bigamous  or  polygamous  practice!      (Ids    I    I 

III 

Not    construed    to    permit    any    person    Of    organ il 
or  counsel  bigamy,  polygamy  <>r  rqj   other  crime. 

Not  construed  to  dispense  with  ";<'ii-  ■•■  affirmations 

Colo    II  4:  Ida.  I  4;   111.  11  3;   Mont  III  4;  Nebr.  I  4  17; 

I 

Not  to  excuse  acts  of  licentiousness  ot  justify  pra 
with   peace  of  state.      (Ariz.    II   12;    Cal.    I     I 
I  3;  Fla.  D.R.  5;  Ga,  1  Sec.   I    18;    Ida,   [  4;  III.  1  1 

Minn.    I    16;    Miss.    Ill    18;    Mo.    U    5;    Mont    HI    li    M*     <    '• 
NY.   I  3;   N.D.   I   4;    SJ>.   VI    S;    Wash,    I  11;    Wyo    I 


1258  State  Constitutions 


RELIGION    (Cont'd) 

Property  Devoted  to 

See  also  below,  this  title,  Religious  Corporations. 
Taxation,   See  Taxation  —  Exemptions  —  Religion,   Property   De- 
voted to. 
Sale    of   church    property    not   to    be    regulated   by    local    and    special 

laws.      (VV.Ya.    VI    39.) 

General    laws  to   be  passed  to   secure   title  to  cliurcb   property;    also 

sale  and  transfer   "  so   that   it    shall   be   held,   used   or   transferred 

.       for  purposes  of  such  church   or   religious  denomination".      (W.Va. 

VI  47.) 
Religious  Corporations 

See  also  beloic,  this  title,  Religious  Societies. 
Religious    societies    not    to   be   incorporated.      (W.Va.    VI    47.) 
Religious   societies  not  to  be  incorporated  or   their  charter   amended 
or  extended  by  local  or  special  laws  unless  under  control  of  state. 

(S.C.    Ill    34.) 

None   can    be   established    in    state    except   as    created    under   general 

law   for   the  purpose  of   holding  title  to   real   estate  prescribed   by 

law   for   churches,   parsonages   and   cemeteries.      (Mo.   II   8.) 

Legislature   not   to    incorporate   denominations   but   may   secure   title 

to    church    property    to    an    extent    to    be    limited    by    law.      (Va. 

IV  59.) 
Title  to  property  of  religious  corporations  to  vest  in  trustee  elected 

by   members   of   corporation.      (Kan.    XII    3.) 
Members  not   individually   liable   for   dues    from  corporation.      (Kan. 

XII  2.) 
Exempted  from  provision  that  all  corporations  must  have  place  of 
business  in  state.      (Cal.  XII   14  S.C.  IX  4.) 
Religious  Societies 

See  also  above,  this  title,  Religious  Corporations. 
Appropriations,    See  above,   this   ti4le,   Appropriations. 
Bequests 

Every  bequest  of  personal  property  or  money  in  favor  of  religious 
corporation  or  society  for  its  own  use  or  for  charitable  uses, 
to  be  null  and  void ;  distributees  to  take  as  if  no  testamentary 
disposition  had  been  made.  (Miss.  270.) 
Bequest  of  any  estate  in  land  or  of  money  directed  to  be  raised 
by  sale  of  land  to  any  religious  corporation,  sole  or  aggregate, 
or  to  any  person  as  trustee,  express  or  implied,  for  the  use 
or  benefit  of  such  religious  corporation,  society  or  association, 
or  for  the  purpose  of  being  appropriated  to  charitable  use,  to 
be  null  and  void;  heir  of  law  to  take.  (Miss.  209.) 
Duty 

Religious  denominations  enjoined  to  keep  Lord's  day  and  main- 
tain religious  worship.      (Vt.  I  3.) 
Equality 

No  subordination   of  one  denomination  to   another.      (Me.   I   3; 

Mass.  Amend.  XI;  N.H.  I  6.) 


tm>m   1  )\> 


RELIGION   [Cont'd) 

Religious  Societies   (Cont'd) 
Equality    iCortfd) 

Xo  preference  to  be  given  an 

3;   Ark.   ||   24;   Colo.   II    i;   i  onn.    I  [   1,   ] 

(i-   Wa.  I  4;   111.  ||  ;;;   hl(|.  |  4;  Kan.  BJ 
Mfc   i   -;   Minn.  I    16;   Mi88i  M,    ,s     Ml,    ,, 

M".     I      •;     -\'..M.    II     11;    OblO    I     7;    S.I).    \   I 

I     ' 

Xo  preference  to  be  given  anj    mode  a| 
1  '"!"•   II   4;   Cotfos   I    1;    I'h.   D.R.  6;    I 
I   4;    Ky.   5;    Minn.    I    |ii;    Mi_.    |||    |g 
SiD.    VI    :i;     1 1 -i 1 1 1 .    1    3;    Tex.    I    tt;    W  i       I     i  - 

No  peculiar  privileges  bo  be  eonferred  on  m 

in.  iii.  ib.     i  \\  \ .,    mi 

No  preference1  to  be  given  to  arrjl  religion*  .   I 

I 
Any   denomination   of   cliri-.ii.in-    demeaning 

under   equal    protflction    of    law.      (N.Hi    I    I 
All    religious    sects    and    denomination!    demeaning 
peaceably   and   a-  good   citizens,  equally   unoV 

law.     (Mhm 
Rights 

Rights,    iimminities,    privileged   <Jr   estatet    of  reli 
and  corporate  bod&e"  to  remain  aa  il  i  mM     ninn 

Religious  denominations  to  !>.■  protected  in  i-nj<iyiiu»nl 

worship.     <Aik.   1 1   -'•">:   Nebr.   I   4;   Ohio   I    J 
Religious    denominations    to    have    i  i - li t    tn    •  -i.    I 

teachers  and  contract  with  them  for  tli.ir  support        \U 
Encouraged  and  protected  in  enjoyment  >.i  privih 
and  estates  which  in  justice  ought  to  enjoj    u 

of  legislator 
Religious  Test 

For  public  office,  See  Public  Officers      Qi  u  hi.  moita   tm> 

.^i  turn  i 

For  jurors.   See  JURIES. 

For   roi'uui.   8e(    Elections ~ Qualifications    on    i>> 

il"- 

Xo   religious   fees!    to   be   required    Bar   esei 

right*.       OkU     I 

Xo  religious  test  for  teachers  or  student*  in  tmbl* 
educational   irtstittiutions  of  the  State,     i  \",     \  I 
IX   8;    Ida.   IX  6;    limit.    \  I    !•:    KM.    Ml    "•     I  '.<'     X 

\  II 

Religious  tests  to  sue,   plead,  appeal  or   pursue   pi 

i.lovnient  or  any   religious  ted   fchateret   prol  '" 

1     '  II. 

Schools,  Sectarian    [NPLUENCE  in.  8*    Eou<  mow 
—  Sectarian    INSTRUCTION    am.  CoNTROJ     PwUl»m« 


1260  State  Constitutions 


RELIGION   (Cont'd) 

State  Establishment 

No   religion   to   be   established  by  law.      (Ala.   I   3;    Iowa   I   3;    La. 

4;  S.C.  I  4;  Utah  I  4.) 
No  person  compelled  to  support  any  mode  of  worship.  (Ohio  I  7.) 
No  person  compelled  to  support  any  religious  denomination.      (Ala. 

I  3;  Ark.  II  24;  Kan.  B.R.  7;  Mich.  II  3;  N.M.  II  11.) 
No  person  compelled  to  support  place  of  worship.  (Ark.  II  24 
Colo.  II  4;  Del.  I  1;  Ida.  I  4;  111.  II  3;  Ind.  I  4;  Iowa  I  3 
Ky.  5;  Md.  D.R.  36;  Minn.  I  10;  Mo.  II  G;  Nebr.  I  4;  N.J.  I  3 
Ohio  I  7;  Pa.  I  3;  R.I.  I  3;  S.D.  VI  3;  Tenn.  I  3;  Tex.  I  6 
Vt.  I  3;  W.Va.  Ill  15;  Wis.  I  18.) 
No   religious   denomination   to   be   authorized   to   tax   for   support   of 

place  of   worship   or  ministry.      (W.Va.   Ill    15.) 
No  person  compelled  to  support  minister.      (Ark.  II  24;  Colo.  II  4 
Ida.   I  4;    111.   II   3;    Ind.   I  4;    Iowa  I  3;   Ky.   5;   Md.   D.R.   36 
Minn.  I  16;  Mo.  II  6;  Mont.  Ill  4;  N.J.  I  3;   Pa.  I  3;  R.I.  I  3 
S.D.  VI  3;  Tenn.  I  3;  Tex.  I  6;  Vt.  I  3;  W.Va.  Ill  15;  Wis,  I  18.) 
No  person  compelled  to  pay  tithes.      (Ida.  I  4.) 

People  may  authorize  legislature  and  towns,  at  people's  expense,  to 
support  Protestant  teachers;   but  no  person  of  one  religious  sect 
compelled   to   support   teacher   of   another   sect.      (N.H.    I   6.) 
No   church    to   dominate    state    or    interfere   with    its    functions,    no 
union  of  church  and  state.      (Utah  I  4.) 
REMISSION  OF  FINES,  PENALTIES  AND  FORFEITURES,  See  Crimes. 
REPRLEVES,  See  Crimes. 
REPUTATION 

Right  to  protect,  See  Life,  Liberty  and  Property  —  Right  to. 
Injury  to,  See  Libel  and  Slander. 
RESIDENCE 

As  qualification  for  office,  See  Public  Officers,  and  particular  officers 

and  classes  of  officers. 
As  qualification  to  vote,  See  Elections. 

Absence  on  business  of  state  or  United  States  shall  not  cause  forfeiture. 

(Ind.  II  4.) 
Absence  on  business  of  state  or  of  United  States  not  to  affect  question  of 

residence  of  any  person.     (Cal.  XX  12.) 
Absence  on  business  of  state,  United  States  or  on  necessary  private  busi- 
ness shall  not  cause  a  forfeiture  of.      (Ark.  XIX  7.) 
Temporary  absence  from  state  shall  not  cause  a  forfeiture  of.      (Ala.   I 

31;  S.C.  I  12.) 
No  person  deemed  to  have  acquired  or  lost  residence  by  reason  of  presence 
or  absence  while  employed  in  service  of  United  States  or  of  state,  nor 
while  student  at  any  school.  (N.M.  VII  4.) 
Not  acquired  by  soldier,  sailor  or  marine  in  the  military  or  naval  service 
of  the  United  States  by  reason  of  being  stationed  on  duty  in  this 
state.  (Ariz.  VII  6;  Ark.  Ill  7;  Iowa  II  4;  La.  175;  Mich.  Ill  3; 
Minn.  VII  4;  Mont.  IX  6;  Nebr.  VII  4;  N.M.  VII  4;  N.D.  V  126;  Ohio 

V  5;  S.D.  VII  7;  Wyo.  VI  8.) 
Same;   adds  "or  her   allies"  after  "United   States".      (Ore.   II  5.) 


I  m»i\   Dig]  »i 


RETROSPECTIVE  LAWS 

Pertaining  to  crime,  See  Ex  Posi    I  •  \.  i<>  l.x 
Prohibited.      (Colo.  ]I   H;   '| ',.,,„.   |    jU;    |,N     ,    ;, 
No  retrospective  laws  should  1.,  mad 

or   punishment   of   offense*      (N.ll.    I    23.) 
Legislature  to  pass  no  law  for  benefit  of  railroa 
or  any   individuals,   retrospective   in    >t- 
upon  people  of  any  county  or   municipal 
liability  in  respect  to  transactions  or  i  onsidi 
XV   12;    Ida.  XI    12:    Mo.    XII    L9;    Mont.    W 
Legislature  to  have  no  power  to  pa-  retroactive  i 
laws,  authorize  courts  to  cany  into  effect,  upon 
and  equitable,  the  manifest  intention  of  parti<    .  and 
omissions,  defects  and  errors,  in  instruments  and  pi 
out  of  their  want  of  conformity  with  law 
RIVERS,  See  Watebs. 
ROADS 

County  Roads 

See  Counties  —  Roads  ami  Bridges. 
See  Counties  —  Supebyisobs —  Powebs  am.  Duties. 
See  Counties  —  Miscellaneous  Office] 
Chaetering  ok  Licensing 

No  special,  private  or  local  law  to  be  passed.      (Ala,    1\     104 

1\    go;   I  .la.  Ill   Lfl 
No  local  or  special  laws  to  be  passed  for  toll  roi 

.x.M.  1\    24;   \  I'    II  I 
Legislature  not  to  pass  any  special,   private    ■•:    lo  al    la 
to   any   person,  corporation   or  association   the   ri^-l.t    I 

-. 
Convict  Labor  on,  Sec  Convict  Laiiok. 
Department  of  Highways 

To  be  established  by  the  legislature.      (<»kla.  \\  1    l.i 
Eminent  Domain  for,  Sec  K.mimm'   Domain. 
Excess  Condemnation,  See  Kmim.m    Domaih 
Grants  by  Congress 

State  accepts  reservation  and  lands  for  public  h 
any   grant,    agreement,    treaty    or    a.  t    of 
vested  rights  of  anv  tribe,  allottee  or  other  person  in 

la   xvi 

Laborers  on,  See  Labor. 

Labor  on    Kiirnox    Day.   See    ELECTIONS    -Pbivile. 
Private  Roai.s,  fife.    Kmim.m    DOMAIH       PBIVATI    PUHPO 
Public  Highways 

Telegraph  lines  as,  See  TELBGBAPB   COMPANIES. 

Canals  as,  See  (  anais. 

Navigable    waters    as,    See    WA*EBS        NaVIOAI 

Railroads  as.  See   Bad  BOADB. 

Turnpikes  as,  See  below,  this  title,  Toll  Roam. 
Public  Utilities  in.  See  the  tubhead  Public  I  nurii 
"       "Boroughs",  "Ci  ins-,  -.M<m<  !.•  vn  ii 


1262  State  Consthttioxs 


ROADS    {Cont'd) 

Road  and  Turnpike  Companies 

Legislature  may  not  authorize  companies  or  persons  to  own  and 
operate  roads  or  turnpikes,  or  to  affect  toll-gates,  or  regulate  tolls, 

by  local  or  special  laws.      (Ky.  59.) 

Legislature  to  correct  abuses,  prevent  discrimination  and  excessive 
charges  of  turnpike  companies,  provide  penalties  and  create  neces- 
sary offices  and  commissions;  equal  rights  to  all  to  have  persons 
or  property  transported  over  turnpikes;  no  discrimination  in 
charges  or  facilities  to  be  made;  required  to  have  office  in  state 
for  transfer  of  stock  and  keeping  books  for  inspection  by  stock- 
holders or  creditors.  (Ark.  XVII  10,  3,  2.) 
Road  Districts 

Under  this  subhead  are  digested  provisions  relating  particularly  to 
road  districts;  for  districts  in  general,  See  Districts. 

County  commissioners  to  fill  vacancies  in  road  district  office,  by 
appointment,  to  hold  until  next  general  election,  and  until 
successors  elected  and  qualified.      (Wash.   XI   6.) 

Provision  may  be  made  in  county  charters  for  formation  of,  for  care, 
maintenance,  repair,  inspection  and  supervision,  and  of  road 
improvement  districts  for  construction  of  roads,  highways  and 
bridges,  detailed  provisions  regulating  taxation  on  consent  of 
majority,  and  incurring  debt  on  consent  of  two-thirds  qualified 
electors    of    district,    and    inclusion    of    cities    in    districts.       (Cal. 

XI   7V2.) 

May,  when  authorized  by  majority  in  number  and  amount  of  property 
taxpayers,  qualified  voters,  incur  debt  and  issue  bonds  for  road 
not  to  exceed  in  amount  10  per  cent,  of  assessed  value  of  property 
in  district,  governing  authorities  of  district  may  lay  taxes  suffi- 
cient to  pay  interest  and  principal;  detail  provisions.      (La.  281.) 

Police  juries  may  form  parishes  into;  may  set  aside  for  roads  one 
mill  per  annum  of  taxes  levied  by  them  and  impose  per  capita  tax 
of  not  over  $1  on  each  able-bodied  male  between  18  and  55,  and  a 
license,  graduated,  on  all  vehicles  kept  in  parish,  and  may  enact 
civil  ordinances  to  enforce  property  and  license,  criminal  to  enforce 
the  head  tax;  per  capita  tax  provisions  not  operative  in  incor- 
porated towns  and  cities;  other  taxes  may  be  levied  by  police 
juries  for  roads  and  bridges;  may  issue  bonds;  fines  and  penalties 
paid  for  infringement  of  any  ordinance  relative  to  roads  and 
bridges  to  go  into  road  and  bridge  fund  of  the  parish,     (La.  292.) 

Legislature  may  authorize,  to  take  charge  and  control  of  laying  out, 
construction,  improvement  and  maintenance  of  roads,  bridges  and 
culverts;  may  provide  for  district  road  commissioners  to  be 
appointed   or   elected,   with    powers   and   duties   prescribed   by    law. 

(Mich.   VIII   26.) 
Road  Duty 

Legislature  not  to  pass  any  local,  private  or  special  law  exempting 
any  person  from.      (Ala.  IV  104;  Miss.  IV  90.) 

Legislature  may  enact  special  or  local  laws  providing  age  at  which 
citizens  are  subject  to.      (S.C.  Drainage  Amend.   1905.) 


1  m  ■  i  x    Dig  E8i 


ROADS    (Cont'd) 

Road  Dim    (Cont'd) 

Poli.-c    jury   to   relieve   from   all    | 

and   bridge   tax    and    licen 
Voter    not   to   be   compelled    to   durii 
during  time  heeessavj    and  oonvenh  ni 

i' i 
Road  System 

Lcgi  sin  tun     may    by    g|(m7ral    law    pr 
system   for  and  in  oonntj    or  « I  i  —  t  ? 
voting  thereon;      i  Mich!.   \  1 1 1 
State  Aid 

Bonds  for  rbad  purposed,  6ffc<   State  Debi       p 
State  not   to  build  a.ny   highway.     (Ky.    II 
Prohibition  to  state  to  engage  in  Interna]  in 

to  aiding  in  improvement  of  public  v 
Legislature  may  provide  for  construe! 

State  may  appropriate  money  in  treasury  or  • 
for    construction    or    improvement    of    publi 

XII    [85,   19 

For  aiding  construction  and  improvement  of  public  I 
road  and  bridge  fund  "  created,  to  include  inco 
in  internal  improvement    land   fund,   and   all   fund- 
state  .  road   and    bridge   fund   however    provided. 
add  to  fund  by  providing  in   its  discretion  annual    • 
property   of   state   not  over    1    mill   on    all 
no  county  snail   receive  in  any  year  more  thai 
than    %    per   cent,   of   the   total    fund   thus    pr< 
in   such   year.      (Minn;    IX    Hi.  I 

Xet    proceeds    from    convict    fund    may,    under    a] 
applied   to  construction,   repair  and   n  aint<  i 
and    legislature  may    make   addition .. 

pose 

state    t«,    provide    for    laying    out    and    v 
building   bridges1,   and    for    utilizing   fines 
labor  to  all  these  purposes.        I        XVI  24.) 

Provisions   in    count}    charters    for    '-     ■■ 

which  stat«   aid  is  -ranted,  to  be 

tions  imposed  by  the  legislature.     (Cal.  XI  i 

State   hoard   of  eagh  famish   road   d 

as  for  public  ros*    and 

Will    tend    to   create   a    uniform    STHtem    of    p« 

Le-islature  to  have  power  to  establish  -; 

to  de,-i,r..  aire  t I  a  state  highway,  and  ■ 

construe!   and  maintain  tn. 

tion   and   maintenance   in    * 


1264  State  Constitutions 


ROADS    (Cont'd) 

Streets,  See  throughout  this  title,  and  See  "  Cities  ",  "  Municipalities  ", 

"  Villages  ". 
Taxes,  See  Taxation. 
Toll  Roads 

Turnpikes  to  be  public  highways.     (Ark.  XVII  1.) 

Right  to  regulate  tolls  for  highways  devoted  to  public  use  always  to 

remain  under  legislative  control.      (Tex.   XII   3.) 
Laws    relating    to    turnpikes    or    other    public    roads    excepted    from 
provision  against  laws  enacted  to  take  effect  on  approval  of  body 

other   than   legislature.      (Ky.   60.) 
Legislature  may  regulate  rates  on.      (Nev.  IV  20.) 
Ways  of  Necessity,  See  Eminent  Domain  —  Private  Purposes. 
Altering,  Special  or  Local  Law  Permitted 

Applies  to  road  or  highway.     (S.C.  Amend.  1905.) 
Altering,  Special,  Private  or  Local  Law  Forbidden 

Applies   to   highway,   except   in   case   of   state   roads   extending   into 

more  than  one  county  or  military  roads  in  aid  of  construction  of 

which  Congress  may  grant  lands.      (Wash.  II  28;   Wis.  IV  31.) 

Applies  to  road  or  highway.      (Colo.  V  25;  111.  IV  22;  Miss.  IV  90; 

Mont.  V  26;  Nebr.  Ill  15;  N.J.  IV  7;   N.D.  II  69;   W.Va.  VI  39.) 

Applies  to  road  or  highway,  except  to  state  roads  extending  into  more 

than  one  county,  or  military  roads.      (N.M.  IV  24.) 
Applies  to  road,  highway  or  alley;  does  not  apply  to  any  bill,  or  the 
amendments  to  any  bill,  reported  by  commissioners  to  revise  the 

statutes.     (N.Y.  Ill  18,  23.) 
Applies  to  road,  highway,  street  or  alley.      (La.   48;    Minn.  IV  33; 

Mo.  IV  53;  Okla.  V  46;   Pa.  Ill  7;  Tex.  Ill  56.) 
Applies  to  road,  highway,  street,  alley,  townplat,  park,  cemetery  or 

public  ground  not  owned  by  state.      (Ida,  III  19.) 
Applies    to    townplat,    street,    alley,    public   ground    or    ward.      (S.D. 

III  23.) 
Applies  to  township,  highway,  street,  ward,  alley  or  public  ground. 

(Utah  VI  26.) 

Applies  to  road  laid  out  by  commissioners  of  highways,  or  any  street, 

alley  or  public  ground  in  a  city  or  village  or  recorded  townplat. 

(Mich.  VIII  27.) 
Applies    to    road,    townplat,    street,   alley    or   public   square.      (Ariz. 

IV  19.) 
Applies  to  road,  highway,  street,  alley,  townplat,  cemetery,  graveyard 

or  public  ground  not  owned  by  commonwealth.      (Ky.  59.) 
Applies   to    road,   highway,    street,    alley,    townplat,    park,    cemetery, 

graveyard  or  public  ground  not  owned  by  state.     (Cal.  IV  25.) 
Applies   to   road,   higbway,   street,   lane   or   alley,   except    that   as   to 

any  roads  which  pass  through  at  least  a  portion  of  three  counties 

of   the   state,   two-thirds  majority   of   all   members   elected   to   each 

house  may  pass  a  special   act.      (Del.   II    19.) 
Closing,  Special,  Private  or  Local  Law   Forbidden 

Applies   to    road,    highway,    street   or   alley.      (La.    48.) 


ROADS    (Cont'd) 

Discontinuing,  Special,  Pbtvati  ob  Uh  u   U«   Fob 

Applies  to  road;  highway,  itreel 
Applies  to  road,   highway   or   allt 

the  amendments  to  any  bill,  which   shall 

sioners  to  rcvis,.  the  Btatul  ^ .  Ill 

Laying  Out,  Sn  <  iai    ob   Lo<  \i.   Lav    Peh 

Applies  to  coad  or  highway.     (S.I 
Laying  Out,  Special;  Pbivate  ob  Loi  u    Law    I 
Applies  to  highway,     i  I  ml.  I\ 
Applies  to  highway,  except  in 

than  one  county  or  militarj    roads  in  i 

Congress  may  grant  lands.      (Wash.   II    28;    \\  j       |\ 
Applies  to  road  <n-  highway.     ((  olo.  \   26;  111.  i 

Miss.   l\    90;  Mont.  V  26;   Nebr.  Ill    15;    N  J.   I\ 

W  \a     VI 
Applies  to  road  or  highway^  except    • 

more   than   one  countj    or   militar;  \  M     |\ 

Applies  to  road,  highway  or  allej  ;  does  nol  a 

amendments  to  any  bill,  which  shall  be  report 

to  revise  the  statutes.     i.VY.  Ill    18,  2 
Applies  to  road,  highway,  street   or  alley. 

Mo.  IV  53;  Okla.  V  46;   Pa.  ill  7:  Tex.  Ill  ■  ■ 
Applies  to  road,  highway,  street,  lane  or  all* 

roads,  which  pass  through  at   least  a   portion 

the  state,  two-thirds  majority  of  ail  memb< 

may  pass  a  special  act.      (Del.   li    19.) 
Applies   to   townplat,    street,   alley,    publi 

III 
Applies  to  townplat,  highway,   street, 

Applies    to    road,    townplat.    si  llej    01 

l\ 
Applies    to    road,    highway,    Btl  lUey,    town]      I 

or  public  ground  not  owned  by  Btate.        Ida.   Ill 
Applies   to    road,    highway,    street,    alley,    townp 

graveyard  or  public  ground  not  owned  l.\  I 

Maintaining,  Special,  Private  ob  Lo<  m    Law    Fobbidden 

Applies  to   road,  highway,   street    or   •>  lej  |X 

Mo.  IV  53;   Okla.   V    16;    Pa.   HI    7;   Tex.    HI 
Applies  to  road,  highway,  ■•  town] 

or  public  ground   not  owned   bj    oo 
Applies   to    road,    highway  t,    alley, 

or  public  ground  aot  owned  I 
Applies  to   road,   highway, 

graveyard  or  public  ground  aol  owm 
Applies  to  road,  highway,  street,  las 

roads  which   pasB  through 

the  state,  two-thirds  majoritj  of  all  n 

may  pass  a   special   act      I  "eh    H    '" 


1266  State  Constitutions 


ROADS    (Cont'd) 
Maintaining 

Legislature  may  pass  local  laws  for  maintenance  of  public  roads  and 
highways  without  local  notice  required  for  special   or  local  laws. 

(Tex.  VIII  9.) 
Opening,  Special  or  Local  Law  Permitted 

Applies  to  road  or  highway.      (S.C.   Amend.   1905.) 
Opening,  Special,  Private  or  Local  Law  Forbidden 
Applies  to  highway.      (Ind.  IV  22;   Ore.  IV  23.) 

Applies  to  highway,  except  in  case  of  state  roads  extending  into  more 

than  one  county  or  military  roads  in  aid  of  construction  of  which 

Congress  may  grant  lands.     (Wash.  II  28;  Wis.  IV  31.) 

Applies  to  road  or  highway.      (Colo.  V  25;   111.  IV  22;   Iowa  III  30; 

Miss.  IV  90;   Mont.  V  26;   Nebr.  Ill    15;   N.J.  IV  7;   X.D.   II  69; 

W.Va.   VI    39.) 
Applies  to  road  or  highway,  except  state  roads  extending  into  more 

than  one  county  or  military  roads.      (N.M.  IV  24.) 
Applies  to  road,  highway  or  alley;  does  not  apply  to  any  bill,  or  the 
amendments  to  any  bill,  which  shall  be  reported  by  commissioners 
to   revise  the  statutes.      (N.Y.  Ill    18,   23.) 
Applies  to  road,  highway,  street  or  alley.     (La.  48;  Minn.  IV  33;  Mo. 

IV  53;  Okla.  V  46;   Pa.  Ill  7;   Tex.  Ill  56.) 
Applies  to  road,  highway,  street,  lane  or  alley,  except  that  as  to  any 
roads  which  pass  through   at  least  a  portion  of  three  counties  of 
the  state,  two-thirds  majority  of  all  members  elected  to  each  house 
may  pass  a  special  act.      (Del.   II    19.) 
Applies  to  townplat,  highway,  street,  ward,  alley  or  public  ground. 

(Utah  VI  26.) 
Applies   to   townplat,    street,    alley,   public   ground   or    ward.      (S.D. 

III  23.) 
Applies   to    road,    townplat,    street,    alley    or    public    square.      (Ariz. 

IV  19.) 
Applies  to  road,  highway,  street,  alley,  townplat,  cemetery,  graveyard 

or  public  ground   not  owned  by   commonwealth.      (Ky.   59.) 
Applies    to    road,    highway,    street,    alley,    townplat,    park,    cemetery 

or  public  ground  not  owned  by  state.      (Ida.  Ill  19.)' 
Applies    to    road,    highway,    street,    alley,    townplat,    park,    cemetery, 

graveyard  or  public  ground  not  owned  by  state.     (Gal.  IV  25.) 
Vacating,  Special,  Private  or  Local  Law  Forbidden 
Applies  to  road.      (Fla.  Ill  20.) 
Applies  to  road,  street  or  alley.      (Ark.  V  24.) 
Applies  to  road,  highway,  street  or  alley.      (Minn.  IV  33.) 
Applies  to  road,  townplat,  street  or  alley.     (Mo.  IV  53;  Okla.  V  46; 

Pa.  Ill  7:   Tex.  Ill  56.) 
Applies    to    road,    highway,    street,    lane   or    alley,    except   that   as   to 

any  roads  which  pass  through  at  least  a  portion  of  three  counties 

of   the   state,   two-thirds   majority  of   all   members   elected   to   each 

house   may  pass  a   special    act.      (Del.   II    19.) 
Applies    to   townplat,    street,    alley,    public   ground   or    ward.      ( S.D. 

Ill  23.) 


I. MUX     |)|, 


ROADS    (Cont'd) 

Vacating,  Special',  PRivAttB"OE. Local  Lam   Foikdm       i      fd) 

Applies  to  townplat.  highway,  Btreet,  ward    all. 

i  i  tali   \  i 
Applii-.    to    road,    townplat,    street,   alle}    01    public 

IV    19;    hid.    IV   22;    [owa    III    30;    \.\.    IV   20 
Applies  feo  road,  street;  townplat,  allej   or  public  ground 

25;    111.    IV  22;    Mont.   V   26;    Nebr.    HI  15;   NJ.  1  D.  II 

\\    \  .,     \  I 
Applies  to  road,  street,  tnwnpl.it.  alley  or  publi 
to   state  roads  extending  into  more  than 

I.     (N  M    i 

Applies  to  road  laid  out  bj  commissioners  of  big 
alley   or   public   ground    in    a    city   or   villi 

i  Mich.  \  ill   : 
Applies  to  road.  townplat.  streel    alley.  cemet<  ry,  grav<  jrard  <>r  pu 

ground  not  owned  by  slat!.      (Okla.  V  46.) 
Applies   to   road,   highway,   street,   alley,   townplat 

yard  or   public  ground    not    owned   by   commonwealth. 
Applies  to  road,  highway,  street,  alley,  townplat,  park, 

public  ground   not  owned    by   state.      (Ida.    Ill    I' 
Applies    to    road,    highway,    street,    alley,    townplat,    park 

graveyard  or  public  ground  nol   owned  bj  tl.  1\    I 

Applies   to   road,   highway,   townplat,   street,   alley   it    public  ground. 

i  Mi-.   IV 
WOBKUSTQ   OX.    SPECIAL   OR    LOCAL    I. AW    PERMITTED 

Applies    to    road   or   highway.      (S.C.    Amen  1.    [90 
Working  ox,  Special,  Private  ob  Local  Law  Forbiw 

Applies  to  road,  highway,  street,  alley,  townplat,  park, 

public  ground  not  owned   by   state.      (Ida.    Ill    18 
Applies   to   highway,      (hid.    I V   22;    Ore.  I> 
Applies  to  road  or  highway.      (Colo.  V  25;   III.  I\    22;    Iowa   III 
Aliss.  IV  90;   Mont.  V  26;   Nebr.  Ill    15;   M.J.   W    7:    SM     l\ 

N.I).  II   69;   \\  A  a.  VI 
Applies   to  road,  highway,  or  alley,    does  nut    apph    to   anj    bill 
the  amendments  to  any   hill,   which   shall   be   reported 
sioners  to  revise  the  statutes.      (N.Y.    Ill    I- 

YVORKIXG   ON 

Legislature  to   provide  by  general   law   for   working  pub 
contract   or  by  county   prisoners,  or  both;    Buch    lav 
into  operation  only   by  a   vote  of   the  oountj    bu| 

county. 

SAILORS,  See  Soldiers  a.m.  Sa ts. 

SANGUINARY  LAWS,  See   Grimes       I''  NlBHMl  ST. 
SAVINGS  BANKS,  See    Hanks. 
SCHOOL  DISTRICTS,  See  Education. 
SCHOOLS,  See  Education. 

SEAL  OF  STATE 

■it,  \,i/    XXII    I"    ''"■    N.D.    Wll  H 

Form    in  escribed.      (Ariz.    A  A  11    i    .    -  .,,,,, 

1  S.D.  XXI  1;  \> 


12G8  State  Constitutions 


SEAL  OF  STATE   (Cont'd) 

Legislature  to   provide  for  device  and  motto.      (Minn.  XV  4.) 

Legislature    to    provide.      (Mont.   VII    17;    Wis.   XIII   4.) 

To  remain  as  at  present.     (Fla.  XVI  12.) 

Seal  now  in  use  to  be  official  until  changed  by  legislature.     (Ala.  V  133; 

Ariz.  XXII  10;  Ark.  XIX  25;  Colo.  IV  18;  Ga.  V  Sec.  Ill  1;  Ida.  IV 

15;  Utah  VII  22;  Wyo.  IV  15.) 
Not  to  be  altered.      (Conn.  IV  18;  Mo.  V  20.) 
Custody   in  governor.      (Ark.   VI    10;    Cal.  V   13;    Ind.   XV   5;    Iowa   IV 

20;    Kan.   I   8;    Miss.   V   126;    Xev.   V    15;    N.C.   Ill    1G;    Ohio   III    12; 

Tenn.  Ill  15;  Vt.  II  22.) 
Custody  in  governor  or  person  administering  government.  (N.J.  VIII  2.) 
Custody  in  secretary  of  state.      (Ala.  V  134;   Colo.  IV  18;   Conn.  IV  18; 

Fla.  IV  21;    Ga.   V  Sec.   Ill   1;    Ida.   IV   15;    111.  V  22;    Mich.  VI    11; 

Minn.  XV  4;   Mont.  VII    17;    Nebr.  V  23;   N.M.   V   10;   Okla.  VI   18; 

Ore.    VI    3;    Tex.   IV    19;    Utah   VII   22;    Wash.   Ill    18;    W.Va.   II   7; 

Wis.  XIII  4;  Wyo.  IV  15.) 
Used  by  governor  officially.      (Ala.  V  133;   Ark.  VI  9;   Cal.  V   13;   Ind. 

XV  5;  Iowa  IV  20;  Kan.  I  8;  Miss.  V  126;  Nev.  V  15;  Ohio  III  12; 

S.C.  IV  18;  Tenn.  Ill  15.) 
Used  by  governor  as  occasion  may  require.      (N.C.  Ill   16.) 
Used  by  secretary  of  state  officially.      (Ida.  IV   15;   Mont.  VII   17;   Ore. 

VI  3;    Utah  VII  22;   Wash.  Ill   18.) 
Used   by   secretary   of   state   officially   as   directed   by  law.      (Mo.   V   22; 

Nebr.  V   23;    W.Va.   II   7;    Wyo.   IV    15.) 
Used  by  secretary  of  state  officially  under  direction  of  governor.      (Tex. 

IV  19.) 
Used  for   authentication   of  laws.      (Md.   Ill   30.) 
Used    for    authentication    of    "  official    acts    of    the    governor,    except   his 

approval  of  law,  resolutions,  appointments  to  office  and  administrative 

orders".      (Ala.  V  134.) 
Used  for  authentication  of  official  acts   of  governor,  except  approval  of 

laws.      (Mich.    VI    11;    Minn.    XV    4;    Mo.    V    20;    Okla.    VI    18;    Wis. 

XIII  4.) 
Not  to  be  affixed  to  instrument  of  writing  except  by  order  of  governor 

or  legislature.      (Ga.  V  Sec.  Ill  1.) 
Use  on  commissions,  See  Public  Officers  —  Commissions  to. 
Use  on  grants,  See  Grants. 
SEARCHES  AND  SEIZURES 

People  to  be  secure  in  persons,  houses,  papers  and  effects  from  unreason- 
able searches  and  seizures.      (Ala.   I   5;    Ark.   II    15;    Cal.   I    19;    Colo. 

II  7;    Conn.  I  8;   Del.  I  6;    Fla.  D.R.  22;   Ga.  I  Sec.  I   16;   Ida.  I   17; 

111.   II   6;    Ind.   I    11;    Iowa   I   8;    Ky.    10;    La.   7;    Me.   I   5;    Mass.   Pt. 

I   14;    Mich.   II    10;    Minn.   I   10;   Mo.   II    11;   Mont.   Ill  7;    Nebr.   I   7; 

Nev.   I   18;   NIL  I    19;   N.J.  I  6;    N.M.   II   10;    N.D.  I   18;   Ohio  I   14; 

Okla.   II   30;    Pa.   I   8;    S.C.   I   16;    S.D.   VI    11;    Tenn.   I   7;    Tex.   I   9; 

Utah   I    14;   Vt.  I   11;   W.Va.  Ill  6;   Wis.  I   11;   Wyo.  I  4.) 
Same;   "possessions"  instead  of  "papers   and  effects".      (Miss.  Ill   33.) 
Right  of  people  to  be  secure  in  persons  and  property  from  unreasonable 

searches  and  seizures  to  be  inviolate.      (Kan.  B.R.  15.) 


T\hl'\      [>h 


SEARCHES  AND  SEIZURES    [Cont'd) 

Right  of  people  to  be  secure  In  pei  ons, 

unreasonable  searches  and  seizui 
No  law  to  violate  righl   of  people  to 

papers  and  effects,  againsl  unreasonab 
No  person    to  be  disturbed    in   his    p 

without  authority  of  law.     (Ariz.    II  8;  Wai 
Warrants  not  to   issue   to   search   an) 

thing  without   probable  cause,  supporl 

Warrants,   without   oath    or   affirmation    I 

foundation   for  them,  wherebj    offi  ei 

places  or  seize  persons  or   property    i 

not    i. 
All    warrants,   without   oath    or   affirmation, 

or   to    seize    person    or    property,   are    grievous    and    - 

Warrants  to  search  suspected   places,  or  to  ap] 

without   naming  or  describing  place  or   person    in 

and  ought  not  to  be  granted,     i  M«l.   D.H. 

. 
No  warrant  to  issue  without   probable  eau 

larly  describing  place  to  be  searched,  and   pet 

(Ida.  I   17;   111.  II  6;   S.I).  VI    11  :   Wyo.    I 
Warrants    not    to    issue    without    probable    cause 

affirmation,    particularly    describm 

or    thing    to   be   seized.      (Ark.    II     15;    «  al.    1     19 

I  Sec.  I   lti;   Ind.   I   11:    Iowa    I    8;    Kan.    B.R.  I 

Mich.  II  10;  Minn.  I   10;  Miss.  II  23.;  Nebr.  I 

Ohio  I  14;  Ore.  I  0 :   S.C.   I    L6;    Utah   I    14;   HA 
Same;   "as  nearly  as  may   be"   instead  of  "] 

Del.  I  6;  Ky.  10;  Okla.  II  30;  Tex.  I  B.) 
No   warrant   to    issue    but    upon    probable 

affirmation,  and  particularly  describing  place  to  b 

and  things  to  be  seized.      iN.I.    I 
Same;   inserts  "written  showing  of"  before  "  prol 
No  warrants  to  search  any  place  01  rson  Of   I 

out  describing  place  to  be  -•"  bed  or   person  • 

as   near    as    may    be,    nor    without    probab 

or  affirmation  reduced  to  venting.     (Golo.   II   7;    MSo,   M 

Warrants  contrary  to   peoplels   righta   unl( 

supported  by  oath  or  affirmation,  and   .... 
designation   of   persons   or  objei  te   to 
not  to  be  issued   exeepi    in  cases   ai 

Warrants  not  to  issue,  bul  On  complaint  in  w. 
supported  by  oath  and  affirmation,  and  d. 
place  to  be  searched,  and  persons  and  I 
SEAS,  See  Waters. 


1270  State  Constitutions 


SEAT  OF  GOVERNMENT 

Meeting  place  .of  legislature,  See  Legislature  —  Sessions. 

No  act  of  legislature  changing  seat  of  government  to  become  law  until 
submitted  at  general  election  and  approved  by  majority  voting  on 
question;    act  to   specify   proposed  new   location.      (Ala.   IV   78.) 

Capital  to  be  at  Phoenix  until  changed  at  election  provided  for  by  legis- 
lature  not   prior   to   December   31,    1925.      (Ariz.   XX   0.) 

To  remain  at  Little  Rock.      (Ark.  I.) 

Sacramento  declared  to  be,  until  clianged  by  law,  approved  and  ratified 
by  majority  voting  therefor  at  general  election,  under  such  regulations 
as    legislature   by   two-thirds    vote   of    each   house    may    provide.      (Cal. 

XX  1.) 

Location  not  to  be  changed  except  by  vote  of  two-thirds  of  electors  voting 
on   that   question   at  general    election   at   which   question   submitted   by 

legislature.      (Colo.  VIII  3.) 

Legislature  not  to  make  appropriations  for  capitol  buildings  and  grounds 
until  seat  of  government  permanently  located  as  provided  in  con- 
stitution.   (Colo.  VIII  4.) 

Dover   is   capital.      (Del.   II   5.) 

At  Tallahassee.      (Fla.  XVI   1.) 

Atlanta  to  be  capital  of  state  until  changed  by  same  authority  and  in 
same  way  as  is  provided  for  alteration  of  constitution.      (Ga.  XI  Sec. 

IV  1.) 

If  municipal  corporation  offers  to  state,  property  for  locating  or  building 
of    capitol,   and   state   accepts    it,    corporation   may   comply   with   offer. 

(Ga.  VII   Sec.  VI    1.) 

To  be  located  at  Boise  City  for  20  years  from  admission  to  United 
States  after  which  time  legislature  may  submit  question  to  qualified 
voters  at  general  election  and  majority  of  votes  upon  question  neces- 
sary to  determine  location.      (Ida.  X  2,   3.) 

Appropriation  or  expenditures  not  to  be  made  on  account  of  new  capitol 
grounds  and  construction,  completion  and  furnishing  of  the  state  house 
exceeding  $3,500,000,  inclusive  of  appropriations  heretofore  made,  with- 
out first  submitting  question  at  general  election  nor  unless  majority 
of  all  votes  cast  at  election  are  in  favor  of  proposed  expenditure.      ( 111. 

IV  33.) 

Certain  grounds  owned  by  state  at,  not  to  be  sold  or  leased.     ,(Ind.  XV  0.) 

Permanently  established   at  Des  Moines.      (Iowa  XI   8.) 

First  legislature  to  provide  for  submitting  question  of  permanent  loca- 
tion to  popular  vote;  majority  of  all  votes  at  some  general  election 
necessary  for  location;  temporarily  located  at  Topeka.      (Kan.  XV  8.) 

To  continue  at  Frankfort.      ( Ky.  255. ) 

If  municipal  corporation  offers  property  or  money  for  locating  or  build- 
ing a  capitol,  and  state  accepts,  the  corporation  may  comply  with  the 

offer.      (Ky.  179.) 

To  remain  at  Baton  Rouge.      (La.   1G2.) 

Augusta  declared  to  be.     (Me.  Amend.  33.) 

To  be  at  Lansing.      (Mich.   I   2.) 


Im.i '\   Digest 


SEAT  OF  GOVERNMENT    (Cont'd) 

To  be  at  St.    Paul,  Km    legislature  maj    i  .... 

people  or  maj   locate  il  on  land  granted  '■ 

if  seat  of  government  removed,  the  eapitol  build 

dedicated   to  institution   tor  promotion  ol 

organized    by    legislature  and    in    whirl,    \|,,, 

always  to  be  a  department.     (Minn.   W     l 
To  be  at  Jackson   and    no1    to  be  removed  01 

of  majority  of  electors  of  state.     (Mius.   I\     101 
Legislature   may    not    remove   from   Jefferson. 
Location  to  be  submitted  at    general  election   in 

at  Helena;  and  thereafter  location  not   to  i»-  chaiu 

of  two-thirds  of  qualified   electors  votin that    ijuewtion 

election  at    which  question  submitted   bj    legislntui 
Legislature  not  to  make  appropriations  for  eapitol  buildings  and  . 

until  seat  of  government  permanently   Located   as   p 

tutioa.     (Mont 
Not  to  be  removed   or   relocated   without    assent 

or    elections    under    rules    prescribed    bj     law 

■ 
To  be  at  Carson  City.     (Nov.  XV  1.) 
Capital  to  be  at  Santa    IV  until   changed   by   eleel 

provided   for    by    legislature   on    or    aftei    Deo 

\\; 

To  remain  at  Raleigh.      (X.C.   X  1  \'   6.) 

To  be  at  Bismarck.      (N.D.   XIX   215.) 

Columbus  until  otherwise  direct c.l  h\  law.     (Ohio  X\    1.) 

When    located   as    provided    in    constitution    nol    to 

years   and   only   by   majority   of   votes   cast    on   question    !■ 

•_••  neral  election        I  ■  ■     '•■    \ 
Laws  locating  capital   may  take  effect    or  not,  upon   v. 

Capital  not  to  be  changed  except   bj    vote  ol  p  ople. 
Legislature  at  first  session  to  submit   question  ol 

plaec  selected  to  be  permanent   Beat   of   s  ent 

Legislature    not   to   delegate   to   special    commission,    prii 

or  association,  power  to  select   a  capital  Bite.     (S.D.   III 
If  no  place  voted  for  at  election  to  determine  ;  iU  n-i 

cast,  governor  to  issue  proclamation   for  election  to  be  tu 

manner  at  next  general  election  to  choose  between  two 

received  highest   number  of  rotes  at    first  election.     I 

ducted  same  as  first   election  and  plaee  having  n 

to  be  permanent  seat  of  government     (S.D.  XX  1 
Austin  declared  to  be.     (Tex.   Ml 
3  000  000   acres    set    apart    for    Btate   eapitol    and 

building  such   lands  to  be  Bold  under  direction  of  I. 

\  \  l 

Permanently    located    at    Salt    Lake    City.      .1  t*h    \  l% 


1272  State  Constitutions 


SEAT  OF  GOVERNMENT    (Cont'd) 

Legislature    not    to    delegate    to    special    commission,    private    corporation 

or   association,   power   to   select   a  capitol   site.      (Utah   VI   29.) 
Location   to   be   submitted   at   time  of   submission   of   constitution.     Until 
tben   to  be  at  Olympia   and  thereafter   location  not   to  be  changed  ex- 
cept by  vote  of  two-thirds  of  qualified  electors  voting  on  that  question 
at  general  election  at  which  question  submitted  by  legislature.      (Wash. 

XIV  1,  2.) 
Legislature  not  to  make  appropriations  for  capitol  buildings  and  grounds 
except  to  keep  territorial  capitol  buildings  and  grounds  in  repair,  and 
for  making  necessary  additions  thereto,  until  seat  of  government  per- 
manently located,  and  public  buildings  erected  at  permanent  capital  in 
pursuance  of  law.      (Wash.   XIV   3.) 
At  Charleston  until  otherwise  provided  by  law.      (W.Va.   VI   20.) 
Madison  until  otherwise  provided  by  law.      (Wis.  XIV  G.) 
Not  to  be  changed  by  legislature,  but  after   10  years  after  adoption  of 
constitution  may  proTide   lor  submitting  question  to  qualified  electors 
at  general  election  and  majority  of  votes  on  question  to  be  necessary 
to    determine    location.     Until    location,    seat    of    government    to   be    at 

Cheyenne.      (Wyo.  VII  23.) 
SECRETARY  OF  CIVIL  AND  MILITARY  AFFAIRS 

Appointed  by  governor  during  pleasure;    governor  may  command  service 
at  all   times;    compensation   to   be   provided  by  law.      (Vt.   II   21.) 
SECRETARY  OF  INTERNAL  AFFAIRS 

Elected  by  qualified  electors  of  state  at  general  election  for  term  of  four 
years;  if  vacancy  in  office,  new  election  to  be  held  and  governor  to 
fill  vacancy  until  election.  To  have  powers  and  duties  of  surveyor- 
general,  subject  to  changes  made  by  law;  department  to  embrace 
bureau  of  industrial  statistics;  to  discharge  duties  relating  to  cor- 
porations, charitable  institutions,  agricultural,  manufacturing,  mining, 
mineral,  timber  and  material  ami  all  business  interests  of  state  as 
may  be  prescribed  by  law;  to  report  to  legislature  annually  and  at 
such  other  times  as  prescribed  by  law;  to  have  supervision  over  trans- 
portation  companies   and   require    reports    from    them.      (Pa.    IV   8,    19, 

21;    XVII    11.) 
SECRETARY  OF  STATE 

Under  this  heading  are  digested  those  provisions  which  specifically  refer 
to  this  officer.    For  provisions  relating  to  all  officers  and  hence  to  this 
one,  See  the  title  "  Public  Offcers  ". 
Appointment 

By  legislature,  See  below,  this  title,  Election. 

By  governor  with  advice  and  consent  of  senate.      (Md.  II  22;   N.J. 

VII  Sec.  II  4;  Tex.  IV  21.) 
By  governor  with  consent  of  majority  of  all  members  elected  to  sen- 
ate.    (Del.  Ill  10.) 
By  governor  with  advice  and  consent  of  two-thirds  of  all  members  of 

senate.      (Pa.  IV  8.) 
Assistants,  See  below,  this  title,  Deputies  and  Assistants. 


Inm\     DlGl 

SECRETARY  OF  STATE   (Cont'd) 
Bond 

To  give  bond  and  Becuritj   under  regulations  pr< 

faithful  discharge  of  duti< 
Bond  to  be  given  with  Bufficienl   sun 
the  use  of  the  state,  Eoi  punctual  ]  ■ 

II  • 
Of  not  loss  than  double  amount 

and  not  less  than  $50^000 ; 

increase  of  penalties,  as  may  be  pi 

Compensation 

Salary 

As  to  whether  salary  fixed  may  be  chai 

this  8ub 

Fixed  by  law.     (Ala.  V  118;  Colo.  I\    19;   Del.  Ill   10;   111     ■ 

Kan.  I  15;    Minn.  V  5;    Miaa.   \     '  13;    M 

N.C.  HI  15;  Ohio  III  I9j  Okla.  VI  \  II 

Fixed  at  $1,500.     (Ma.   IV  29;   Ore.   Mil    l.l 
Fixed  at  $1,800.     (Ida.  IV  L9;  S.D.  XXI 
Fixed  at  $2,000.     (Ark.    Sched.    28;    Md.    II 

N.D.  Ill  84;  Utah  VI]  20;  Wyo.  I\'  I 
Fixed  at  $2,000  "and  no  more".    (Tex.   IV  2 
Not  to  exceed  $2,000.     (Ga.  V  Sec.  II 

Fixed  at  $2,500.     (Mich.  VT21;  Okla.  Sched    '  a.  Ill  17.) 

Fixed  at  $3,000.     (Mont.  VII    I:   N.M.  \ 
Fixed  at  $3,500.      (Ariz.   V   13.) 
Fixed  at  $5,000.     (Gal.  V    19;    La.  81.) 
Acting  as  governor,  same  as  governor.      (Ala     \ 

.  VI  18;  N.M 
Acting  as  governor,  same  as  governor,  except  h 
disability  or  absence  from  Btate.     (Utah  VII  I 
Increase  or  Decrease 
In  Gene  nil 

Allowed.     (Ariz.  V  13;   [da.  l\    19;     '  D    III 

84;  Okla.  Sched.  15;  Utah  \  II  20;  W 
Allowed    after   eighl    ^eara    from    adi 

Allowed    after    10    vars    from 

Allowed,  but  total  not  to  I 
Increase  allowed,  bu1  total  i 

Salary  not   to  <  ■ 

b,  rea'se  prohibited.     (Mich.  \ 

May  be  diminished,  but  no!   in 
Durbftg  Term 

.  Increase  during  term  of  office  :  i 


1274  State  Constitutions 


SECRETARY  OF  STATE    (Cont'd) 
Compensation    (Cont'd) 

Increase  or  Decrease   (Cont'd) 
During  Term    (Cont'd) 

Prohibited  during  official  term.      (Ark.   XIX   11;    Colo.   IV 

19;    111.   V    23;    Mo.   V   24;    W.Va.   VII    19.) 
Prohibited  during  period  for  which  elected.      (Ala.  V   118; 
Cal.  V  19;   Kan.  I   15;   X.Y.  V  1;   X.C.  Ill   15;   X.D.  Ill 
84;  Ohio  III  19;  Okla,  VI  34;  S.C.  IV  24;  Wyo.  IV  13.) 
Prohibited    to    extent    that    it    affects    salary    during    term. 

(Ida.  IV  19,  V  27.) 
Prohibited    to    extent    that    it    affects    salary   during   term, 
unless  vacancy  occurs,  in  which  case  successor  to  receive 
only  salary  provided  by  law  at  time  of  election  or  appoint- 
ment.     (Utah  VII  20.) 
Compensation  Other  Than  Salary 

Emolument  or   allowance  other  than   salary,  prohibited.      (X.C. 

Ill  15.) 
Salary  to  be  in  full  payment  for  all  services  rendered.      (X.M. 

V  12.) 

Salary  to  be  in  full  for  all  services  rendered  in  official  capacity 

or  employment  during  term   of  office.      (Cal.   V   19;    Ida.   IV 

19;  Mont.  VII  4;  Utah  VII  20.) 

Compensation   limited  to  salary.      (Ala.  V   137;   Ark.   XIX   11; 

111.  V  23;  Ky.  96;  La.  81;  Mo.  V  24;  Nebr.  V  24;  X.M.  V  12; 

X.Y.   V    1;    Okla.   VI    34;    W.Va.   VII    19.) 

Compensation  limited  to  salary,  except  necessary  expenses  when 

absent  from  seat  of  government  on  business  of  state.      (Ga.  V 

Sec.  II  7.) 
Not  to  receive  additional  compensation  beyond  salary  for  serv- 
ices  rendered  state  in  connection  with  internal   improvement 
fund  or  other  interests  belonging  to  state.      (Fla.  IV  29.) 
Fees  for  performance  of  duties  not  to  be  received.     (Ida.  IV  19; 

Mont.  VII  4;  X.M.  V  12;  Utah  VII  20.) 
Fees  or  perquisites  for  performance  of  duties  not  to  be  received. 
(Ala.  V  137;  Ark.  XIX  11;  Cal.  V  19;  111.  V  23;  La.  81; 
Mich.  VI  21;  Mo.  V  24;  Xebr.  V  24;  X.Y.  V  1,;  Okla.  VI  34; 
Ore.  XIII  1;  S.D.  XXI  2;  Tex.  IV  23;  W.  Va.  VII  19.) 
Fees  or  perquisites  not  to  be  received,  except  necessary  expenses 
when   absent   from   seat   of  government   on   business   of   state. 

(Ga.  V  Sec.  II  7.) 

Fees  or  perquisites  for  performance  of  duty  connected  with  office 

or  for  performance  of  additional  duty  imposed  by  law  not  to 

be  received.     (Xev.  XVII  5.) 

Costs  not  to  be  received.     (Ala.  V  137;  Ark.  XIX  11;  111.  V  23; 

Mo.   V   24;    Xebr.   V   24;    Okla.   VI   34;    Tex.    IV   23;    W.Va. 

VII  19.) 
Interest  on   public   moneys   in   hands   or   under   control,   not   be 

received  to  own  use.     (Xebr.  V  24.) 
Payment  into  treasury,  See  below,  this  title,  Fees. 


1  \  I  ■  !      .       I   ) 

. . 

SECRETARY  OF  STATE   [Confd) 
Compensation    [Cont'd) 
Expenses 

Necessary  expends  when   abaen 

business   of  state.      (Qa,    V   Si       II, 
legislature  maj  provide  for  actual  an 
traveling  in  state  in  pi  rformai 

1  '  gwlature   may   provide   I 
expenses  incurred  while  to  perforu 

No  salary  for  clerical  Bervi 

Appropriations   for  clerical  and  otiw  i 
item   and   nut    to  exceed   in   anj    um> 
salary  of  assistant    secretarj    and   «; 

Clerical  expenses  not  bo 
Payment 

Monthly.      (La.  SI.) 

Quarterly.      (Ida.   IV    19;    Mont.   Yll    1.    \.  .     \\||  \ 

Deputies  and  Assistants 

May  appoint  deputy,  for  whose  cond 

of   death,   removal    or    inability   ol 

duties  until  another  secretary  appoint  (N.H.  II 

May  appoint   and   remove  assistant 

acts  and  duties  of  office  in  case  of  al 

tary,  or  under  his  direction.     (La.  7" 
May  appoint  deputies,  for  whose  condud   In-   i 

Pt.  II  Ch.  II  Sec.   IV  2;   Me.  V  Pt.  Ill 
No  salary  for  clerical 

\ 

Clerical  expenses  not   to  f  • '    : 

Appropriations  for  clerical  ami  other  ex] 

and  not   to   exceed    in   any    one   year   $10,1 

assistant  secretary   and   expenses   "i"   tosui 

Dual  Office  Holding,  -See  below,  this  title, 

Election 

Under  this  subhead  are  digested  I 

refer  to   this  officer.     I 
cm!,  Se<   the  title  "  Ele<  no; 
lahtre   to   establish    offices  and  / 

poi>iimn,i,    See    the    1,1!,   "  PUBLI. 

Electors 

Qualified  electors  of  state.     (Ala.  V  in.   Vrl    VI 

Ida    IV  2;   I  ml.  VII:   I-  l   H 

Linn.  V  i;  Mont.  VII 

1;  Ore.  VI  1;S.C.IV^;8J>.IV  12;  Hal    VII  2 

\  I    '      I 


1276  State  Constitutions 


SECRETARY  OF  STATE    [Cont'd) 

Election    (Cont'd) 
Electors    (Cont'd) 

Same  as  for  governor.      (Cal.  V  17;  Mass.  Amend.  17;   Miss.  V 

133,  143;  Nev.  V  19;  Vt.  II  40.) 
Same  as  for  members  of  legislature.     (Ga.  V  Sec.  II  1.) 
Joint  vote  of  legislature.     (Me.  V  Pt.  Ill  1;  N.H.  II  6G;  Tenn. 

Ill  17.) 
Time  and  Places 

As  prescribed  by  law.      (W.Va.  VII  2.) 

Same  as  for  governor.     (Cal.  V  17;  Fla.  IV  20;  Ga.  V  Sec.  II  1; 
Mass.  Amend.  17;  Miss.  V  133,  143;  Nev.  V  19;  N.Y.  V  1,  2; 

Vt.  II  40;  Va.  V  80.) 

At  same  time  as  governor,  on  first  Tuesday  after  first  Monday 

in   November,    1895,   and   every   four   years   thereafter.      (Ky. 

91,  95.) 
Same  as  for  members  of  legislature.  (Ala.  V  114;  Ark.  VI  3; 
Ida.  IV  2;  Kan.  I  1;  Mont.  VII  2;  N.C.  Ill  1;  N.D.  Ill  82; 
Ore.  VI  1;  S.D.  IV  12;  Utah  VII  2;  Wis.  VI  1;  Wyo.  IV  11.) 
Same  as  for  members  of  lower  house.  (La.  79.) 
At  general  election.  (Colo.  IV  3;  N.Y.  V  1,  2.) 
At  general  biennial  election.      (Mich.  VI   1.) 

At  general  election  in  1876  and  every  four  years  thereafter.    (Mo. 

V  2.) 
Biennially  at  first  session  of  legislature.      (Me.  Pt.  Ill  1.) 
Biennially  at  first  Tuesday  after  first  Monday  of  November.   (Vt. 

II  35.) 
Tuesday  after  first  Monday  in  November,  at  places  for  voting  for 

members  of  legislature.     (Ohio  III  1.) 
Tuesday  after  first  Monday  in  November,  1S72,  and  every  four 

years  thereafter.     (111.  V  3.) 
Tuesday  after  first  Monday  in  November,   1870,  and  biennially 

thereafter.      (Nebr.  V   1.) 
Tuesday  after  first  Monday  of  November,    1886,  and   biennially 

thereafter.     (Conn.  Amend.  XXVII  1.) 

At   town,    ward    and   district   meetings    on    Tuesday    after    first 

Monday   in    November,    1912,    and   biennially.      /R.I.   Amend. 

XVI.) 
Returns  and  Canvass 

Contested    elections,    See    below,    this    subdivision,    Contested 

Elections. 
Election   in   case   of   tie   vote,   See   below,    this   subdivision,   Tie 

Vote. 
Returns  made  in  manner  prescribed  by  law.     (Ida.  IV  2;  Mont. 

VII  2;   Vt.  II  40.) 
Same   as   for  governor.      (Cal.   V    17;    Ga.   V  Sec.   II   1;    Mass. 

Amend.  17;  Miss.  V  133,  143;  Nev.  V  19.) 
Fact  of  election  ascertained  as  in  case  of  governor.     (Va.  V  SO.) 
Votes  to  be  returned,  counted,  canvassed  and  declared  by  treas- 
urer and  comptroller.     (Conn.  IV  IS.) 
Majority  vote  necessary  to  choice.      (Ga.  V  Sec.  I  5,  Sec.  II  1.) 


Index    Die; 


SECRETARY  OF  STATE   (Cont'd) 
Election    {Cont'd) 

Returns  and  Canvass    (Coi 
Majority  of  electoral   vote 
meceBsary  to  choice,     i  \h--    \ 
Specific  provisions  appear  in  con  til  i 
election  of  g<n  ernor,  ai  e  n<  i 
Election.      (Ala.   V    115;    Ark.   \  l\ 

Kan.    1    2;    Minn.    \     2;    M 
Ohio  111  3,  4;  Wash.  Ill    1;  W.Va    VI 

Failure  to  Elect 

Legislature,  on   organization,  '  in 

elect,  by  majoritj  vote,  person  to  fill  11 

for   full   term  and  until   SU<  i 

Failure  to  receive  highest  numbei   ol    • 

Contested  Elections 

Procedure  in  case  of  tie   vi 

Determined  as  prescribed  by  law.     I  Ida.  I\ 

Determined  by  legislature  in  mai  i 

V  115;  Ga.  V     Sec  I  6,  Sec.  11   1;  Wo  ih    111 

Determined  by  both  houses  ol 

ner  prescribed  bj  law.     (Colo.  IV  3;  111.  \ 

Determined  by  members  of  both  h« 

session  of  legislature  after  election   in   which 

Contests  concerning  vote  of  countj   oi 
majority  of  whole  number  of  mei 
viva  voce  vote  recorded  in  journal  \ 

Tie  Vote 

Legislature  at  next   regular  session  b 
vote  one  of  persons  in  t,e.     (Am.  1    I, 

Legislature  by  joint  vot, 

4,17;  Colo.  IV  ::•.   01.  \    Is   Kan    I 
Nev.  V  4,19;  N.C.  Ill   8;  Ohio   II! 

Legislature  by  join.- 

of  member*  elected  n< 
Legislature!,  joint  vote  without    I 

wislature  on  second  day  ol 

^tLteoneof,,, inl 


1278  State  Constitutions 


SECRETARY  OF  STATE   (Cont'd) 
Election    (Cont'd) 

Tie  Vote   [Cont'd) 

If  failure  to  elect,  or  if  person  elected  dies,  legislature  on  or 
before  third  Wednesday  in  January  thereafter,  to  choose  by 
joint  ballot,  one  of  persons  in  tie.  (Mass.  Amend.  17.) 
If  no  person  has  majority,  legislature  immediately  to  elect  one 
of  two  persons  having  highest  vote,  election  by  viva  voce  vote, 
and  majority  of  members  present  necessary  to  choice.     (Ga.  V 

Sec.  I  5,  Sec.  II  1.) 
If  no  person  receives  majority  of  electoral  votes  and  also  majo- 
rity of  popular  vote,  lower  house   elects  one  of  two  persons 
having  highest  number  of  popular  votes.     Election  by  viva  voce 
vote  recorded  in  journal.      (Miss.  V  133,  141.) 
Election  to  Fill  Vacancy,  See  below,  this  title,  Vacancy  in  Office. 
Expenses,  See  above,  tliis  title,  Compensation. 
Fees 

As  to  whether  fees  may  be  received,  See  above,  this  title,  Compensa- 
tion —  Compensation  Other  Than  Salary. 
Fees  and  profits  to  be  covered  into  treasury.      (N.D.  Ill  84;   Wyo. 

IV  13.) 

Fees  payable  by  law  to  be  paid   in  advance   into  treasury.      (Ark. 

XIX  11;   Colo.  IV   19;   111.  V  23;   Mo.  V  24;   Nebr.  V  24;   W.Va. 

VII   19.) 

Fees  payable  by  law  to  be  collected  in  advance  and  deposited  with 

treasurer  quarterly  to  credit  of  state.     (Ida.  IV  19;  Mont.  VII  4; 

Utah  VII  20.) 
Fees  payable  by  law  to  be  paid  at  once  into  treasury.  (Ala.  V  137.) 
Fees  payable  by  law  to  be  collected  and  paid  into  treasury  monthly 

to  credit  of  general  fund.     (La.  81.) 
Fees  to  be  covered  into  treasury.      (Ky.  93.) 

Fees  payable  by  law  to  be  paid  when  received  into  treasury.      (Tex. 

*  IV  23.) 
Fees  received  paid  into  treasury  monthly.     (Va.  V  80.) 
Impeachment 

See  also  Impeachment. 
For  misdemeanor  in  office.      (Cal.  IV  18.) 

For  corrupt  conduct  in  office  or  for  crimes  and  misdemeanors.    (Minn. 

XIII   1.) 
For   crime   in   official   capacity   which   may   require   disqualification. 

(Tenn.  V  4.) 
For   high    crimes   or   misdemeanors,    and    for   misconduct,   habits   of 

drunkenness,  or  oppression  in  office.      (Mo.  VII  1.) 
For  "  high  crimes  and  misdemeanors,  for  nonfeasance  or  malfeasance 
in  office,  for  incompetency,  for  corruption,  favoritism,  extortion,  or 
oppression  in  office,  or  for  gross  misconduct,  or  habitual  drunken- 
ness".   (La.  217.) 
For  wilful  neglect  of  duty,  corruption  in  office,  incompetency,  intem- 
perance in  use  of  liquors  or  narcotics,  or  offense  involving  moral 
turpitude  in  office.      (Ala.  VII  173.) 


T  \ i  >  i  \    [ )  i , 


SECRETARY  OF  STATE   (Cont'd) 
Oath  of  Office 

Form  prescribed,  affirmation  alio*  [inn    \ 

Administered  bj  governor  ...  justice  of  Uighi 
Office  and  Publh    EIecoeds 

Office  to  be  kept  at  seed  (if  govermw  \    I.    ■>•;     \  \ 

Kan.  Sched.  6j  Mich.  \  I   |  KV  12;  N.D.  Ill  \  I   I 

S.D.  IV  12;  Wis.  \  1  2;  Wyo.  IV   11.) 
Office  to  he  kepi  at  seal  of  government,  bul  in 
violent  epidemiesj  governor  may  direel 
porarily  to  other  place.      (Ma.  XV]    , 
Public  records  to  be  kept  at  seal  of 
IV   1;    Ida.   IV    1;    111.   V    1;    l„,l.   \  I 
Nebr.  V  1;  N,M.  V  1;  Okla.  VI  1;  Ore.  VI  5;  Utah  VII  1 

UI  84 ;  W.Vi    VII 
Seal  of  office  to  be  kept  at  seat  of  government  :     . 

Powers  and  Duties 

As  prescribed  by  law.     (Ala.  Y    134,   137;    Ark.  \l 

Conn.  IV  IS;  Del.   Ill    IQ;    l'la.   IV  2lj    III.   \    1.    In4     \l 

IV  22;  Ky.  91,  93;   Md.  II  23;   Mich.  VI    1.  20;    Minn.   \ 

V  133;  Mo.  V  1;  Nebr,  V   1;  Nev.  \    22;   M.Y,  \ 

N.D.  Ill  83;   Okla.   Y!    17;   Ore.   \l   2;    Pa.    I\     I-  \II    U. 

S.C.  IV  24;  S.D.  IV  13;  Tenn.  Ill    17;  Tex.   l\    21;  Ul    h  VII 

Va.  \T  80;  Was],.  Ill  17;  W.Va.  VII    I;  Wis.  \  I 
As  prescribed  in  constitution  and  bj  law.       \n/.  \    . 

Me.  V  Pt.  Ill  4;  Mont.  \  II  1  ;  Okla.  \  I   1 ;  I  Lali  \  II   1  . 
Keeper  of  capitol.      ( Fla.  JY  21;   Miss,  V    ):;. 
To  be  auditor  ex  officio.     i.V.I.  YI1I   1;  Ore.  \  I  2;  Wil    \  I  J 
To  discharge   duties   of   superintendent    of    publii 

otherwise  provided  by  law.      (Ark.  \  I   21.) 
To  be  secretary  of  senate  ex  officio  unless  otherwis 

■  I:  i    \  I   i 
Register  of  prerogative  court,  and  perform  duties  req  i    la 

that  respei  I 
Clerk  of  highest  court.     (N.J.  VI  Se<     I! 
Clerk  of  court  of  impeachment.     (N.J.  VI   Sec.   til    : 
Authenticate  publication  ot  laws.     (Tex.  IV  21.) 
Superintend  office  in  person.     (Mich.  VI   1.) 
Attend  governor   and   council    and    legislature    in    |»  i - 

ties.     (Mass.  Pt.  II  Ch.  II  Sec,  l\   2;  Me.  \   Pt,  III    •.  N.H.  II 
Succession  to  governorship,  Si  •   '  ■'•'•  I  bnor. 
Assist  legislature  in  annual  examination  and 

until  otherwise  provided  by  law.     iV.i.  \lli    I.) 
Clerical  duties  belonging  to  executive  department 
Keeping  of  public  records,  8e<    Pi  Bl  r<    Recoh 
Qualifications  and  DrsQi  \i.ih<\i>. 

Age 

Twenty-five  years.     (Ariz.  V  2;  Colo.  IV  t. 

19;  N.D.  Ill  8  l\    11  i 

Twenty-five  years  at  time  of  election.      |  Ui    \     '  * 


1280  State  Constitutions 


SECRETARY  OF  STATE   (Cont'd) 

Qualifications  axd  Disqualifications   (Cont'd) 
Age    (Cont'd) 

Twenty-five  years    ( at  time  of  election  ? ) .      ( Ida.   IV   3 ;    Mont. 

VII  3.) 
Thirty  years.      (N.M.  V  3;  Okla.  VI  3.) 
Thirty  years  at  time  of  election.     (Ky.  91;  Utah  VII  3.) 
Citizenship 

In   United  States.      (Colo.   IV  4;    Ida.  IV  3;   Mo.  V   19;   Mont. 

VII  3;  N.M.  V  3;  N.D.  Ill  82 ;  Okla.  VI  3;  Wyo.  IV  11.) 
In  United  States  for  seven  years  (preceding  election?).     (Ala.  V 

132.) 
In  United  States  for  10  years  preceding  election  (Ariz.  V  2.) 
In  United  States  for    10  years    (preceding  election?).      (Ga.  V 

Sec.  II  6.) 
In  state  for  two  years  preceding  election.      (Ky.  91.) 
In  state  for  five  years  preceding  election.      (Ariz.  V  2;  Miss.  V 

133;   Utah  VII  3.) 
In  state  for  six  years  preceding  election.      (Ga.  V  Sec.  II  6.) 
Dual  Office  Holding 

Ineligible  to  legislature.     (Ark.  V  7;  Conn.  X  4;  111.  IV  3;  N.D. 

II  37;    S.D.  Ill  3;   Tenn.   II  26.) 
Ineligible  to  legislature  during  term  for  which  appointed.     (Tex. 

III  19.) 
Ineligible  to  legislature,  but   acceptance  of  office  to  operate   as 

resignation  of  seat  in  legislature.     (Mass.  Pt.  II  Ch.  VI  2.) 

Ineligible  to  office  in  either  branch  of  legislature.     (N.D.  II  37.) 

Ineligible  as  governor,  member  of  legislature  or  councillor;  but 

election  to  office  and  acceptance  to  operate  as  resignation  of 

seat  in  chair,  legislature  or  council,  and  vacancy  to  be  filled. 

(N.H.  II  94.) 
Ineligible  to  other  office  during  term  of  service.  (W.Va.  VII  4.) 
Ineligible  to  other  office  during  term  of  office,  except  member  of 

state  board  of  education.     (Mont.  VII  4.) 
Ineligible  to  other  office  during  period  for  which  elected.      (111. 

V  5.) 
Ineligible  to  other  state  office  during  period  for  which  elected. 

'(Nebr.  V  2.) 

Ineligible   to    other   office   or   commission,    civil   or   military,   in 

state   or   under   other   state   or  United   States   or   any   power. 

(Ark.  VI  22.) 
Ineligible  to  office  of  attorney-general,  insurance  commissioner, 
treasurer,  auditor,  prothonotary,   clerk  of  the  peace,  register 
of  wills,  recorder,  sheriff  or  coroner.      (Del.   Ill   11.) 
Electoral 

Must  be  qualified  elector  at  time  of  election.      (Utah  VII  3.) 
Must  have  been   qualified  elector   of   state   for   thiee  years  pre- 
ceding election.      (Okla.   VI   3.) 
Must  have  qualifications  of  state  electors.      (N.D.    Ill  S2;  Wyo. 

IV  11.) 
Any  elector  eligible.      (Nev.  V  19.) 


I 


SECRETARY  OF  STATE    {Cont'd) 
Qualifications  and  Disqi  m.m  u  \, 

Prior  Service  in  Office  as  Disqualification 
Ineligible  as  own  suca  \|;l.  \ 

Ineligible    to    . 

Ineligible  more   than   four   in    anj    period   bI 

Ineligible  miore   than   eight    in   anj    1 1 

VI 

Ineligible  to  state  office  for  h 

consecutive  terms.     (\'.\1.  \    I,  19] 
Residence 

Residence  -during  term,  S<  i 

In   stale   for   two   years    pri  ceding   (  I. 

i\    :»;   K  \     ■ 
In  stale  for  five  years  preceding  election.        Ua.  \    13] 

In  state  for  five  years  preceding  election  ■ 

In  state  continuously    for  five  y(  are 

Sex 

See  also  abeve,  this  subdivision,   I  .\i.. 

Must  he  male.      (Ariz.  V  J;    Mo.  Y    19;   <>Ua.  \  I 
Removal 

By  governor   on   joint    ;;< Id i-<--~   ><i  two-third-   of    - 

eaeli  house  of  legislature   for  good   cause.      (Ark.    \\ 
Impeachment,  See  above,  this  title,  [MPEA<  (IMI 
Residence 

As  qualification  for  office,  See  above,  th\ 

Dl8< 

At  seat  of  government.     (Arii.  Y   1;  Colo.  I\'  1:   fdt    l\ 
Ind.  VI  5;   Md.  II  2£>,    Mo.   Y    1;    Mont.   VII    1;    v 
V  1;  Ore.  YI   5;    Utah  V I  I    1;   VVv.-h.    Ill   24j   W  A 
At  seat  of  government,  except  during  epideirii 
Rotation  in  Office,  See  abW)4,  this  title,  QrMLn 

fications —  Prior  Servk  i:  in  Offk  i 
Term  of  Office 
Length 

Same  as  for  governor.     (Cal.  V  17;   11a.  W  II   I 

During  pleasure  of  governor       (Del.   Ill    1":    Pa.   IV 
During  term  of  service  of  governor.     (Tex.  I\ 
During  term  of  governor  appointing  him. 

1 

One  year.      (Mass.   Amend. 

Two  years.      (Ariz.   V    1  ;    Ark.   \  I    1  ;    ' 

XXVII   2;    [da.    IV    1  ;    Ind.   V\  lj    law   W 

II 


1282  State  Constitutions 


SECRETARY  OF  STATE    (Cont'd) 
Teem  of  Office  (Cont'd) 
Length   (Cont'd) 

Mich.  VI  1;  Minn.  V  5;  Nebr.  V  1;  NJML  V  1  [1914];  X.Y. 
V  1,  2;  N.D.  III  82;  Ohio  III  2,  XVII  2;  R.I.  Amend.  XVI; 
S.C.  IV  24;  S.D.  IV  12;  Wis.  VI  1.) 
Four  years.  (Ala.  V  116;  111.  V  1;  Ky.  91;  La.  79;  Miss.  V 
133,  136;  Mo.  V  2;  Mont.  VII  1;  Okla.  VI  4;  Ore.  VI  1; 
Term.  Ill  17;  Utah  VII  1;  Wash.  Ill  3;  W.Va.  VII  1;  Wyo. 

IV  11.) 
Five  years.     (N.J.  VII  Sec.  II  4.) 

To  serve  until  successor  qualified  (regardless  of  length  of  term 
specified).  (Ala.  V  116;  Ark.  VI  1;  Conn.  Amend.  XXVII  2; 
111.  V  1;  Iowa  IV  22;  Kan.  I  1;  Ky.  91;  Mass.  Amend.  17; 
Minn.  V  5;  Miss.  V  136;  Mo.  V  2;  Mont.  VII  1;  Nebr.  V  1; 
N.D.  Ill  82;  Ohio  III  2;  R.I.  Amend.  XVI;  S.C.  IV  24;  Wash. 

Ill   3;   Wyo.  IV   11.) 
Re-election  to  Same  Office,  See  above,  this  title,  Qualifications  and 
Disqualifications  —  Prior  Service  in  Office  as  Disqualifica- 
tion. 
Time  of  Beginning 

Same  as  for  governor.      (Cal.  V  17;  Fla.  IV  20,  28;  Ga.  V  Sec. 

II   1;   Nev.  V   19;   Va.  V  80.) 
January  first  after  election.     (N.M.  V  1;  N.C.  Ill  1.) 
First  Monday  in  January  after  election.     (Ariz.  V  1;  Ida.  IV  1; 

Ky.  91;  Mont.  VII  1;  Utah  VII  1.) 
First  Tuesday  of  January  after  election.     (R.I.  Amend.  XVI.) 
Wednesday  after  first  Monday  of  January  after  election.     ( Conn. 

Amend.  XXVII  2.) 
First  Thursday  [after]   first  Tuesday  in  January  after  election. 

(Nebr.  V  1.) 
Second  Monday  of  January  after  election.     (111.  V  1;  Kan.  I  1; 

Mo.  V  2;  Ohio  III  2;  Okla.  VI  4.) 
Second  Monday  of  January   after   election  until  otherwise  pro- 
vided by  law.      (Wash.  Ill  4.) 
Second  Tuesday  of  January  after  election.      (Colo.  IV  1.) 
First  Monday  after  second  Tuesday  in  January  after  election. 

(Ala.  V  11G.) 
Third  Wednesday  in  January  after  election.     (Mass.  Amend.  17.) 
March  fourth  after  election.     (W.Va.  VII  1.) 
Vacancy  in  Office 

Filled  by  governor  with  advice  and  consent  of  senate.      (La.  79.) 
Filled  by  governor  for  unexpired  term.      (Ark.  VI  22.) 
Filled  by  governor  until  successor  elected  and  qualified.      (111.  V  20; 

Mont.  VII   7.) 

Filled  by  governor  until  successor  elected  and  qualified  as  provided 

by  law.     (Colo.  IV  6;  Ida.  IV  6;  Nebr.  V  20;  Utah  VII  10;  W.Va. 

VII  17.) 
Filled  by  governor  until   next   annual   election    and   until   smeessor 

qualified.      (Minn.  V  4.) 


I  DlQ] 


SECRETARY  OF  STATE   (Cont'd) 
Vacancy  in  Office  [Cont'd) 

Filled  by  governor  until  disabili 
and  qualified;  unsoundness  of  mind 
on  suggestion  of  goveri  Via.  V    l 

Filled   by  governor   till   disability   removed 
election  at  first  general  election  more  than   : 
occurs,  to  fill  for  remainder  of  unexpired  term. 

During  session  of  legislature,  filled  bj  joint 

people  at  large;  if  vacancy  during  recess,  filled  I 
advice  and  consent  of  council.     (Mass.  Amend. 

Filled  by  legislature  in  joint  convention  if  ir 
ernor   fills   until    successor   elected    by    Legislature    and 

I  ELI.  Amend. 

In  case  secretary  of  state-elect   dies,  removes  fro 

serve,  becomes  insane  or  otherwise  incapacitated,  01    if   I 

elect,  legislature,  upon  its  organization,  to  meel    in  joinl 

tion  and  elect,  by  majority  vote,  person  to  fill  the  of) 

tion    by    legislature    is    because    of    the    failure    of    candidal 

receive  plurality  of  votes  election  to  be  made  from  who 

receive  same  and  largest  number  of  votes.     Person  i 

for  remainder  of  term  or  full  term,  as  ad   until 

successor  qualified.      (R.I.  Amend.  XI  3,  7.) 

Caused  by  impeachment,  displacement,   resignation,  death   or    ii 
pacity  for  other  reason  to  perform  duties,  filled  bj  governi  i 
disability  removed  and  successor  elected  anl  qualified.     \ 
be    filled    by    election    at    first    general    election    more    tli 
days  after  happening,  and  person  elected   to  hold 

pired  term,     i  Kan.  I 

In  case  of  death,  impeachment,  resignation  <>r  other 
by    governor    until    disability    removed    or 
qualified.     Election  to  be  held  at   first   general  election  d 
30    days    after    vacancy    occurs,    and    su< 

full  term. 

When  he   acts   as  governor,   unless   during   tern] 
governor;   vacancy  filled  as  directed   by   constitu 

Failure  to  qualify  deemed  to  create  vacancy. 

SEIZURES,  See  Searches  and  Seizures. 

SENTENCES,  See  Crimes. 

SEPARATION  OF  POWERS,  See  Distribution  or  1 

SHERIFFS 

Under  this  heading  are  digested  those  p> 
to  this  officer.    For  provisions  relating  I 
one,  See  "Public  Officers",  and 

For  liability  of  county  for  acts  of  sheriff, 

ti 


1284  State  Constitutions 


SHERIFFS    (Cont'd) 
In  General 

Sheriff  to  be  member  of  executive  department  of  state.     (Ala.  V  112.) 
Sheriff  to  be  commissioned  by  governor.      (Ark.  VII  46,  48;   Del.  Ill 

22.) 
Legislature  to  provide  by  general  and  uniform  laws  for  election  or 

appointment  in  each  county.      (Cal.  XI  5.) 
Governor   not   to   have   power    to   remit   fees   of   sheriff   in  penal    or 
criminal  cases    (this  occurs  as  an  exception  to  remission  of  fines, 

etc.).      (Ky.  77.) 
When  civil   sheriff  is  party   in   interest  one   of   his   deputies   to   act. 

(La.  142.) 
Governor  to   appoint  sheriff  in  new   county  to  hold  until   next  suc- 
ceeding general  election  and  until  successor  qualifies.     (Mo.  IX  10.) 
Jurisdiction  of  sheriff  not  to  be  regulated  by  local,  private  or  special 

law.     (Mo.  IV  53;  Okla.  V  46;   Pa.  Ill  7;  Tex.  Ill  &6.) 
Practice  of  sheriff  not  to  be  regulated  by  local,  private  or  special  law. 

(Mo.  IV  53;   Okla.  V  46;  Pa.  Ill  7;  Tex.  Ill  56.) 
Legislature    to    have    power    to    "  increase,   diminish,    consolidate    or 
abolish  the  following  county  officers"    (including  sheriff).      (Nev. 

IV  32.) 

Office  of  sheriff  created  for  each  organized  county.      (Okla.  XVII  2.) 

Slier  iff'  to  be  one  of  county  officers.      (Pa.  XIV  1.) 

Local  or  special  legislation  regulating  practice  or  jurisdiction  of  and 

changing   rules   of   evidence   in   judicial   proceedings   of,   forbidden. 

(Tex.  Ill  56.) 
Accounting  fob  Public  Funds 

See  also   helow,  this  title.  Fees. 

To  "  account  to  and  settle  with  "  city  of  New  Orleans  for  fines  and 
judgments   collected   by   him  without  deductions;    all  expenses  to 
be  paid  by  city.      (Criminal  sheriff.)      (La.   142.) 
Failure  to  settle  accounts  renders  ineligible  to  hold  office  of  governor 

or  seat  in  legislature.      (N.H.   II  94.) 
Sheriff  "disqualified  for  the  office  a  second  time"  if  in  default  for 

moneys  collected  by  virtue  of  his  office.  (S.C.  V  30.) 
Laws  to  be  enacted  and  enforced  by  suitable  provisions  in  counties 
requiring  sheriffs  who  receive  or  pay  out  money  for  the  "state, 
county,  district  or  municipal  corporation,  to  make  annual  account 
and  settlement  therefor.  Settlement,  when  made,  to  be  "  subject  to 
exceptions,  and  take  such  direction  and  have  only  such  force  and 
effect  as  may  be  provided  by  law  ",  settlement  to  be  recorded  and 
open  to  examination  of  people  at  convenient  place  appointed  by  law. 

(W.Va.  VI  27.) 

Bond 

For  failure  to  comply  rendering  office  vacant,  See  below,  this  title, 
Vacancy  in  Office — What  Constitutes. 

Shall  become  bound  in  sufficient  sureties  to  state  treasurer  for  faith- 
ful discharge  of  duties  of  office.      (Conn.  Amend.  VII.) 

Before  entering  on  duties  and  as  often  thereafter  as  may  be  deemed 
proper  to  give  bond  and  security  prescribed  by  law.      (Ky.  103.) 


1  M  >  I 


SHERIFFS    {Cont'd) 
Bond   (Cont'd) 

Sheriff  elected  or  appointed  to  gh 

To    give    separate    bonds    for    pel 
capacity"  (collector  of  state,  parish 

cipal),  bonds  to  be  according  I 

Civil    sheriff,    $50,000;    criminal 
examined  in  open  court    (  Neffl 
To  give  such  bond  as  required  by  law. 
May    be    required    to    renew    security 

To  give  security  before  entering  u] 
prescribed  by   law.      (Mo.   IX    10.) 
Bond  to  be  renewed  annually.     (N.J.   VI! 
May    be   required   by    law    to   giv<     ai  i 

• 
To  give  security  to  county  treasurer  in   i 
by  legislature  before  entering  upon  dut 
Compensation 
Salary 

Legislature  to  regulate  "  in  proportion 
To  be  paid  such  salary   or  conij 
quisites   or   emoluments   of   lii- 
fund  as  provided  by  law.     This  sccti-'- 
wise  expressly  provided  by  ((institution. 
Legislature  to  fix  by  law.      ill:..  VII!  :\ 

In  Cook  county  to  receive  as  onlj 

ceeding  salary  of  circuit  court  <  be 

paid  only  out  of  fees  of  tin       : 
In  counties  having  population  of  7 
of  state  treasury  by  salary  fixed  I 
and   deputies   and   necessarj    i 
per  cent,  of  fees  collected  by  him  an 

Salary  in  parish  of  Orleans  prescribed,  i 
Orleans  monthly;   to  receive  no  othei 

For  sheriff  of  Baltimore  including 
pensation  as  may  be  fixed   by   la 
expenses  fixed  by  law  for  conduct 
such  manner  and  at  such   tin 

Legislature    to    regulate    compenwtioi 
and  for  that  purpose  may 

Constitution  class!  ties  ln< 

"  tion  not  exceeding 
000  and  not  exceed  in? 


1286  State  Constitutions 


SHERIFFS    {Cont'd) 

Compensation    ( Cont'd ) 
Salary    (Cont'd) 

$5,000,000,  and  fixes  definite  limits  of  salaries  for  each  class, 
leaving  exact  salary  to  legislature.  These  provisions  to  apply 
to  any  officers  of  county  performing  duties  usually  performed 
by  those  named  regardless  of  title  to  their  offices.     (Wyo.  XIV 

3,5.) 
Other  Than  Salary 

Legislature  not  to  authorize  or  require  and  county  not  to  have 
authority  to  increase  or  decrease  fees  and  compensation  of  any 
public  officers  during  their  terms  of  office,  but  this  not  to 
prevent  legislature  increasing  or  diminishing  allowances  to 
sheriffs  or  other  officers  for  feeding,  transferring  or  guarding 
prisoners.  This  does  not  apply  to  allowances  by  commissioners' 
court   or    boards    of    revenue    to    county    officers   for    ex-officio 

services.      (Ala.  IV  68.) 
Fees   for   sheriff   as   executive   officer   of  circuit   court   of   record 

(for  specified  counties)  to  be  fixed  by  law.  (Fla,  V  30.) 
Parish  to  pay  for  "his  services  in  criminal  matters  —  the  keep- 
ing of  prisoners,  conveying  convicts,  insane  persons,  juveniles, 
lepers,  and  other  persons  committed  to  any  institution  of  the 
state,  service  of  process  from  another  parish,  and  service  of 
process  or  the  performance  of  any  duty  beyond  the  limits  of 
his  own  parish  excepted  — "  not  exceeding  $500  for  each  repre- 
sentative  of   the   parish   in   the   lower   house   of    legislature. 

(La.  120.) 
Compensation  as  tax  collector  not  to  exceed  5  per  cent,  on  sums 

collected  and  paid  over.      (La.   120.) 
Civil  sheriff  in  parish  of  Orleans  to  receive  as  compensation  fees 
allowed  by  law  and  to  pay  his  deputies  and  his  office  expenses. 

(La.  142.) 
Fees,  salaries  and  emoluments  to  be  provided  for  by  law.     (N.C. 

IV  18.) 
Perquisites  and  fees  to  be  prescribed  by  legislature.     (Tex.  V  23.) 
In   addition    to   salary   may   receive   fees   prescribed   by   law   foi 
services  in  civil  cases.      (Wyo.  XIV  2.) 
Deputies  and  Assistants 

Deputy  not  to  be  member  of  legislature.     (Conn.  X  4;  Me.  IX  2.) 
When  authorized   by  county  commissioners  the  sheriff  may  appoint 
such  deputies  and  assistants  as  the  duties  of  his  office  require  at 
compensation  fixed  by  county  commissioners.     (Ida.  XVIII  6.) 
In  Cook  county  number  of  deputies  and  assistants  to  be  determined 
by   rule  of  circuit  court  and  entered   of  record  and   compensation 
to  be  fixed  by  county  board.      (111.  X  91. ) 
Sheriff  not  to  act  as  deputy  for  succeeding  term.     (Ky.  99.) 
Criminal   sheriff  to  appoint  with   approval   judges   of   district   court 
such  number   as  judges   deem  necessary  at   salaries  fixed   by   city 
council  and  paid  by  city;  each  of  such  judges  to  name  one  deputy 
to  serve  as  court  crier  at  specified  salary;   these  to  perform  duties 
required  by  sheriff  when  not  engaged  in  court.      (La.  142.) 


Index    Dig esi 


SHERIFFS    (Cont'd) 

Deputies  ami  Assistants    (Coni 
Acceptance  of  seat  in  Congrc- 

Deputy-sheriff  not  to  be   sheriff  for  m  .   „ 

depi 
Dual  Office  Holding 

Election 
Electors 

To  be  elected  in  each  county  bj 

Ark.  VII  46;  Del.  Ill  22  j   NY.  X   1. 

Tex.  V  23;  Va.  VI 1   110;   Wis.  \  I 
To  be  elected  by  qualified  electoi  i  in  < 

ject  to  change  by  law.     (Ariz.  XII 
Legislature   to   provide   for  elect p 

en. 
To  be  elected  by  legal    voters 

ment)    entitled   to   vote    for    membei 

Voters  of  each  county  to  elect.     (Intl.  VI   . 

■ 
Qualified  voters  of  each  parish,  except  Orl< 
In   parish   of   Orleans  "  a   civil    and  b* 

elected  .by  voters.     (La.  142.) 
Elected   by   people  of  respective   conn 

To  be  elected  by  people  of  the  several  disti 

. 

To  be  elected  in  each  county  in  manner  jm 

county.     I V 
Legislature  to  provide  for  election  by  the 
To   be   elected   by    inhabitant?  of   towna    in    I 

"according  to  the  method  now  practiced"  " 

but  legislature  may  change  manner  1  ;  *opl< 

right  to  elect.    (N.H.   11    3 
To  be  elected  by  "people"  of  county.      (NJ.  VII 
Qualified  voters  of  each  count\    I 

bers  of  legislature".      (N.O.    IV   . 
To   be  elected  by  freemen   of   their 

II 

Legislature  to  provide  by  general  and  uniform  I 

in  eacl 

Time  and  Place 

Legislature  to  provide  by  gei 

or  appointment  in  each  county. 
To  be  elected  in  each  county  at  tl 

lature  are  elected.     This  - 

expressly  provided  by  constituti 
Shall  Be  elected  in  each  county  on 

November.      (Conn.  Amp  rid.   XXVI  I 
At  general  elections.     (Del  01  22;  tad    VI J 


12&8  State  Consthitioxs 

SHERIFFS    (Cont'd) 
i-j  E(  tion    (Cont'd) 

Time  and  Place   (Cont'd) 

To  be  elected  in  each  county.     (Fla.  V  15;  Ky.  99.) 

Legislature  to  provide  by  general  and  uniform  laws  for  election 

of  sheriff  biennially  in  each  county.     (Ida.  XVIII  6.) 
To  be  elected  in  each   county  at  general  election  Tuesday   after 
first  Monday  November,  1882,  and  every  four  years  following. 

(III.  X  8.) 
At  general  election.      (La.  119.) 

If  not  fixed  by  constitution  to  be  at  time  parochial  and  munici- 
pal elections    (New  Orleans) .      (La.   152.) 
On  second  Monday  of  September.      (Me.  IX  10.) 
One  to  be  elected  in  each  county  every  two  years  and   in  Balti- 
more  in    1915   at  general   election   and   every   four  years  there- 
after.     (Md.   IV  44.) 
To  be  elected  biennially   in  each  organized  county.      (Mich.  VIII 

3;  S.D.  IX  5.) 
First  Tuesday  following  first  Monday  November,  1908,  and  every 

four  years  thereafter.      (Mo.  IX  10.) 
At   election  for  legislature.      (N.J.  VII  2.  7.) 
To  be  elected  in  each  organized  county.      (N.D.  X  173.) 
Biennially,  first  Tuesday  after  first.  Monday  November.      (Vt.  II 

Fees 

»S'ee  also  above,  this  title,  Compensation  —  Other  than  Salary. 
Legislature   to   establish   fees   to   be   collected   by   sheriff  for   services 

performed  "  in  the  manner  and  for  the  uses  provided  by  law,  and 

for  this  purpose  may  classify  counties  by  population  ".  (Cal.  XI  5.) 
Fees    (for   acting  as  executive  officer  of  circuit   court  of  record)    to 

be  fixed  by  law.      (Fla.  V  30.) 
In    Cook    county   all   fees,   perquisites   and   emoluments    in    excess  of 

amount  allowed  for  salaries  to  be  paid  into  county  treasury.     (111. 

X  9.) 
Legislature  to  provide  general  fee  bill  or  bill  of  costs  regulating  fees 

and   compensation   in   civil   matters.      (La.    129.) 
To  continue  as  fixed  by  law  until  otherwise  provided  by  law.      (La. 

153.) 
Legislature   to   provide   for   strict  accountability  as   to   fees   collected 

and    all    public   moneys   paid   to   or   which    officially    come    into   his 

possession.      (Wash.  XI  5.) 
Indictment 

Subject  to  for  misfeasance  or  malfeasance  in  office  or  wilful  neglect 
of  duties  in  manner  prescribed  by  law;  but  officer  to  have  right 
to  appeal  to  court  of  appeals.      (Ky.  227.) 

Subject   to    indictment    for    malfeasance,    misfeasance    or    neglect    of 

official  duty.     (W.Va.  IX  4.) 
Peace  of  Office 

To  keep  office  in  town  or  place  within  county  in  which  superior  court 

usually  held.     (Del.  Ill  23.) 

To  hold  office  at  county  seat.     (Mich.  VIII  4.) 

To  keep  office  in  the  county  town.      (Pa.  XIV  4.) 


I  M  >  I  \      I  )  | . 


SHERIFFS    (Cont'd) 
Powers  and  Di  i  i 

To  be  prescribed  U}  law.     (Ariz.  XII  4  \ 

6;    Md.    IV    44;     Mich.    VI 11    3;    NcV.    l\ 

To  be  ex-oflicio  collector  of  tas 

Legislature  to  prescribe  by  general  ai   I   ui 
To  be  conservator  of  peace  in  county  in  \\\ 
To  be  executive  officer  of  circuit  court  i 

counties  and  duties  to  be  fixed  by  law 
In  counties  where  deemed  expedient   li 

of  jailor  with  office  of  sheriff,  and  the  i 

Except  in  specified  parish  to  be  ex-offii 

all  other  taxes  except  municipal   I 

as  such  until  proof  made  that  he  has 

collect  taxes.      (La.   119,   120.) 
Duties  except  as  provided   in   con 

civil    slier  ill*   to   be   executive   officer   of   civil 

Orleans  except  city  courts;   criminal  Bheriff  ' 

of  all  criminal  courts  in  parish;   civil  Bheriff  I 

deputies,  he  to  determine  number. 
To  give   notice   of   elections    authOrizi 

pr<  - 
To   be   ministerial    officer   of   circuit    and    c<     ntj    i 

such  other  duties  as  required  bj    law.  VII  ! 

To   be   collector   of  county   taxes  exci  pi 

inh 
Duties   to   be   performed    by    him    person 

Retiring  to  finish   all  business  and   foi 

and  official  bond  to  remain  in  force.      (YY.Va,   I  \ 

QUALIFICATIONS    AND   DlSQUAI.l  Hf.Vl  1< '.\  .s 

In  General 

If  impeached   and  convicted,  nol    i 

state  during  time  foT  \vhich  be  h 

ineligible  to  office  of  governor 

fails  to  settle  account-  I  iff.  •» 

To  be  prescribed  by  law.     (Ariz.  XII  4 
Twenty-four  years  of  age  at  th 

resident  of  state  two  ye 

he  is  candidate  one  year  n 
Twenty-five  years  of  a* 

of  Baltimore;  citizen  i 

No  person  to  hold  office  after 

r  II 

Sheriff  "disqualified  for  t' 


1290  State  Constitutions 


SHERIFFS    (Cont'd) 

Qualifications  and  Disqualifications   {Cont'd) 
In  General   (Cont'd) 

of  moneys  collected  by  virtue  of  his  office;   ineligible  to  office 
of  governor  or  to  seat  in  legislature  if  he  fails  to  settle  accounts 

as  sheriff.     (N.H.  II  94.) 
To  be  elector  of  county  in  which  elected.     (N.D.  X  173.) 

Dual  Office  Holding 

Acceptance  of  other  office  rendering  office  of  sheriff  vacant,  See 

below,  this  title,  Vacancy  in  Office. 
Previous    service    in    office    as    disqualification,    See   below,    this 

title,  Rotation  in  Office. 
Ineligible  to  seat  in  legislature.      (Ark.  V  7;   Me.  IX  2;   W.Va. 

VI  13.) 

Not  entitled  to  seat  in  legislature.     (Conn.  X  4;  111.  IV  3;  Mass. 

Pt.  II  Ch.  VI  2;  N.J.  IV  Sec.  V  3;   S.D.  Ill  3;  Va.  IV  44.) 

Not  to  hold  office  of  secretary  of  state,  attorney  general,  insurance 

commissioner,     state     treasurer,     auditor     of     accounts,     pro- 

thonotary,   clerk   of  the   peace,   register   of   wills,   recorder,   or 

coroner.     (Del.  Ill  11.) 
Not  to  be  justice  of  supreme  court  or  of  inferior  court;  attorney- 
general;    county   attorney;    state   treasurer;    adjutant-general; 
judge  of  probate;  register  of  probate;  register  of  deeds;   clerk 

of  judicial  courts.     (Me.  IX  2.) 
Not  to  be  at  same  time  judge  or  register  of  probate  or  register 

of  deeds.     (Mass.  Pt.  II  Ch.  VI  2.) 
To  hold  no  other  office.      (Mich.  VIII  5;  N.Y.  X  1;  Wis.  VI  4.) 
Not  to  hold  at  same  time  office  of  register  of  deeds  or  judge  of 
probate;  "  and  never  more  than  two  offices  of  profit  which  may 
be    held   by    appointment    of    the    governor,    or    governor    and 
council,  or  senate  and  house  of  representatives,  or  superior  or 
inferior  courts".      (N.H.  II  93.) 
Not  to  hold  any  office  in  or  be  member  of  either  house  of  legis- 
lature.    (N.D.  II  37.) 
Not   to   hold   office   of   governor,   lieutenant-governor,    justice    of 
supreme  court,  treasurer  of  state,  member  of  ^senate,  member 
of  house  of  representatives,  surveyor-general.      (Vt.  II  50.) 
Not  to  hold  office  of  county  treasurer,  attorney  of  commonwealth, 
county  clerk,   commissioner   of   revenue,   superintendent  of   the 
poor,  county  surveyor,  or  supervisor.      (Va.  VII  113.) 
During  term  and  for  one  year  thereafter  not  to  be  eligible  to  any 

other  office.      (W.Va.  IX  3.) 
Removal 

May  be  removed  under  regulations  prescribed  by  law  for  wilful  neglect 
of  duty,  corruption  in  office,  incompetency,  or  intemperance  in  the 
use  of  intoxicating  liquors  or  narcotics  to  such  an  extent,  in 
view  of  the  dignity  of  the  office  and  importance  of  its  duties,  as 
unfits  the  officer  for  the  discharge  of  such  duties,  or  for  any  offense 
involving  moral  turpitude  while  in  office,  or  committed  under  color 
thereof,  or  connected  therewith.      (Ala.  VII  174,  173,  176.) 


I     !•:         I  )., 

SHERIFFS    [Cont'd) 
Removal    (Cont'd) 

May  be  impeached   as   provided   in 
from  jail  or  from  his  or  hie  deputr 
grievous  bodily   harm  owing  to   ai 
other  grave  fault  of  Bheriff.      Ii    ,• 
be  eligible   to   hold    any    office    in 
had  been  elected  or  appointed. 

May  be  removed  bj   Legislature.     (Conn     \ 

May  be  removed  by  district,  courl  of  don 
Orleans  civil  districl  court,  for  big] 
feasance  or   malfeasance   in   office,   foi    in 
favoritism,  extortion  or  oppression  in  • 
or  habitual  drunkenness.     The  disl 
and   shall   institute   such   suit    on    written 
citizens  and  taxpayers  who  may  enl 
parties  including  petitioning  taxpayers,    mth 
officer  acquitted   petitioning  citizens  liable  i 
visions  for   preference  on   appeal   pending 
suspension  of  accused  officer,      i  La,  222,  I 

May  be  removed  for  maH 

Governor  may  remove  on  giving  copy  of 

'    1     S 
Residence 

To   reside   or   have   sworn   deputy   within    two 

To  be  in  county.      (S.C.  V  30.) 

Shall  reside  in  county  for  which  elected.      (VY.Ya.  I\ 
Rotation  in   Office 

Not  to  be  eligible  as  his  oWn  \ 

Not  eligible   more  than  four  years    in   any    Bir. 

VII 
Not  to  be  twice  elected  in  any  term  of  four  yi  III  i 

Not  eligible  for  re-election  for  four  y< 

which  el 
Not  to  hold  office  for  more  than  two  c 
Not  to  be  eligible  to  re  election  or  to  >  I 

Ineligible  for  two  years  after  termination  of  • 

gible  for  re  election  "  in  Baltimore;  an  '  - 

ment   of    1914    that   sheriff 

eligible  for  re-election.     (Md    [V  44.) 
Not  eligible  to  "  immediately  - 

"  Eligible  only  four  years  in 
appointed  to  till  vacancy  nol  li 

appoint  .  )X 

Three  years  to  elapse  between  U  rms.     (NJ.  VII    I 

Not    to    hob!    Office    for   more    (ban    four    J 

\ 


1292  State  Constitutions 


SHERIFFS    (Cont'd) 

Rotation  in  Office    (Cont'd) 

Not  to  be  eligible  more  than  six  years  in  eight.      (Term.  VII  1.) 
Not  to  be  elected  for  two  consecutive  terms   (deputy  sheriff  not  to  be 
sheriff  for  next  term;    sheriff  not  to  act  as  deputy  to  successor). 

(VV.Va.  1X3.) 
Ineligible  for  two  years  next  succeeding  end  of  term.      (Wis.  VI  4.) 
Term 

Four  years  unless  sooner  removed.      (Ala.  V   138.) 
Two  years.      (Ariz.   XII  3;   Ark.   VII   46;    Del.   Ill  22;    Ind.  VI  2; 
Ore.  VI  6,  VII  16;  S.D.  IX  5;  Tenn.  VII  1;  Tex.  V  23;  Wis.  VI  4.) 
Legislature  to  prescribe  by  general  and  uniform  laws.      (Cal.  XI  5.) 
Commences  first  day  of  June  following  election  and  continues  for  four 

years.      (Conn.  Amend.  XXVIII.) 
Four  years.      (Fla.  VIII  6;   La.   119,   142;   W.Va.  IX   1,  2.) 
To  commence  first  Monday  of  December  after  election  and   continue 

for  four  years  and  until  successor  qualified.      (111.  X  8.) 
To  commence  January  first  next  after  election  and  continue  for  four 

years  and  until  successor  qualifies.      (Ky.  99.) 
Two  years  from  January  1st,  next  after  election.      (Me.  IX  10.) 
Two   years  in   counties;    four   years    in    Baltimore,   and    in   each   case 

until  successor  qualifies.      (Md.  IV  44.) 
Such  as  legislature  prescribes.      (Mass.  Amend.  XIX;  Wash.  XI  5.) 
Four  years  and  unless  removed  until  successors  duly  qualified  to  enter 

on  discharge  of  their  duties.      (Miss.  V  135,  136.) 
Four  years  and  until   successor  qualifies.      (Mo.   IX   10;    S.C.  V  30.) 
Three  years.      (N.J.  VII  2,   7.) 

Three  years  except  that  two  or  four  years  as  legislature  provides  in 

New  York,  Kings  and  counties  co-terminous  with  cities.  (N.Y.  XL) 

Two   years   and   until   successor   qualifies.      (Mont.   XVI   5;   N.C.   IV 

24,  25;   N.D.   X    173.) 
Two  years  from  1st  February  next  after  election.      (Vt.  II  48.) 
Vacancies 

How  Filled 

By  special  election;  but  in  case  of  vacancy  occurring  six  months 
before  next  general  election,  governor  to  fill  by  appointment. 

-   (Ark.   VII   50.) 
Vacancies  caused  by  death  or  resignation  to  be  filled  by  legisla- 
ture.     (Conn.  IV  20.) 
If  unexpired  term  is  one  year  or  more  vacancy  to  be  filled  by 
special  election  called  by  governor  within  60  clays;    if  balance 
of    term    less    than    one    year    governor    to    appoint    therefor. 
Except    in    specified    parish    coroner    to   act    as    sheriff   during 
vacancy;     if    no    coroner,    district    court    to    make    temporary 
appointment;   coroner  not  to  discharge  duties  of  tax  collector 
while  acting  during  vacancy.      (La.   110.) 
If  unexpired  term 'is  more  than  one  year  to  be  filled  by  special 
election   called   by   "  proper   legal    authority "   held  within   60 
days  under  general  state  election  laws;   where  unexpired  term 
is  less  than  one  year  governor  to   fill   with   consent  of  senate 
for  balance  of  term.      (New  Orleans.)      (La.  157.) 


I.M'ia    Dig 


SHERIFFS    (Cont'd) 
Vacancies    {Cont'd) 

How  Filled    (Cont'd) 

Vacancy  to  bo  fill.-d   by  election 

lowing;    but  governor   with 

pointment  until  next  January  1st.      |  "■ 
Governor  to  appoint  for  balance  of  t,  rm.     I  M  t 
Vacancy  to  be  filled   by   county   court 

than  nine  months  prior  to  genera 

special  election  and  appoint  until 

tion  qualifies.    If  vacancj  happ 

to  general  election   court  to  b  :    at 

such  general  election  qualifies.  !X   11.) 

Filled  by  election  by  county  i 
County  commissioners  to  fill  fo 
Occurring  subsequent  to  an.  ele  I 

successor,  elected  by  qualified  i  i 

any  county  officers,  qualities.     (Term.  VI! 
To  be  filled  by  commissioner^'  court  until 

for  county  or  state  officers,     (Tex.  Ill 
Filled  by  appointment  and  appointee  to  hob!   f>  i 

tion  of  term  and  until  successor  elect* 

\  I   i 

What  Constitutes 

Conviction    for    misfeasance   or    in 
neglect   of   duties    in    manner    pres 

Failure  to   comply  with   requirement    to   o 

■ 

Acceptance  of  scat  in  Congress  render* 

M .. 
Failure    to    renew    security    from    time    to    tit 

renders  office  vacant.      (Mich.   VI 11    •' 
On  being  elected   am!   taking  scai    in   eithei 

office  of  sheriff  to  be  considered  vacal 
Failure  to  give  new    security   from   tin 

by  law   renders   ollice  vacant.      (N.Y.    X    1;    Wi 
Failure  to  qualifv   renders   ofl 
Qualification   of   sheriff   as   member    of 

Conviction  of  malfeasance,  n 

renders  office  vacant.      (W.Va.  IX  4.) 

SHORT  BALLOT 

r,        -j-  ..-        „„    tr,   ,,-hni  nfUcera   are  appoint. 

For  information  as   to   u  hat  ojp,ceia 

SLANDER,  See  Libel  and  SlanmB. 

SLAVERY 

Slavery  prohibited.     (Ma.  D.R.  24;  R.L  I  4.) 

Legislature    to    make    no    la,     r gni*g    ■ 


1294  State  Constitutions 


SLAVERY    (Cont'd) 

Slavery  and  involuntary  servitude  prohibited,  except  as  punishment  for 
crime.  (Ala.  I  32;  Ark.  II  27;  Cal.  I  18;  Colo.  II  26;  Fla.  D.R.  19; 
Ga.  I  Sec.  I  17;  Ind.  I  37;  Iowa  I  23;  Kan.  B.R.  6;  Ky.  25;  Mich. 
II  8;  Minn.  I  2;  Miss.  Ill  1'5;  Mo.  II  31;  Mont.  Ill  28;  Nebr.  1  2; 
Nev.  I  17;   N.C  I  33;   Ohio  I  0;   Ore.  1  34;   Tenn.  I  33;   Utah  I  21; 

Wis.  I  2.) 

No  male  over  21  or  female  over   18  ought  to  be  holden  by   law  to  serve 

any    person    as   slave   unless    bound   by    own  consent    after    arriving   at 

such  age,  or  bound  by  law  for  payment  of  debts,  damages,  fines,  costs 

or   the    like.      (Vt.   I    1.) 
No  indenture  of  negro  or  mulatto  made  out  of  state  valid  within  state. 

(Ind.    I    37.) 
State  never  to  assume  or  pay  any  claim  for  loss  or  emancipation  of  any 

slave.      (N.C.  I   6.) 

No  law  providing  for  payment  by  this  state  for  slaves  emancipated  from 

servitude   in   state   to   be   passed;    legislature   to   establish   measures   to 

obtain  payment  for  such  slaves  from  United  States  and  distribute  same 

to   persons   entitled.      (Md.   Ill   37.) 
Compensation   for   abolition   of   slavery   due   from  United    States.       (Md. 

D.R.    24.) 
Children  of  parents,  one  or  both  of  whom  were  slaves  at  time  of  cohabi- 
tation  recognized  by  father   as  children,  and   whose  mother  was   recog- 
nized by  father  as  his  wife,  capable  of  inheriting  any  estate  of  which 
father  may  have  died  seized  as  though  born  in  lawful  wedlock.      (Va. 

XIV  195.) 
SLEEPING  CAR  COMPANIES 
See  also  Car  Companies. 

For  provisions  relating  to  all  transportation  companies,  See  Transporta- 
tion Companies. 
For   provisions   relating    to    all   public   service   corporations,    See   Public 

Service  Corporations. 
For  proinsions  relating  to  all  corporations,  See  Corporations. 
Appeal   by    removal,   to   supreme  court   from    orders   of   corporation    com- 
mission;   such   cases  given  preference   and   heard   at  all   times.      (N.M. 

XI  7.) 

Appeal  to  civil  courts  from  orders,  rates,  classifications,  etc.,  of  railroad 

commission    irrespective    of    amount,    allowed;     tried    summarily    and 

given  preference  over  all  other  cases.      (La.  285.) 

Appeal   to  "  the  courts  of  this   state  "  from  rates  fixed  by  legislature   or 

board  of  railroad  commissioners  allowed;   fixed  rates  standing  pending 

decision.      (N.D.  VII   142.) 
Declared  to  be  common  carriers,  and  subject  to  liability  as  such.     (Miss. 

VII  195.) 
Declared    to    be    public    carriers,    subject    to    legislative    control.      (N.D. 

VII  142.) 

Legislature   to   prevent    abuses,    discrimination    and    extortion    in    charges 

and   exercise   supervision;    to   provide   penalties   to   extent    of   forfeiture 

of  franchise.      (Miss.  VII   186.  > 


I  M  >  i :  \    1  )  i . 


SLEEPING  CAR  COMPANIES  (Con*1 

Penalty  fur  unlawful  rates  or  violating  ord 

Rates  fixed    and   controlled   by   railroad   eomn 
shorter    than    longer    distance    only    with    | 

Rates  fixed  and  controlled  by  state  corporation 
Rates   fixed   by    railroad   commission    remain    in 

penalty   payable   state   for   each    <: 

■u 

Rates  may  be  regulated  and  controlled   bj    legislatui 
Taxation,  >See  Taxation  —  ASSESS  U  I  ibpora  1 1 

SOCIAL  CORPORATIONS 

Legislature  may  not  incorporate  or  amend  01 
special  law,  if  not  under  control  of  Btate. 
SOLDIERS  AND  SAILORS 

Exemption   from  Taxation,  See  Taxation  — E: 
Pensions 

Pensions  and  gratuities  for  military  Bervie 

of  appropriations  for  charitable  purposes.     (Pa,   III 
Legislature    may    provide    pensions    for    veteran*    ■:    wai 
pendence,    and    their    widows,    on    proof    of 
before  county  court.      (Tex.   XVI   55.) 
Legislature  authorized  at    first  session  after  :i 
provide  proper  and  liberal  legislation  to  guars 
to  every  indigent  or  disabled  Confederi 
and    of    Confederate    states    resident    in    the 

indigent  \\  I 

Taxing   power   may   be   exercised   by    legislature   I 
and  artificial  limbs  for  veteran.-  of  Civil  war 

I 
Legislature  to  provide  pensions  f<>r   ind 

Confederate    army    and    navy    in    Civil    war    ii"«     I 
and   not   able   to   earn   support;    and    for    ii 
soldiers  or  sailors  when   incapable  ol 
subsequent  marriage.     (Mi-.   XIV  21 
Not  to  exceed  $S  a  month  to  be  allowed  ti 
possessing  qualifications  detailed  in  coi 

in  g 

Legislature    not    to    grant    except     for    milil 

III 

Preference  in  Civil  Service.  Bee  dm  Shbvick. 
Quartering  in   Bouse 

In    time   of   peace   quartering   of   soldiers    | 

■ 

In  time  of  pence  quartering  ol  wldiers   pn 
of    owner;    in    time    of    war    permitted 
by   law.      .  Ua.    I    28;    Ariz.   II    27;    Cak  "    • 

I  19-   Fla    Wl  23;    Ida.  I  12:   111.  I! 


1-96  .State   Constitutions 


SOLDIERS  AND  SAILORS    (Cont'd) 

Quartering  in  Hou.se  (Cont'd) 

Ky.  B.R.  22;  Md.  D.R.  31;  Mo.  II  27;  Mont.  Ill  22;  Nebr.  I  18; 
New  I  12;  N.J.  I  13;  N.M.  II  9;  N.C.  I  36;  N.D.  I  12;  Ohio  I  13; 
Okla.  II  14;  Ore.  I  28;  Pa.  I  23;  R.I.  I  19;  S.C.  I  26;  S.D.  VI  16; 
Tenn.   I   27;    Tex.   I  25;    Utah   I   20;    Wash.   I   31;    W.Va.   Ill   12; 

Wyo.   I  25.) 
No  soldiers  to  be  quartered   in  any  house  or  on  any  premises,  with- 
out consent  of  owner  in  time  of  peace;   nor  in  time  of  war  except 
in  manner  prescribed  by  law.      (Ark.  II  27.) 
No  soldiers  to  be  quartered  in  house  in   time  of  peace  except  with 
consent  of  owner  or  occupant;    nor   in  time  of  war  except  as  pre 
scribed  by  law.      (Me.   I    18;    Mich.   II   7.) 
In    time   of   peace   quartering   soldiers    in    house   without   consent   of 
occupant   forbidden;    in    time   of   war   to  be   allowed    only    as   pre- 
scribed by  law.      (Kan.  B.R.  14.) 
In   time  of  peace   quartering  of   soldiers   prohibited,   without   consent 
of  owner;    in  time  of  war   permitted   only   by   civil   magistrate  in 
manner  prescribed  by  law.      (Del.  I  18;  C4a.  I  Sec.  I  19.) 
In  time  of  peace,  soldiers  ought  not   to  be  quartered   in  house  with- 
out  consent    of    owner:    in    time    of    war    ought    not    be    quartered 
except    by    civil    magistrate    in    manner    ordained    by    legislature. 

(Mass.   Pt.   I   27.) 
Forbidden  in   case  of  soldiers  without   consent  of   owner  in   time   of 
peace:  in  time  of  war  ought  not  be  done  except  by  civil  magistrate 
in  manner  ordained  by  legislature.      (N.H.  I  27.) 
Residence,  See  Residence. 
Soldiers'  Home 

To  be  public  institutions  of  state.      (N.D.  XIX  216.) 

Legislature   to   aid    in   establishment   and    maintenance   of   home    for 

Confederate  veterans,   wives   and   women   who    aided    Confederacy; 

husband  and  wife  to  remain  together  in  home.      (Tex.  Ill  51.) 

To  be   controlled   and   managed   by   board   of   commissioners  of   state 

institutions,     subject    to    limitations    prescribed    by    law.      (Nebr. 

IV  19.) 
To  be  established   and   supported   by   state  in  manner   prescribed   by 

law.   ,  (Mont.  XL) 
Legislature  to  appropriate  each  year  for  soldiers'  home,  to  be  main- 
tained by  state;   detailed  provisions  given.      (La.  302.) 
Legislature  to  provide  by  law  for  maintenance  of  soldiers'  home  for 
honorably    discharged    Union    soldiers,    sailors    and    marines    and 
members  of  state  militia  disabled  on  duty  and  who  are  bona  fide 

citizens  of  state.      (Wash.  X  3.) 
State  Aid 

Legislature  may  grant  aid  to  certain,  and  to  their  widows.     Detailed 

provisions  as   to  qualifications.    (Tex.   Ill   51.) 
Appropriations    to    institutions    caring    for    widows    and    ornhans    of, 
may   be  made,  but  must  be  used  for   support  of  such   widows  and 

orphans.     (Pa.  Ill   19.) 
Voting   by,  See  Elections. 


I  \  1 1 1,  \     I  > : . 


SOLICITOR-GENERAL 

Under  this  heading  are  digested  f/io  ■ 

to  this  officer.     For  provisions  relating  i<>  a\ 

one.  See  the  title  Pi  bi  ic  Offici  rs.    In  Ot 

is  known  as  solicitor-general.     For  p 

See  II"'  title  Prose<  ottng    ^ttob   ■ 
Appointed   by  governor   with   advice  and 

made   by    governor    at    leasl    seven    dayB    bcf< 

I"     []    ■ 
Ineligible  to  legislature,  but  acceptance  of 

of  seat  in  legislature.      (Mass.   I"t.   I!    Ch.   \l  2 
Shall  not  continue  to  hold  office  after  election   lo  <  i 

it,  but  acceptance  to  be  resignation  from  offii 

SOLICITORS,  See  Prosecuting  Attorneys. 

SPECIAL  OR  LOCAL  LAWS 

For  making  of  laws  generally,  Set    I  egisi  mini    Pbi 
Amendment  or   Extension  of 

No  existing  special  or  local  lav   to  be 

1 1 

Consideration  by  Standing  Committee 

Before   reference   to   committei  tl,   prh  i 

referred    to   and    considered    b\     joint    standinj 
turned    to    house    in   which   originated    with    si 
whether  object  of  bill   can  be  accomplished   m 
by  court  proceeding,  whereupon  bill  with  ac 
takes  usual  course;  joint  committee  maj   be 
sideration  of  bill  bj    same  proa  lure  as   i 

other 

Definition  of 

Local  law  — one  which  applies  to  any   polil 
divisions  less  than  the  whole;   special  or  prh 

applies  to  any  individual,  association  01 

Embrace  One   Subject   Only 

No   private   or   local   bill    to   embrace   in- 
expressed  in  it.  title.     (N.Y.  Ill    16;  Wis.  H 

Force  of 

Local  and  private  laws  for  benefit  of  com  I 

tions   and   private    persons,    not    ini  I    «"• 

with  constitution,  to  have  for, 

decision    as    to    validity    an  I    to    anj     lin    ' 

t.  : 

Prohibition  Against  Enactment  of 

General  Law,  Power  to  Enact,  Sto  LaWB       Gm 
By  Amendment  of  General  Law 

Not    to   be    amended    SO    as    to    1 

imendmenl  of  general  Ian 


1298  State  Constitutions 


SPECIAL  OR  LOCAL  LAWS  (Cont'd) 

Prohibition  Against  Enactment  op  (Cont'd) 
By  Partial  Repeal  of  General  Law 

Xo  special,  private  or  local  law  to  be  enacted  indirectly  by 
partial  repeal  of  general  law.      (Ala.  IV   105.) 

No  special  or  local  lawT  to  be  indirectly  enacted  by  partial  repeal 
of  general  law,  but  laws  repealing  local  or  special  laws  may 
be  passed.      (Ky.  60;   La.  49;  Mo.  IV  53;  Pa.  Ill  7.) 

Xo  special  or  local  law  to  be  introduced  or  enacted  by  partial 
repeal  of  general  law,  but  laws  repealing  local  or  special  acts 

may   be    passed.      (X.D.    II   70.) 

Partial  repeal  of  general  law  not  to  operate  directly  or  indirectly 

to  enact,  and  not  to  liave  effect  of   enacting,  special,   private 

or   local  law.      (Va.  IV  64.) 
General  Law  Not  to  Contain 

General  law  not  to  embrace  provision  of  private,  special  or  local 

character:      (X.J.   IV   Sec.   VII   4.) 

Prohibition  on    passage   of  local    or    special    law   not   to   prohibit 

legislature    from    enacting    special    provisions    in    general    law. 

(S.'C.  Ill  34.) 
Where  General  Law  Applicable 

Law  to  be  general  and  of  uniform  operation  in  all  cases  where 
general  law  applicable.  (Ind.  IV  23;  Towa  III  30;  Xev.  IV  21.) 
Xo  special  law  to  be  enacted.  (Ariz.  IV  19;  Ark.  V  2-5;  Cal. 
IV  25;  Colo.  V  25;  Ga.  I  Sec.  IV  1;  111.  IV  22;  Md.  Ill  33; 
Mont.  V  26;  Xebr.  Ill  15;  X.M.  IV  24;  X.D.  II  70;  Okla.  V 
59;  S.C.  Ill  34;  S.D.  Ill  23;  Tex.  Ill  56;  Utah  VI  26;  W.Va. 

VI  39;   Wis.  Ill  27;   Wyo.  Ill  27.) 
Xo    special    or    local    act    granting    powers    or    privileges,    to    be 

enacted.      (Ky.    60;    Pa.    Ill    7.) 
Xo  special  or  local  law  to  be  enacted ;  whether  general  act  can 
be   made   applicable    to    be    judicial    question.      (Kan.    II    17; 

Mich.  IV  30.) 
Xo  special  or  local  law  to  be  enacted;  whether  such  circum- 
stances exist  to  be  judicial  question  and  determined  without 
regard  to  any  legislative  assertion.  (Minn.  II  33;  Mo.  IV  53.) 
Xo  special  or  local  law  to  be  enacted  for  benefit  of  individual 
or  corporation  in  cases  which  are  or  can  be  proyided  for  by 
general  law;  in  all  ,cases  where  general  law  can  be  made 
applicable  and  be  advantageous,  no  special  law  to  be  enacted. 

(Miss.  IV  87.) 

Xo  suecial,  private  or  local  law,  except  fixing  time  of  holding 

courts,  to  be  enacted  in  any  case  provided  for  by  general  law; 

courts    to   decide    whether    matter    is    so    provided    for.      (Ala. 

IV  105.) 
Where  Courts  Can  Give  Relief 

Xo  special  act  to  be  passed  where  courts  have  jurisdiction  and 
are  competent  to  give  desired   relief.      (W.Va.  VI   39.) 

Xo  special  or  local  act  granting  powers  or  privileges  to  be  enacted 
where  courts  have  jurisdiction  to  grant  same  or  give  relief 
asked  for.     (Ky.  60;  Pa.  Ill  7.) 


SPECIAL  OR  LOCAL  LAVv 
PfiOHIBJ  I  COJS    Au  \l  SSI 

Where  Courts  Can  Give  R 
No  special,  privati 

.ill.-,  to  be 
court  of  - 

N<>   sp<  cia]   01     i     '!    law  f< 
to  be  ena< 

. 
Legislai  are  noi   to  grai 

which   courts  or  other  tribuii 


In  Special  Cases 

Actions    in    courts,    Si 1 
Coi  BTS. 
Age,     declaring     ;  ■ 
of,  See  Minors. 
Agricultun  Agri- 

ci  1.1  i  kf.. 
Arbitration    court.-,    See 
Coi  rts    — •    Arbitra- 
tion  Coi  RTS. 
Auditors,  See  Courts  - 
Auditors. 
Banks,  See  Banks. 
Boroughs,       See       Bor- 
oughs. 
Cemeteries,    See    Ceme 
teries. 
Charities  and  chai 
institutions, 

Children,  See  Children. 

Church  property,  sale 
See  Religion. 

Cities,   See  Cn 

Citizenship,     restoration 
of    rights    to    peri- 
convicted      of     crime. 
Sec  Crimes     As  m  - 

QUALIFICATION  OB  Dis 

ABILITY. 
Claims  againsl   -' 

Stati     F]    us 
Commissioners, 

Courts  Commts 

Sl<>\ 

Constahles,      S« 


In  i 
Di\ 


3  300 


State  Constitutions 


SPECIAL  OR  LOCAL  LAWS   (Cont'd) 

Prohibition  Against  Enactment  of  (Cont'd) 
In  Special  Cases   (  Con  t'd ) 

Justices'      courts,       See 

Courts   —    Justices' 

Courts. 

Justices  of  peace,  See 
Courts  —  J  ustices 
of   Peace. 

Labor,   See  Labor. 

Liens,  See  Liens. 

Liquors,  See  Liquors. 

Limitation  of  actions, 
See  Courts  —  Limi- 
tation of  Actions. 

Live    stock,    See    Agri- 
culture. 

Magistrates,  See  Courts 
—  Magistrates. 

Manufacturing,  Scr 

Manufacture. 

Masters  in  Chancery, 
See  Courts  —  Chan- 
cery Courts. 

Minors,  See  Minors. 

Municipalities,  See 

Municipalities. 

Names,  See  Names. 

Persons  under  legal  dis- 
ability,   See    Persons 
under      Legal      Dis- 
ability. 

Police         courts.         See 

Courts      —      Police 

Courts. 

Prisons,  See  Penal  In- 
stitutions. 

Property,  Sec  Property. 

Notice  Required  Before  Enactment 
Rule 


Public      contracts,      Sec 

Public    Contracts. 
Public       grounds,       See 

Public  Grounds. 
Public  lands.  Sec  Public 
Lands. 
Public  officers,  See  Pub- 
lic Officers. 
Real  property,  See  Prop- 
erty. 
Refunding    money     paid 
into       treasury,       See 
State   Finances. 
Religious    societies.    See 
Religion. 
Roads,  See  Roads. 
School       districts,     See 
Education. 
Sheriffs,  See  Sheriffs. 
Social   corporations,   See 
Social  Corporations. 
State    debt,    See    State 
Debt. 
Taxes,  See  Taxation. 
Towns.  See  Towns. 
Townships,     Sec    Town- 
ships. 
Venue,    change    of,    See 

Courts  —  Trials. 
Villages,   See  Villages. 
Wards,  See  Municipali- 
ties. 
Waters.    See   Waters. 
Wills.  See   Decedents' 
Estates. 
Women.  Sec  Women. 


No  private  law  to  be  passed  unless  30  days'  notice  of  application 
of   intention   to   pass   such    law   shall    have   been   given,   as   pro- 

vided   by   law.      (N.C   II    12.) 

No  special,  private  or  local  law  to  be  passed  unless  public  notice 

of  intention    to  apply   therefor,  and   of  general   objects   thereof, 

shall  have  been  previously  given;    time,  mode  and   evidence  of 

notice   to    be    prescribed    by    first    legislature.      (N.J.    IV    Sec. 

VII  9.) 


[  N  D] 


SPECIAL  OR  LOCAL  LAWS   .  - 
Notice  Required  Before  E     • 
Rule    (Cont'd) 

No!  to  be  passed  mil. 
lished    in    locality    to    ' 
introduction  of  bill  and  in  mam 
of   publication   to  be  exhibited    in 
(Ark.  V  26;  Ga.  Ill  Sec.  Ml  m 

Not  to  be   passed   unless  notice  of   h 
published  in  locality  to  be  affected  il 
introduction  of  bill  and  in  mai 
state  .Mil. -lam  .  of  conti  mplati  [lav 
to  be  exhibited  in  legislatui 

Not  to  be  passed  unj 

published   in  locality  to  be  affi 
introduction  of  bill  and  in  manner  | 
state  substance  of  law  and   eviden 
hibited  in  legislature  1 

in 

Not   to   be  passed   unless  notice   of   int 
published  without  cost  to  state  in 
days  prior  to  introduction  of  bill  ai 
by  law  for  advertising  of  judicial 
stance  of  contemplated  law  an 
exhibited    in    legislature   before    | 

recital    thai 

Not  to  be  considered  unless  m 
published    for    four    consecuti\ 
published  or  of  general  circulation   in   citj    ■ 
stating  in  substance  contents  of  i 
of  publication  to  be  filed  with 

Not  to  be  passed  unless,  prior  to  inti 
intention,  to  apply  therefor  pul 
in  county  or  counties  to  be  affect) 
four  consecutive  weeks  in  newspaper 
none,  by  posting  for  four  con 
places    therein;    notice    to 
affidavit  of  such  notice   to   b< 

Not  to  be  passed   unless    not 

published   in   locality   to   be   affect 
substance  of  contemplated  law 
provided  by  law  at  Least 
Evidence  of  publication  t< 

Failure  to  Give  Notice 

Courts  to  pronounce  v« 

journals  do  not   affirmatii 

with   !■ 


1302  State  Constitutions 

SPECIAL  OR  LOCAL  LAWS   [Cont'd) 
Passage 

Affirmative   vote    required   on    bills    appropriating   public    money    for 
local  or  private  purposes,   See  Appropriations. 
Reference  to  Committee 

No  local  or  private  bill  to  be  passed  by  either  house  until  referred 
to  standing  committee  thereof  and  reported  back  with  recom- 
mendations that  it  pass,  stating  affirmatively  reasons  therefor  and 
why  purposes  cannot  be  reached  by  general  law  or  by  court  pro 
ceedings;  if  recommendation  against  bill,  not  to  pass  house  unless 
by   arlirinative   vote   of    majority    of    all    members   elected    thereto. 

(Miss.  IV  89.) 
Repeal  of 

Laws  repealing  local  or  special  laws  may  be  passed.     (Ky.  60;  La.  49; 

Mo.  IV  53;  X.D.  II  70;  Pa.  Ill  7.) 

Any  existing  special   or  local  law   may  be  repealed.      (Minn.  II  33.) 

Not  to  repeal  or  modify,  by  special,  private  or  local  law,  except  upon 

notice  given  and  shown  as  in  case  of  passage  of  such  laws.      (Ala. 

IV   107.) 
Time  \\  hen  Effective 

Not  until  approved  by  majority  of  electors  voting  thereon  in  district 

to  be  affected.     (Mich.  IV  30.) 

SPECIAL  SESSIONS,  COURT  OP,  See  CotiBTS  —  Criminal  Courts. 

SPEECH,  FREEDOM  OF,  See  Freedom  of  Speech  and  Publication. 
STANDING  ARMY 

Ought  not  to  be  kept.      (X.C.  I  24.) 

Ought   to  be   avoided   as  far   as   circumstances   and    safety   of   community 

will  admit.     (Tenn.  I  24.) 
Not  to  be  kept  without  consent  of  legislature.      (Ala.  1  "27;   Del.  I  17.) 
Ought  not  to  be  kept  up  without   consent  of  legislature.      (Md.  D.R.  29; 

N.H.  I  25.) 

In  time  of  peace  should  be  avoided  as  dangerous  to  liberty.      (Va.  I  13.) 

Not  to  be  kept  in   time  of  peace.      (Ark.   II   27;    Ariz.  II   27;   Cal.   I    12; 

Iowa  I  14;  Kan.  B.R.  4;  Minn.  I  14;  Nev.  I  11;  N.D.  I  12;  Ohio  I  4; 

Wash.    I   31.) 
In  time  of  peace  should  be  avoided  as  dangerous  to  liberty.      (W.Va.  Ill 

12.) 
Jsot    to   be   kept   in    time   of   peace   without   consent   of   legislature.      (Ky. 

B.R.  22;  Me.  I  17;  Ta.  I  22;  S.C.  I  26.) 
Ought  not   to  be   kept   in  time  of   peace   without   consent   of   legislature. 

(Mass.  Pt.  I   17.) 
Appropriations  for  limited  to  one  year.      (Ala.  I  27.) 
Appropriations  for  limited  to  two  year's  in  time  of  war.      (Iowa  I  14.) 

STATE  AUDITOR,  See  Auditor. 
STATE  BUSINESS  ENTERPRISE 

State  to  have  right  to  engage  in  industrial  pursuits.     (Ariz.  II  34.) 

"  Right  of  the  state  to  engage  in  any  occupation   or  business  for  public 

purposes  shall  not  be  denied,  nor  prohibited  ",  except  state  not  to  engage 

in   agriculture   for   other  than   educational   and   scientific   purposes   and 

for  support  of  its  penal,  charitable  and  educational  institutions.      (Okla. 

II  31.) 


I.mh  .    Digest 


STATE  BUSINESS  ENTERPRISE   (Cont'd) 

Legislature   empowered  to  erect,  purchase,   o, 
more    terminal   grain  elevators   in   the   state,   an 
spection,    wcghing   and   grading   of    all    grain    r. 
applies  to  elevators  in  Mi  .   and  Wisconsin 

State  not  to  be  interested  in  any  private  or  - 

State  shall  not  become  part  owner  in  the  buftini 

State  not  to  undertake  to  earn   on  business  of  any  pub!i( 

poration  or  a  tioi 

Banks 

See  Banks  —  State  Bank. 

See  Banks  —  State  Interest  in. 
Canals,  See  Canals  —  State  Canai  -. 
Joint  ownership,  See  Public  Property      State  Ownership 
Slate    as    stockholder    in    corporation,    See    Public    Pbi 

OWN!  RSHIP    PROUII 

STATE  CAPITAL,  See  Seat  of  Government. 

STATE  COMPTROLLER,  See  Comptroller. 

STATE   DEBT 

For  exemption  of  from  taxation,  See  Tan  \  1  m\ 
Existing  Time  Adoption  Constitution,  Assumption 
For  provisions  limitiinj  amount  of  state  debt  ■ 
the  compulation  of  debts  existing   time  adop\ 
determining  whether  existing  debt 
below,  this  title,  Limit  of  A  mm 
For  provisions  respecting  power  to   men 

fund   debts   existing   time   adoption   constitute 
title,  Purpose  —  Payment  Existing  Debts. 
"All    debts    contracted    and    engagements    entered    into, 

adoption  of  this  constitution"  to  be  valid 

\1\ 

Debts,   liabilities  and   Obligations  of  territory   in   I 
admission  of  state,  assumed.     (Ida.  XXI    19;    M 
No.   1    (3):   Nev.  XVII   7:    N.D.  XVI 

XIII  6.   7.   8,   XXII    (3),  XXVI   IS    (3)  j    Utah    III    (3    :    V\ 
XXVI   (3)  ;  Wyo.  Ord.  Sec.  4.) 

For  payment  of  territorial  deW    assumed 

not   exceeding  in   aggregate    L%   per  cent,  val   • 
in   state.      (Utah   XIV    1.) 

Debts   and   liabilities   of   territory   and   d. 
valid  and  subsisting  a(   time  of  p 
and   shall  be  paid   by  state;    state   Bubi 
eluding  rights  01  indemnity  and  reimbui 
of  the  territory  or  any  of  it-  counties,  bul 
strued  as  validating  territorial   county,  muni 
obligations    or    evidences    t&    indel  hi<*    M 

invalid   at    the  (in-  state  admitted:    but    no  a\ 


1304  State  Constitutions 


STATE  DEBT    (Cont'd) 

Existing  Time  Adoption  Constitution,  Assumption   op.  Repudiation 

(Cont'd) 
of  its  counties  or  municipalities  illegal  at  time  state  was  admitted 
to    be    validated    or    legalized    in    any    manner.      This    irrevocable 
without  consent  of  United  States.     (Ariz.  XX  Sixth.) 
State   assumes   and   pledges   credit    to   payment    of   valid   debts   and 
liabilities    of   territory    and    its    counties   with    subrogation    to    all 
rights   of   territory   or   counties   in   respect   thereto;    but   this   not 
to  be  construed  as  validating  debts   or  liabilities  invalid  at  time 
of  admission  of  state;   legislature  not  to  pass  any  law  validating 
such    invalid    debts    or    liabilities;    these    provisions    irrepealable 
without    consent    of    United    States;    legislature    to    provide    for 
payment   or   refund   of   such   assumed   debts   by   sale   of   bonds   or 
.    otherwise;   bonds  for  such  purpose  to  be  issued  in  series  as  pre- 
scribed.     (X.M.  XXI   3,  IX   1,   3.) 
Obligation    of   debts    contracted    by    state   not    affected    by    ike   con- 
stitution.     (X.Y.  I   17.) 
Legislature   not   to   assume   debts   or   bonds   issued   by   authority   of 
specified  sessions  of  previous  legislature,  excepting  bonds  for  fund- 
ing j)re-existing  state  debt,  unless  approved  by  majority  qualified 
voters  of  state  at  regular  election  held  for  that  purpose.      (X.C. 

I  G.) 
State  not  to  assume  or  pay  Civil  war  debts.-     (Ga.  VII  Sec.  XI   1; 

Mo.  IV  52;  X.C.  I  6,) 
Xo    appropriation   to   be   made    for    payment   of   debt   or   obligation 

created  in  name  of  state  during  Civil  war.      (Va.  XIII   1S6.) 
Specified    railroad    bonds    repudiated.       (Ga.    Amend.    Sec.    6618    p. 

1533,   Code,    1911.) 
Legislature  not  to  pay  interest  or  principal  of  specified  bonds.     (Ark. 

XX,  Amend.    1;    Ga.   VII   Sec.  XI    1.) 
State  not  to  "  assume,  redeem,   secure  or  pay   any   indebtedness  or 
pretended  indebtedness  alleged  to  be  due  the  state  of  Mississippi 
to    any    person,    association    or    corporation    whatsoever    claiming 
the  same  as  owners,  holders  or   assignees,  or  any  bond  or  bonds 
now  generally  known  as  '  Union  Bank  '  bonds  and  *  Planters  Bank  ' 
bonds".      (Miss.  XIV  25S.) 
Prohibition 
In  General 

For  detail  provisions  respecting  debts  for  purposes  mentioned  in 
the  exceptions  under  this  heading,  See  beloir,  tids  title,  Pur- 
pose. 
Xo  debt  to  be  created  by  state;  but  see  exceptions  immediately 
following.     (Ala.  XI  213;  Ark.  XVI  1;  Colo.  XI  3;  Fla.  IX  6; 
Ga.  VII  Sec.  Ill  1,  Sec.  XII  1;  Ind.  X  5;  La.  46;  Mich.  X  11; 
Minn.  IX  7;  Mo.  IV  44;  Ohio  VIII  3;  Pa.  IX  4;  Tex.  Ill  49; 
Va.  XIII  1S4;  W.Va.  X  4;  Wis.  VIII  4,  9.) 
Except  to  pay  "  existing  debt  ",     (Ga.  VII  Sec.  Ill  1;  Pa.  IX  4; 

Tex.  Ill  49.) 
Except  to  refund  "existing"  bonded  debt.      (Ala.  XI  213.) 
Except  to  redeem  "present  outstanding"  debt  of  state.      (Ohio 

VIII  2.) 


I  MH'\      i  )|i.|  .| 


STATE  DEBT   (Cont'd) 
Prohibition  (Cont'd) 
In  General  (Cont'd) 

Except  to  redeem  previous  Liabil 

Except  to  refund  bonds  already   i- 

Except  for  renewal  of  existing  1 1-  when  lh< 

at  maturity  out  of  Binking  fund  ..r  othi 
Except  for  transfer  or  redemption   i 

Except  to  refund  specified  debt   existing  I 
tional  provision.     (La.  324.) 

Except  to  pay  interest  on  Btate  debt,     i  Ind. 

Except  to  supply  deficiencies  of  revenue 
XI  3;  <ia.  VII  Sec  111   I;   Ind.   \   5;    Mich 
Ohio  VIII  1;  Pa.   IX  4;  Tex.   Ill    (9;   V"a.  Kill 

Except  for  expenses  not  provided  for.     (Ohio  \  III   1 
Except    for    extraordinary    expenditu  Mian.    IX    ...    V 

Except  on  occurrence  of  "'  unfbl 
Except  to  erect  public  buildings  for  aa 
Except  to  repel  invasion,  suppress  insurrection  and  d 
in  war.      (Colo.  XI  3;  Ga.  VII  See.   Ill    1;   Mich 
VIII  2;    Pa.   IX  4;   Tex.   Ill    1'J;    Va.   Mil    184 

\  m 

Except   to   repd   invasion   or   Buppresc 

213;  Fla.  IX  6;  La.  46.) 
Except  in  time  of  war  to  suppress  insurrection 

Except   to   aid   United   States   in   time   of   war. 

Except  to  repel  invasion,  suppress  ins' 

threatened  provide  for  public  defense,      (Ind. 

Unless  Approved  on  Referendum 

No  debt  to  be  created  without   referendum; 
immediatelv   following.      (111.    IV 
NM.  IX   8,   15;   X.V.   VII   4j   Okla.    8 

VIII 

Except  bonds  to  pay  or  refund  valid  boi 
Except  debts  "to  pay  auy  pari  of  the  debl  of  the 

Except  for  deficient  -  -e.     <  111.  I 

49;  N.M.  IX  7:  N.Y.  VII  2;  Okla.   X 
Except  to  meet  expenses  no1   provided  I  i 

VII  2;  Okla.  X  23;   Wash.  VIII  1 

Except  for  "neceaBax,  exp 

1  I  \ 


1306  State  Constitutions 


STATE  DEBT    (Cont'd) 
Pkohibition  {Cont'd) 

Unless  Approved  on  Referendum   {Cont'd) 

Except  to  repel  invasion,  suppress  insurrection  or  defend  state 
in  war.  (111.  IV  18;  Iowa  VII  4;  N.M.  IX  7;  N.Y.  VII  3; 
Okla.  X  24;  Wash.  VIII  2.) 

Except  to  repel  invasion,  suppress  insurrection  or  if  hostilities 
are  threatened  provide  for  public  defense.     (Ky.  49.) 

Except  to  amount  of  $50,000,000  for  improvement  of  highways. 

(N.Y.  VII   12.) 

"  No  scrip,  certificate  or  other  evidence  of  state  indebtedness 
shall  be  issued  except  for  the  redemption  of  stock,  bonds  or 
other  evidences  of  indebtedness  previously  issued  or  for  such 
debts  as  are  expressly  authorized  in  this  constitution  *  *  * 
to  the  end  that  the  debt  credit  of  South  Carolina  may  not 
hereafter  be  increased  without  the  due  consideration  and  free 
consent  of  the  people  of  the  state.  The  general  assembly  is 
hereby  forbidden  to  create  any  further  debt  or  obligation 
either  by  the  loan  of  the  credit  of  the  state,  by  guarantee, 
indorsement,  or  otherwise  except  for  the  ordinary  and  current 
business  of  the  state  without  first  submitting  the  question  as 
to  the  creation  of  such  new  debt,  guarantee,  indorsement  or 
loan  of  its  credit  to  the  qualified  electors  of  this  state  at  a 
general  state  election."      (S.C.  X  7,  11.) 

Legislature  not  to  "  pledge  the  faith  of  the  state  for  the  payment 
of  the  obligations  of  others "  without  the  consent  of  the 
people;  but  this  does  not  apply  to  money  deposited  with  the 
state  by  the  United  States.     (R.I.rIV  13.) 

Unless  Compliance  with  Specified  Conditions 

No  money  to  be  borrowed  or  debt  created  by  state  except  pursu- 
ant to  act  of  legislature  passed  by  three-fourths  members 
elected  to  each  house,  except  to  supply  casual  deficiencies  of 
revenue,  repel  invasion,  suppress  insurrection,  defend  state  in 
war  or  pay  existing  debts.     (Del.  VIII  3.) 

Until  state's  bonds  "  shall  be  at  par  "  legislature  not  to  contract 
new  debt  or  pecuniary  obligation  except  to  supply  casual 
deficit  or  suppress  invasion  or  insurrection  without  providing 
in  same  bill  for  special  tax  to  pay  interest  annually.      (N.C. 

V  4.) 

Legislature  not  to  contract  debt  unless  by  law  providing  for 
collection  of  tax  to  pay  interest  and  principal  at  maturity 
except  that  legislature  may  without  levying  such  tax  borrow 
$50,000  for  temporary  deficiencies  and  may  contract  debts  to 
necessary  amount  to  defend  state.      (Md.  Ill  34.) 

Limit  of  Amount 
In  General 

For  limitations  on  amount  of  debts  for  particular  purposes,  See 

beloio,  this  title,  Purpose. 
Fifty  thousand  dollars  in  aggregate,  except   in  case  of  war,  to 

repel  invasion  or  suppress  insurrection,  and  except  not  exceed- 


STATE  DEBT    (Cont'd) 

Limit  of  Amount  (Cont'd) 
In  General  (Cont'd) 

ing  2  per  cent,  o 
ing  and  maintaining  pi 
One  hundred  thousand  do] 
pressing    insu. 

One  hundred  thousand  doll 
dinary    expenses,    makii  g    p  . 

deficiencies  in  revenue, 

reetion   or   defend 

limited  amount  to  be  in  addition 

Two  hundred  thousand  d 

revenue  or  extraordinar; 

suppress    insurrection, 

public   defense   in   case   of   tin 

issued  to  refund  "existing 

of  the  amount  thus  Limited.     (N.D.  Ml   IS 
Three  hundred  thousand  dollars  in 

and  maintaining  state  highways,  or 

tion,  repelling  invasion  or  for  pur] 

not  apply  to  any  money  deposited  with  al 

or  any  money  held  by  state  in  trusl   for   li 

Three  hundred   thousand  dollars   in   b 
invasion/ suppress    insurrection,   def< 

hostilities  be  threatened  provide  I 

so  limited  allowed  "  for  the  purp 

to  transact  its  business  up 

tion";   and  assumption  of  territorial  del 

contracting    such    amount    for    Buch    p 

One  per  cent,  of  assessed  value  of  1  ■■ 

shown   by    las!    preceding 

except  in  case  of  war  to  repel  i: 

One  and  one-half  per  cent  in  a 

property  of  the  state  as  shown  by   I 
purposes  pre  o  Lncuri 

suppress  ii 

debt  may  be  incurred  f 

and  for 

erection  of  public  buildings  and 

Unless  Approved  on  Referendum 
Three  hundred  thousand  d 
war  to  repel  invasion  or  supptf 

One  hundred   thousand    dollar,    in    ag 

.      i    : ;..„    ,,r  ninnri  X" 


war 


to  repel  invasion  or  sup: 


1308  State   (  Vlnstiitttons 


STATE  DEBT    (Cont'd) 

Limit  of  Amount   (Cont'd) 

Unless  Approved  on  Referendum   (Cont'd) 

One*  hundred  thousand  dollars  in  aggregate,  except  for  purposes 
of  war  or  to  repel  invasion  or  to  suppress  insurrection;  but 
"  this  section  shall  not  be  construed  to  refer  to  any  money 
that  has  been,  or  may  be,  deposited  with  this  state  by  the 
government  of  the  United  States".  (X.J.  IV  6,  4.) 
Fifty  thousand  dollars  "  without  the  express  consent  of  the 
people  "  except  "  in  time  of  war  or  in  case  of  insurrection  or 
invasion";  but  this  does  not  refer  to  money  deposited  with 
the  state  by  United  States.  (R.I.  IV  13.) 
Taxes  for  current  year,  except  for  suppression  of  insurrection  or 

provision  for  public  defense.  (Wyo.  XVI  2.) 
Two  million  dollars  in  aggregate,  except  in  case  of  war  to  repel 
invasion  or  suppress  insurrection;  this  limitation  to  be  exclu- 
sive of  debt  of  territory  at  time  of  state's  admission,  and 
exclusive  of  debts  incurred  after  January  1,  1911,  for  com- 
pletion and  furnishing  state  capitol,  and  exclusive  of  debt  or 
liability    incurred    by    specified    session    of    state    legislature. 

(Ida.  VIII  1.) 
One  million  dollars  for  extraordinary  expenses  or  public  improve- 
ments, except  to  repel  invasion,  suppress  insurrection  or  defend 
state  in  time  of  war.     (Kan.  XI  6,  5,  7.) 
Debts  Approved  on  Referendum 

No  such  debt  to  be  created  if  total  state  debt  exclusive  of  debts 
of  territory  and  its  counties  assumed  by  state  would  thereby 
exceed  1  per  cent,  of  assessed  valuation  of  taxable  property 
in  state  as  shown  by  last  preceding  general  assessment;  this 
does  not  prevent  issue  of  bonds  to  refund  or  pay  valid  bonds 
of  state.  (N.M.  IX  8,  15.) 
Law  Authorizing 

As  to  application  of  referendum,  provisions  to  bills  authorizing  crea- 
tion or  funding  of  debt,  See  Initiative  and  Referendum. 
For  provisions  prohibiting  incurring  of  debts  or  prohibiting  incurring 
of  debts  beyond  a  limited  amount  unless  authorized  by  law 
approved  on  referendum,  See  above,  litis  title,  "  Prohibition  — 
Unless  Approved  on  Referendum";  and  "  Limit  Amount  — 
Unless  Approved  on  Referendum  ". 
Procedure  on  Passage  in  Legislature 

Laws  to  raise  money  on  credit  of  state  or  to  pledge  faith  of 
state  for  payment  of  any  debt  must  be  read  "  three  several 
times  "  and  pass  "  three  several  readings  "  on*  three  different 
days  and  agreed  to  by  each  house  and  yeas  and  nays  on 
second  and  third  reading  entered  on  journals.  (X.C.  II  14.) 
Vote  to  be  taken  by  yeas  and  nays  entered  on  journal.  (Ala.  II 
13;  Kan.  XI  5;  Minn.  IX  5;  N.Y.  Ill  25,  VII  4;  Okla.  X  25; 

Va.  IV  50;  Wis.  VIII  8.) 
Three-fifths    of    members    elected    to    each    house    required    for 

quorum.      (X.Y.  Ill  25;  Wis.  VIII  8.) 


Imikx    Digi 


STATE  DEBT   [Cont'd) 

Law  Ai  thokizi  m.   i  ( 'ont'd) 

Procedure  on  Passage  in  Legislaiu: 
On  final  passage  in  each   hou 
bill  pass  and  ought   the  Bam* 
people?"     (N.Y.  VU    I.  Okla.  X  i 
Vole  Required  for  Passage  by  Legislature 
Majority  of  members  elected  to  < 

46;  Va.  IV  50;  Wis.  \  III 
Two-thirds  membei  s  of  <  ach  h< 
Throe  fourths  of  members  elected  to  • 
supply  casual  deficiem  ii 
insurrection,  defend  state  in  wai  oi  ps 

\  III 
Specification  of  Purpose 

To  specify  distinctly   some  single  work  i  i 
to  be  created.      (Cal.  XVI    I  ,   Colo.   XI    I 
VII   Sec.   IV   l;   Ida.  Vlll    1  •.    Iowa   \  II 
ITS;   Minn.  IX  5;    Mont.  XIII   2;    Nev.   1' 
N.Y.  VII    1;   N.I).  XII    L82;  Okla.  X    16, 

WU  VIII 
Law    authorizing   borrowing   of    monej    to    »\ 

which  to  be  used.     (Pa.  IX  5.) 
No  law  to  authorize  any  debl  except  foi   pur] 

Provision  for  Payment  of  Interest  and  Principal 

See  also  below,  this  title,  "  teWSMPTIOH  ".  I 

In  General 

To  provide  ways  and  means  excll 

of  interest  as  it  falls  due  and  prin 

XVI  1;  Ida.  \  111   1;  N.l.  tV  6,  4;  Waal     Vlll  I 
To  provide  for  payment  of  interest   annu 

when  duo,,  from  tax  levied  for  that 

sources  of  revenue.     I  S.D.  XIII  5 
Such  provision  irrepealal  le  until     i 
Provision    to   be   made   at    til f    BUbl 

debt  for  payment  of  interest   thi  r< 

levied    for   purpose    or    from 

(This  provision  not   required 
t  i 

By  Levy  of  Taa> 

To  provide  for  levying  annual  I 
as  it  falls  duo  and  principal   al    D 
[owaVII5;  Kan.  XI  6;  Kj    50;  Md    I 
Mo.  IV  44;  Mont.  XIII  2;  tfe    I 

■■Shall  impose  and 
nual  ta  'm,i"'"  '     ' 

debi   as  .i    falls  duo.  and   also  to 


1310  State  Constitutions 


STATE  DEBT   (Cont'd) 

Law  Authorizing  (Cont'd) 

Provision  for  Payment  of  Interest  and  Principal  (Cont'd) 
By  Levy  of  Tax  (Cont'd) 

principal  of  such  debt "  at  maturity.  This  applies  also  to 
bonds  issued  in  lieu  of  bond  authorizations,  but  not  issued 
prior  to  adoption  of  constitution.     (N.Y.  VII  4.) 

To  provide  for  levying  direct  annual  tax  sufficient  to  pay  in- 
terest as  it  falls  due  and  principal  at  maturity.      (Okla. 

X  25.) 

To  provide  for  payment  of  interest  annually  and  principal 
when  due,  from  tax  levied  for  that  purpose  or  from  other 
sources  of  revenue.      (S.D.  XIII  2.) 

To  provide  for  annual  tax  sufficient  to  pay  interest  semi- 
annually and  principal  at  maturity.     (N.D.  XII  182.) 

No  bonded  debt  to  be  created  or  renewed  unless  law  authoriz- 
ing provides  for  levying  and  collecting  annually  tax  suf- 
ficient to  pay  interest  annually  and  provide  sinking  fund 
for  their  redemption  at  maturity.     (Ohio  XII  11.) 

Until  state's  bonds  "  shall  be  at  par  "  legislature  not  to  con- 
tract new  debt  or  pecuniary  obligation,  except  to  supply 
casual  deficit  or  to  suppress  invasion  or  insurrection,  un- 
less in  the  same  bill  provision  is  made  for  levy  of  "  a 
special  tax  to  pay  the  interest  annually  ".      ( N.C.  V  4. ) 

Proceeds  of  such  tax  to  be  specifically  appropriated  to  pay- 
ment of  interest  and  principal  of  such  debt.  (Kan.  XI  5; 
Minn.  IX  5;  Nev.  IX  3;  N.D.  XII  182;  Wis.  VIII  6.) 

Provision  to  be  made  at  time  of  submitting  law  proposing 
debt  for  payment  of  interest  thereon  annually  from  tax 
levied  for  purpose  or  from  other  sources  of  revenue.  (This 
provision  not  required  to  be  in  law  authorizing.)      (111. 

IV  18.) 

To  be  irrepealable  and  annually  collected  until  proceeds  shall 
have  made  provision  for  payment  of  interest  and  prin- 
cipal; in  case  of  repeal  or  prohibition  of  further  debts 
under  such  law  it  is  to  remain  in  force  "  in  proportion  to 
the  debt  and  liability  which  may  have  been  contracted  in 
pursuance  of  such  law "  and  shall  be  irrepealable  and 
annually  collected  until  proceeds  have  made  provision  to 
pay  and  discharge  interest  and  principal.      (N.Y.  VII  4.) 

Tax  imposed  by  law  authorizing  debt  "  in  proportion  to  the 
debt  or  liability  which  may  have  been  contracted  in  pur- 
suance thereof  "  to  remain  in  force,  be  irrepealable  and  an- 
nually collected  until  principal  and  interest  fully  paid. 

(Iowa  VII  6.) 

Appropriation  of  tax  for  interest  and  principal  not  to  be  re- 
pealed or  taxes  postponed  or  diminisned  until  principal 
and  interest  wholly  paid.  (Minn.  IX  5;  Nebr.  XI  6;  Nev. 
IX  3;  N.D.  XII  182;  Wis.  VIII  6.) 


I  .\  I .  I 


STATE  DEBT   (Cont'd* 

Law  Authorizing  (Cont'd) 
Provision  for  Payment  of  1 
By  Levy  of  Tax  (Coni 
Law  pro1!  iding  foi 

pealable  until  debt  paid,     i  III.  l\ 
Proceeds  of  such  tax  uol  to  bte  applie 
than  that  pro*  ided  in  I 
debt  fully  paid  and  bal 

of  general   fund  of   -'  I  [4 

Not  to  be  applied  to  other  p 
fully  paid  or  holdi 

standing  debl  ;  uoi   to  I"-  i  until  d< 

fill! 
Sinking  Fund 

For  otht  r  provisions  respecting  su 
title,  "  Redemption  —  Jiv  Sin i. 

! 
Law  may  provide  foT  sinking  fund  tl 
a  time  after  incurring  the  debl    m  I 
of  one-quarter  the  time 

Law  to  provide  for  sinking  fund  i 
. 

Every  law  passed  by  legislatui 

loan  1o  provide  for  creation  and  mainb 
for  payment  or  redemption.     (Va.  XIII   1 

Referendum 

As  to  when  referendum   required 
above,  this  title,  "  PBOHIBmON        I 
endtjm  ",   and   "Limit   op   Amotjnt      1  mi-- 

Publication 

Legislature    to   provide    for    publii 
months  at  least  before  "  election  at  whi 

l\ 

"Due"   publication   of   "provisions" 
three  months  preceding  election  at  which 

Law  to  be  published  in  full  in  • 
if  one  published  therein  o 
sive  weeks  pre  ■■•"  "'  whicl 

Taw  to  be  published   in   one  i, 
city  and  county)  if  one  publisl 
next  preceding  election  KN  '   ' 

Ida.  VII!   I:   fowa  VTI  5; 


1312  State  Constitutions 


STATE  DEBT    (Cont'd) 

Law  Authorizing  (Cont'd) 
Referendum    (Cont'd) 

Submission  to  People 

Not  to  take  effect  until  submitted  and  approved  at  general 
election.  (Cal.  XVI  1;  Ida.  VIII  1;  111.  IV  18;  Iowa  VII 
5;  Kan.  XI  6;  Ky.  50;  Mont.  XIII  2;  N.J.  IV  6,  4;  N.M. 
IX  8,  15;  Okla.  X  25;  S.C.  X  11;  Wash.  VIII  3.) 
At  a  general  election  but  not  within  three  months  after  the 
passage  and  not  at  election  when  any  other  law  or  bill  is 

submitted.      (N.Y.  VII  4.) 
Required  to  be  submitted  at  election  held  for  the  purpose. 

(Mo.  IV  44.) 

Law  providing  for  tax  for  payment  of  interest  on  debt  to  be 

submitted  to  people  with  law  authorizing  debt.      (111.  IV 

18.) 
Qualification  of  Electors 

"  Questions  upon  bond  issues     *     •     *     shall  be  submitted 

to  the  vote  of  property  taxpayers  who  shall  also  in  all 

respects  be  qualified  electors  of  the  state."     (Ariz.  VII  13.) 

Women  to  vote  on  question  of  issue  of  bonds  submitted  to 

voters  if  they  have  other  qualifications  and  are  assessed 

for  taxes  in  district  affected.     (Mich.  Ill  4.) 

To  be  submitted  to  qualified  electors  of  state.      (S.C.  X  11.) 

Elections    creating   debts   excepted   from   provision   that   no 

property  qualification  shall  be  required  of  electors.     (Utah 

IV  7.) 
Vote  Required  for  Approval 

Majority  of  all  votes  cast  for  and  against.      (Cal.  XVI   1; 
Ida.  VIII  1;  Iowa  VII  5;  Ky.  50;  Mont.  XIII  2;  N.J.  IV 
6,  4;  N.Y.  VII  4;  Okla.  X  25;  Wash.  VIII  3.) 
Majority  of  votes  cast  at  election  at  which  submitted.     ( Kan. 

XI  6;  N.M.  IX  8,  15.) 
Majority  votes  cast  at  same  election  for  members  of  legisla- 
ture.     (111.  IV  18.) 
Two-thirds  majority.      (Mo.  IV  44.) 
Two-thirds  of  those  voting  on  question.     (S.C.  X  11.) 
Enactment  After  Approval 

If  proposed  law  approved  by  people  on  submission  next 
legislature  to  enact  such  law  and  create  debt  thereby  au- 
thorized subject  to  restrictions  of  constitution  respecting. 

(Kan.  XI  8.) 
Repeal 

As  to  repeal  of  provisions  in  such  laws  for  payment  of  interest 
and  principal,  See  above,  this  subdivision,  Provision  for  Pay- 
ment of  Interest  and  Principal. 
Legislature  may  at  any  time  after  people's  approval  repeal  law  if 
no  debt  has  been  contracted  in  pursuance  thereof.      (Cal.  XVI 

1;  Ida.  VIII  1.) 


1mm:x    1)j. 


TATE  DEBT    (Con; 

I/AW  All  HOEIZING    i<'<,itf<l) 

Repeal    (Cont'd) 
Legislature 

it'  m>  'k'lii   has  beep  eon<  i  acted  in 

at  any  time  forbid  eonl 

in  such  case,  the  tax  Levied  bj 

and   principal    afaall    remain    u 

debt  and  Liability  which  n 

ance  of  such  law  ".     (N.Y.  VII    i 
Ait  any  time  after  approval  b\ 

debt  incurred  in  pursuance  tin 

may  forbid   incurring   further 

\  li 
Not  to  be  repealed  until  dab 

XVI    1;    Colo.   M    4;    1,1a.    \  111    1  .    Mo.    l\ 

Purpose 

Acquisition  Foreign  Territory 

Legislature  with  approval  of  governor  authoi 
provide  for   issuance  of  Btate  bon 
foreign  territory  acquired   by   - 
Aid  to   Local  Community 
Loans  of  Gredii 

For  loans  of  credit  generalh 

All)   TO    1  'lit v ATK   OR    Oobb 

State's  credit  not  to  be  given,  pledged  oi 

pality.     >K 

State's    ereilii     not    to    be 

municipality.     (  Ida.  \  111   2;  Tenn.   II 
state's  credit  not  to  be  given,  pledged  or 

subdivision  of  state.      I  Ky.    177;   I 
State  bonds  not  to  be  issued  or  I 

by   guarantee   or   indorsement    of   bonds 

takings  of  municipality  be   pledg" 

su.-uit  to  art  of  legislature  passed  by  thi 

members  ejected  to  each  1,  VIII  4 

State's  credii   not  to  be  given  or  loa 

pledged   for  payment  of  Uabi  it  i 

tion,'     i  Mo-  LV   ».-.:  Tex    III 
State's  credit  not  to  be  given 

pledged  for  paymenl  of  liabil 

tion;  but  this  does  not  pi 

institutions   Vox   aupp 

'■ 

State's  credii  not   I 

|.<. ration.      (111.   (V  20;    Mich.   X    li 
State's  credit  not  to  be  Loai 

42 


1314  State  Constitutions 


STATE  DEBT    (Cont'd) 
Purpose  (Cont'd) 

Aid  to  Local  Community  (Cont'd) 
Loans  of  Credit  (Cont'd) 

State  not  to  lend  or  pledge  its  credit,  directly  or  indirectly, 
in  any  manner  to  or  in  aid  of  public  corporation  for  any 
amount  or  for  any  purpose  whatever.  (Colo.  XI  1.) 
Except  as  otherwise  provided  in  constitution,  state  not  to 
lend  or  pledge  credit,  directly  or  indirectly,  to  or  in  aid  of 
any  public  corporation ;  but  this  not  to  prohibit  state  mak- 
ing provision  for  care  of  sick  and  indigent  persons;  and 
.  not  to  prevent  issue  of  bonds  to  pay  or  refund  valid  bonds 

of  state.  (N.M.  IX  14,  15.) 
State  bonds  not  to  be  issued  or  loaned  to  nor  state's  credit 
by  guarantee  or  indorsement  of  bonds  or  other  undertak- 
ings of  county  be  pledged  otherwise  than  pursuant  to  act 
of  legislature  passed  by  three-fourths  of  all  members 
elected  to  each  house.  (Del.  VIII  4.) 
State's   credit   not   to   be  granted   to   or   in   aid   of   county. 

(W.Va.  X  6.) 
State's  credit  not  to  be  loaned  to  county.  (Va.  XIII  185.) 
State's  credit  not  to  be  granted  to  or  in  aid  of  township. 

(W.Va.  X  6.) 
State's  credit  not  to  be  loaned  to  city  or  town.      (Va.  XIII 

1S5.) 
State's  credit  not  to  be  granted  to  or  in  aid  of  city.     (W.Va. 

X  6.) 

Assumption  of  Local  Debt 

State  not  to   assume   debt  of   county,   city  or  town.      (Va. 

XIII  185.) 
State  not  to  assume  debts  or  liabilities  of  county,  city  or 

township.      (W.Va.  X  6.) 
Not  to  assume  debt  of  any  county,  city,  town  or  school  dis- 
trict.    (Utah  XIV  6.) 
State  not  to  assume  any  part  of  debt  of  county,  city,  town 

or  municipal  corporation.      (Mont.  XIII  4.) 
Legislature  not  to   assume  debts   of   county,   city,  town   or 

township.     (Ind.  X  6.) 
State  not  to  assume  or  pay  debts  or  liabilities  of  any  public 

corporation.      (111.  IV  20.) 

State  not  to  become  responsible  for  any  debt,   contract  or 

liability  of  any  corporation,  public  or  private,  in  or  out  of 

state.     (Colo.  XI  1.) 
State  not  to  assume  liabilities  of  political,  municipal,  paro- 
chial or  other  corporation  or  association.      (La. .58.) 
State  not  to  assume  debts  of  any  county,  town  or  other  mu- 
nicipal  corporation  unless  such  debt  created  to  repel  in- 
vasion, suppress  insurrection  or  defend  state  in  war.     (Ida, 

XII  3.) 


i.\l»l-.X     L)l(j 


TATE  DEBT   (Cont'd) 
Purpose  [Cont'd) 

Aid  to  Local  Community  (Co 
Assumption  of  Local  Di  bi   1 1 

State  not  to  assume  debts  "t  oouaty, 
tion  unless  created  to  repel  im  ippn  m 

or  defend  state  in  war.       Ore    \i 
Except  as  required  bj  enablii  . 
of  any  county,  municipal  corporation 
sion  of  state  unlee 
in  time  of  war,  to  repel  in\  ■>  lit  n 

ti< 
State  never  to  aseumi 
town,   city    or    "i  b.1 

thereof  unless  incurred  t"  repel  invasion 
rection   or   provide    for    the    publi 
. 

State  forbidden  t<>  assume  an} 

or  township  debt  unit-.-,  u. 

invasion,  suppress  domestic  insurrection, 
war  or  to  assist  state  in  discfa 

State  not  to  assume  any  pari   of  deb!   ■■! 

corporation  or  political  division  <■; 

to  enable  state  to  repel   invasion 

or  defend  itself  in  war.     (Ga.  VII  Se     VIII  1;  K 
Assumption  of  debts  of  county,  city,  town 

corporation  unless  incurred  i"  repel  u 

surrection  or  defend  tin-  atate  in  wai 

I\    . 

State   authorized   to  issue   bonds   payable    •••■ 
at  rate  not  exceeding  6  per  cent.3   payal  l< 
solely  to  reimburse  cities,  town-  and    pi 
-mte  for  expenditures  for  war  purpow 
on  basis  specified;    total   bonds  nc4    I 
and  this  provision  not  to  1 
state  to  be  loaned  directly  or  indirectl; 
pose  or  in  any  other  casi  Me.   tX 

State  not  to  pay  from  any  of  its  fund- 
specified  local  bonds.      (111.  Sched 
Aid  to  Private  or  Corporate  Enterprise 
For  grants  of  state  money  to 

Loans  of  Credit 

For  loans   of  credit   to   .*/.. 

subdivision,  "Am  M   RAJXBOAM    » 
Telegraph  Lraw  "■  and  "An  ro  bU] 
For  loans  of  credit  to'V  '  n*6 

division,  Aid  to  [/><  u  CoMMUitm. 


1316  State  Constitutions 


STATE  DEBT    (Cont'd) 
Purpose   (Cont'd) 

Aid  to  Private  or  Corporate  Enterprise   (Cont'd) 
Loans  of  Credit    (Cont'd) 

Prohibited  for  any  purpose  whatever.     (Ark.  XVI  1.) 
Prohibited  directly  or  indirectly  in  any  case.     (Me.  IX  14; 

N.J.  IV  6,  3.) 

Grants  or  loans  of  credit  in  aid  of  individual,  association  or 

corporation  prohibited.      (Ala.  IV  93;  Ariz.  IX  7;  111.  IV 

20;  Ind.  XI  12;  Mich.  X  12;  Minn.  IX  10;  Mont.  XIII  1; 

Nebr.  XII  3;  Wis.  VIII  3.) 
Legislature  not  to  authorize  state  to  loan  credit  in  aid  of 
any  private  individual  or  corporate  enterprise  or  under- 
taking.    (Utah  VI  31.) 
Grants  or  loans  in  any  manner  to  or  in  aid  of  any  individual, 
association    or    corporation    prohibited.      (Ida.    VIII    2; 
Iowa   VII    1;    Md.    Ill    34;    Ohio   VIII    4;    Tenn.    II    31; 

Wash.  VIII  5.) 
Credit  not  to  be  granted  to  or  in  aid  of  any  person  or  cor- 
poration.     (W.Va.  X  6.) 
Credit   of    state   not    to   be    directly    or    indirectly    granted 
"  under  any  device  or  pretense  whatsoever  "  to  or  in  aid 
of   person,   association    or   corporation.      (Va.   XIII    185.) 
State  not  to  lend  or  pledge  credit,  directly  or  indirectly,  in 
any  manner  to  or  in  aid  of  any  person,  company  or  cor- 
poration   for   any   amount   or   for   any   purpose  whatever. 

(Colo.  XI  1.) 

State  credit  not  to  be  pledged  or  loaned  to  any  individual, 

company,   corporation   or   association.      (Fla.   IX    10;    Ga. 

VII  Sec.  V  1;  Ky.  177;  Okla.  X  15;   Pa.  IX  6.) 

Credit  of  state  not  to  be  pledged  or  loaned  to  or  for  any 

person,   association   or   corporation.      (Miss.   XIV  258.) 
Credit  of  state  not  to  be  loaned  or  pledged  to  or  for  any 

person,    association    or    corporation.      (La.    58.) 
Credit  not  to  be  pledged  or  loaned  for  benefit  of  any  indi- 
vidual, company,  association  or  corporation.      (S.C.  X  6\ ) 
Legislature  not  to  give  or  loan  or  authorize,  giving  or  lend- 
ing of  state  credit  in  aid  of  or  to  any  person,  association 
or  corporation,   or  to   pledge   credit   of   the   state  in   any 
manner  whatsoever  for  payment  of  liabilities,  present  or 
prospective,   of  any  individual,   association   of  individuals 
or  corporation.      (Mo.  IV  45;  Tex.  Ill  50.) 
State  not  to  lend  credit  to  any  company,  association  or  cor- 
poration.     (Cal.  XII  13;   Wash.  XII  9.) 
Credit  of  state  not  to  be  given  or  loaned  in  any  manner  to 
or  in  aid  of  any  individual,  association  or  corporation  or 
private  undertaking;  but  legislature  may  make  such  pro- 
vision  as  it   deems  proper   for   education   and   support   of 
blind,  deaf  and  dumb  and  juvenile  delinquents;   provision 
not  to  apply  to  any  fund  held  for  educational  purposes. 

(N.Y.  VII  1,  VIII  9.) 


l\h!\      Dl( 


5TATE  DEBT   (Cont'd* 

PUBPOs:  'd) 

Aid  to  Private  or  Corporate  Enterprise     | 

•  Lotnt.s 

State  credit  nol  \ 
individual 
support   of   poor.      (NJJ, 

Legislature  not  to  lend 

aid  of  any  person,  asm 

state's  credit  in  anj   a 

individual.  aasociaJ ion 

vent  legislature  granting  aid    I 

of  children  and  aigi 
Not  to  loan  money  or  oredil  h 

corporation    exc 

or  charitable  purposes.      (Nov.  VII] 
Except  as  otherwise  provided  in 

lend  or  pledge  its  credit  directly 

any   person,   association    it    oorpol 

construed  to  prohibit  care  of 

and  not  to  prevent  issue  of  l„ 

bonds  of  state.      (KM,   IX    L4 
State  bonds  not  to  be  issued  or 

nor  state's  en  dit  by  guaT  ■  ■  • 

or  other  undertaki 

wise  than  pursuant  to  ad 

fourths    of    all    niembi 

Legislature  no  power  to  give  or  !•  I  '«  ■>'' 

of    any    person,    association    or 
completion    of    railroads    ui 
adopted   or   in   which   state   h 
unless  referred  to  dir< 
majority  those  voting  theteon.      (N.(      \ 

Assumption  of  Dchts 

Legislature  not  to  assumi 

h 

State  not  to  assume  d 

association  or  individual. 
State  not   to  assumi 

corporation.       v\  .\  a. 
State  not  to  assume  Halo 

tion    or    association. 
State  not  to 

liability,    ol 

out   of    state.  M     '■ 

unless  incurred  in  I 


1318  State  Constitutions 


STATE  DEBT    (Cont'd) 
Purpose   (Cont'd) 

Aid  to  Private  or  Corporate  Enterprise   (Cont'd) 
Assumption  of  Debts   (Cont'd) 

State  not  to  assume  debts  of  any  corporation  unless  created 
to  repel  invasion,  suppress  insurrection  or  defend  state  in 
war.  (Nev.  IX  4;  Ore.  II  8.) 
State  not  to  assume  or  become  responsible  for  debts  or  lia- 
bilities of  individual,  association  or  corporation  unless 
incurred    in    time    of    war    for    benefit    of    state.      (Iowa 

VII  1.) 
State  not  to  pay  or  become  responsible  for  debt  or  liability 
of  individual,  association  or  corporation,  except  for  neces- 
sary support  of  poor;  but  state  may  pay  or  assume  such 
debts  or  liabilities  when  incurred  in  time  of  war  or  de- 
fense of  state.  (S.D.  XIII  1.) 
State  not  to  pay  from  any  of  its  funds,  taxes  or  revenues 
bonds  of  public  exposition  corporation.      (111.  IX  13;  Mo. 

X  12.) 
Aid  to  Railroads  and  Canals 

See  also  above,  this  subdivision,  Aid  to  Private  or  Corporate 

Enterprise. 
Legislature  not  to  loan  credit  of  state  to.      (111.  Amend.   1870- 

1908,  111.  and  Mich,  canal  separately  submitted.) 
Legislature  not  to  pass  law  authorizing  state  to  contract  debt 
for  or  loan  credit  in  aid  of  construction  of  railroad.      (Mont. 

V  38;  Wyo.  Ill  39.) 

State  not  to  lend  or  pledge  credit,  directly  or  indirectly,  in  aid 

of    any   private    enterprise   for   construction   of   railroad;    but 

this  not  to  prevent  issue  of  bonds  to  refund  valid  bonds   of 

state.      (N.M.  IX  14,  15.) 

Legislature  may  authorize,  subject  to  provisions  for  referendum 

for  people's  approval,  debts  for  improvement  of  canals.      (N.Y. 

VII  10.) 
Loans   of  credit  in  aid  of  private  enterprise  forbidden  without 
referendum,   except   for   railroads   not   completed    at   adoption 
constitution  or  those  in  which  state  has  dirept  pecuniary  in- 
terest.    (N.C.V4.) 
Legislature  not  to  authorize  state  to  lend  its  credit  to  any  rail- 
road enterprise  or  undertaking.      (Utah  VI   31.) 
State  not  to  give  or  loan  credit  to  or  in  aid  of  railroad  lines. 

(Wyo.  X,  Railroads  5.) 

Bonds  of  state  not  to  be  issued  to  railroad  company  in  default 

for  interest  on  state  bonds  previously  loaned  to  it,  or  "  that 

shall   hereafter   or   before   such   application   sell   or   absolutely 

dispose  of  any  state  bonds  loaned  to  it  for  less  than  par." 

(Tenn.  II  33.) 

Legislature  may  issue  not  exceeding  $20,000,000  of  state  bonds 

at  not  exceeding  4  per  cent,   interest,  payable  semi-annually, 

for   construction   of  Chicago-Lockport   waterway   and   erection, 


Index   Dig  1:5 i«j 


STATE  DEBT    (Cont'd) 
Purpose  (Cont'd) 

Aid  to  Railroads  and  Canals  [Cont'd] 

equipment   and   maintenance   of   power   pla 
dams  and  appliances.      -  III     \.n,  ad     1- 
canal   separately    Bubmitti 
Legislature  not   to  ize   Liability 

Erie  canal  debt  issued  under  Bpeci 
the  proceeds  of  canal   lands  and   I 

Board  of  commissioners  of  port  ol   \. 
for  cost  of  certain  canal   secured 
paid  out  of  net  receipts.     (La,    Lmend.    ]'.>:■ 

Further    issues    of    "  Minnesota     state    raiir. 
amendment   to   the  constitution    oi    18    - 

Aid  to  Telegraph  Lines 

State  not  to  give  or  loan  credit  to  or  in  aid  of. 

Legislature  not  to  authorize  state  to  lend  It  in  al 

telegraph  enterprise  or  undertaking.      (Utah   \I 

Aid  to  Banking 

Credit  of  state  or  political  subdivision  then 
or  loaned  to  any  banking  company,  associate  a 

Urn,  xin 
Deficiencies  in  Revenue 
In  General 

State  authorized  to  contra 

enue.      (Ariz.  IX  5;  111.  IV  18;   EoWa  VII  2;   Kj 

III   34;   Mich.  X    10;   Nebr.  XII    1  •.   N.M.    IX    7  VI! 

2;  N.D.  XII  182;  Ohio  VIII   1;  Okla. 

I'tah  XIV    L;  III    I.) 

May  be  incurred  on  the  recommendation 

had;  but  if  amount  for  this  purpose  and  for  unforeseen 
emergencies  exceeds  $250,000  in  any  yi 
burred  only  on  act  of  legislature  approv. 
referendum.      (Mo.    IV    44 
Debts  to  supply   "temporary   deficit"   In    treaaury 
year    from    "necessary    delay    in    collectii 
that  vear"  excepted  from  prohibition  of  d<    I         Qa.  VII 
• 

Temporary  loans  for  total  deficiencies  In  I 

gotiated  by  governor. 
Debts  may  be  contracted  "  for  pur] 

to  transact  its  busini  --     n  b     isl 

tion" 

Debt   to   supplv    excepted    from 
state  debt.     (Ind.   X  5;  Pa.  DC  4      to.  IT 


1320  State  Constitutions 


STATE  DEBT    (Cont'd) 
Purpose   (Cont'd) 

Deficiencies  in  Revenue   (Cont'd) 
In  General  (Cont'd) 

Debts  to  supply  excepted  from  general  prohibition  of  debt. 

(Colo.   XI   3;    Va.  XIII    184.) 
Excepted  from  prohibition  without   approval  of  three-quar- 
ter members  elected  to  each  house.      (Del.  VIII   3.) 
Excepted  to  amount  $50,000  from  prohibition  without  levy 

of  tax  to  pay  interest  and  principal.      (Md.  Ill  34.) 
Excepted   from   prohibition   of   debt   while   state's  bonds  are 
under    par,    without    levy    of    special    tax    for    payment    of 

interest.      (N.C.  V  4.) 
Limit  of  Amount 

As   to    limitations  on  amount   of  state  debt  generally,   See 

above,  this  title,  Limit  of  Amount. 
One  hundred  thousand  dollars  in  aggregate.      (Xebr.  XII  1.) 
Two  hundred  thousand  dollars  in  aggregate.      (Tex.  Ill  49.) 
Two  hundred  and  fifty  thousand  dollars  in  aggregate.      (111. 

IV  18;  Mich.  X  10.) 
Five  hundred  thousand  dollars.      (Ga.  VII   Sec.  Ill   1;   Ky. 

49.) 
One  million  dollars  in  aggregate.  (Pa.  IX  4.) 
Xot  in  any  year  to  exceed  one-quarter  of  a  mill  on  each 
dollar  of  taxable  property  and  aggregate  amount  of  debt 
not  at  any  time  to  exceed  three-quarters  of  a  mill  until 
valuation  equal  to  $100,000,000  and  thereafter  such  debt 
not  to  exceed  $100,000.  Valuation  to  be  "that  of  the 
assessment  last  preceding  creation  of  said  debt".      (Colo. 

XI  3.) 

Together  with  debt  for  public  improvements  and  to  defray 

extraordinary  expenses,  not  to  exceed  in  aggregate  $100,- 

000.      (S.D.  XIII  2,  3.) 
Together  with  debt  for  necessary  expenses  not  to  exceed  in 

aggregate  $200,000.      (N.M.  IX  7.) 
Together   with    debt    for    extraordinary   emergencies   not   to 
exceed  in  aggregate  $200,000;   exclusive  of  state  debt  at 
time  of  adoption  constitution.      (X.D.  XII   1S2.) 
Together  with  debt  for  expenses  not  provided  for  not  to  ex- 
ceed in  aggregate  $250,000 ;  but  state's  obligation  to  make 
good  losses   of   permanent   school   or   university   funds  by* 
default  not  to  be   counted  as  part   of  debt  thus  limited. 

(Iowa  VII  2,  3.) 
Debts  "  for  purpose  of  enabling  the  state  to  transact  its 
business  upon  a  cash  basis  from  its  organization  "  not  to 
exceed  in  aggregate,  exclusive  of  interest,  $300 ,000';  but 
assumption  of  territorial  debt  "  shall  not  prevent  state 
from  contracting  additional  indebtedness "  for  this  pur- 
pose.     (Kev.   IX   3,  XVII   7.) 


[  N  D] 


STATE  DEBT   (Cont'd) 
Purposk   (Cont'd) 

Deficiencies  in  Revenue   i « 
Limit  of  A  mount     I 

Together  with  debt  for  a 

not  to  i  imeed   in 
Together  with  debl 

ceed  in  .1. 
Together   with  debts 

exeeed  in  ag 

good  losses  of  permanent  - 

fund  by  defaults  act   I 

limited.     (Wash.    VII]    I.    IX 
Togethi  r  with  debl  for  es  pei 

eeed  in  a.  ...  \  III 

Together   with   debt    for   i 

exceed  in  aggregate  $1  000,000        '•  1 
Together  \\  itli  debts  for  n 

creation    of    public   buildin 

torial  debts  assumed,  not  I 

of  taxable  propertj   of  state. 
Together  with  debts  fur  unfoi 

$250,000    for    any    i  r.    without 

l\ 
Fifty  thousand  dollars  without  compliance  ••■ 

as  to  levying  tax  for  interest  and   redempl  oi    ■> 

to  other  debts.     I  Md.   HI 

Three    hundred    thousand    dollars 

tr< 
Redemption 

As  to  redemption  of  state  ■!■  I 

title,    I 

To  be  repaid  out  of  taxes  lei 

To  be   paid   in   not  more   than    t w 

incurred    within    limit    allowed    with 
within  13  years  if  incurred  beyond  tb 

dan 

Until  temporary  loams 

in  treasury  are  paid  n w   !• 

Expenses  Not  Provided  for 

As   to  limitations  of  amount 
casual  </•  !>■ 
Deficiencies  of  Ri 
State  may  contract   debts  for         ' 
VII  -2:  Ohio  VIII   I;  Okla    \  Mil   1  ■ 

Extraordinary  Expenditures 
For  limitai i      ■ 


1322  State  Constitutions 


STATE  DEBT    (Cont'd) 
Purpose   (Cont'd) 

Extraordinary  Expenditures    (Cont'd) 

State  may  contract  not  to  exceed  together  with  debts  for  public 

improvements  $1,000,000,  without  referendum.      (Kan.  XI  5.) 

State  may  contract  not  to  exceed  in  aggregate  $250,000.      (Minn. 

IX  5.) 
State  may   contract  not  to  exceed  together  with   debt  for   defi- 
ciencies  of  revenue   in  aggregate  $200,000,   exclusive  of   state 
debt  at  time  adoption  constitution.      (N.D.  XII  182.) 
State  may  contract  not  to  exceed  together  with  debt  for  public 
improvements  and  deficiencies  of  revenue,  in  aggregate  $100,- 

000.      (S.D.  XIII  2,  3.) 

State  may   contract   not  to   exceed  in   aggregate   $100,000;    law 

authorizing   to  provide   for  levying  tax  to   pay  interest   and 

principal  within  five  years  from  passage  of  such  law.      (Wis. 

VIII  6.) 
Internal  Improvement 

See  also  State  Finances  —  Expenditures. 

Not   to   be   contracted    except   as    provided    in    the   constitution. 

(Ohio  XII  6.) 

"  State  shall  never  contract  any  debt  for  works  of  internal  im- 
provements " ;  but  state  may  accept  grants  of  land  or  property 
for  such  improvements  and  devote  the  "  avails  of  such  grants  " 
and    appropriate    revenue    therefrom    to    completion    thereof. 

(Minn.  IX  5;  Wis.  VIII  10. J 

State  not  to  lend  money  or  its  credit  in  aid  of.      (Ala.  IV  93.) 

Legislature  not  to  grant   aid   to,  which   shall   involve   credit  of 

state.      (Md.  Ill  34.) 
Necessary  Expenses 

State  may  contract  debts  for.      (N.M.  IX  7.) 

Debts  for  necessary  expenditures  for  jmblic  purposes  excepted 
from  limit  on  total  amount  of  debt.     (Utah  XIV  1.) 

Debts  for  state's  ordinary  and  current  business  excepted  from 
limit  of  amount  which  may  be  incurred  without  referendum. 

(S.C.  X  11.) 
Payment  of  Existing  Debt 

Under  this  heading  are  grouped  provisions  authorizing  the  in- 
curring of  debt  to  fund  "  existing  "  debt  without  undertaking 
to  indicate  whether  this  term  means  debt  existing  at  the  time 
of  the  adoption  of  the  constitution  or  debt  existing  at  the  time 
of  the  proposed  refunding. 

For  provisions  respecting  debts  existing  at  time  of  adoption  of 
constitution,  See  above,  this  title,  Existing  Time  Adoption 
Constitution,  Assumption  or  Repudiation. 

Specific  authorization  to  contract  debt  not  exceeding  $2,115,000 
to  fund  outstanding  state  warrants  and  interest  thereon  pay- 
able at  state's  option  any  time  after  10  and  within  50  years 
from  their  date;  to  be  in  denomination  of  $100  or  any  multiple 
thereof.     Interest,  3  per  cent.,  payable  semi-annually  at  state 


Index   Di< 


STATE  DEBT   (Cont'd) 
Purpose  {Cont'd) 

Payment  of  Existing  Debt      I       I'd) 

treasurer's  office  or  some  plai  e  in 
able  state  treasurer's  office.     STol 
and   accrued   interest   on 
amount    principal    and    inter)  if    ■ 
Special  provision   for   refundu 
school  fund  and  interesl  thereon 

Legislature  may  issue  Btatt    I 
of  interest  bonds  alreadj  issui  d 

Legislature  maj  contract  debt 

part  (it  the  debl  oi  the  state  "  with 
and  without  making  provision  in 
pay  interest  and  principal.     1 1\  \ . 

Detailed  provisions  authorising  board  ot  liqu 
debt  "  to  issue  and  Bell  ot  ex<  bangt 
such  manner,  at  such  tun.-  or  Unit 
such  amounts  and  with  Buch  yearlj  m 
each  year  beginning  the  iir-t  calendar 

and  not  exceeding  51    years   i 

rate  of  interest  not  exceeding   J '  _• 
able   semi-annual  h    as    it    may    deem 
of  the  state  of  Louisiana  in  an  amount 
sum  necessary  to  settle  or  refund"  I 
bonded  debt.      (La.  324.) 

Legislature  may  provide  bj  law  for  funding  of  " 
of  public  corporations".      (Mont.  Ml    - 

Debts  tn   redeem  "present    outstanding"  d< 

lie 

Legislature  to  provide  at  iir*t  session  und< 

ing  "all  outstanding  warrant-  and  other   in< 

Bonds  issued  to  refund  existing  debt  not  to  lx 
of  $200,000,  to  which  state  debt  ia  limit- 

Legislature  may  provide  for  issuing  bonds  in  Lit 
tofore  authorized  but  not  issued",  - 
ing  provisions  for  tax  to  paj   principal  at 
of  redemption  applicable  to  otl 

Excepted  from  prohibition  of  i  i 

Excepted  from  prohibition  of  < "...  til 

Debts  for  renewal  of  exist  ing  I 

maturity  out  of  sinking  fun  I 

hibition  of  incurring  of  debt.     I  M 
Debts  to  refund  "  existing  "  I 

ition  of  incurring  debt 
Debts  to  pay  ng"  del 

curringof  debt.     (Ga.  VII  Sec.  Ill  1;  Pa.  IX 


1324  State  Constitutions 


STATE  DEBT    {Cont'd) 
Puepose   (Cont'd) 

Payment  of  Existing  Debt    (Cont'd) 

Debts  to  redeem  previous  liability  of  state  excepted  from  pro- 
hibition of  incurring  of  debt.     (Va.  XIII  184;  WVa.  X  4.) 

Bonds  to  pay  or  refund  valid  bonds  of  state  excepted  from  pro- 
hibition of  debt  unless  approved  on  referendum.     (N.M.  IX  15.) 

Debts  to  pay  existing  debt  excepted  from  prohibition  without  ap- 
proval  three-fourths   members   elected   to   each   house.      (Del. 

VIII  3.) 
Public  Buildings 

(State  may  contract  debts  "  for  necessary  expenditures  for  public 
purposes  including  the  erection  of  public  buildings  "  not,  how- 
ever, in  aggregate  with  debts  for  deficiencies  of  revenue  and 
for  payment  of  territorial  debt  assumed  to  exceed  1%  per 
cent,  of  value  of  taxable  property  in  state  as  shown  by  last 
previous  assessment  for  state  purposes.      (Utah  XIV  1.) 

In  addition  to  debt  authorized  by  other  provisions  of  constitu- 
tion, legislature  may  increase  public  debt  to  amount  not  ex- 
ceeding .$250,000  "  for  the  purpose  of  erecting  and  completing 
buildings  for  a  hospital  for  the  insane,  deaf,  dumb  and  blind 
asylum  and  state  prison";  legislature  may  provide  for  issu- 
ing and  selling  bonds  therefor  and  shall  appropriate  proceeds 
only  for  the  above  purposes;  bonds  to  be  payable  not  less  than 
10  nor  more  than  30  years  from  their  date  at  the  option  of 

the  state.      (Minn.  IX  14.) 

Xot  to  be  contracted  for  erection  of  state  house  prior  to   1865. 

(Ore.  XIV  2.) 

Xot  in  any  one  year  to  exceed  one-half  mill  on  each  dollar  valua- 
tion taxable  property  and  aggregate  amount  such  debt  not  at 
any  time  to  exceed  $50,000,  but  debt  for  erection  of  public 
buildings  may  be  created  by  law  subject  to  provisions  of  con- 
stitution respecting  laws  creating  state  debts  not  exceeding 
in  aggregate  three  mills  on  valuation  taxable  property  provided 
law  creating  such  debt  be  ratified  by  majority  qualified  electors 
of  state  voting  on  question  at  general  election  under  regula- 
tions prescribed  by  legislature.  Valuation  to  be  "  that  of  the 
assessment  last  preceding  creation  of  said  debt".      (Colo.  XI 

3,  5.) 

State  may  contract  debts  "  for  public  purposes  including  erection 
public  buildings  "  not,  however,  together  with  deficiencies  of 
revenue  and  for  payment  of  territorial  debt  assumed  to  exceed 
1%  per  cent,  of  value  of  taxable  property  in  state  as  shown 
by  last  previous  assessment  for  state  purposes.     (Utah  XIV  1.) 

Public  Improvements 

State  may  contract  debts  for  making;  but  such  debts  together 
with  debts  for  extraordinary  expenses  not  to  exceed  $1,000,000. 

(Kan.  XI  5.) 


!  '  i 


STATE  DEBT    {Cont'd) 
Purpose  (Cont'd) 

Reimburse  School  Fund  Losses   by   Default 
Amount  found  on  aud 
lost   to    permanenl 
defalcation,  mismai 
trolling   same   i 

of  fund  which  sustained  Los       |  [on  i   I  I 
Roads 

Excepted   from   limitation 
lature  not  to  lend  credit  oi 
building  and  maintaining  permanent  i 
for  such  purposes  exceed  - 
property  in   state      (Ore.   M    i 

May  be  authorized  by  law  withoi 
provements;  ami  none  of  i  ; 
only   he   incurred   on    referendum    I 
debt;  aggregate  of  such  debt  in  irred  with     • 
to  exceed   $50,000, <  \.Y.   VII    I 

Legislature  may  authorize  bonds  I 
one  time,   payable   within    11 
cent,   interest  payable   semi-annually,   t •  •   ! 
the    building    and    maintaining    o 
of  such   bonds  outstanding  never 
penditure    of    proceeds    to    I"-    equitably 
counties  of  the  state.      (Me   l\    17.) 
Unforeseen  Emergencies 

State  may  contract  debts  to  pnn 

governor  first  had;  hut  if  amount  for  this 
ficiencies   in   revenue   exceeds   $250,000 
be   incurred   only    on    art    of    I 
on  referendum;  if  incurred  without  refi 
within  two  years   from   creation;    if 
to  be  redeemed  within  13  years.     (Mo.   I 
War  and  Insurrection 

State  may  incur  debts  to  repel  in\ 

defend  state  in  war.      (Ariz.    [X  5;  Iowa  VII    ■ 
X.Y.  VII  3:  Ohio  XIII  -J:  Okla.  \   J  I  .   Pi     IV    ; 
Wash.  VIII   Bj   WlB.  \  HI   7.  i 

State  may  incur  debt  bo  repel  Invasion  • 
but  only  on  two-thirds  vote  of  m< 
yeas  and  nays  and  entered  on  joun 

Legislature  may  issue  stat«  bonds  t, 

■ 

Legislature  may  con*i 

surrection    or   "  if   hostilities    are   ttl* 

public  defense".      (  Ky.    19.) 
Legislature  may  contract  -any  amount    thlit    run 
for   the   defence   of    the    -'  (Md.    HI    J4.) 


1326  State  Constitutions 


STATE  DEBT    (Cont'd) 
Purpose   (Cont'd) 

War  and  Insurrection    (Cont'd) 

State  may  contract  debts  to  repel  invasion,  suppress  insurrec- 
tion  or   defend    state   or   aid   United   States   in   time   of  war. 

(Mich.  X  10.) 

State  may  contract  debts  to  suppress  insurrection  and  provide 
for  public  defense.      (N.M.  IX  7.) 

Debt  to  repel  invasion,  suppress  insurrection  and  defend  state 
in  war  excepted  from  provisions  prohibiting  debt.  (Ga.  VII 
Sec.  XII  1,  Sec.  Ill  1;  Tex.  Ill  49;   W.Va.  X  4.) 

Debts  to  suppress  insurrection,  defend  the  state  or  in  time  of 
war  assist  in  defending  the  United  States  excepted  from  pro- 
hibition of  contracting  debt.      (Colo.  XI  3.) 

Debts  "  in  time  of  war  to  repel  invasion  or  suppress  insurrec- 
tion "  excepted  from  prohibition  of  debt.      (Minn.  IX  7.) 
.    Debt  to  suppress  insurrection,  repel  invasion,  or  "  if  hostilities 
be  threatened  provide  for  public  defense",  excepted  from  pro- 
hibition of  state's  contracting  debt.      (Ind.  X  5.) 

Debt  for  suppressing  insurrection,  repelling  invasion  or  defend- 
ing state  in  war,  excepted  from  prohibition  of  state  debt  unless 
approved  on  referendum.      (111.  IV  18.) 

Debts  to  repel  invasion,  suppress  insurrection  or  defend  state 
in    war,   excepted   from    limitation   on    amount   of   state   debt. 

(Me.  IX  14;  Xebr.  XII  1.) 

Debts  in  case  of  war  to  repel  invasion  or  suppress  insurrection 
excepted  from  limitation  on  amount  of  state  debt,      (Ore.   XI 

7;  Wyo.  XVI  1.) 

Debts  to  repel  invasion,  suppress  insurrection,  defend  state  in 
time  of  war  or  if  hostilities  be  threatened  provide  for  public 
defense  excepted   from  limit   on   amount  of  state  debt.      (Nev. 

IX  3;  N.D.  XII  182.) 

Debts  to  repel  invasion,  suppress  insurrection  or  defend  state  or 
United    States    in   war   excepted    from    limitation    on    amount 

of  state  debt.     (S.D.  XIII  2.) 

Debts  to  suppress  insurrection  or  provide  for  public  defense 
excepted  from  limitation  of  amount  of  debt  which  may  be 
incurred   without   referendum.      (Wyo.   XVI   2.) 

Debt  incurred  in  case  of  war  to  repel  invasion  or  suppress  in- 
surrection, excepted  from  limitation  of  amount  of  state  debt 
which  may   be   incurred   without   referendum.      (Cal.   XVI    1; 

Ida.  VIII  1;  Mont.  XIII  2.) 

Debts  "  in  time  of  war  or  in  case  of  insurrection  or  invasion  " 
excepted  from  limitation  on  amount  of  debt  which  may  be 
incurred  without  referendum.     (R.I.  IV  13.) 

Debts  for  purposes  of  war  or  to  repel  invasion  or  to  suppress 
insurrection  excepted  from  limitation  on  amount  of  debt  which 
may  be  incurred  without  referendum.      (N.J.  IV  6,  4.) 

Debts  to  suppress  invasion  or  insurrection  excepted  from  pro- 
hibition of  debt  while  state's  bonds  are  under  par,  without 
levy  of  special  tax  for  payment  of  interest.      (N.C.  V  4.) 


Index  Digest  1327 


STATE  DEBT    {Cont'd) 
Purpose  {Cont'd) 

War  and  Insurrection   {Cont'd) 

Excepted    from    prohibition    without    approval    of    three-foul 
members  elected  to  each  bouse.      (Del.   \  III    3 
Bonds 

In  General 

Debts  contracted  by  state  to  be  by  loan  on  Biate  bands.     I  Minn. 

IX 
"State  shall  never  issue  any  interest-bearing  treasury   v. 

or  Bcrip."     (Ark.  XVI 
Xo  scrip,  certificate  or  other  evidence  of  state  indebtedness  shall 

be  issued.     (Midi.  X  11 ;  Va,  X  1 1 1   L84s;  Wis.  VIII  9 
Legislature  not  to  issue  bonds  or  other  evidences  of  indebtedness 

except  for  purposes  authorized.     (Mo.   IV  44.  i 
No  scrip,  cei-tificate  or  other  evidence  of  state  debl  to  be  issued 
except  for  redemption  of  stock,  bonds  or  other  evidence  of  <lel.t 
previously  issued  or  for  debts  expressly  authorized  in  coi 

tution.       S.I     '-.   : 
Issue  and  Transfer 

Treasurer   to   issue   no   "  bonds   or   other   securities  "  on 

order  of  comptroller  countersigned  by  governor  in  manner  pre- 
scribed by  law.     (Fla.  IV  24.) 
Xo  bond  or  evidence  of  debt  of  state  to  be  valid  unless  indoi 
with  certificate  signed  by  auditor  and  attorney  general  Bhowing 
that    it   is    issued   pursuant   to   law    and    within    debt    limit. 

(Okla.  X  2 
Xo  bonds  or  other  evidence  of  indebtedness  valid  unless  indoi 
with  certificates  signed  by  auditor  and  secretary  of  state  show- 
ing that   it  is   issued  in   pursuance  of  law  and   within   debt 
limit;     (N.D.  XII  187;  Wyo.  XVI  8.) 
All   bonds,   certificates   or   other   evidence   of   state   debt   to   be 
signed  by  treasurer  and  countersigned  by  comptroller;  DO  new 
certificate  or  other  evidence  intended  to  replace  another  I 
issued  until  the  one  so  replaced  is  delivered  to  the  treasurer 
with  duly  executed  authority  to  transfer  the  same   and    the 
transfer  to  be   made   on   the  treasurer's  books   and   a 
certificate  canceled;  but  legislature  may  provide   for 
loss  of  certificates  or  other  evidences  of  the  state  debt.     |  lid 

VI   S.) 

Comptroller  to  prescribe  forms  for  transfer  of  Btock  or  other  evi 
dences  of  state  debt  and  countersign  the  same  "  without  which 
such  evidence  shall  not  be  valid ''.     (Md.  VI  2.) 

Denomination 

To  be  in  denominations  of  $100  or  any  multiple  thereof  m 
of  specific  authorization  to  fund  outstanding  warrant-.     (Oolo, 

Bonds  for  extraordinary  expenditures  to  be  in  amounts  not  less 

than  $500  each.     (Minn.  IX  6.) 
To  be  in  amounts  of  not  less  than  $50.     (S.C.  X  11.) 


1328  State  Constitutions 


STATE  DEBT    (Cont'd) 
Bonds   (Cont'd) 
Sale  Price 

To  be  sold  at  par  and  interest  in  case  of  specific  authorization. 

to  fund  outstanding  warrants.     (Colo.  XI  3.) 
Not  to  be  sold  by  state  under  par.     (Minn.  IX  6.) 
Record  of 

Treasurer  to  keep  correct  registry  in  numerical  order  to  exhibit 
number  and  amounts  unpaid  and  to  whom  payable.      (S.C.  X 

11.) 
Treasurer  to  keep  register  in  numerical  order  of  bonds  issued 
for  extraordinary  expenses  "  so  as  always  to  exhibit  the  num- 
ber and  amount  unpaid  and  to  whom  severally  made  payable  " 

(Minn.    IX    6.) 
Application  of  Proceeds 

Limited  to  purposes  specified  in  law  authorizing.  (Del.  VIII  3; 
Ga.  VII  Sec.  IV  1;  Ky.  178;  Mont.  XIII  3;  Okla.  X  16;  Pa.  IX  5; 

Utah  XIV   5.) 

Limited  to  purposes  specified  in  law  authorizing  or  to  repayment  of 
debt  thereby  created.  (Cal.  XVI  1;  Ida.  VIII  1;  Iowa  VII  5; 
Minn.  IX  8;   N.Y.  VII  4;  Wash.  VIII  3.) 

Limited  to  purposes  for  which  obtained.      (Utah  XIV   1,  2;   Wash. 

VIII  2.) 

Limited  to  purposes  for  which  obtained  or  to  repayment  of  debt 
thereby  created.  (Ariz.  IX  5;  Iowa  VII  2,  4;  111.  IV  18;  Kan.  XI 
7;  Ky.  49;  Mich.  X  10;  Mo.  X  20;  X.J.  IV  6  (4)  ;  N.M.  IX  9; 
N.Y.  VII  2,  3;   Ohio  VIII   1,  2;   Okla.  X  23,  24;   Wash.  VIII   1; 

Wis.  VIII  7.) 

Balance  left  after  accomplishment  or  abandonment  of  purpose  speci- 
fied  in   law   creating  debt  may  be  disposed   of   according  to  law. 

(Del.  VIII  3.) 

Interest 

In  General 

State  bonds  to  bear  interest.     (S.C.  X  11.) 

Bonds  for  extraordinary  expenditures  to  be  issued  "on  interest". 

(Minn.   IX   6.) 


Rate 


Three  per  cent,  payable  semi-annually  at  state  treasurer's  office 
or  some  place  in  New  York  city,  in  case  of  specific  authoriza- 
tion  of   bonds   to   fund   outstanding    state   warrants.      (Colo. 

XI  3.) 

On  debt  incurred  to  reimburse  school  fund  losses  by  default  not 
less  than  6  per  cent,  payable  to  fund  which  sustained  loss. 
(Iowa  VII  3;   Wash.  IX  5.) 

On  bonds  funding  debt  and  warrants  outstanding  at  time  consti- 
tution adopted  not  to  exceed  8  per  cent,  per  annum.      (Nebr. 

IX  8.) 

Legislature  may  alter  on  any  part  of  debt  created  under  laws 
referred  for  people's  approval;  but  not  on  that  part  of  such 
debt  or  bonds  evidencing  it  "  created  or  issued  "  before  the 
alteration.      (NY.  VII  4.) 


:  I 


STATE  DEBT    (Cont'd) 
Interest  [Cont'd) 
Payment 

As  to  application  ■ 

I.Xm.Vl 

For  r  requiring  tou    Outl 

payment  of  interest  t) 

IZIM.  ■     Pbovisiois 
See  also  Taxatioh       Stj 

taxes  for  payment  of  vntt 
Legislature  to  Levy  annui 

Mo.  X   14;   Okla.   X    l;   S.I 

At  time -of  submitting  proposed 
to  be  made   for   paym<  innual    ii 

from  other  sources   of   revenue;    I 
submitted  to  people  with  Lav    authoi 
law  to  be  irrepealable  until  debl   ■  hi    l\ 

Provision  In  lie  made  for   paym< 
levy   or  from   other   sources   of    r< 
tax  levy  to  be  irrepealable  until 

Treasurer  on  warrants    i 
ments  for.      I.M.I.  VI  3.) 

Funds  and  resources   "in   the   b! 
fund"  to  be  appropriated  to  payi 
debt  and  its  discharge;  for  this  i  urp<  ■ 
to  levy  annual  tax  sufficient   to  ps 
as  to  reduce  principal  in  amount   Btated. 

Until   legislature   provides    tor    payn 

debt  of  the  state,  annual  tax  of  one-fiftli  :  • 
personal  property  and  other  i 
levied  and  applied  to  payment 

Legislature  may  appropriate  out  of  any  I 
to  pay  interest  on  state  debl  or  n 
year  money   in   the  state   treasury 
interest   on    debts    incurred    al 
principal  and  lnd<  uch  fui 

purpose  for  which  created,  and  v 
any  fiscal  year  is  sufficient   to 
such  interest  and  principal,  a  dired   Rnnt 
need  not  be  imposed  and  collect 

of  interest  to  be  kept  Beparati    fro 

to  be  "safely  Invest 

any  manner  other  than   for  tl 

shall  have  been  provided.      iN-V.  Vfl    11 

Payment  of  interest  6n  high* 
dum  shall  be  provided  for  bj 
effect  shall  not  be  diminished  during  the 
created  thereunder.     I  l  tl   12 


1330  State  Constitutions 


STATE  DEBT    (Cont'd) 
Interest  (Cont'd) 

Payment    (Cont'd) 

Legislature  may  by  general  laws  require  counties  or  towns  to 
pay  to  sinking  fund  proportionate  part  of  interest  on  cost  of 
highways  within  its  boundaries.  (N.Y.  VII  12.) 
If  rate  of  interest  on  state  bonds  be  increased,  legislature  to 
impose  and  provide  for  collection  of  direct  tax  sufficient  to 
pay  increased  rate  and  also  to  discharge  principal  at  maturity 
and  to  apiwopriate  annually  to  sinking  fund  moneys  in 
amount  sufficient  to  pay  such  interest  and  discharge  principal 

at  maturity.     (N.Y.  VII  4.) 

Legislature    to    provide    for    raising    revenue    sufficient   to    pay 

interest  on  state  debt  in  addition  to  expenses  of  state.      (N.D. 

XI  174.) 
Sinking  fund  to  be  created  sufficient  to  pay  accruing  interest  on 

state  debt  as  well  as  to  redeem  principal.  (Ohio  VIII  7.) 
Moneys  appropriated  therefor  by  legislature  to  be  used  by 
sinking  fund  commissioners  for  payment  of  interest  on  "  public 
debt  of  the  state  excepting  only  the  school  and  trust  funds  held 
by  the  state  ".  (Ohio  VIII  10.) 
Legislature  to  continue  fund  existing  prior  to  constitution  and 
maintain  it  sufficient  to  pay  accruing  interest  as  well  as  to 

redeem  principal.      (Pa.  IX   11.) 
No  debt  to  be  contracted  without  provision  for  annual  tax  suffi- 
cient to  pay  interest  annually.     (Md.  Ill  34.) 
Obligation  of 

Nothing  contained  in  constitution  to  "  impair  the  obligations  of  any 
debts  contracted  by  the  state".      (N.Y.  I  17.) 
Account  of  —  Publication 

Statement  of  all  debts  of  state  to  be  published  as  prescribed  by  law. 

(Conn.  IV  21.) 
Redemption 

For  provisions  requiring  law  authorizing  a  debt  to  provide  for  its 
payment  at  maturity,  See  above,  this   title,  Law  Authorizing  — 
Provision  for  Payment  of  Interest  and  Principal. 
For  particular  provisions  respecting  redemption  of  debts  for  casual 
deficiencies  in  revenue,  See  above,  this  title,  Purpose  —  Deficien- 
cies in  Revenue. 
As  to  application   of  referendum  to  bills  providing  for  payment  of 

principal  of  state  debt,  See  Initiative  and  Referendum. 
In  General 

Legislature  to  provide  from  time  to   time  for  payment   of  all 
just  and  legal  debts  of  state.      (Ark.  XVI  2.) 
From  General  State  Funds 

Surplus    in    treasury   derived    from    general    state    taxes;    after 

payment  ordinary  expenses  and  interest  on  state  bonds  "  other 

than  bank  bonds  "  to  be  applied  annually  under  direction  of 

legislature  to  payment  of  principal  of  state  debt.     (Ind.  X  2.) 

Legislature   may   make   appropriations   for   from   any   funds   in 

state  treasury.     (N.Y.  VII  11.) 


Index   Dii 


STATE  DEBT    (Cont'd) 
Redemption   [Cont'd) 

From  General  State  Funds   if  ont'd) 
Moneys  appropriated  thereto}  bj 
ing  fund  commiaaionera  Eoi    paymenl 
debt  of  the  Btate  excepting  onl)   thi 
held  by  the  slate".     (Ohio  \  111    . 
State   moneys   "  over   and    above    the 
used  for  either  directly  or  through 
By  Taxation 

For  provisions   respecting  purposes   for 

taxes,  including  payment  of  st<it>  debt,  8e*    I  \ 

See  also  above,   this  title,    Law 

Payment  of  Interest    \m>  Pbingxpal, 
Annual  tax  to  be  levied  and  collected  buI 

interest  on  state  bondeil  debl   and  to  redu 

annually  by  not  less  than  $250,000.     I 

be  paid  into  atate  treasury  and   appropriated   and   : 

for  interest  on  state's  bonded  debt   at. 

fund  as  provided  by  section  32  of  article  I\ 

This  tax  to  cease  when  bonded  debl  i  stii 

cient  for  its  extinguishment   baa  beei 
Legislature   to   levy   annual   tax   sufficient    to   paj    r 

principal  at  maturity  but  such  taj 

two  mills  on  assessed   valuation   of   taxable   pro] 

state   ascertained   by   last   aaaeaamenl    foi 

pur]  I   l 

Legislature  to  provide  for  levying  annua]  U 

annual  interest  and  principal  of  Btate  debt,  if  ai 

rity.      (Ariz.  IX  3;  Okla.  X  4;   Utah  XII]   2;   Waah    V  I 
Direct  annual  tax  for  interest  and   principal  ol 

be  levied  for  any  year   in  which   legislai 

state    treasury    sufficient    to    provide  |    fund    I 

.  V    Y!l 

Legislature  not  to  levy  tax  to  pay  debts  or  boi 

issued   by   authority    of    Bpecifled 

latures,  except  bonds  for  lunditu:  pi 

approved  by  majority  of  voters   ■ 

held  for  that  purpose.      (N.C.   I   0.) 
No    debt    to    be    contracted    without     provision    I 

sufficient  to  pay  principal  at  maturity.      |  M.I.   Ill 
Legislature    to    levy    annual    ta\    sufficient    ti  ■    «< 

6  '  \  1 1 1    J 

From  Proceeds  Sale  Public  Works 

Annual   income   of   and    proceeds   of   the   sail 

belonging  to  the  state  to  be  applied  under  direction 

IstttM        !•       8 
Proceeds  of  sale  of  railroads  held  by  I  otkei 

ertv  to  be  applied  to  paymenl  of  beaded  deb*    I 


1332  State  Constitutions 


STATE  DEBT    (Cont'd) 
Redemption    ( Cont'd ) 

From  Proceeds  Sale  Public  Works   {Cont'd) 

no  other  purpose  so  long  as  state  has  any  bonded  debt;  pro- 
ceeds of  sale  of  specific  railroad  to  be  applied  to  redemption 
of  bonds  for  which  said  railroad  Mas  mortgaged  in  preference 
to  other  bonds.      (Ga.  VII  Sec.  XIII  1.) 

Board  of  public  works  authorized,  subject  to  regulations  and  con- 
ditions provided  by  legislature,  to  sell  state's  interest  in  works 
of  internal  improvement  or  any  banking  corporation  receiving 
in  payment  therefor  bonds  or  registered  debt  of  state  equal 
in  amount  to  price  obtained  for  state's  interest.     (Md.  XII  3.) 

"  Proceeds   of  the  internal  improvement  companies  "  not  to  be 
appropriated    to    any    other    purpose    until    public    debt    and 
interest  fully  paid  or  holdings  of  the  sinking  fund  equal  to 
outstanding  debt.      (Md.   Ill   34.) 
Time 

Five  years  from  passage  of  law  authorizing.      (Wis.  VIII  6.) 

Within  10  years  from  final  passage  law  creating.      (S.D.  XI  1.) 

Within  10  years  from  passage  of  law  authorizing  in  ca&e  of 
debts  for  extraordinary  expenditures.      (Minn.  IX  6.) 

Term  to  be  not  less  than  10  nor  more  than  15  years  in  case 
of  debts  contracted  for  erection  public  buildings  and  supply- 
ing deficiencies   of   revenue.      (Colo.   XI   4.) 

Not  more  than  13  years  from  creation  in  case  of  debts  for 
unforeseen  emergency,  or  deficiencies  in  revenue  incurred  in 
excess  of  amount  permitted  without  referendum.     (Mo.  IV  44.) 

Within  15  years  from  time  of  contracting.      (Md.  Ill  34.) 

"  Payment  of  any  liability  other  than  that  for  the  ordinary 
expenses  of  the  state  shall  be  equally  distributed  over  a 
period  of  at  least  20  years  '".      (W.Va.  X  4.) 

Within  20  years  from  passage  of  law  creating  debt.  (Nev.  IX 
3;  Utah  kill  2;  Wash.  VII  1.) 

Within  20  years  from  date  of  contracting.      ( Ida.  VIII  1 ;   Iowa 

VII  5;  Wash.  VIII  3.) 

Within   25  years  from  passage  of  law  creating.      (Ariz.  IX   3; 

,      Okla.  X  4.) 

Within  25  years  from  date  of  contracting  in  case  of  debt  on 
which  referendum  required.      (Okla.  X  25.) 

Within  30  yeaa-s.      (Ky.  50.) 

Within  30  years  from  passage  of  law  creating.      (N.D.  XII  182.) 

Within  35  years  from  time  of  contracting.      (N.J.  IV  6,  4.) 

Not  more  than  40  years  after  passage  law  authorizing.      (S.C 

X  11.) 

Within  50  years  from  time  of  contracting.      (N.M.  IX  8.) 

Within  50  years  from  date  of  contracting;  this  applies  also 
to  bonds  issued  in  lieu  of  bonds  authorized  but  not  issued 
prior   to   adoption   of   constitution.      (N.Y.  VII   4.) 

Bonds  authorized  to  be  issued  by  governor  in  pursuance  of  speci- 
fied statutes  validated  by  this  provision  to  be  payable  at  any 


J  \  I . !  \    Dk 


STATE  DEBT   (Cont'd) 
Redemption   ( Con  t  'd  i 
Time  (Cont'd) 

time  not  exceeding  50  . 
until  maturity,      i  Al;i.   \\  n  - 
At  state's  optic,   all,-,    lu   v. 

of  bonds  in  ease  of  Bpeciflc  auth 
outstanding  state  Wjarjauta,      ({  ,.|.,.   \|   . 
Within  75  years  of  tin 
Place 

Payable  at  state  treaawi  | 
tion   of   bonds   to   fund   ... 

Sinking  Fund 
In  General 

Legislature  to  raise,  bj  taxation   • 

sum    required    bo    pa]    public    exp< 

public  debt,  $100,1  be   beld 

applied  solely  to  retire  Btal 

but  this  section  not  to  b< 

have  been  paid.      (Ga.   \ll   Sec.    JU\ 
Secretary    of    state,    Btate 

land  office  to  act  as  "  board  of  fui 

perform  such  duties  as  prescribed  by  Law- 
Special  fund  provided  into  which    . 

sales  of  public  lands  paid  for  int< 

debts    of    specified   countii 

of  adn 
"Creation   of   a   sinking  fund   of   at    least    .'    | 

annum   to   discharge   the   prin  i]  1   !*• 

provided  by  general  laws  who 

be  diminished  during  the  exj 

thereunder";  this  applies  mi! 

way  purposes  up  to  the  $50, ,000  Lii 

"To  provide  for  the  payment  of  tl  '   »nd 

any  additional  debt  "  contrai 

constitution;    legislature   i 

sinking  fund   sufficient 

such  debt   and  annually   I 

by  a  sum  not  less  thai 
Debts    incurred    to 

ness"  of  state  to  be  " 

the   sinking   fund   hereinai  •»"** 

shall  accumulate  ".      (Ohio  \  U 
"The  faith  of  the  stati    !  ■ 

its   public    debt,    in    01 

be  created  a  sinking  fund  whi 

the    accruing    int<  rest    OB 
reduce    the    principal    then 


1334  State  Constitutions 


STATE  DEBT    {Cont'd) 
Redempttox    (Cont'd) 

Sinking  Fund   (Cont'd) 
In  General  (Cont'd) 

$100,000,  increased  yearly,   and  each  and  every  year,  by 
compounding    at    the    rate    of    6    per    cent,    per    annum." 

(Ohio  VIII  7.) 

State  auditor,  secretary  of  state  and  attorney-general  created 
a  board  of  commissioners  "  to  be  styled  '  the  commis- 
sioners of  the  sinking  fund.'"      (Ohio  VIII  8.) 

Legislature  to  provide  and  maintain  sinking  fund  in  accord- 
ance  with   specified   statute   to   provide  for   funding  Vir- 
ginia's share  of  debt  existing  time  of  partition  state  ter- 
ritory   (Act  February   14,  1882).      (Va.  XIII   187.) 
Sources  of  Income 

Surplus  of  tax  required  to  be  levied  for  payment  of  interest 
on  state  and  railroad  debt  of  state  until  legislature  makes 
provision  for  payment  of  such  debt  to  be  paid  into  sinking 
fund  for  payment  of  such  debt.      (Mo.  Sched.  8.) 

Legislature  may  appropriate  out  of  any  funds  in  treasury 
moneys  to  pay  principal  of  state  debt  or  any  part 
thereof  and  may  set  apart  in  each  fiscal  year  moneys  in 
state  treasury  as  a  sinking  fund  to  pay  and  discharge 
principal  of  debts  incurred  after  approval  on  referendum; 
if  moneys  set  apart  in  any  fiscal  year  be  sufficient  to 
provide  such  sinking  fund,  direct  annual  tax  for.  such 
year  need  not  be   imposed   and   collected;    to   be   "safely 

invested".      (N.Y.  VII  11,  5.) 

Commissioners  of  sinking  fund  immediately  preceding  each 
regular  legislative  session  to  "  make  an  estimate  of  the 
probable  amount  of  the  fund  *  *  *  from  all  sources 
except  from  taxation  and  report  the  same  together  with 
all  their  proceedings  relative  to  said  fund  and  the  public 
debt  to  the  governor  who  shall  transmit  the  same  with 
his  regular  message"  to  the  legislature ;  legislature  to 
make  "  all  necessary  provision  for  raising  and  disbursing 
said  sinking  fund  in  pursuance  "  of  provisions  of  constitu- 
tion.     (Ohio  VIII   9.) 

Sinking  fund  to  consist  of  proceeds  of  sales  of  public  works 
or  any  part  thereof  and  of  income  or  proceeds  of  sale  of 
stocks  owned  by  state  "  together  with  other  funds  and 
resources  that  may  be  designated  by  law  and  shall  be 
increased  from  time  to  time  by  assigning  to  it  any  part 
of  the  taxes  or  other  revenues  of  the  state  not  required 
for  the  ordinary   and   current   expenses   of   government ". 

(Pa.  IX  11.) 

"  The  moneys  of  the  state  over  and  above  the  necessary 
reserve  shall  be  used  in  the  payment  of  the  debt  of  the 
state  either  directly  or  through  the  sinking  fund."      (Pa. 

IX  12.) 


STATE  DEBT    (Cont'd) 
Redemption   (Cont'd) 
Sinking  Fund   1 1 

Sou )(i  s   o)   1. 

Legislature  may  bj 

both  to  pay  to 

highwayB  within  il 

thirty-five  one-hundredths 

one-hundredths.     |  N.Y.  \  II   ; 
Legislature  nol   t..  enai 

eatabliahed   time  adoption 

paid;  but  may  enact   Ian  i  I     .:     ■ 

Investment 

If  bonds  for  retiremei  I 

cannot  be  purchased  a1   cu 

by  governor  and  t: 

of  state;  but  this  Bection  not  I 

bonds  have  been  paid.     1 1  .:i    \  1 1   - 
To  be  kept  "  safely  invested  ".    |  NY.  \  II 
Treasurer   on   warrant    ise  »r 

rangements    for    purchai 

account  of  sinking  fund       Md.  ^  I 
Moneys  of  fund  not  to  be  invi 

of  anything  except  thi 

Application 

"  Whole  resources  "  to  i .. 

to  payment  of  int 

other   purpose   until    whol<  •  '• 

Funds  and  resources  "  in  the  si 

fund"    to    \>v    appropriated    t 

bonded  debt  and  it-  di- 

is  required  to  levj    annual   I 

interesl  and  to  reduce  prii 

Surplus   of   tax    for   u  •"*   dab* 

paid  into  sinking  fund  to 

debt  and  to  n 
Principal  and   inter 

pose  for  which   fund  ci 

or  used  in  an\   manner 

for  which  it  shall  have  been  | 
To  be  duty  of  Binking  fund 

ply   (sinking  fund 

be    (by   legislatun 

payna  i  I 

t'ion  of  the  principal  of  th 

onlv  the  sd 1  and  trusl 

\  1 1 ' 


1336  State  Constitutions 


STATE  DEBT    {Cont'd) 
Redemption   (Cont'd) 

Sinking  Fund   (Cont'd) 
Application   (Cont'd) 

I  nless  in  case  of  war,  invasion  or  insurrection  no  part  of  " 
sinking  fund  to  be  used  or  applied  otherwise  than  in  the 
extinguishment  of  the  public  debt  (but  see  provision  same 
section  that  fund  be  maintained  "  sufficient  to  pay  the  ac- 
cruing interest  on  such  debt").  (Pa.  IX  11.) 
Report 

Commissioners   to    make    semi-annual    report   of    their    pro- 
ceedings to   governor   who   shall   publish    same   and   com- 
municate it  to  legislature  forthwith   if  in  session,  but  if 
not,  then  to  the  next  session.      (Ohio  VIII  11.) 
STATE  ENGINEER 

Under  tliis  heading  are  digested  those  provisions  which  specifically  refer 
to  this  officer.     For  provisions  relating  to  all  officers  and  hence  to  this 
one,  See  the  title  Public  Officers. 
Appointment 

By  governor  subject  to  confirmation  of  senate.      (Wyo.  VIII  5.) 
Compensation 

Fixed  by  law.      (N.Y.  VI.) 

Increase  or  decrease  during  term  for  which  elected  prohibited.     (N.Y. 

V  1.) 
Fees,  perquisites  or  compensation  other  than  salary  prohibited.     (N.Y. 

V  1.) 
Election 

At  general   election   at  time  and  place  of  electing  governor.      (N.Y. 

V  1,2.) 
Powers  and  Duties 

As  prescribed  by  law.      (N.Y.  V  6.) 

Canals,  execution  of  laws  relating  to  construction  and  improvement 

as  may  be  confided  to  him.     (N.Y.  V  3.) 
President  of  board  of  control   and   general   supervision   of  waters   of 
state    and    of    officers    connected    with    its    distribution.       (Wyo. 

VIII  5.) 
Qualifications 

Practical  civil  engineer.      (N.Y.  V   1.) 

Such  theoretical  knowiedge  and  practical  experience  and  skill  as  shall 
lit  him  for   position.      (Wyo.   VIII   5.) 
Term  of  Office 

Two  years.      (N.Y.  V  1,  2.) 

Six  years  and  until  successor  qualified.      (Wyo.  VIII  5.) 

STATE  EXAMINER 

Under  this  heading  are  digested  those  provisions  which  specifically  refer 
to  this  officer.     For  provisions  relating  to  all  officers  and  hence  to  this 
one,  See  the  title  Public  Officers*  See  also  "  Auditor  ",  and  "  Comp- 
troller ". 


■ 


STATE  EXAMINER  (Cont'd) 
Appointmb  N  I 

I'.y  governor  with  i 
To  be  provided  tor  l.\ 

to    COIltil  II    .tl..:      '  \ 

Compensation 

To  be  fixed  by  law.      (Mom     \  II    Bj    R 
Fixed  at   $3,000   until  oth( 
or  diminished  during   term   Ear   wbid    • 
receive    t>.    own    ase    fe 
compensation.      (Okla.   \  I 
Election.     (Okla.  VI  1,  9,  4. 
Powers  and  In  ties 

To  examine  accounts  of  state  t 
court  clerks,  county  tn 
institutions  as  may  be  pr< 
prescribed  by   law:    to   i 
required,  to  oflicers  d< 

To  examine  state  and  all  count]  fcri 
on  band  or  in  bank  at  least  tv 
report  once  a  year.     For  such  pur] 
sion  of  treasurer's  office.     To  pr< 
keeping  for  use  of  all  treasun  rs,     I  " 
be  prescribed  by  law.     (Okla.  \  I 

To  examine  books  and  accounts  of  such  pu 
other  powers  and  duties  a?  prescribed  I 

To  keep  office  and  public  reco: 
duties   designated   in   const  i  tut  ion 

Qualifications 

Male  citizen  of  United  States,  i 
im;  election  a  qualified  elector  of  s 
experience  as  expert  accountant.      (Okla.  \  I 

TEHM  OF   OFFICE 

Two  years.     (Ariz.  XXII  18.) 

Four  vears  from  second  Monday  of  .Jam: 

STATE  FINANCES 

For  provisions  respecting  stai- 

For    pensions    authorizing    l<fl 

For  provisions  relating   to  state 
"Public  Lands",  " Canals*,  and 

For  provisions  r.sprri;,,,,  contmoU  vith  I 

In  Gkni'ual 

Comptroller   to  have  general   so] 

1 


1338  State  Constitutions 


STATE  FINANCES   {Cont'd) 
Fiscal  Year 

See  also  Political  Year. 

To  commence  January   1st.      (Nev.  IX  1;   S.C.  X  10.) 
To   commence   January    1st  unless   changed   by   legislature.        (Utah 

XIII  1.) 
To  commence  on  second  Monday  January  unless   otherwise  provided 

by  law.      (Ida.  VII  1.) 
To  commence  July  1st.      (Ariz.  IX  4;    Cal.  XX  5.) 
To  commence  July  1st  unless  otherwise  provided  by  law.      (Ky.  169; 

Okla.  XI.) 
To  commence  October  1st  and  end  September  30th.  (Miss.  IV  115.) 
To  commence  October   1st  unless  otherwise  provided  by  law.     (Colo. 

X  1.) 
Budget 

See   also   Appropriations. 

As  to  governor's  duty  to  send  to  legislature  message  reviewing  "  con- 
dition "    of    state    and    recommending     expedient    measures,     See 

Governor. 
As  to  power  of  governor  or  legislature  to  require  from  executive  officers 
and  state  institutions  information  respecting  the  expenses  and  con- 
dition of  their  respective  offices,  and  the  duty  of  such  officers  and 
institutions  to  give  such  information,  See  Public  Officers  — 
Reports,  or  the  particular  officer  or  institution. 
Governor,  auditor  and  attorney-general  before  each  regular  session  to 
prepare  "  general  revenue  bill  "  and  submit  it  to  legislature  "  for  its 
information";  sufficient  number  of  copies  of  such  bill  to  be  printed 
for  use  of  legislature;  governor  to  transmit  copies  to  lower  house 
"  as  soon  as  o/ganized  to  be  used  or  dealt  with  as  that  house  may 

elect".      (Ala.    IV    70.) 

Each  officer  of  executive  department  to  make  to  governor  at  beginning 

of    regular    session    report    "of    the   requirements"    of    his    office; 

governor  to  lay  report  before  legislature  at  beginning  of  regular 

session;    legislature    may    call   for    additional    information.       (Fla. 

IV  27.) 
Governor  to  present  at  commencement  of  each  regular  session  estimates 
of  amount  of  money  required  to  be  raised  by  taxation  for  all  pur- 
poses.     (Ala.  V  123;  111.  V  7;  Mo.  V  10;  Nebr.  V  7;  Tex.  IV  9.) 
Governor  at  beginning  each  session,  to  present  estimates  of  amount 
of  money  required  to  be  raised  by  taxation  for  all  state  purposes.' 
(Colo.  IV  8;   Ida.  IV  8;  Mont.  VII  10;   W.Va.  VII  6.) 
Comptroller    to    prepare    and    report    estimates    of    revenue    and    ex- 
penditures.    (Md.  VI  2.) 
Claims  Against  State 

Under  this  subdivision  are  digested  only  provisions  respecting  validity, 
presentation  and  audit   of  claims;  for  suits   on  such   claims,   See 

Suits  Against  State. 
Time  and  Manner  of  Presenting 

Legislature    may    prescribe    by    law   manner    in    which    accounts 
shall  be  rendered  for  state  printing.      (Mich.  V  25.) 


l.NDKX     I  )i..i  91 


STATE  FINANCES   (Cont'd) 

Claims  Against  Sxaq  I'd) 

Time  and  Manner  of  Presenting     < 
Legislature,  oana]  board,  01   an  . 

audit,  allow  or  pa;  ba 

barred,  except  when  pi 

further  time;   this   d<  :<* 

fixing  time  for  presentation  i  I 

claims   presented    within    time    all< 

prosecuted  with  dui 
Except  claims  of  Unit( 

to  be  made  for  payment  of 

after  claim   accrued,      i  \\  i-.   \  1 1 1 
In  case  of  claimants  Qndi 

within  two  years  after  removal  oi 
Expenses  of  committei  gialatun 

tions  not  at  seat  of  goi 

and  certified  by  him  and  ati 

8.) 

Audit  and  Payment 

Legislature  not  to  audit  or  allow 

against  the  state.     (Mich.  V  34;   N.V.  Ill 
Legislature  not  to  audit  or  al 
the  state  except  for  expend 

Special  law   making  compensation    to   da 

bidden.       Wa.  i\   24 
Legislature  may  appropriate  ' 

according  to  law.      (Ky.  58;   N.V.   Ill    Ifl 
Legislature  not  to  appropriat^ 

vate  claims  exceeding  $300  unless  fli 

of  treasury  with  proofs  on  which   I 

by   him. 
Legislature   may    direct   1,\    law    manner    il 

state  may  be  established  and  adjusted. 
Legislature    to    provide    that    claima    U] 

••  examined  and   adjusted   bj    I 

secretary   of  state"   before    warranl    I 

"  No  bills,  claim-,  are,,,,:;--  oi   den 

be  audited,  allowed  or   paid   until   a   full    it- 

writing  verified  by  affidavit  shall 

officers  whose  duty  it  may  be  to  aud  MD.  XII 

Secretary  of  state,  state  tr<  isurei 
to  constitute  ofstateaut 

all  claims  agaii 

Governor,    secretary    of 

board  of  examiners,  with  , 


1340  State  Constitutions 


STATE  FINANCES   (Cont'd) 

Claims  Against  State   {Cont'd) 
Audit  and   Payment    {Cont'd) 

state  except  salaries  or  compensation  of  officers  fixed  by  law; 
and  no  claim  except  such  salaries  to  be  passed  upon  by  legis- 
lature without  first  having  been  considered  and  acted  on  by 
this  board.  (Ida.  IV  18;  Mont.  VII  20;  Nev.  V  21.) 
Persons  aggrieved  by  decision  of  auditor  and  secretary  of  state 
on    claims   presented    to   them    may    appeal    to    district   court. 

(Nebr.  IX  9.) 
Necessity  of  Previous  Authorization 

Legislature  not   to  pay   or   authorize   payment   of   claims   under 

contract  made  without  authority  of  law.      (Cal.  IV  32;   111.  IV 

19;  La.  47;  Miss.  IV  96;  Mo.  IV  48;  S.C.  Ill  30;  S.D.  XII  3; 

Utah    VI    30;    W.Va.   VI    38.) 

Same;    but   this   does   not   apply   to   claims    incurred   by    public 

officers  in  executing  state  laws.     (Utah  VI  30.) 

Same;  and  legislature  may  make  appropriations  for  expenditures 

incurred  in  suppressing  insurrection  or  repelling  invasion.    (111. 

IV  19;  Miss.  IV  96;  S.C.  Ill  30;  S.D.  XII  3;  W.Va.  VI  38.) 

Legislature  not  to  authorize  payment  of  claims  "  without  previous 

authority  of  law".      (Colo.  V  28;   Mont.  V  29;   Pa.  Ill   11.) 

Except  as   may   be  otherwise   provided   in   constitution.      (Mont. 

V  29.) 
No  money  to  be  paid  on  any  claim,  subject  matter  of  which  was 
not  provided  for  by  pre-existing  law,  unless  allowed  by  two- 
thirds  of  members  elected  to  each  house.  (Ark.  V  27;  Fla. 
XVI  11;  Iowa  III  31;  Ohio  II  29.) 
Legislature  not  to  grant  money  out  of  state  treasury  by  appro- 
priation or  otherwise  on  claims  not  provided  for  by  pre-existing 

law.     (Tex.  Ill  44.) 
Revenues  and  Receipts 

For  provisions  relating    to   state   taxes,   See  Taxation. 

As  to  amount,  collection  and  accounting  for  and  return  of  fees  and 

other  receipts  of  public  officers  generally,  See  Public  Officers  — 

Fees  and  Emoluments  ;  as  to  fees  and  receipts  of  particular  officer 

or  class  of  officers,  See  specific  title. 

For  provisio7is   relating    to   income  from   or  proceeds   of   the   sale  or 

lease  of  public  property,  See  Public  Property. 
For  provisions  relating  to  fines,  penalties  and  forfeitures,  See  Crimes. 
For  provisions  relating  to  fees  for  filing  articles  of  incorporation  and 

other  documents,  See  Corporations. 
In  General 

State  treasurer  to  receive  all  moneys  belonging  to  state.      (Conn. 

IV  17.) 
Legislature  to  prescribe  by  law  manner  in  which  treasurer  shall 

receive  state  moneys.    ( Md.  VI  3. ) 

Comptroller  to  prepare  and  report  estimate  of  revenues;   and  to 

digest  and  prepare  plans  for  improvement  and  management  of 

state's  revenues.      (Md.  VI  2.) 


I 


STATE  FINANCES   (Con? 
Revenues  am.  Hi 

In  General    (Cont'd) 

"  All   monevs   dl  rn 

aJBter  the  payment  d 
set  apart  for  the  payment  of  tl 
government  and  for  ao  othoi  put 
JS70  —  111.   Central   Railroa 
Revenue  Bills 

For  other  proi  isiona  relating  to  inti 
the  legislature,  ane 
bill  contain  but  Oi 

"  No  revenue  bill  "  to  be<  i 
members  present  and  \ 

Matters  "not  immediatelj 

revenue  "  not   to  be  "in  anj    n 
to  "  revenue  bills ;  but  no  bill  1 1 
may    incident  nil  \    aris         .  ill    be  i 

Amount 

Legislature  to  provide  for 
state  for  fiscal  year  and  ii. 

Same;  and  principal  of  state  debt 
Legislature  to  provide  at  each  i 
to   defray  current   expensi 

Rentals  specified  in  leases  of  water  p< 
canal  shall  be   subject  to  revaluation   • 
(111.  Amend.   1870-1908  —  111.  and   M 

Collection 

Comptroller    to    superintend    and    enf< 

revenues;  and  to  settle  and  adjust  on 

with   delinquent    colle*  ti 
All    revenue   oolleeted    and 

source  to  go  into  treasurj 

to  divert  san  e.        Mo.   IV   13.) 
Revenue  to  be   collected   b\    ; 

Income  of  ("hi. 

(Til.  Amend.    1870-1908  —  111.   and 

Treasurer's  receipt   for  moneys 
trollrr's    warrants    "withoul    • 
acknowledgment  of  n 

Account  of  —  Publication 
Statement  of  all   receipt 


134:2  State  Constitutions 

STATE  FINANCES   (Cont'd) 

Revenues  and  Receipts   (Cont'd) 

Account  of — Publication   (Cont'd) 

Accurate  and  detailed   statement  of  receipts  of  public  money  to 
be  published  as  prescribed  by  law.      (Ark.  XIX  12;   Kan.  XV 

5;    Ohio    XV    3.) 
Regular   statement  and   account   of   receipts   of  public   money   to 

be  published  from  time  to  time.      (Mo.  X   19.) 
Regular  statement  and  account  of  receipts  of  public  money  to  be 

published  annually.     (Ky.  230- ) 
Accurate   account  of   receipts    of    public   money    to   be    annually 

published.      (N.C.  XIV  3.) 
Complete  and   detailed  statement  of  receipts  of  public  money  to 

be  published   annually.      (W.Va.  X  3.) 
Regular   statement   and  account  of  receipts   of   public   money   to 
be  published  every  three  months  in  manner  prescribed  by  law. 

(La.  45.) 

Accurate  statement  of  receipts  of  public  money  to  be  published 

annually  in  manner  provided  by  law.     (Ariz.  IX  4;  Utah  XIII 

6;   Wash.  VII  7.) 

Regular    account    of   receipts    of    public    money    to  be   published 

annually  in  manner  directed  by  law.     (Ala.  IV  72;  Del.  VIII  6.) 

Regular  statement  of  receipts  of  public  moneys  under  oath  and 

account  of,  to  be  published   annually   in  manner  prescribed  by 

law.     (Tex.  XVI  6.) 

Regular  statement  and  account  of  receipts  of  public  money  to  be 

published   at   commencement   of   annual   session    of  legislature. 

(Me.  V  Pt.  IV  4.) 

Regular  statement  and  account  of  receipts  of  public  money  to  be 

published    every    three    months    and    also    with    session    laws. 

(Ga.  Ill  Sec.  VII  11.) 
Accurate  itemized  statement  of  receipts  of  public  moneys  to  be 
published  annually  in  manner  provided  by  legis'ature  and  to 
be  submitted  to  legislature  by  governor  with  his  message  at 
beginning  each  regular  session.  (S.D.  XI  12,  XII  4.) 
Accurate  statement  of  receipts  of  public  money  to  be  published 
with  session  laws.  (Cal.  IV  22;  Fla.  Ill  19;  Ind.  X  4;  Iowa 
III  18;  Md.  Ill  32;  Mich.  X  17;  Nev.  TV  19;  Ore.  X  5;  S.C. 

X  8;  Tenn.  II  24,) 

Release  of  Obligations  Due  State,  See  Public  Property  —  Obligations 

Owned  by  Statb. 
Custody  op  State  Money 
In  General 

For  provisions  respecting  responsibility  for  funds  entrusted  to 
them  and  punishment  by  disqualification  for  office  or  otherioise 
for  misuse  of  such-  funds,  See  Public  Officers  and  particular 

officer  or  class   of   officers. 
Legislature  to  pass  suitable  laws  for  safe-keeping  of  state  funds. 

(S.C.  X   12.) 


I  \  I  >  I   \     DlOESl 


STATE  FINANCES  [Cont'd) 

Custody  of  State  Money   [Cont'd) 
In  General  [Cont'd) 

Legislature  to  provide  bj    lav. 
management   of   public   fan 

Legislature  to  pass  suitable  Ian 

Deposit  in  Bank 

All  moneys  belonging 

bank    within    state    or    ill    air 
state  in  manner  ami  under  condit 
posits  at  any  one  time  not    to 
capital  stock  of  de]  bank,    • 

one  time  more  than  20  per  cent,  of  ;  ill 
deposit  in  any   liank   and   while  ti. 
requesting   such   depos 
deposits  bonds  of  United  6 
municipality  or  school  district,  or   In 
state  to  be  approved  by  officer 
in  value  at  least  1<>  per  cent,  in  ea 
Banks  to  pay  reasonable  rate  of  intei 
cent,  per  annum  on  dailj   balano 

Treasurer  not  to  receive  any   fee, 
or  use   in   any   manner   of   the    pu 
enforce  by  suitable  penalties.     (Qa.  V  & 

Treasurer  to  receive  and   until  others 
posit  as  soon  as  received   t<> 
by  him  with  approval  of  govei  i 
satisfactory    to    the    governor    for    - 

State   moneys    not    to    In-  ■!    in    ! 

organized   under   national    i 
any  bank  not  to  exceed   50   p 
of  bank.     Bank    receiving   deposit*    I 
as  separate  item  in  all  publish  I   -' 

All  moneys  in   state  treasury   be! 
ately  on  receipt  be  deposited  by  tr< 
benefit    of    proper    fund    in    hank 
approval  of  governor  and  at! 
security  sat i- factory  to 
keeping   and    repayment    of 
treasurer  on  his  check.     Bai  ' 
a  bonus  for  the  use  of  such  dep 
paid   by  other   ban! 
together   with    interest    ami    pi 
posed  by   treasurer   for   Mate   purp 
warrants    drawn    bj 


1344  State  Constitutions 


STATE  FINANCES   {Cont'd) 

Custody  of  State  Money  (Cont'd) 
Deposit  in  Bank    (Cont'd) 

Funds  in  hands  of  state  treasurer  to  be  deposited  at  such  rate 
of  interest  as  prescribed  by  law.  Governor,  state  auditor  and 
state  treasurer  constitute  "  state  depository  board "  with  full 
power  to  designate  depositories  with  which  funds  in  hands  of 
treasurer  shall  be  deposited;  when  money  so  deposited  treas- 
urer not  to  be  liable  "  for  loss  on  account  of  any  such  deposit 
occurring  through  damage  by  the  elements  or  for  any  other 
cause  or  reason  occasioned  through  means  other  than  his  own 
neglect,  fraud  or  dishonorable  conduct".  (Mont.  XII  14.) 
All  public  moneys  not  invested  in  interest-bearing  securities  to 
be  deposited  in  national  bank  in  state  or  in  banks  or  trust 
companies  incorporated  under  laws  of  state.  Interest  on  such 
deposit    to   be   applied   in   manner   prescribed   by    law.      (N.M. 

VIII  4.) 
All  state  money  except  as  otherwise  provided  in  constitution 
shall  whenever  practicable  be  deposited  in  a  national  bank  or 
bank  incorporated  under  laws  of  state;  bank  to  furnish  secu- 
rity approved  as  provided  by  law  and  to  pay  reasonable  rate 
of  interest,  such  interest  to  accrue  to  fund  from  which  it  is 

derived.      (Wyo.  XV  7.) 
Funds 

For  provisions  relating  to  school  funds,  See  Education —  Funds. 
For  provisions  relating  to  sinking  funds,  See  State  Debt  —  Redemp- 
tion 
For  state  funds  for  insuring   compensation   payable   to   injured   em 
ployees  and  dependents  of  killed  employees,  See  Workmen's  Com 

pensatton 

For  provisions   relating    to   special  funds    derived  from   proceeds    of 

sales    and    leases    of    public    property,    See    "Public    Property  — 

Trusts  "  and  "  Public  Lands  —  Trusts  ". 

Moneys  held  as  "necessary  reserve"  to  be  limited  by  law  "to  the 

amount  required  for  current  expenses  "  and  to  be  secured  and  kept 

as  provided  by  law;    monthly   statements  to  be  published   showing 

the  amount  thereof,  where  deposited,  how  secured.     ,(Pa.  IX   13.) 

Money  of  any  fund  not  to  be  diverted  therefrom  either  by  joint  or 

separate  resolution.      (111.  IV  17;    Nebr.  Ill  22.) 
No  money  to  be  taken  from  any  fund  for  any  other  purpose  than  that 

for  which  it  has  been  appropriated  or  provided.      (W.Va.  X  3.) 
Legislature  to  pass  suitable  laws  for  transfer  and  disbursement  of  all 

state  and  school  funds.      (Minn.  IX  12.) 

Legislature  not  to  borrow  or  in  any  manner  divert  from  its  purpose 

any   special   fund   that  may   or   ought  to   come   into   the  treasury. 

Legislature   to   make    it   penal   offense   for   any   person   to  borrow, 

withhold    or    divert    from    its    purpose    any    special    fund    or    part 

thereof.      (Tex.  VIII  7.) 


1  M  >  I-  \      I  )  | ,  . 


STATE  FINANCES  (Cont'd) 
Funds  (Cont'd) 

Statement  of  all  fund 


.Special  fund  for  Panama    Exj  •    • 

tails  as  to  taxes;  income  payable 

and  disbursements  therefrom. 
Special  "  interest   accounl  "  and  "  i I 

to  be   created    in   statr  tn.i-ui, 

be  made  by  board  of  commies 
payment  of  interest  on  and  redemptii 

for  improvement  of  the  port   of  V 
Currency,  Issi  1:  ok 

Legislature  not  to  issue  "  treasury 

of j  amy  description  intended  to  circulate  ..    moi 

Public  Credit 

For   loans   of  state  credit,   and   .■■ 

Comptroller  to  digest  and  prepare  plan 
Loans  of  State  Money 

State  not  to  lend  money  in  aid  of  an\ 
or   to  any   individual,   association 
may    use    specific   funds    or    make    appi 
repair  or  maintenance  of  publii 
"Trust   moneys"  of  state  may  be  invested   ill   I 

'■  unquesl  ionabli  III 

Funds  of  state  not  to  be  loaned  to  anj 

i inn  ••  public  •■■   pi 
State  not  to  lend  money  t"  anj  company, 
except  corporations  formed  for  educatioi  i 

State  money  not  to  be  loaned  in  aid  i 
takings;     but    legislature    may    Oflake    • 
proper  for  "education  and  support  of  the  I 
and    juvenile   delinquents";    and    prohibition 
funds  held  bv  stale  for  <*  educational  purpoft 

Refunds 

Local  or  special  legislation  refunding  I 

forbidden.      (Cal.   IV   25;    Edft.    Ill    10;    M 

Xev.  IV  20;   N.M.  [V  24;  N.D.  []  I 
Local   or   special   legislation    refunding 

state  treasury,  forbidden.      (Ky. 
Local,    special    or    private    legislatioi 

paid  into  treasury  of  state,  forbid 

Local  or  special  laws  refunding  i 

hibited;    unless  recomi: 

dep :  '  ;!1 

43 


l-Mib'  State   (Jojs'sittutiojns 


STATE  FINANCES  (Cont'd) 

EXPENDITURES 

See  also  Appropriations. 
Purpose 

In  General 

Treasurer   to   disburse  state  moneys   for   state  purposes   on 

proper  warrant  and  not  otherwise.     (Md.  VI  3.) 
Proceeds  of  tax  levies  to  be  expended  for  "  public  service  in 
the  necessary  defense  and  support  of  the  government  "  of 
state  "  and  the  protection  and  preservation  of  the  subjects 
thereof  "  in  accordance  with  statutes.     No  money,  except 
that  appropriated  for  redemption  of  and  interest  on  debts, 
to  be  drawn  from  treasury  unless  on  proper  warrant  for 
necessary  support  and  defense  of  state  and  necessary  pro- 
tection and  preservation  of  inhabitants  thereof.      (Mass. 
Pt.  II  Ch.  I  Sec.  I  4,  Ch.  II  Sec.  I  11;  N.H.  II  5,  55.) 
"  No  allowance  shall   be  made  for  the   incidental   expenses 
of  any  state  officer  "  except  by  general  appropriation  on 
an  itemized  account.      (Nebr.  Ill  22.) 
Aid  to  Private  or  Corporate  Enterprise 

For  loans  of  state  credit  to  or  in  aid  of  sack  enterprise,  See 

State  Debt  —  Purpose. 
For   provisions   relating    to   state   ownership   of   stocks   and 
bonds  of  corporations,  or  joint  ownership  of  property  gen- 
erally,  See   Public    Property  —  State   Ownership    For- 
bidden. 
See  also  "  Charities  —  Appropriations  "   and  "  Charities 
—  Establishment  and  Support  ",  and  "  Charities  and 

Corrections  —  Support  of  ". 
For  state  aid  to  sectarian  schools,  See  Education. 
State  money  not  to  be  given  to  or   in  aid  of  any  person, 

association  or  corporation.     (Ariz.  IX  7.) 
Same;     except  for   necessary  support  of  poor.      (N.D.   XII 

185;  S.D.  XIII  1;   Wyo.  XVI  6.) 
State  money  not  to  be  given  to  or  in  aid  of  any  person,  asso- 
ciation or  corporation  except  for  care  of  sick  and  indigent 

persons.     (N.M.  IX  14.) 
Funds  of  state  not  to  be  granted  to  or  for  any  person,  asso- 
ciation or  corporation  "  public  or  private  "  and  state  not 
to  subscribe  "  for  any  private  enterprise  ".      ( La.  5S. ) 
Legislature   not   to  make   or   authorize    any  gift  of   public 
money,  or  thing  of  value  to  individual  or  corporation,  but 
this  not  to  prevent  legislature  granting  aid  to  institutions 
for  support  of  children  and  aged  persons.     (Cal.  IV  31.) 
State  money 'not  to  be  given  to  or  in  aid  of  any  person,  com- 
pany or  corporation.      (Colo.  XI  2;  Ga.  VII  Sec.  XVI  1; 

Mont.  XIII 1.) 
Same;   except  in  case  of  public  calamity.      (Mo.  IV  46.) 
State  money  not  to  be  given  to  or   in  aid  of  any  society, 
company,  association  or  corporation.     (N.J.  I  20.) 


I  M-l    g      I  l| 


STATE  FINANCES  (Cont'd) 
Expenditures  ( Con  t 'd ) 
Purpose  (Con ffl) 

Aid  to  Privati   or  • 

State  money  nut  to  be  given 

association  or  corporal 
Same;    exc<  pt  corporatioi 

Mate  money  not  to  be  given 
dertakinos;    but  Legislature  m 
it  deems  proper  for  " 
deaf  and  dumb  ami  juvenile  ■  !■  Lii 
does  not  apply  to  funds   bi  Id 
purposes".      (N.Y.   \  III   9,    14 

State  money  not  to  be  given  to  01  in 


State  money  not  to  be  given  t>>  or 

No    appropriation   of   public    I 

public  service  corporation.     (An/.   1\ 
Donations   in   aid  of   railroad   01 

I  \\ 
State  money   not  to  It 

enterprise  for  construction  of  n 
State  not  to  be  stockholder  in  ban'. 
Aid  io  Local  Community 

For  loans  of  state's  credit  t<> 

State  never  to  pay  any  debt  "i   lial 
city,  unless  incurred  to  repel  in\    - 
tion  or  provide  for  public  wi 

Legislature  not  to  make  or  au< 

or  thing  of  value  to  any  muni 

not  to  prevent  legislature  grai 

support  of  children  and  aged 
Legislature  may  extend  aid  for  i  »net 

of  count; 
No   appropriation   of   publi( 

counties  or  municipalities.     (1 
Not  to  pay  liabilities  of  any  -  pul  I 

Funds  of  state  not  to  1 

••  publi 

Legislature  not  to  grant  <>r  aul 
or  thing  of  value  to  mum 
not  prev.nt  -rant   of  aid   U 

Except   as  otherwise  provided 
make  donation,  directlj  or  ind 


134:8  State  Constitutions 


STATE  FINANCES   (Cont'd) 
Expenditures  [Cont'd) 
Purpose  (Cont'd) 

Aid  to  Local  Commwvity    (Cont'd) 

lie  corporation;   but  this  not  to  be  construed  to  prohibit 
provision   for  care  of  sick  and  indigent  persons.     (N.M. 

IX  14.) 
Legislature  not  to  grant  or  authorize  grant  of  aid  to  munici- 
pal corporation.  Legislature  especially  authorized  to 
aid  in  manner  provided  by  law  construction  of  sea  walls 
or  breakwaters  in  counties  and  cities  on  gulf  in.  propor- 
tion to  extent  and  value  of  such  works  constructed  in  any 

locality.     (Tex.  Ill  51,  XI  8.) 
Amount 

See  also  Appropriations  —  Amount. 

Comptroller    to   prepare    and    report   estimates    of   expenditures. 

(Md.  VI  2.) 
No  appropriation  to  be  made  or  expenditure  authorized  by  legis- 
lature whereby  state  expenditures  during  fiscal  year  shall 
exceed  total  tax  then  provided  for  by  law  and  applicable  to 
such  appropriation  or  expenditure  unless  legislature,  making 
such  appropriation,  provides  for  levying  sufficient  tax  not 
exceeding  limit  of  rate  for  state  purposes  to  pay  such  appro- 
priations or  expenditures  within  such  fiscal  year;  this  does  not 
apply  to  appropriations  or  expenditures  to  suppress  insurrec- 
tion, defend  state  or  assist  in  defending  United  States  in  time 
of    war.      (Colo.    X    16;    Ida.    VII    11;    Mont.    XII    12;    Utah 

XIII  9.) 
Legislative  Authorization 

No  money  to  be  drawn  from  treasury  unless  first  appropriated 

by  act  of  legislation.      (Vt.  II  27.) 
No  money  to  be  drawn  from  state  treasury  by  order  or  resolu- 
tion.     (Md.  Ill  32.) 
No   money  to  be   drawn   from   treasury  but  pursuant   to  appro- 
priation   made    by    act    of    legislature;    but    compensation    of 
members   and   expenses   of  session  of  legislature  may  be   paid 
from  treasury  pursuant  to   resolution.      (Del..  VIII  6.) 
No    money   to    be    drawn    from    treasury    without    appropriation 

authorizing  it.      (Me.  V  Pt.  IV  4.) 
No  money  to  be  paid  out  of  state  treasury  "  except  upon  "  appro- 
priation  by   law.      (Ala,   IV   72;    Colo.   V   33;    N.D.   XII    186; 
Pa.   Ill   16;   S.D.   XII   1;   Wyo.   XVI   7.) 
No  money  to  be  drawn  from  treasury  "but  inconsequence  of" 
appropriation  made  by  law.      (Cal.  IV  22;  Iowa  III  24;  Nev. 
IV  19';  N.C.  XIV  3.) 
No  money  to  be  drawn  from  treasury  "  except  in  pursuance  of  " 
appropriation  by  law.      (Ariz.  IX  5;   Ark.  XVI  12;  Fla.  IX  4; 
Ida.   VII    13;    111.   IV    17;    Ind.   X    3;    Ky.    230;    Md.   Ill   32; 
Mich.  X  16;   Minn.  IX  9;    Ore.   IX  4;   S.C.  X  9;   S.D.  XI  9; 
Tenn.   II   24;   Va.   XIII   186;   W.Va.   X   3;   Wis.   VIII   2.) 


[ndex  Dk 

STATE  FINANCES  (Cont'i 

EXPENDITUBES    (Cotlf 

Legislative  Authorization     I 
No  inuii.->   to  be  drawn  [ran 
of  specific  appropriate 
II  21;   La,  45;  Mont,  All 

Legislature  nol  to  pi  rrall  monqj  I 
ct'pt    iii   pursuance  of   regul  u 

No  money  bo  be  paid  oul  of  I 
or  any  of  the  funds  Ui 
of  appropriation  by  law.     (M 

■ 
!No  money   to  be  drawn    from 

made   by    law.      (Ga.    Ill    Set  .VII 
Xo  money  to  be   drawn   from   treastlf 

made  by  law  ";   luit   d< 

state  by  United  States.     I  N..i.  [V&      \  - 

No  money   to  be  paid  iron, 

by  law,  except   interest   on   public  debt 

111 
Mbney  to  be  paid  from  treasury  onlj  un  appn 

legislature    except    interest    < >r    other    ; 

No  money  to  lie  drawn  from  treasury 

for  redemption  of  debt  and  interest  1 

to  acts  of  legislature.      iN.ll.   II   5 
Referendum 

Women  entitled  to  vote  if  lia-. 

assessed  for  taxes  in  anj    part 

expenditure.      (  Mich.   Ill    ; 

Warrant  for 

As  to  ditty  of  treasurer  U 

concerning  warrants  i>«i<l  by  him, 
Xo  money  to  be  drawn  from  treasury 

ernor  and 
No  moneys  to  be  drawn  from 
for  redemption  of  debt  and  ii 
of  governor   with 
No    ne-nev-    to   be    paid    out    of    t; 

priated  "  for  redemption  of  bill* 

or  interest  thereon  Withoui 
advice    and    consent    of    I 
statutes.     ( Mitts.  Pt.  H  «  ' 

Not  to  be  drawn  on   si 

priatio,,   for  specified   purp< 
Comptroller  to  gi      I 
law  for  payments 


1350  State  Constitutions 


STATE  FINANCES   (Cont'd) 
Expenditures  ( Cont'd ) 
Warrant  for  (Cont'd) 

tions.  Treasurer  to  disburse  state  moneys  according  to  law 
on  warrants  drawn  by  comptroller  and  on  checks  counter- 
signed by  him  and  not  otherwise.  (Md.  VI  2,  3.) 
No  money  to  be  paid  out  of  the  treasury  without  warrant  drawn 
by  proper  officer.  (N.M.  IV  30;  N.D.  XII  186;  S.D.  XII  1.) 
No  money  to  be  paid  from  treasury  without  warrant  drawn  by 

proper  officer  in  pursuance  of  law.      (Wyo.  Ill  35,  XVI  7.) 
Payment  from  treasury  forbidden  except  on  warrant  drawn  by 
proper   officer    in   pursuance   of   appropriation.      (Ala.   IV   72; 

Colo.  V  26;  Pa.  Ill  16.) 

No  money  to  be  paid  from  treasury  except  on  warrant  drawn  by 

proper  officer  in  pursuance  of  appropriation,  except  interest  on 

public  debt.      (Mont.  V  34.) 

No   money  to   be   drawn   from   the  treasury   except   on   auditor's 

warrant  drawn   on   appropriation  made  by  law.      (111.   IV   17; 

W.Va.  X  3.) 
No  money  to  be  drawn  from  treasury  except  on  warrant  issued 

by   auditor,   on   specified    appropriation.      (Nebr.    Ill   22.) 
No  money  to  be  drawn  but  upon  warrants  duly  drawn  by  comp- 
troller on  appropriations  made  by  law.     (Cal.  IV  22.) 
Treasurer  to  "  disburse  no  funds  "  except  on  order  of  comptroller 
countersigned  by  governor  in  manner  prescribed  by  law.      (Fla. 

IV  24.) 

State   treasurer    to   disburse    state  moneys   only   as   directed   by 

law  and  not  to  pay  warrant  or  order  for  disbursement  of  public 

money  until  such  warrant  is  registered  in  office  of  comptroller. 

(Conn.  IV  17.) 
Governor    may    draw    on    treasury    for    such    sums    as    may    be 
appropriated  by  legislature.      (Vt.  II  20.') 
Payment  — •  Checks 

Comptroller  to  countersign  treasurer's  checks  on  banks  in  which 

state  money  deposited.      (Md.  VI  2.) 
Receipts 

Treasurer  to  take  for  all  moneys  paid  by  him.     ,(Md.  VI   3.) 
Account   of  —  Publication 

Statement  of  all  "  payments "  of  state  to  be  published  as  pre- 
scribed by  law.     (Conn.  IV  21.) 
Accurate  and  detailed  statement  showing  amounts  paid,  to  whom, 
and   on  what   account,   to  be   published   as   prescribed   by   law. 
(Ark.  XIX  12;  Kan.  XV  5;   Ohio  XV  3.) 
Accurate  statement  of  to  be  published  with  session  laws.      (Cal. 
IV  22;  Fla.  Ill  19;  Ind.  X  4;  Iowa  III  18;  Md.  m  32;  Mich. 
X  17;  Nev.  TV  19;  Ore.  X  5;  S.C.  X  8;  Tenn.  II  24.) 
Regular   statement  and  account  of,   to  be  published   every  three 
months   and   also   with   session   laws.      (Ga.   Ill   Sec.  VII   11.) 
Regular  statement  and  account  to  be  published  every  three  months 
in   manner  prescribed  by  law.      (La.  45.) 


I 


STATE  FINANCES  (Conf 

EXPENDITTJKKS     (  Volt  t  '</  I 

Account  of  —  Publication    (Confrf) 
Regular  statement  and 


Regular   accdunt    to   be   publi 

bj    law.      (  Ala.    1\     72;    Del.   \  III 
Accural,    account   t<>  !"■  nnnuall)    pul 
Accurate    statement    to   be    publish* 

vided  by  law.      (Am.  IX  4;  Utah    il] 
Regular  statement  ami  aecounl 

men!  of  annual  session  of  legi 
Regular  statement    under  oath    i 

annually   in   manner  prescribe 
i  ompl'ete   and   detailed    Bt 

Accurate  itemized  statement  of  t"  !"■  pul>li»l 
nor  provided  bj  legislature;  ai 
by    governor    with    bis    mi 

Auditor  within  GO  day.-  after  a 
merit  of  all  money  expended 
amount  of  each  and  to  whom  and 

Miss.   l\ 

Statement   of  all  expenditures   o! 

Regular    statement    and    account 

Joint  standing  committee  of  legislal 
to   examine   and   report  on    all 
and    all    matters   of   alleged    abus 
their    attention    called    bj 

A ( i ' 1 1  vis 

As  to  duty  of  particular  officer  ' 
that  officer;  as  to  duty  of  public  ■ 

and  in  report,  See  Pubi  i<    0 

I.v  to  duty  to  keep  account  <>! 

For   provisions   requiring   publii 
md  expenditure,  See  the  spa 
Form  and  Method  of  Keeping 
Comptroller  ot  account 
dering  all  public  account 
,„   performance  of  bis  dul 
Comptroller   to  decide  on   I 

Legislature    to    provul     b; 
state  officials,  boa. 


Ill 


1  •*>">-  State   Constitutions 


STATE  FINANCES   (Cont'd) 
Accounts   [Cont'd) 

Form  and  Method  of  Keeping  (Cont'd) 

System  of  accounts  prescribed  for  by  legislature  to  provide  for 
"  accurate  records  of  all  financial  and  other  transactions  and 
for  cheeks  upon  all  receipts  and  disbursements  of  all  state 
officials,  boards  and  institutions  and  shall  be  uniform  for  all 
similar    boards,    institutions    and    county    officials  ".       (Mich. 

X  IS.) 
"  The  legislature  shall  provide  by  law  for  the  establishment  and 
maintenance  of  an  efficient  system  of  checks  and  balances  be- 
tween the  officers  of  the  executive  department  and  all  commis- 
sioners and  superintendents  and  boards  of  control  of  state 
institutions  and  all  other  officers  entrusted  with  the  collection, 
receipt,  custody  or  disbursement  of  the   revenue  or  moneys  of 

the  state  whatsoever."      (Okla.  V  60.) 

State    examiner    and    inspector    to    prescribe    uniform    system    of 

bookkeeping   for   the   use   of   state   and    of   county   treasurers. 

(Okla.  VI  19.) 

Legislature   to   require   all   money   collected  by  taxes,   fees,  fines 

and  public  charges  of  every  kind  to  be  accounted  for  by  system 

of  accounting  that  shall  be  "  uniform  for  each  class  of  accounts, 

state    and    local,    which    shall    be    prescribed    and    audited    by 

authority  of  the  state".  (Okla.  X  30.) 
Legislature  to  provide  by  law  for  establishment  and  maintenance 
of  efficient  system  of  checks  and  balances  between  officers  at 
seat  of  government  entrusted  with  collection,  receipt,  custody 
or  disbursement  of  revenues  of  state.  (Va.  V  84.) 
Commissioner  of  state  hospitals  for  insane  to  be  responsible  for 
proper  disbursement  of  all  moneys  appropriated  or  received 
from  any  source  for  maintenance  of  hospitals  for  insane  and 
to  cause  to  be  established  and  maintained  at  all  the  hospitals 
a  uniform  system  of  keeping  the  records  and  accounts  of 
money   received  and   disbursed   and   of  making  reports  thereof. 

(Va.  XT   152.) 
Custody 

C6mptr6*ller  to  preserve  all  public  accounts.      (Md.  VI  2.) 
Audit  and  Examination 
In.  General 

Legislature    to    provide    by    law    for    supervision    and    audit 
of    the    accounts    of    all    state    officials,    boards    and    insti- 
tutions by  "competent   state  authority".      (Mich.  X   IS.) 
Legislature    to    provide    by    law    for    monthy    investigations 
into      accounts     of     treasurer     and      auditor     of     public 

accounts.      ( Ky.    53.) 
Treasurer's   accounts  to  be   annually  audited.      (Vt.   II   26.) 
Reptir'ts  in   Auditing  Agency 

Legislature    to    provide   by   law    for    uniform    reports   of    all 
"public    aecourits "    to    "competent   state    authority"   for 

audit  thereof.     (Mich.  X   IS.) 


l\i>i,x    |)|. 


STATE  FINANCES   [Cont'd) 
Accounts  (Cont'd) 

Audit  and  Examination   1 1 
Reports  to  A  m 

Treasurer  to  Bubmit  to  , 
-in n  •■  fair  and  ai  - 
ami  settled  with  comptroll 
Legislature   "all    liia    | 
treasury    department  "    within 

By  Legislature 

GrovernoT    to   aec i 

paid  out  by  him.    |  Ala.  V 
V  7;  Mo.  V   Hi;   Mont.  VII 

And  for  all  moi 

Mo.  \ 
Treasurer    to   settle 
joint  commit tee  thi  < 

The  lower  house  of  legislatun 
accounts  of  .the  state,  n  la  I 
expenditure  of  the  r< 
and  adjust  the 
persons  and  direct  -nit  I 

Secretarj   of  state  as  i 
in   annual   examination   an 
counts  until   otherwise   pr« 

Legislature  at  each  regulai 
mittee  known  as  audit  ii 
or   oftener    in    it-    di 
auditor,    state   treasurer   i 
seat  of  government  "  v. 
accounting  for  the  state   revenui 
during  i 
employ  one'  or  a 

By  (! rand  Juty 

\t   least  once  a  y< 

of  officers  liaving  chargi    of  pt 
District  court  »i  countj  whi 
appoint   comn  itt 

-  nut  exceeding  Ave 
affairs  of  treasurer  a! 

Ihi  (lor,  rnor 
'      Governor  I 

dienl  under  oath,  Btat<   tn 

on   all    matter-    pertail 


1354  State  Constitutions 


STATE  FINANCES   [Cont'd) 
Accounts   (Cont'd) 

Audit  and  Examination   (Cont'd) 
By  Governor    (Cont'd) 

review  his  books  and  accounts.     Legislature  may  provide 
for    suspension    and    appointment   of    successor.       (Cia.    V 

Sec.  I  18.) 

Governor   to   examine   semi-annually    (or   oftener    if   deemed 

expedient )     under    oath    state    treasurer    and    comptroller 

on  all  matters  pertaining  to  their  offices  and  inspect  and 

review  their  bank  and  other  account  books.     (Md.  II  18.) 

Governor,  without  notice  to  treasurer,  to  go  to  treasury  and 

verify  cash  balances  treasurer's  books.      (Miss.  V  137.) 
Governor    to    inspect    books,    vouchers    and    public    funds    of 
officers  of  executive  department   and  ol   officers  and  man- 
agers of  state  institutions.      (Tex.  IV  24.) 
Governor   may    inspect   at   any    time   official   books,   accounts 
and    vouchers    of    officers    of    executive    departments    and 
superintendents    of    state    institutions    and    ascertain    con- 
dition of  public  funds  in  their  charge  and  in  that  connec- 
tion may  employ   accountants.      (  Va.  V  74.) 
By  State  A  uditor 

State    auditor   to    be    auditor   of   public   accounts   and   per- 
form dutie-  required  by  law.    (Utah  VII  17:  Wash.  Ill  20.) 
By  Secretary  of,  State 

Secretary  of  state  to  be  ex-officio  auditor  of  public  accounts. 

(Ore.  VI  2.) 
Secretary  of  state  to  be  ex-offioio  auditor  of  until  otherwise 

provided  by  law.      (X.J.  VIII   1.) 
Secretary  of  state  to  be  ex-officio  auditor.     (Wis.  VI  2.) 
By  Comptroller 

"  Comptroller  of  public  accounts  to  be  ex-officio  one  of  audi- 
tors  of  treasurer's  accounts   and   to  adjust  and   settle  all 
public    accounts    and    demands   except    grants    and    orders 
of  the"  legislature.     Legislature  may  prescribe  manner  of 
performance  of  his  duties.      (Conn.  IV  19.) 
Comptroller   to    "  examine,   audit,   adjust   and   settle    the   ac- 
counts of  all  officers  of  the  state".     (Fla.  IV  2.3.) 
Treasurer   to   render   quarterly   accounts  to  comptroller   and 
at  all  times  submit  to  comptroller  "the  inspection  of  the 
money  in  his  hands".      (Md.  VI  4.) 
By  Stale  Examiner 

State  examiner  to  examine  books  and  accounts  of  such  public 
officers,  perform  such  duties  and  have  such  powers  as 
prescribed  by  law.  (Ariz.  XXII  18.) 
State  examiner  appointed  by  governor  to  examine  the  ac- 
counts of  state  "treasurer,  supreme  court  clerks,  district 
court  clerks,  and  all  county  treasurers,  and  treasurers  of 
such  other  institutions  as  the  law  may  require  and  per- 
form other  required  duties.      (Mont.  VIT  8;  Wvo.  IV  14.) 


Index   Dig] 

STATE  FINANCES   (Cont'd) 
Accounts  (Cont'd) 

Audit  and  Examination    i  ( 
By  State  Examiner  c 
State  examiner  and   i 
three  y<  :perienc< 

without  notice  to 
"ii  hand  or  in  banl 
twice  earl,  year.    For  pur] 
take    complete    possession 

Report  of  .1  uditing  .1  -;■ 

Result    of   monthly    invi 

and  auditor  of  public  account  ■ 
and  published  semi-annually  in  t .. 
to   transmit  reports    t  ■ 
session,  "  for  scrutiny  and  apprupi 
Governor  to  publish  fai  - 
on    treasui 

books  i-  actually  in  trei 
had  notice  thai   the  verifl 

Auditor   of  public  accounts   I 
full    and    complete    reporl    sho\ 
before  December  31sl  of  each 

Grand  jury  to  report  in  writing 
acts    of    officers    having 

State  examiner  to  report   at   li 
designated  by  legislature  ; 
he  audits.     (Mont.  VII   B;   Wyo    [\ 

Suite  examiner  and  in- ; 
and  county  treasu 

Treasurer's  account-  to  be 
tliereof"  laid  before  legislal 

Legislative  commit ; 
and  accounts  of  au  Li 
cers  at  seat   of  gi 
by  him  submitted  to  legisl 
and  to  be  published  in  two  n< 

Public  Inspection 

All   public  accounts  and   the  audi!    I 

open    to    inspection.      (Mich. 
Annual   account   and    -       ' 

received  or  d,isbui 

of   people   at    SUCh   eonv. 


1356  State  .Coxsti'ittions 


STATE  INSTITUTIONS 

Charitable,  bee  Charities. 
Educational,  Hee  Education. 
Penal,  Hee  Penal  Institutions. 
Accounts 

For  audit  and  system  of  accounts,  Hee  State  Finances  —  Accounts. 

Boards  of  public  institutions  to  render  in  writing,  when  required  by 

governor,   itemized   accounts  of   receipts   and   expenditures,   as  part 

of  report.      (S.C.  IV   14.) 
Officers   of  public   institutions   of   state  to   keep   account   of   moneys 
received  and  make  report  thereof  to  governor  under  oath,  annually 
and  at  such  other  times  as  governor  may  require.      (N.M.  V  9.) 
Officers  to  keep  account  of  all  moneys  received  or  disbursed  from  all 
sources    and    for    every    service    performed;     semi-annual    report 
thereof  to  governor  under  oath;  making  false  report  to  be  perjury. 
(111.  V  20;  Nebr.  V  21;  W.Va.  VII  17.) 
Officers  to  keep  accounts  of  moneys  received  from  all  sources  and  for 
every  service  performed  and  of  all  moneys  disbursed  by  them;  semi- 
annual   report    thereof    to   governor    under    oath.      (Colo.    IV    16; 

Ida.  IV   17;    Mont.  VII    19.) 
Officers  and  managers  to  keep  accounts  of  all  moneys  and  choses   in 
action   received   and  disbursed   or   otherwise   disposed   of   by  them 
from    all    sources    and    for    every    service    performed;    semi-annual 
report  thereof  to  governor  under  bath.     Person  making  false  report 
to  be  guilty  of  perjury  and  removed  from  office.     (Tex.  IV  24.) 
Legislature  to  provide  for  keeping  of,  by  all   state  institutions,  and 
for  report  to  proper  authority.      (Mich.  X   18.) 
Administrative  Authority 

Board  of  Commissioners  of  State  Institution's  composed  of  governor 
and  administrative  officers  of  executive  department;  to  have  super- 
vision of  all  matters  connected  with   such   institutions  in   manner 

prescribed  by  law.     (Fla.  IV  17.) 
Trustees  now  elected  by  legislature  and  trustees  of  institutions  here- 
after created,  to  be  appointed  by  governor  with  advice  and  consent 
of  senate;   questions  to  be  taken  by  yeas  and  nays  and  entered  on 
journal;  vacancies  filled  by  governor  till  next  session  of  legislature 
and  until  successor  qualified.      (Ohio  VII  2.) 
Boards  now  r>r  hereafter  established  by  law,  legislature  may  authorize 
to  hold  office  for  six  years;    one-third  elected   or  appointed   every 
two  years  as  legislature  may  provide,  and  vacancies  filled   as  pre- 
scribed by  law.     (Tex.  XVI  30a.) 
Regents,   trustees   or   commissioners   of   state   institutions   for   public 
good    to    be    appointed    by    governor    with    advice    and    consent    of 

senate.      (Wash.  XIII   1.) 
Boards  of  control   as   prescribed   by  law  for   institutions   established 
by  legislature  for  public  good.      (Utah  XIX  2.) 
Bonds  for,  See  State  Debt — Purtose  —  Public  Buildings. 
Establishment  and  Support 

Institutions  required  for  public  good  to  be  established  and  supported 
by  state  in  manner  prescribed  by  law.  (Ariz.  XXII  15;  Colo.  VIII 
1:  Mont,  X  1;   Okla.  XXI  1;  Utah  XIX  2.) 


1  Mil  \     1  In.  I  -  I 


STATE  INSTITUTIONS    (Coni 

Establishment  and  Sttppori    (Cont'd) 

Institutions  required    for    pul 

by  state,  subjed  to  regul  tl 
Institutions  required  for  publii 

by    state    in   maimer    pri 

reasons  may  cause  removal  to  ru 
Legislature    not   to   locate    institul 

constitution,   except    uridi  i 

All   public   institutions  not   loi 

190'7,  to  be  located  in  count}   i 
wise  provided  fey   law  ratified  by 

by  a  majority  of  votes  cast  on  question 
Various  state  institutions  ! 

granted  it  by  United  States  urn 

ISS'9,  to  be  disposed  of  and  us 

limitations  of  article  on  school  and  public 

tion  of  similar  character  to  be  establ 

revision   of   constitution.      (X.I).    X  I x- 

Gbants  to 

See  Public  Lands  —  Trusts  in. 
See  Public  Property  — Tki  sis. 

Investigation 

Governor   may,   at  any   time',   a]. point    coi 
report  to  him  upon  condition  of  any  - 

F  it.  vii  •  n 

Reports 

Legislature  to  make  provision  concerning  annu 
5  of. 

Officers  to  report  to  governor  at  least  10  days  pn 

se-sion  of  the  legislature;   transmit., 

(Ill   V21;  Kan.  I  16;  Nebr.  V  22;  W.Va.  M 

Same;' 20  days.      (Colo.  IV  IT  ;  Ida.  IV   IT:   Mont.  VD   I 

Same;   30  days.     (N>M.  V  9.) 

Hoards  of  public  institutions  to  report  ... 
ing  to  concerns  of   institution,  when   re 

i      ,„^r.rf»  =-.  writii 
Officers  and  managers  to  make  re 

to  condition,  management  , 

■     .      i(\A„    IV  8;  M'    IV  8;  ni    \ 
Same;   oath  required.      (Colo.  l\ 

Same;  oath  required;   | 

p^-ury- 'and  removed  from  offic 


l."jr»8  State  Constitutions 


STATE  INSTITUTIONS   (Cont'd) 

Reports   (Cont'd) 

Officers   of   state    institutions,   penal,   eleemosynary,   educational    and 
industrial,  to  report  in  writing  on  subject  relating  to  office  when 
required  by  governor;   making  false  report  to  be  punished  as  pre- 
scribed by  law.      (Okla.  VI  33.) 
Officers   and   managers   to   make    reports    in   writing   under   oath,   on 
subject    relating    to   condition,    management   and   expenses   of   office 
and   institution,   when   required   by   governor;    failure   to   report  or 
making  false  report  is  impeachable  offense.      (Ala.  V  121.) 
Officers    and    managers    to    make   reports    in    writing   under    oath,   on 
subject  relating  to  condition,  management,   and   expenses  of   office, 
when    required    by    governor    or    by    either    house    of    legislature. 

(Nebr.  V  22.) 
Financial  reports,  See  also  above,  this  title,  Accounts. 
Officers  to  report  to  governor  at  least  five  days  before  each  regular 
session  of  legislature.      Governor  transmit-;   reports  with  message. 

(N.C.  Ill  7;   Ohio  III  20.) 
Territorial  Institution 

Institutions  of  territory  to  become  institutions  of  state  upon  adoption 
of  constitution.      (Ida.  X  4;  Utah  XIX   1.) 
STATE  LIBRARY,  See  Libraries. 
STATE  PAPER 

Legislature  not  to  establish.      (Mich.   V   35.) 
STATE  PRINTING,  See  Public  Printing. 
STATE,  SUITS   AGAINST,  See  Suits   Against  State. 
STATE  TREASURER,  See  Treasurer. 
STATE'S  ATTORNEY,  See  Prosecuting  Attorneys. 
STATISTICS 

Census,  See  Census. 

Legislature  may  provide  for  establishment  of  Board  of  Health  and  Vital 

Statistics.       (Tex.   XVI    32.) 
Bureau   of   Vital    Statistics   to   be    established    in    connection    with    State 

Board  of  Health  with  powers  prescribed  by  law.      (Wash.  XX  1.) 
Legislature  to  establish  Department  of  Agriculture,  Immigration  and  Sta- 
tistics, under  such  regulations  as  may  best  promote  agricultural  interests 

of  state.      (.N.C;  III   17.) 

Bureau   of   statistics,    agriculture    and    immigration    to  be   established    in 

office  of  secretary  of  state  under  regulations  prescribed  by  law.     (Wash. 

II   34.) 
Bureau  of  Immigration,  Labor  and  Statistics  established  under  charge  of 
commissioner    appointed   by    governor    with    consent   of    senate    to    hold 
office  for  two  years  and  until  successor  qualified,  unless  sooner  removed. 
To   collect    information    on    subject   of   labor    and    report    in    writing   to 
governor    containing    recommendations    (1).      To    perform    duties    and 
receive  compensation  prescribed  by  law   (S).      (Ida.  XIII  1,  8.) 
Legislature  may  establish  Bureau  of  Labor  and  Statistics  under  regula- 
tions to  be  prescribed  by  law.      (Va.  V  86.) 
Bureau  of  Industrial   Statistics   to  be  in  department  of  secretary  of   in- 
ternal  affairs.      (Pa.   IV    19.) 


Index   Dioj 


STATISTICS    (Cont'd) 

Bureau  of,  may  be  established  in 

lations  to  be  prescribed  by  1. 
Legislature  may   provide  for 

tistica  and  history,  term  of  office,  duti< 

Commissioner  of  Agriculture,  Lab 
STATUTES   OF   LIMITATIONS,   , 
STEAMSHIP  COMPANIES 

For  provisions  relating  to  nil  emu  mm' 
For  provisions  relating  to  oil  tray 

tion  Companies. 
For  provisions  relating   to  «\i  pu\ 

Service  Corporations 
For  provisions  relating  to  all 
Appeals   from   rates,   classifications,  ordei 

to  civil  courts  provided  for.  if] 
Corporate  powers  and  privileges  issued  and 

panies  by  secretary  of  state,  as  prescribed  bj 

named  by  law  if  he  is  disqualified.     (Qa.   li 
Free    service    or   reduced   rates   not    forbid 

ments.    charities,    fairs,    destitute    or    in 

ho; 

Penalty   for   unlawful   rates   or   violating  ordi 

Provision  made  in  detail  for  organiastioi 
on    compliance    with    enumerated    proi 
duct    of   business,   etc.,  shall  be  exempt    in- 
state   and   local,   general   and   spe« 
levee    dues,   for    15   years.     (La.   230.) 

Rates  controlled  by  railroad  commission; 
longer    distance    only    with    permission    i 

Rates   lived   by   railroad   commission    remain    i. 
penalty   parable   state   for  each   day   susti 

RigM   of   eminent   domain   granted   a 

plant  to  build  and  repair 
Taxation.    See   TAXATION  -  SUMPTIONS  - 
STREET  RAILROADS 

For   provisions  relating  to  all  ra 
For    provisions   relating    to   all    I 

ppbtatton  Companies.  uuk»*. 

For  provisions  reUt^ng  to  all  , 
For   provisions   relating    to   all 

SERVKl      I   oRPORATTONS. 

For  provisions   relating   to  all 

Declared    to    be    public   uti.it,. 

which  mav   fix  rates,  when  , 


May   carry   policemen   and  firemen  '    '« 


i:5(iO  State   Constitutions 


STREET   RAILROADS    (Cont'd) 

Fellow-servant  doctrine  abolished  as  to  any  servants  of  common  master; 

act  applies   to   receivers.      (Okla.   IX   36.) 
No   street   passenger    railroad    may    be    authorized    to    be    constructed    in 

incorporated  town  or  city  by  local  or  special  law.      (La.  48.) 
Legislature    not    to    grant    by    local    or    special    law    right    to    lay    down 

tracks  except  as  prescribed  by  general  law.  (Miss.  IV  90.) 
Contract  or  agreement  by  ordinance  with  municipalities  as  to  com- 
pensation for  use  of  streets  or  alleys  not  annulled  or  interfered  with 
by  certain  taxation  provisions  of  constitution.  (Va.  XIII  177.) 
Legislature  not  to  pass  law  granting  right  to  construct  and  operate 
street  railroad  on  any  public  highway  without  necessity  first  acquir- 
ing the  consent  of  local  authorities  having  control  of  such  highway; 
and  franchises  so  granted  not  to  be  transferred  without  similar  assent. 

(Mo.  XII  20.) 
No    law    to   be   passed    by    legislature    granting    right    to    construct    and 
operate  street   railroads,   without   first   obtaining  consent   of   local   au- 
thorities in  control  of  streets  or  public  places  proposed  to  be  occupied 
for  any  such  or  like  purposes.      (S.C.  VIII  8.) 
For  consent  of  city,  municipality,   toicn,  or  village   to  construction  and 
operation,  See  the  subhead  Public  Utilities  under  the  specific  title. 
Taxation 

See  Taxation  —  Objects  and  Kinds  op  Taxation  —  Cobpobattons. 
See  Taxation  —  Object's  and  Kinds  of  Taxation  —  Public  Utili- 
ties. 
STREETS,  See  Roads,  and  references  there  given. 

SUBDIVISIONS  OF  STATE,  See  Municipalities. 

SUCCESSION,  See  Decedents'  Estates. 

SUICIDES 

Estates  of  shall  descend  as  in  cases  of  natural  death.  (Colo.  II  9;  Del. 
I  15;  Ky.  21;  Mo.  II  13;  N.H.  II  88;  Pa.  I  19;  Tenn.  I  12;  Tex.  I  21; 
Vt.  II  61.) 

SUITS  AGAINST  STATE 

For  filing  and  audit  of  claims  against  state,  See  State  Finances. 
Limitation  of  actions,  See  Courts  —  Limitation  of  Actions. 
State  never  to  be  made  defendant  in  any  of  its  courts.      <Ark.  V  20.) 
State  never  to  be  made  defendant  in  any  court  of  law  or  equity.      (Ala. 

I  14;  111.  IV  26;  W.Va.  VI  35.) 
May  be  brought  according  to  regulations  made  by  law.      (Del.  I  9.) 
Suits  may  be  brought  against  state  in  such  manner  and   in  such   courts 

as  prescribed  by  law.      (Cal.  XX  6;  Ohio  I  16;  Ttenn.  I  17;  Wyo.  I  8.) 
Same;   adds  "and  in  such  cases".      (N.D.  I  22;  Pa.  I   11.) 
iState  may  sue  and  be  sued,  and  legislature  to  provide  by  law  in  what 

manner   and   in  what   courts   suits   shall   be  brought.      (Xebr.   VI   22.) 
Legislature    shall    direct    by   law   in    what   manner    and   in    what    courts 

suits   may   be  brought   against  state.      (Ariz.   IV   Pt.    II    18;    S.D.   Ill 

27;   Wash.  II  26;   Wis.  TV  27.) 
Same;   "may"   instead  of  "shall".      (Ky.  231.) 


SUITS  AGAINST  STATE   (Cont'd) 
Legislature   may   provide   bj    !.,,.    , 

may   be  established 
Provision  may  be  made  b 

as  to  all  liabilities  originate 

Provision   may   h,   made  b 
as    to    all    liabilities    nov 


Provision    may    be    made    1';. 
as  to  all   liabilities  originatin 
of  constitution  ;   hut  no  special 
or    making   compensation    to    : 

Same;  omits  "or  existing  at   tunc  of"         I 
Highest    court    to    have   original    jurisdict 

decisions    to    he    merely    recommei 

execution    to    issue    thereon,    hut    to    be    i  • 

legislature  for  action.     (Ida.   V    II 
Whenever    legislature    author i 

in   act  that    suit    lie   instituted   before  di 

citation    be    served    on    govern 

court    shall    have    appellate    jurisdiction 

involved,  that  only  object  of  suit  and 

judicial    interpretation  of  legal   rig 

legislature  in  making  appropriations;   t> 

on   plaintiff  to  show  claim    sin,!    1; 

state  incurred  in  strict  conformity 

tution  of  state  or  of  United  States    md 

that  all  these  things   shall   1 

ment   is   recognized    for   any    put; 
Legislature  not  to  pass  law  and   governor   01 

enter   into  contract  or  agreement    wherel 

suit    in    court    of    this    state    or    of    1  in- 
validity of  bonds  or  obligations   prono 

lature   and   constitutional    amend' 

1877,   or   obligations   created    by    stal 

war   between    states,  or   boi 

into   during  existence  of  such   war.  time 

fixed    after    ratification    of    tr< 
State  officers  or  members  of  legislatui 

as   counsel,  agent  or  attorney   in    pr« 

SUPERIOR  COURTS,  See  Courts  —  < 

SUPPLIES  FOR  STATE,  See  Public 

SUPREME  COURTS 

See  Cot  rts  —  Highest  Coi  rt. 

See  Courts  — General  Tri.u-  CotJBl 


1362  State  Constitutions 


SURETY  COMPANIES 

For  provisions   relating    to  all   corporations,   See   CORPORATIONS. 

Duly   organized   and  responsible   foreign  or  domestic   companies,  lawfully 

doing   business   in    state,    may    be    sureties   on    bonds    of    state,    county 

and   municipal   officers.      (Fla.   XVI    13.) 

Where   organized    for   purpose    and   authorized    to   do  business    in    state, 

may    be    sureties    on    bonds    of    state,    county    and    municipal    officers. 

(Ark.  XIX  21.) 
SURROGATES,  See  Courts  —  Probate  Courts. 
SURVEYOR-GENERAL 

Under  this  heading  arc  digested  those  provisions  which  specifically  refer 
to    this   officer.     For  provisions   relating    to   all   officers   and   hence   to 
this  one,  See  the  title  Public  Officers. 
Abolition  of  Office 

In   discretion   of   legislature.      (Cal.   V    19.) 
Clerical  Assistants 

No  salary  for  clerical  service  to  exceed  $1,S00  for  each  clerk.      (Cal. 

V  19.) 
Compensation 

$5,000  to  be  in  full  for  all  services  rendered  in  official  capacity  or 

employment    during    term    of    office.      (Cal.    V    19.) 
Paid  quarterly   out  of  state  treasury.      (Nev.   XVII   5.) 
Increase    or    decrease    prohibited    during    term    for    which    elected; 
legislature  may  diminish  compensation,  but  shall  not  have  power 
to  increase  above   sum   fixed   in  constitution.      (Cal.   V   19.) 
Fees  or  perquisites  for  performance  of  any  official   duty  not  to  be 

received    to    own    use.      (Cal.    V     19.) 
Fees    or    perquisites    for    performance   of   duty    connected    with    office 
or  for  performance  of  additional  duty  imposed  by  law  not  to  be 
received    to    own    use.      (New    XVII    5.) 
Election 

At   same   time  and  places   and    in   same   manner   as  governor.      (Cal. 

V   17;   Nev.  V   19.) 
Impeachment 

For   misdemeanor   in   office.      (Cal.  IV  18.) 
Powers  and  Duties 

As   prescribed  by  law.      (Nev.  V  22.) 

To  be  exercised  and  performed  by  secretary  of  internal  affairs,  sub- 
ject to  such  changes  as  shall  be  made  by  law.     (Pa.  IV  19.) 
Qualifications 

\ny  elector  eligible.      (Nev.  V  19.) 

Not  to  hold  office  of  governor,  lieutenant-governor,  justice  of  high- 
est    court,     treasurer,     member     of     legislature    or     sheriff.      (Vt, 

Term  of  Office  TI  5°') 

Same  as  that  of  governor.      (Cal.  V  17;   Nev.  V   19-.) 

TAXATION 

Power  to  Tax 

Under  this  subhead  arc  digested  only  those  provisions  which  relate 
lo  the  power  of  taxation  in  general.  For  provisions  relating  spe- 
cifically to  any  form  or  ohject  of  taxation,  See  the  specific  subhead. 


1  M  .  !•  \      Dl( 


TAXATION    (Cont'd) 

Power  to  Tax  [Cont'd) 
In  General 

■•  The  state's  ancient  right  oi 

Declared  "  sovereign  right,  inalienal 
of  tin-  state  and  rightfully  bel  ■ 
lican  governments  ".     Neithei 

ablished  by  consl  ii  ul  ion  to  "  ii 
or  restrain  this  right  ".     I 
to  the  contrar  void.     Right 

under   complete   control   of   and    i 
standing   anj    giftj   grant 

••  Paupers    ought    not    to    b< 
government;  but  everj   person  in  the 
property  therein,  ought    to  roi 
lie  taxi's   fur  tlic  suppoi  i 
actual   « orth  in  real  or   pei  sonal   pn  • 
in-  taxes  maj    properly  and  justlj 
political  view  from  the  good 
community."      (Md.   Bill  of   R 

Speciflcat  ion  of  subjects  and  i 
legislature   of   power   to   ts 
sistfiit     with    principles    of    i 

Persons  residing  on  Indian  lands  within  it 

••  Public   charges   of  government    or    anj 

raised  by  taxation."      (N.H.    II    I 
••  The  burdens  of  the  stati    •  ughl   to  1 

Lew  of  taxes  to  be  under  general   I 
1;  da.  VII   Sec.   Ill;    [da.  VII  5;   K 
Ml    1.1;  Okla.  X   lh   Pa.  1\    I 

Special  or  local  legislation  "  to  anile 

Manner,  method  and  mode  of  levj 

N"o  tax  to  be  levied  except    in 
\,-k    \VI   11;   Fla.  IX  3;   K  u 
5-   Ore.    IX    3;    S.C. 


Taxea  i„  force  when  th 
in  same  mannei    and 
b3    statute.      (N.D.   \l 
Consent  of  People  or  Representat. 
X,,  tax  or  iluiv  to  be  imposed  wit! 

representative-   in    I 

1 


DJU-i  State  Constitutions 


TAXATION   (Cont'd) 

Power  to  Tax   (Cont'd) 

Consent  of  People  or  Representatives   (Cont'd) 

People  ought  not  to  be  taxed  or  subject  to  pay  any  "  impost  or 
duty"  without  consent  of  themselves  or  their  representatives 

in  legislature.     (X.C.  I  23.) 
"  No    aid,    charge,   tax,   burthen    or    fees    ought    to    be    rated,    or 
levied,  under   any  pretense,  without  the  consent  of  the  legis- 
lature."    (Md.  Bill  of  Rights  XIV.) 
•'  No  subsidy,  charge,  tax,  impost  or  duties   ought  to  be  estab- 
lished,   fixed,    laid    or    levied    under    any    pretext    whatsoever 
without  the  consent  of  the  people  or  their  representatives  in 
the  legislature."      (Mass.  Pt,  I  23;   S.C.  I  7.) 
No  tax,  subsidy,  charge,  impost  or  duty  to  be  established,  fixed, 
laid  or  levied  without  consent  of  people  or  their  representa- 
tives   in    legislature    or    authority    derived    from    legislature. 

(N.H.  I  28.) 
Limitations  Upon 
In  General 

"  Duplicate  taxation  of  property  for  the  same  purpose  dur- 
ing the  same  year"  prohibited.      (Ida.  VII  5.) 
Laws  "  taxing  retrospectively  sales,  purchases  or  other  acts 
previously  done''  ought  not  to  be  passed.      (X.C.   I  32.) 

Purpose 

To  be  levied  and  collected  for  public  purposes  only.  (Ariz. 
IX   1;   Ky.   171;   N.D.  XI   176;   Mo.  X  3;   Mont.   XII    11; 

S.D.  XI  2;   Tex.  VIII  3.) 

To  "be  levied  and  collected  for  public  purposes".      (Minn. 

IX   1.) 

To  be  levied  for  public  purposes  only,  except  that  taxes 
may  be  levied  when  necessary  to  carry  out  provisions  of 
constitution  authorizing  state  to  engage  in  occupation  or 
business  for  public  purposes.      (Okla.  X  14.) 

Before  law  to  raise  tax  is  passed  its  purpose  "  ought  to 
appear  evident  to  the  legislature  to  be  of  more  service 
to  community  than  the  money  would  be  if  not  collected  ". 

(Vt.  Chap.  1  Art.  IX.) 

Taxing  power  to  be  exercised  only  to  maintain  state  govern- 
ment and  institutions,  to  educate  children  of  state,  to  pre- 
serve public  health,  to  pay  principal  and  interest  of  pub- 
lic debt,  tosuppress  insurrection,  repel  invasion  or  defend 
state  in  time  of  war,  to  provide  pensions  for  Confederate 
veterans  and  their  widows,  to  establish  monuments  on 
battlefields  of  Civil  war.  to  maintain  memorial  hall  for 
preserving  relics  of  Civil  war,  ami  for  levee  purposes  as 
provided  in   the  constitution.      (La.  227.) 

Xo   tax  to  be.  laid   for   aid    to   church,   private  or   sectarian 

school.     (Ariz.  IX  10.) 


1  NM'.X      I  )|. 


TAXATION  (Cont'i 

Power  to  Tax   i  Confd) 

Limitations  Upon    i  (  or 
Purpose  | <  urn 
No  person   to 
repairing  plai  e 

No   person   to  be  com] 
rates  for  construction  | 

No  person  to  be  i  omp 
rates  "   for   support   "i    m 

■ 

Legislal  ure  uo1   to  aul  I 
and  district    to   h  \  j    on   1 1 
erection  or  repair  of  hi 
port  of  anj   church  or  mil 

No  tax   to   be   laid 

Right    of   eminenl    '1 ain 

taxation  or  forced  Bub 

or   any  other   kind   of  coi  ; 

or  for  the  benefit  of  am  indh 

Not  to  he  levied  for  the  bei 
of  state  n«,r   for  paying  in 

■ 

Not   to  lie   levied    for   paying 
counties  or  by  corporation 

Not  to  he  levied   f. 

Special  or  local  legislation  "  nuth 

a   private  purpo 
Application  of  Proceeds 

Limited    to    ohje.-t 

Kan.   XI    1:    N.C.   \    7:    N".D.    "■    "- 

Limited  to  pur,  ted   in  1 

Limited  to  pui 
>:,,  tax  levied  and  colli 
to  another  pvu  ; 
Surrender  of,  Forbidden 

"  The  power  of   taxation   -lull   ' 

or  contracted  awa; 
"Legislature  shall   never   in 
power  of  taxation."     I  Me. 


1366  State  Constitutions 


TAXATION  (Cont'd) 

Power  to  Tax    (Cont'd) 

Surrender  of,  Forbidden  (Cont'd) 

Not  to  be  surrendered  or  suspended  by  any  grant  or  contract  to 

which  stale  is  party.      (Cal.  XIII  6.) 
Not  to  be  surrendered  or  suspended  by  any  grant  or  contract  to 
which  state  or  county  or  other  municipal  corporation  is  party. 

(N.U.  XI  17S;   Wyo.  XV  14.) 

Not  to  be  surrendered  or  suspended  by  any  grant  or  contract  to 

which   state  or   any  municipal  corporation   is   party.      (Mich. 

X  9.) 
Power  to  tax  corporations  or  corporate  property  not  to  be  sur- 
rendered or  suspended  by  any  contract  or  grant  to  which  the 
state  is  party.      (Ark.  XVI   7;    Ga.  VII  Sec.  II  5;   Ky.   175; 
Mich.   X   9;   Pa.   IX   3;    8.D.   XI   3,   13;    Tex.  VIII   4;' Wash. 

VII  4.) 
Power  to  tax  corporations  and  their  property  never  to  be  sur- 
rendered or  abridged  by  any  contract  or  grant  to  which  state 
is  party;  but  this  subject  to  exception  in  favor  of  manufactur- 
ing and  public  utility  enterprises.  (Miss.  VII  1S2.) 
Power  to  tax  corporations  or  their  property,  real  and  personal, 
never  to  be  relinquished  or  suspended.      (Colo.  X  9:   Ida.  VII 

S;  Mont.  XII  7.) 
Power  to  tax  corporations  or  corporate  property  not  to  be  sur- 
rendered or   suspended  by   act  of  legislature.      (La.  228;    Mo. 

X  2;  Tex.  VIII  4.) 
No  general  or  special  law  to  surrender  or  suspend  right  and 
power  of  state  or  any  political  subdivision  thereof  to  tax  cor- 
porations and  corporate  property  except  as  authorized  by 
article  on  taxation.  (Va.  IV  64.) 
Right  to  tax  property  of  Illinois  Central  Railroad  in  accordance 
with  charter  of  February  10.  1S51,  not  to  be  released,  sus- 
pended, modified,  altered,  remitted  or  in  any  way  diminished 
or  impaired  by  legislative  or  other  authority.      (111.   Amend. 

'.    „     ..•-.  1870  — 111.  Central  Railroad.) 

Delegation  of,  Forbidden 

Legislature  not  to  delegate  taxing  power  to  individuals,  private 
corporations  or  associations.      (Ala.  XI  212.) 

Legislature  not  to  delegate  taxing  power  to  any  special  commis- 
sion, private  corporation  or  association.      (Mont.  V  36.) 
Investigation 

State  corporation  commission  may  be  charged  with  "  investiga- 
tion of  the  subject  of  taxation  generally  ",  and  to  recommend 
in  annual  report  to  governor  such  new  or  additional  legisla- 
tion in  reference  to  the  subject  of  taxation  as  it  deems  expedi- 
ent or  as  required  by  law.  (Okla.  IX  19,  25.) 
Law  Authorizing 
Contents 

Every  law  imposing,  continuing  or  reviving  tax  to  distinctly  state 
the  tax,  and  not  sufficient  to  refer  to  any  other  law  to  fix  the 
tax.     (Ariz.  IX  9;  Iowa  VII  7;  Mich.  X  6;  N.Y.  TTI  24.) 


I  .\  I  I  I 

TAXATION  {Cont'd) 

Law  An  hobizing    (Cont'd) 
Contents   (Cont'd) 

Every  law  imposing,  rontinuii 
state  tax,  and  no  law 
requires  reference  to  ai 

Laws  imposing,  continuiuj 
objects   for  which   ii    9hall 
refer  to  any  other  law  to  fix   ■ 
VII   7;   Mich.   X   6;    VY.    Ill 

Law  authorizing  tax   to   si 

Law  imposing  tax  to  state  d 

Ark.   XVI   11;    Kan.   XI 

w 
Law  levying  to  state  distinctly  its  pur| 

Every  aet  of  legislatur ordina 

municipal   board   or   local 
speeify  distinctlj   pur  pi 

Procedure  on  Passage 

No  tax  to  he  laid  excepl    to 

debts  of  stair,  for  defi  a;  ing  i.< 
to   sustain    common    -■  In  ola 
insurrection  except   bj 

No  bill  "  providing  foi 

become  law   excepl   bj    v.  be  of  thr< 
house  pro. 'in  and  voting. 

Law  authorizing  tax  or  allowing 
impose    tax    must    1"-    read    "tin-  • 
"  three  several  readings  "  on  three  diffi 
by  each  house  and  \  eas  and  n 
entered    on    journals.       iX.C.    II 

On  final  passage  in  either   I 

or    reviving    a    tax    question    t>>   h 
entered    on    journal-:    and    tin.  • 
either  house    required    for  qu   i  urn. 

No  bill  which  imposi  -.  continui 
excepl   h.\   affirmative  vote  of  i 
to  each  house; 
against    entered   on  :V 

Two-thirds  of  memb 

On    passage    any    law     im] 
question  shall  I 
and  tine,  tilth-  of  membei 
required  for  quorum.     [Wis.  VIII 


1368  State  Constitutions 


TAXATION  (Cont'd) 

Law  Authorizing   (Cont'd) 
Referendum 

For  referendum  on  bills  levyiny  taxes,  See  Initiative  and  Ref- 
erendum. 

Legislature  to  provide  by  special  laws  fur  elections  for  imposition 

of  special  taxes.      (La.  212.) 

Legislature  not  to  declare  emergency  in  bills  regulating  taxa- 
tion.     (Ore.  IX  la.) 

Election  on  levying  special  tax  excepted  from  provision  that  no 
property  qualification  shall  be  required  for  any  person  to  vote 

at  elections.     (Utah  IV  7.) 
Objects  and  Kinds  of  Taxation 
Banks  and  Banking 

See  also  below,  this  subdivision,  Stocks  and  Bonds. 

The  moneyed  capital,  reserve,  surplus,  undivided  profits  and 
other  property  of  unincorporated  banks  or  bankers,  or  held 
by  any  bank  located  in  this  state  which  has  no  shares  of 
capital  stock,  or  employed  in  this  state  by  any  branch  or 
agent  of  banks  doing  business  outside  of  this  state,  shall  be 
assessed  and  taxed  to  such  banks  or  bankers  by  board  of 
equalization  in  same  manner  and  at  same  rate  as  provided  by 
constitution  as  to  shares  of  stock  of  incorporated  banks;  value 
to  be  determined  by  taking  entire  property  invested  in  busi- 
ness together  with  reserve,  surplus  and  undivided  profits  at 
full  cash  value  and  deducting  assessed  value  of  real  estate 
other  than  mortgage  interests  therein  owned  by  bank  and 
taxed  for  county  purposes.  Such  taxes  shall  be  in  lieu  of  all 
other  taxes  and  licenses,  state,  county  and  municipal,  upon 
such  property  except  county  and  municipal  taxes  on  real 
estate  and  except  as  otherwise  provided  in  this  section  of  the 
constitution.  The  word  "  banks "  includes  banking  associa- 
tions, savings  and  loan  societies  and  trust  companies,  but  not 
building  and  loan  associations.      (Cal.  XIII   14  c.) 

Legislature  to  provide  for  taxing  "  notes  and  bills  discounted 
or  purchased,  moneys  loaned  and  other  property,  effects  or 
dues  of  every  description  (without  deduction),  of  all  banks 
now  existing  or  hereafter  to  be  created,  and  of*  all  bankers; 
so  that  all  property  employed  in  banking  shall  always  bear 
a  burden  of  taxation  equal  to  that  imposed  upon  the  prop- 
erty of  individuals  ".      (Kan.  XI  2.) 

All  banks,  banking  associations,  corporations  or  companies  doing 
business  in  state  but  domiciled  elsewhere,  who  in  own  name  or 
through  agents  engage  in  state  in  business  of  loaning  money 
or  dealing  in  bills  of  exchange  exclusively,  to  pay  yearly 
license  tax  of  $250  to  state,  and  like  tax  to  municipal  or 
parochial  corporation,  and  in  addition  to  pay  to  state, annual 
tax  21/'  per  cent,  on  gross  interest  earned  on  all  money 
loaned,  and  like  tax  to  municipal  or  parochial  corporation, 
and  to  be  subject  to  no  other  or  further  taxation  by  state 
or  any  political  subdivision.      (La.   Amend.  Act  31   of   1014.) 


Im-i.x   Dig 


rAXATION  [Cont'd) 
Objects  and  Kinds  i 

Banks  and  Banking   |  ( 
Legislature  may  maki 

and  banking  capital.     Real  | 

Legislature    to   tax    n 
moneys  loaned  and  all  other  pro] 
description,  of  all   banka   and 
employed  in  banking  -hall  i„ 
that  imposed  on  propertj  ol  indh 

Bonds,  See  below,  this  subdii  i. 

Building  and  Loan  Associations 
Legislature  may  impose  privj 
taxes  except  on  their  real  • 

Capitation  Taxes,  See  below,  t\ 

Corporations 

See  also  below,  this  subdii 
Revenue  Taxes  ",  "  i 
"Privilege  Taxes".     For  pro 
various  kinds  of  corporaU 
division,  tin'  specific  kiwi  ■ 
Taxes   upon  railroads    (including 
ated   in    one   or    more   countii 
companies  operating  upon  railroads  in  I  hi 
graph,  telephone,  gas,  I 
banking  associations,  savii 
panies,   and    franchises  of  all   kinds   shah 
state  purposes.    Word  "companies"  u 
ships,    joint   stock    associations,   comp 
(For  further  detaiU  d  / 
subdivision,  "  Banks  ".  and  <>■  /• 
chises  ",  "Insurance",  "  Publn    i  hliti 
and   Bonds".)      The   provisions  of  lb 
executing  and  the  legislature  shall  pa 
carry  it  into  effecl  and  shall  pr<>\  i<le  I 
nient   and   prescribe  the  di 
and  other  officers  in  connection  « 
rates  of  taxation   fixed   in   this 
until   changed    by   legislature  b 
elected  to  each  house,     th 
Monday  in  March  of  ea<  b  I  shall 

able  on   firs!    Mondaj    in  Julj    tin 

gross  premiums  shall  I »n  p 

December  prior  to  levj  of  tax,  and 
be  fixed  as  of  firs!  Mondaj   in 
shall  affect  an>  tas  lei  i    : 
all  laws  in  relation 


1370  State  Constitutions 


TAXATION   {Cont'd) 

Objects  and  Kinds  of  Taxation   (Cont'd) 
Corporations  (Cont'd) 

tion  shall  remain  in  force  until  changed  by  legislature.     Until 
1918,  the  state  shall  reimburse  any  county  sustaining  loss  of 
revenue  by  withdrawal  of  railroad  property  from  county  taxa- 
tion.    The  legislature   shall   provide  for   reimbursement   from 
general  funds  of  any  county  to  districts  therein  where  loss  is 
occasioned  by  withdrawal  from  local  taxation  of  property  taxed 
for   state   purposes   only.     No   injunction   shall   ever   issue   to 
prevent   collection   of   any   tax  levied  under   this   section,   but 
after  payment  action  may  be  maintained  in  such  manner  as 
may  be  provided  by  law  to  recover  any  tax  illegally  collected. 
(Cal.   XIII    14,    1st   paragraph,   f,   g.) 
Corporations,  companies  or  associations  organized  or  domiciled 
out  of  state  but  doing  business  in  state  may  be  taxed  by  mode 
different  from   that   provided   for   home   corporations   or   com- 
panies, provided  that  said  different  mode  of  taxation  shall  be 
equal  and  uniform  as  to  all   stub  corporations,  companies  or 
associations   transacting   same  kind   of   business.      (La.   242.) 
Legislature  at  first  session  after  adoption  of  constitution  to  pro- 
vide   for    state    and    municipal    taxation    "upon    the    revenues 
accruing  from  business  done  in  the  state  by  all  foreign  corpora- 
tions ".      (Md.  Ill  58.) 
Nothing  contained  in  provisions  respecting  organization  fees  of 
corporations  or  fees  for  increase  of  capital  stock  to  prohibit 
legislature  levying  further  tax  on  corporate  franchises.      (Mo. 

X  21.) 
Franchises  and  licenses  to  do  business  in  the  state,  gross  earn- 
ings and  net  income  "  to  be  considered  in  taxing  corporations  ". 

(S.D.  XI  2.) 
Corporate  Property 

All  corporations  in  state,  or  doing  business  therein,  to  be  sub- 
ject to  taxation  for  state,  county,  school,  municipal  and  other 
purposes  on  all  real  and  personal  property  owned  or  used  by 
them  in  territory  of  authority  levying  tax.     (Colo.  X  10;  Ida. 

VII  8.) 

"The  property  of  all  corporations   for  pecuniary  profit  shall  be 

subject  to  taxation  the  same  as  that  of  individuals."      (Iowa 

VIII  2.) 
All   corporate   property   except  that   of   corporations   authorized 
by  legislature  to  construct  canal  across  Florida  peninsula  to 
be   subject    to   taxation    unless   held    and   used   exclusively   for 
religious,   scientific  municipal,  educational,  literary  or  chari- 
table purposes.     (Fla.  XVI  16.) 
Legislature  may  provide  by  law  for  levy  anrl  collection  of  taxes 

on   corporate  property.      (Midi.  X  5.) 
"The   property   of    all    private    corporations    for    pecuniary   gain 
shall  be  taxed  in  the  same  wav  and  to  the  same  extent  as  the 


I  \  i .  i  \    !  1 1 . 


TAXATION   [Cont 

Objects  a.\i>  Kinds  oi   Taxai 
Corporate  Property    (( 

property  of  individuals ",  bul 
Provision  for  taxation 

All  corporations  in  state,  oi  do 

to   taxation    for   state 

piu  poses  en  real  or  personal  prop* 

and  not  exempted  bj  o 
••All  real  propertj  and  pi 

persona]  property  in  this  stal 

be  subjecl  to  taxati 

Properly  of  all  corporations  "  -ha 
tion  "  same  as  property  of  individual 

Legislature  to  provide  bj 

corporate  propertj  "  as  neai   e- 
as   are  provided  "   for   lev}  Lug 

Domestic  Animals 

Legislature  may  impose  tax  upon  dom< 
of  other  property.     (Ga.  VI]  Sec.   n 

Legislature  may   provide  for   payn 
\\>t't]  I'm-  breeding  purposes 
general  law  delegate  i"  counties, 
nicipal  corporations  power  in  impi 

Despite  provision-;   for   taxing   in 
lature  may  impose  per  capita  ta 

as   from   nature  and   liuhit  - 

Donations,  See  below,  this  subdii 
Excise  Taxes 

Legislature  may  provide  for  Ie\  •. 

Legislature  may  pnn  ide 

Legislature  may  "  impose 
upon  any  produ 
whatsoever    brought    into,    pr< 

within  "'   the  -tale. 
Expositions 

Legislature  maj    ta*    in 
:     :     ,i    unequal 

Express  Interests  or  Busi:> 
Legislature  max    tax   »f    p 
the  class  upon  whiuh  i(  »| 


1372  State  Constitutions 


TAXATION  (Cont'd) 

Objects  and  Kinds  of  Taxation    (Confd) 
Ferries 

Legislature  may  tax  in  manner  deemed  proper  despite  prohibi- 
tion  of   unequal   tax   rates   on   property   of   same   species   and 

value.      (Ark.  XVI  5.) 
Legislature  may  tax  as  provided-  by  general  law  uniform  as  to 
the  class  upon  which  it  operates.     (111.  IX  1;  Nebr.  IX  1.) 

Forest  Land 

Legislature  to  have  full  power  "to  prescribe  for  wild  or  forest 
lands  such  methods  of  taxation  as  will  develop  and  conserve 
the  forest  resources  of  the  state".     (Mass.  Amend.  XLI.) 

Franchise  Taxes 

Legislature  may  provide  for  levy  and  collection  of.  (Ariz.  IX 
12;   Ohio  XII  10;   Okla.  X  12.) 

Legislature  may  tax  franchises.      (N.C.  V  3.) 

Constitution  not  to  be  construed  to  prevent  legislature  from 
providing  tax  based  on.      (Ky.  174;  L'tah  XIII  12.) 

Franchises  subject  to  taxation  for  •'  public  charges  of  govern- 
ment".     (N.H.  II  6.) 

Legislature  may  tax  by  uniform  and  equal  laws  all  privileges  and 
franchises  of  persons  or  corporations.      (W.Va.  X   1.) 

Legislature  may  tax  persons  or  corporations  owning  or  using 
franchises  as  provided  by  general  law  "uniform  as  to  the 
class  upon  which  it  operates".     (111.  IX   1.) 

Legislature  may  provide  by  general  laws  only  for  payment  of 
license  taxes  on  franchises  and  may  by  general  law  delegate 
to  counties,  cities,  towns  and  other  municipalities,  power  to 
impose  and  collect  such  taxes.      (Ky.   181.) 

Legislature  to  provide  by  general  law  for  payment  to  state  of 
franchise  tax  by  corporations  organized  under  laws  of  state 
to  be  in  proportion  to  amount  of  capital  stock.  Strictly 
benevolent,  educational  or  religious  corporations  not  to  be 
required  to  pay  such  tax.      (Ala.  XII  229.) 

Legislature  to  provide  by  general  law  for  payment  to  state  of 
franchise  tax  by  foreign  corporations  based  on  actual  amount 
of  capital  employed  in  state.  Strictly  benevolent,  educational 
or  religious  corporations  not  to  be  required  to  pay  such  tax. 

(Ala.  XII  232.) 

All  franchises  other  than  those  provided  for  in  this  section  shall 
be  assessed  at  actual  cash  value  in  manner  provided  by  law 
and  shall  be  taxed  at  rate  of  1  per  cent,  each  year,  which 
tax  shall  be  exclusively  for  benefit  of  the  state.  All  such  fran- 
chises shall  also  be  subject  to  taxation  in  manner  provided 
by  law  to  pay  principal  and  interest  of  any  outstanding 
bonded  debt  of  any  city,  city  and  county,  county,  town,  town- 
ship or  district  at  time  of  adoption  of  this  section.  Such 
taxes  shall  be  deducted  from  the  total  amount  paid  in  ia>.es 
for  slate  purposes.      (Cal.  XII]    14  d,  e.) 


I.NLH         \)m\ 

TAXATION   (Cont'd) 

Objects  and  Kinds  of   I 
Franchise  Taxes   t ' 

Legislature  niaj  imp< 
make  sueh  ba  i  in  lieu 
in    pan 
tions.      When    franchisi 

llll.silH- 

General  Property  Tax,  S<  i 
Grain 

Legislature   may    provide    thi 
held  therein  in  eli ■. 

taxed  at    fixed    1.1 '  ■ 
Gross  Revenue  Taxes 
S<  e  nlyn  abovt  .  th 
Legislature  ma)   provide 

■ 
Income  Taxes 

S(  e  tiUo  above,  this  subd 
Legislature  may  provide  for  lev) 
which  ma \  or  ma)  doI  be  g 

"Income  taxes  may  be  assessed   I 

corporations,   joint  stock 

or  doing  business  in  thi 

such   eases   and    amounts,    and    in 

prescribed  by  law."     (Cal.   Mil    I 
Constitution  nol  to  be  consl  ru< 

viding  tax  based  on   im  omi 
Legislature  may  tax  income  bill  i 

it   is  derived   is  taxed.      (N.C.   \ 
Legislature  may  tax  incomes.     I 

and   applied    to  such    inco 

N,,i    less   than  50  pi  i 

township  in  which  it  original 
Legislature  may  provide  for  gradi 

Legislature  may  tax  income  d< 
not  taxed  ad  valon  m.    iTenn.  II 

Legislature  may  i 
porationa  other  than  munii  ipaJ 

Legislature  may  levy  on   Li 

Legislature  ma)  lev) 
"graduated  and  pi 
may  be  provided  ".    (Wis.  VIII 

Indian  Lands 

Provisions  of  constitution 
to   prevenl    -tale   taxi- 


1-'!T4  State  Constitutions 


TAXATION  [Cont'd) 

Objects  and  Kinds  of  Taxation   (Cont'd) 
Indian  Lands   (Cont'd) 

tribal  relations  and  obtained  from  the  United  States  or  any 
person  by  patent  or  grant  title  to  such  land.  (Mont.  Ord. 
No.    1    (2);    S.D.   XXII    (2),  XXVI    IS    (2);    Utah   III    (2); 

Wash.  XXVI  (2).) 
Exemption  of  property  of  United  States  not  to  preclude  state 
from  taxing  as  other  lands  and  property  are  taxed,  lands  and 
other  property  outside  reservation  owned  or  held  by  Indians. 
(Ariz.  XX  Fifth;  N.M.  XXI  2.) 
Nothing  in  this  article  of  constitution  shall  preclude  state  taxing 
land  owned  by  Indian  who  has  severed  tribal  relations  and  has 
received  from  United  States  or  any  person  title  to  such  lands. 
(X.D.  XVI  203    (2);   Wyo.  Ord.   3.) 

Inheritance  Taxes 

Legislature  may  levy  not  more  than  21/;  per  cent,  of  value  of 
estates,  real  and  personal,  money,  public  and  private,  securi- 
ties of  every  kind  in  state,  passing  by  intestate  laws  or  will 
or  other  instrument  effective  after  death  of  grantor  to  persons 
or  corporations  in  trust  or  otherwise  other  than  to  or  for  the 
use  of  father,  mother,  husband,  wife,  brothers,  sisters,  children 
or  lineal   descendants   of  grantor,  devisor,   donor,   testator   or 

intestate.  (Ala.  XI  219.) 
Legislature  may  provide  for  levying  and  collection  of  legacy  and 
succession  taxes,  graduated  legacy  and  succession  taxes,  col- 
lateral and  direct  inheritance  taxes  and  graduated  collateral 
and  direct  inheritance  taxes.  (Ariz.  IX  12;  Okla.  X  12.) 
Legislature  may  levy,  solely  for  support  of  public  schools,  tax 
upon  inheritances,  legacies  and  donations,  provided  no  direct 
inheritance  or  donation  to  an  ascendant  or  descendant  below 
$10,000  to  be  taxed,  provided  further  no  such  tax  to  exceed 
3  per  cent,  on  direct  inheritances  and  donations  to  ascendants 
or  descendants,  or  10  per  cent,  on  collateral  inheritances  or 
donations  to  collaterals  or  strangers.  Bequests  to  educational, 
religious  or  charitable  institutions  to  be  exempt,  and  the  tax- 
not  to  be  enforced  when  the  property  donated  or  inherited  has 
borne  its  just  proportion  of  taxes  prior  to  such  time.      (La. 

235,  236.) 

Property  passing  by  will  or  inheritance  subject  to  taxation  for 

•    "public  charges  of  government".     (X.H.  II  6.) 

Legislature  may  provide  for  taxing  right  to  receive  and  succeed 

to  estates.     Collateral   and  direct  inheritances  may  be  taxed 

at  different  rates.     Tax  may  be  uniform  or  so  graduated  as  to 

tax  at  higher  rate  right  to  receive  estates  of  larger  value  than 

that  applied  to  small  estates.     Not  less  than  50  per  cent,  of 

tax  to  be  returned  to  city,  village  or  township   in  which   it 

originated.     (Ohio  XTI  7,  0.) 


I  M  1 1  A      hi, 


TAXATION   [Cont'd) 

Objects  and  Kinds  cm    i  w  . 
Inheritance  Taxes   1 1 
"  No    inhei 
against   anj 
benefit  of  anj    institu 
porate   person    Whose    prop 

hereinbefore  men!  i sd  in 

Insurance 

Every  insurance  companj  doing 
pay   to   state   a   tax   of    l 
received  upon  its  busin 
miums  and    reinsnranct 
ness  in.tliis  state.     Thi 
am, unit  of  any  county  an 
pany  on  real  estate  o\*  ned  by  it  in  tl, 
be  in   lieu  of  all  othei 
municipal   taxes   "ii   real 
tliis  section  provided,  provided  t! 
arc  imposed    in   am    state  or 
state   doing   business    therein    in    i 
impose, 1    upon    insurance    compani 
country,  the  legislature  may  imp< 
prohibitions  upon  insuram 
country   doing   business    in    11 
shall  be  subject  to  taxation  as  pn 
pal  and  .interest   of  any  outstanding  I 
city  and  county,  county,  town,  township  oi 
of  the  adoption  of  this  Bection. 
ducted    from    total    amount    paid 

Legislature   may   tax    insurance    it 

manner  as  provided   bj    general 

upon  which   ii    operati  -.      (111.  IN 
Domestic  insurance  companies 

tax   in    aggregate   than    requii 

business  in  the  state 

their   ad   oalon 

such  foreign  companies".     (Miss.  \H 
Agreement  to  paj  all  I 

condition  of  right  of  I 

ness  in  state;   refusal  to  ; 

license  to  do  business      i 

companies,   including 

annual  tax  of  2  pel 

all  cancellations 

each  local  agent.     These  ■ 

insuran  nization 

onlv  their  membei 


1376  State   Constitutions 


TAXATION  (Cont'd) 

Objects  and  Kinds  of  Taxation  {Cont'd) 
Irrigation  Systems 

Ditches,   canals,    reservoirs,    pipes    and   flumes    owned   and   used 
exclusively  by  individuals  or  corporations  for  irrigating  their 
own   or   their  members'   lands   not   to   he   separately   taxed   so 
long  as  so  owned  and  used.      (Colo.  X  3;   Utah  XIII  3.) 
Legacy  Taxes,  See  above,  this  subdivision.  Inheritance  Taxes. 
License  Taxes 

See  also  above,  this  subdivision,  Corporations. 

Legislature  not  to  enact  law  permitting  any  person,  association 
or  corporation  to  pay  privilege,  license  or  other  tax  to  state 
and  relieve  him  or  it  from  the  payment  of  all  other  privilege 
or  license  taxes  in  the  state.      (Ala.  XII  221.) 

Legislature  may  provide  for  levy  and  collection  of  license  taxes. 

(Ariz.  IX  12;  Okla.  X  12.) 

Legislature    may    provide    for    levying    tax    on    licenses.       (Fla. 

IX  5.) 

Legislature  may  impose  upon  person  or  corporation  (other  than 
municipal)   doing  business  in  this  state.     (Ida.  VII  2.) 

Legislature  may  provide  by  general  laws  only  for  payment  of 
license  fees  on  franchises,  stock  used  for  breeding  purposes 
and  trades,  occupations  and  professions,  and  may  by  general 
law  delegate  to  counties,  cities,  towns  and  other  municipal 
corporations  power  to  impose   and   collect   such  taxes.      (Ky. 

181.) 

Constitution  not  to  be  construed  to  prevent  legislature  from 
providing  tax  based  on  licenses.      (Ky.   174;   Utah  XIII   12.) 

Legislature  may  levy  license  tax  which  shall  be  graduated  as 
to  persons  pursuing  trades,  professions,  vocations  and  callings. 
All  persons,  associations  and  corporations  pursuing  any  trade, 
profession,  business  or  calling  may  be  made  liable,  except 
clerks,  laborers,  clergymen,  school  teachers,  those  engaged  in 
mechanical,  agricultural  or  horticultural  pursuits  and  manu- 
facturers other  than  of  distilled  alcoholic  or  malt  liquors, 
tobacco,  cigars  and  cotton  seed  oil.  As  to  those  engaged  in 
severing  natural  resources  from  soil  or  water,  tax  may  either 
be  graduated  or  fixed  according  to  quality  or  value  of  product 
at  place  where  severed.  Except  as  to  dealers  in  distilled 
alcoholic  or  malt  liquors  no  political  corporation  to  impose 
greater  license  tax  than  is  imposed  by  legislature  for  state 
purposes.  Legislature  may  provide  that  municipalities  levy- 
ing license  tax  equal  in  amount  to  those  levied  by  police 
juries  for  parochial  purposes  shall  be  exempt  from  payment 
of  such  parochial  license  tax.      (La.  229.) 

Legislature  may  impose  license  tax  on  persons  and  corporations 
doing  business  in  the  state.      (Mont.  XII   1.) 

License  or  privilege  tax  imposed  by  cities  or  towns  to  be  grad- 
uated so  as  to  secure  just  imposition  of  such  tax  on  classes 
subject    thereto.       (S.C.    VIII    6.) 


I.M.l.X     ll|, 


TAXATION  {Cont'd) 

Objects  and  Kinds  oi    1 W 
License  Taxes   (Cont'd) 

Legislature  maj  levj  lie. 
reached  l.y  "  ad  vah  n  m  -. 
Mines  and  Mining 

Machinery    an. I  all  propertj    ... 
appurtenant   to   mines   which 
pendent  of  such  mines,  an,]  m 
and  mining  claims  to  1m    | 

Machinery  and  all  propertj    a.. 
appurtenant   to   mines   which    hav< 

pendent  of  such  mines,  and  Del   annual  pn  I    .11  i 

and  mining  claims  to  be  taxed  bj 

Mines  containing  mineral  deposit! 
paid  to  United  States  by  purchasers,  uul< 
and  has  independent   value 

such  surface  shall  be  taxed  at    it* 
poses  as  provided  bj  law.     (Mont.  Ml 
Wln-ii   mines   and    mining   claims     in 
alone   shall   he    assessed    and    taxed; 
shall  lie  assessed  al   nol    less  than    - 
labor    has    been    actually    performed    on 
during  the  year,   in   addition   i"  t  .  ■    Dn  not 

Legislature    may    tax    production    of    • 

mineral- 
Products  of  mine-  and  mining  claims 

•\\U  mines  ami  mining  claims  From  which 
precious  metal,  soda,  >alim-.  coal,  mine] 
able  deposit  is  or  may  be  produced,  shall  I 
to   the   surface   improvements    ami    in    lit 
lands,  on  i  he  gross  product   thereof  as  •■ 
law.  provided   that   the  product    of  all   mint 
proportion  to  the  value  thereof."       Wyo    X  \ 
Moneys  and  Credits 

Legislature  to  tax.      (Ohio  XII  2. 
Legislature  to  ta\  by    uniform    rule.  \ 

Legislature  to  provide  for  taxing.       S.D    \l    i 
Occupation  Taxes 
In   General 

Legislature   may    provide    for 
various   trades,   occupations    and    ■ 
laws  only,  and  may  bj   general   1 
cities,   town-   and   other   muni 
and  collect  such  taxes.      [Ky. 

44 


]3T8  State  Constitutions 


TAXATION  (Cont'd) 

Objects  and  Kinds  op  Taxation   {Cont'd) 
Occupation  Taxes  {Cont'd) 
In  General   (Cont'd) 

Legislature  may  tax  trades  and  professions.  (N.C.  V  3.) 
Legislature  may  provide  for  graduated  license  on  occupa- 
tions and  business.  (S.C.  X  1.) 
Legislature  may  impose  occupation  taxes  both  upon  natural 
persons  and  upon  corporations  other  than  municipal  doing 
business  in  state,  except  that  persons  engaged  in  mechan- 
ical or  agricultural  pursuits  shall  not  be  required  to  pay 
an  occupation  tax.  Such  tax  levied  by  any  county,  city 
or  town  shall  not  exceed  one-half  of  tax  levied  by  state 
for  same  period  on  such  profession  or  business.  Such 
taxes  shall  be  equal  and  uniform  upon  same  class  of  sub- 
jects within  limits  of  authority  levying  tax.      (Tex.  VIII 

1,  2.) 

Constitution  not  to  be  construed  to  prevent  legislature  from 

providing   tax   based   on    occupations.      (Utah   XIII    12.) 

Legislature   may    levy    taxes   on    occupations;    which    taxes 

may   be   "  graduated   and   progressive  ",    and    "  reasonable 

exemptions  may  be  provided".      (Wis.  VIII  1.) 

A  uctiqneers 

Legislature  may  tax  as  provided  by  general  law  uniform  as 
to  the  class  upon  which  it   operates.      (111.   IX   1;   Nebr. 

IX  1.) 
Brokers 

Legislature  may  tax  as  provided  by  general  law  uniform  as 
to  the   class   upon   which   it   operates.      (111.    IX    1;    Nebr. 

IX   1.) 
Grocery  Keepers 

Legislature  may  tax  as  provided  by  general  law  uniform  as 
to  the  class  upon  which  it  operates.      (111.  IX  1.) 

Hawkers 

Legislature  may  tax  in  manner  deemed  proper  despite  pro- 
hibition of  unequal  tax  rates  on  property^  of  same  species 

and  value.      (Ark.  XVI  5.) 

Legislature  may  tax  as  provided  "by  general  law  uniform  as 

to  the  class  upon   which  it  operates.      (111.    IX    1;   Nebr. 

IX   1.) 
Innkeepers 

Legislature  may  tax  as  provided  by  general  law  uniform  as 
to  the  class  upon   which   it  operates.      (111.   IX   1;   Nebr. 

IX  1.) 
Jugglers 

Legislature  may  tax  as  provided  by  general  law  uniform  as 
to  the  class  upon  which  it  operates.      ( 111.   IX    1 ;   Nebr. 

IX  1.) 


I-M-I   \      I  >|, 

TAXATION  (Cont'd) 

Objects  a.m.  Kinds  of  Tas 
Occupation  Taxes  [Cont'd) 
lAquor  l><  al<  rs 

islature  may  tas  a-  ,„ 
to  Hie  class  upon   whh  h 

it 

'/.  rchants 

Legislature  maj   tax  a-  provid< 

t<>  the  class  upon  which  ii  .,|„ 
Legislature  may  tax  comn 

general    law    uniform 

Legislature  may  tax  in  such  n 

PeiJilh  rs 

Legislature  may  tax  is:  manner  d(  • 
hibition  of  unequal  tax  rat<  j  on  ] 

Legislature  may  tax  a-  provided  b; 
to  the  class   upon   which   it   oj 

Legislature  may   tax   in   such   mam 

■ll! 

Showmen 

I  egislature  may  tax  a-  provided  bj   . 

to    the   class    upon    which    it    ■■; 

Vendors  of  Pah  nts 

I.egi-Iat  me  may  tax  a-   pro\  ided 
to   the   class    upon    which    it    O] 

Poll  Taxes 

-1  uthority  </>"/  .1  mount 

Tax   to   be   $1.50   on    each    male    inh  i 
'21    ami    under    15   not    exempt    bj 
cmist  it  in  ion.     Legislature  may    in 
not  more  than  60.     I  Ala.  \  111    194. 
LegislaJ are  to  provide  annual  ; 
on  every   male   inhabitant    ovei    21    y< 

Legislature  shall  provide  foi 

tion     tax     from     every      male 

To  be  uniform  through 
Legislature  may  provide   I 

not  to  exceed  $]   a  y<  u 

Not  to  exceed  $1  annually.     (Ga.  VII  Sec    II 

Legislature  may  impo» 

\  II! 


]380  State  Constitutions 


TAXATION   (Cont'd) 

Objects  and  Kinds  of  Taxation   (Cont'd) 
Poll  Taxes   (Cont'd) 

Authority  and  Amount    (Cont'd) 

Legislature  may  authorize  counties,  cities  and  towns  to  levy 

not  exceeding  $1.50  poll  tax.      (Ky.  ISO.) 
Annual  poll  tax  of  $1  "  is  hereby  imposed  "  on  every  male 
resident    between    21    and    00  years    of    age.     Legislature 
to  levy  annual  poll  tax  of  $1   on  every  male  inhabitant 
between  21  and  60  years  of  age.      (La.  198,  231.) 
"Public  expenses  shall  be  assessed  on  polls   (and  estates)." 

(Me.  IX  7.) 

Legislature  may  tax  "  inhabitants  of  and  persons  resident  " 

in  the  state;   to  be  proportional  and  reasonable.      (Mass. 

Pt.  II  Ch.  I  Sec.  I  4.) 
A  uniform  tax  of  $2  hereby  imposed  on  every  male  inhabit- 
ant of  state  between  21  and  60  except  persons  deaf  and 
dumb  or  blind  or  who  are  maimed  by  loss  of  hand  or  foot. 
County  supervisors  may  increase  tax  in  their  county  but 
entire  poll  tax  not  to  exceed  $3.  (Miss.  XII  243.) 
Legislature  to  provide  for  payment  of  annual  poll  tax  not 
less  than  $2  nor  more  than  $4  by  each  male  resident 
between  21   and  60,  except  uncivilized  American  Indians. 

(Nev.   II   7.) 
Polls   shall   be   subject   to   taxation   for   "  public   charges   of 

government".  (N.H.  II  6.) 
Legislature  to  levy  capitation  tax  equal  to  tax  on  property 
of  value  of  $300  in  cash  and  not  to  exceed  $2  for  state 
and  county  combined,  on  every  male  inhabitant  over 
21  and  under  50.  County  commissioners  may  exempt 
"  in  special  cases  on   account  of  poverty  and  infirmity  ". 

(N.C.   VI.) 

Legislature  may  provide  for  levy,  collection  and  disposition 

of   not   more   than   $1.50   annual   poll  tax   on   every  male 

inhabitant  of  state  over  21  and  under  50,  except  paupers, 

idiots,  insane  persons  and  Indians  not  taxed.      (N.D.  XI 

180.) 
Legislature  may  authorize  levy  and  collection  of  poll  tax 
on  all  electors  of  state  under  60,  not  to  exceed  $2  per 
capitc.  per  annum.  (Okla.  X  IS.) 
Everv  person,  who  if  registered  would  be  entitled  to  vote, 
to  be  assessed  by  assessor  of  towns  and  cities  in  the  sum 
of  $1  or  so  much  as  with  their  other  taxes  will  amount 
to  $1.  To  be  remitted  for  year  in  which  military 
duty  is  performed:  also  on  application  to  be  remitted  to 
any  mariner  for  year  spent  at  sea,  or  to  any  person  who 
by   reason   of   extreme   poverty   is   unable   to   pay.      (R.I. 

Amend.  VII  2.) 
Annual  poll  tax  of  $1  to  be  assessed  on  all  taxable  polls  be- 
tween  ages   of  21   and  60  excepting  Confederate   soldiers 
above  50  years  of  age.     (S.C.  XI  6.) 


I  Mn  \     !>:■ 


TAXATION   (Cont'd) 

Objects  ami  Kiptds  01    I'w  ■• 
Poll  Taxes    (Cont'd) 

.1  uthority  and    I  mount    >  I 
Male   citizens   over   21, 
infirmity,  liable  to  not   I. 
$1  annual  poll  tax      I 
nol    In   levy   poll    ta\    i 

state.    Male  ci1  izei  j|  to  l- 

poll  taxes.     (Tenn.  1 1  28,  i\ 
Legislature    to    levj 

$1.50    per    year    mi    ever)     in. ill-    i 
21,  except   those  pensioned  bj 
ahd  may  authorize  boards  ol 
councils  of  cities  and  tow  na  to  lev)   in 
exceeding  $1    per   annum   t"i 
years  of  age  within   theii 

Legislature  may  lev)   annual  i 
male    inhabitant    over    21 
bodily  infirmity  may  be  exempted 

Each  county  to  le\  j  annual  taj 

ages  of  21  and  50.     I  Wyo.  M 
Purpose  and  Application  of  P 

To  be  applied  to  support  of  public  - 

collected.     (  M:c  \l\    25fl 
For  support  of  common  Bchools.    I  \rk.  \l\ 
Limited  to  county  in  \\  hich  i  oll< 
To  go  into  school  fund,  and  be  appln 

mon   school   purposes.        Fla.   VI  8;  1 
Not    to  be  levied   except    for  educational    | 

into  school  fund.     (Ga.  VII  Rec    H    I    V  111 
To    be   applied    exclusively    to    th 

schools   in    the   parish    in    which   colic  i  I 

counted  For  and  paid  by  coll«  Hi 

urer  of  local  school  board. 
Limited  to  aid  of  common  Bchi 
To  l"'  applied  to  "  education  and  Biipp 

more  than  25  per  cent,  in  anj  i 

To  be  expended   for  maintenai 

To  be   paid   into  treasurj    of 

support  of  schools.     <  l:  I     '  v>  1 1   . 

To  be  applied  to  school  pui  | 

Stale  taxes   from   poll 

One-fourth   of   poll    tax    to    ' 
free  public  scl 1-      (Tea    VII 


1382  State  Constitutions 


TAXATION  {Cont'd) 

Objects  and  Kinds  of  Taxation   {Cont'd) 
Poll  Taxes    (Cont'd) 

Purpose  and  Application  of  Proceeds   {Cont'd) 

Of  state  tax  $1  to  be  applied  exclusively  to  public  free 
schools  in  proportion  to  school  population;  and  remaining 
50  cents  to  be  returned  and  paid  by  state  to  treasury  of 
county  or  city  in  which  collected,  to  be  appropriated  by 
proper  county  or  city  authorities  to  county  or  city  pur- 
poses as  they  shall  determine.  Local  tax  to  be  applied 
in  aid  of  public  schools  or  for  such  other  city,  county  or 
town    purposes   as   council    or    board    of   supervisors   may 

determine.     (Va.  XIII  173.) 
To   be   annually    appropriated    to   support    of    free    schools. 

(W.Va.  X  2.) 
County  poll  tax  to  be  applied  to  county  school  purposes. 

(Wyo.  XV  5.) 
Collection  and  Payment 

To  be  due  October  1st  'annually  and  become  delinquent 
February  1st*  next  succeeding,  but  no  legal  process,  fee, 
or  commission  to  be  allowed  for  collection  and  tax  col- 
lector to  make  returns  separately  from  other  collections. 

(Ala.  VIII  104.) 

Tax  to  be  a  lien  only  upon  taxable  property  and  no  criminal 

proceedings   to   be   allowed  to   enforce  collection.      (Miss. 

XII  243.) 
Legislature  may  provide  penalty  for  non-payment.      (Okla. 

X   18.) 

Legislature  to  provide  by  law  for  collection  and  remission; 

but  compulsory  process  forbidden.      (E.I.  Amend.  VII  2.) 

Xot    to   be    enforced    by    legal    process    until    "  three   years 

past  due".    (Va.  II  22.) 
Treasurer   of   each   county   and   city   to   file   list   of   persons 
who  have  paid  poll  tax;  clerk  of  circuit  court  to  forward 
certified   copy   of    such   lists   as    corrected    to    auditor    of 
public  accounts  who  shall  charge  full  amount  thereof  to 
treasurer  unless  previously  accounted  for.     (Va.  II  38.) 
Not  to  be  lien  upon  nor  collected  by  legal  process  for  per- 
sonal property  exempt  from  levy  or  distress  under  poor 
debtor's  law.      (Va.  XIII   173.) 
Prohibition  of 

Xot  to  be  levied  or  collected.     (Cal.  XIII  12:  Ore.  IX  1  a.) 

Poll   taxes   to   be   lien    only   on    assessed   property,    and    no 

process  to  issue  for  enforcement  except  against  assessed 

property.      (La.   19S.) 
"  The  levying  of  taxes  by  the  polls  is  grievous  and  oppressive 

and  ought  to  be  prohibited."     (Md.  Bill  of  Rights  XV.) 
Xot  to   be  levied  nor   shall  any   service  be  required   which 
may    be    commuted    in    money    or    other    valuable    thing. 

(Ohio  XII   1.) 


I  N  I I 


TAXATION  (Cont'd) 

Objects  amd  Kinds  of  Tax.vu.. .,     i 
Poll  Taxes    (Con I'd) 

Prohibition  of   (Cont'd) 

Not  to  be  levied  for  pavmeut 
vote  of  qualified   taxpayin  ; 
rated  towns  upon  1 1 
incurring  said  indebtedm  ; 

Privilege  Taxes 

Legislature  not  to  enacl  law  pennitti 
or  corporation  to  pay  privilege  I 
and  relieve  him  or  it   from  the  payment 
taxes  in  state.      (Ala.  XII   221.) 
Legislature  may  tax  privileges  in  tnannei 
prohibition  of  unequal   tax   rate     on    ; 

and  value.        \ 
Legislature  may  tax   persons  or   corporations   owning 
privileges,  as  provide!   by  genera]   law   "  uni 
class  upon  which  it  operates".      (111.   I\    I. 
Legislature  may  tax  privileges  in  Buch  tnani 

time  directed. 
Legislature  may   tax  by   uniform   and   equal   law-    ill    p 

and  franchises  of  persons  or  corporal 
Legislature  may  levy  taxes  on   privil 
"graduated    and    progressive",    and    "r< 
may  be  provided".    (Wis.  VI 1 1    1.) 
Production  Taxes 

See  also  above,  this  subdh 
Legislature  may  provide  for  levy  and  collect] 
• 

Property 

See  also  below,  this  tftle,  A.SS1 

Of  corporations,   See  above,    this   SttJ 

All  property  not  exempt  under  la 

stitution    or    laws    passed    under 

exemption  "shall  be  subject   i- 

provided  by  law  ".     ( Ariz.  1  \ 
All  property  in  state,  except   as  oth< 

tion,  not  exempt  under  laws 

proportion  to  value:  "  pn 

bonds,    stocks,    dues,    franchises     ind 

things  real,   personal   and    mi 

Legislature  to  levy  I 
and  corporation  shall  paj 
his,  her  or  its  propertj  ":  value  to  b 
elected  or  appointed  ae  th( 
w  ise  ".     (  Hut    this  does  not    appl 
tions,  licenses  and  franchise  I 


1384  •     State  Constitutions 


TAXATION  (Cont'd) 

Objects  and  Kinds  of  Taxation  (Cont'd) 
Property   (Cont'd) 

All  property  whether  owned  hy  natural  persons  or  corporations 
to  be  taxed  in  proportion  to  value  unless  exempted  by  con- 
stitution.     (Ky.  174.) 
"Public    expenses    shall    be    assessed    on     (polls    and)    estates." 

(Me.  IX  7.) 
Legislature  may  tax   "estates  lying"   within   the   state;    to   be 

proportional  and  reasonable.     (Mass.  Pt.  II  Ch.  I  Sec.  I  4.) 
Taxes  to  be  levied  on  such  property  as  shall  be   prescribed  by 

law.     (Mich.  X  3.) 
"  Property  shall  be  taxed  in  proportion  to  its  value."     (Miss.  IV 

112;   Mo.  X   4.) 
"  Property  "  declared  to  include  "  moneys,  credits,  bonds,  stocks, 
franchises    and    all   matters   and   things    (real,    personal   and 
mixed)   capable  of  private  ownership";  but  this  not  to  be  con- 
strued  to   authorize   taxation   of   stocks   of   corporation   when 
property   of   such   corporation   represented   by   such   stocks   is 
within  state  and  has  been  taxed.      (Mont.  XII  17.) 
Legislature  to  levy  "  tax  by  valuation  so  that  every  person  and 
corporation  shall  pay  a  tax  in  proportion  to  the  value  of  his, 
her  or  its  property  and  franchises".     (Xebr.  IX  1.) 
Legislature  to  tax  real  and  personal  property  by  uniform   rule. 

(X.C.  V  3.) 

Legislature   authorized   to   impose   and   levy   "  proportional   and 

reasonable  assessments,  rates  and  taxes  "  upon  "  all  estates  " 

within  state.     Estates  and  other  classes  of  property  subject  to 

taxation  for  public  charges  of  government.      (N.H.  II  5,  6.) 

"  Taxes  levied  upon  tangible  property  shall  be  in  proportion  to 

the  value  thereof."     (NVM.  VIII  1.) 
Legislature  to  tax  real  and  personal  property  according  to  its 

true  value  in  money.      (Ohio  XII  2.) 
"  All  property,  real,  personal  or  mixed,  shall  be  taxed  "  accord- 
ing to  its  value,  but  legislature  may  "  except  "  specified  prop- 
erty.     (Tenn.  II  28.) 
All    property    in    state,   whether   owned   by   natural    persons    or 
corporations  other  than  municipal,  shall  be  taxed  in  propor- 
tion to  its  value.     (Tex.  VIII  1.) 
"  All  property  subject  to  taxation  shall  be  taxed  in  proportion 

to  its  value."     (S.C.  I  6.) 
"  All  property  in  the  state  "  not  exempt  under  laws  of  United 
States  or  under  this  constitution,  subject  to  taxation  in  pro- 
portion  to   its  value.      (Utah  XIII   2;   Wash.  VII   1;    W.Va. 

X   1.) 

"  Property  "  includes  "  moneys,  credits,  bonds,  stocks,  franchises 

and  all  things   (real,  personal  and  mixed)    capable  of  private 

ownership."     (Utah  XIII  2.) 
All  property  except  as  provided  by  the  constitution  to  be  taxed. 

(Va.  XIII  168.) 


Im>i  \    Dioi 

TAXATION  (Cont'd) 

Objects   \m>  Kinds  oi    Vax 
Property   [Cont'd) 

Taxes  shall  be  levied  on  huuo  pi 

Public  Utilities 

8t  e  al&o  qbov< .  this  subd 

i'KOI'KKTV  "J     ,/„,/    below,     ti 

All  railroads  i  including  stria  i  railwu 

or  niniv  rounties  i .  pa 


mg  upon  railroads  in  tbia 

gas  or  ( lectric  companies  shall  annm  II 

upon  their  ir.uuln.M-.  roadwaj 

pples,  wipes,  pipes,  canals,  conduit*,  right 

property  or  aiy  pan  thereof  uhi 

in  this  state,  computed  on  i 

the  staif.     \\  hen  such  coinpanii  - 

ami   partly   without    the  Btate,   tl| 

stai«'   -hall   he  all    receipts  on   busine 

\\  iihin  the  state  and  a  propoi  tion  ul 

passing    through,    into   or   out    ol    thi 

proportion  of  mileage  vvitliin  the 

oyer  which  such  business  is  done.    Ia\  on 

street    railway.-  -hall   be    I   pej    cent  . 

per  cent..;  on  all  express  companies  2  pel 

and   telephone  companies  •!'■.•   pej    cent.; 

companies  1  per  rem.    Such  taxes  shall 

taxes    and    licenses,    -tan-,   count]    and    munii 

in   this  section  otherwise  provided,  but   n 

strued  to  release  anj   sucli  company  I 

amount  agreed  or  required  i"  be  paid 

or  franchise  granted  trj  any  municipal  an" 

All  such  propei'tj   shall  !»■  bu!   ■  n  in  i 

vided  bj  law  to  paj   prim  ipal  and  inti   • 

landed   delit    pf  any  city,  <  itj    aiitl   county. 

ship  or  di-tiiet    ai   the  time  of   the  adoption 

sueli  taxes  shall  be  deducted  f lol 

for  state  purposes.     (Cal.   Mil    N 
Legislature  may    provide  for  levj   and  ■ « >1  * ■ 

of   assessors   of   taxes   on    propertj       I .. 

,,p(. rated  or  conducted,  engaged  in  Ihe 

passengers    and    freight,    transporting    i 

operating   any  union  station  ; 

bj    telephone  or  telegraph  "  •  •!   loaning,  running 

(.UI-s  in  any   manner  uj rail 

public  service  or  business.       Mich.   \ 
All    railroad,    express,    -anal,    telegl  l] ■! 

engaged    in   transportation  01    in 

fpr  hire  ■•  are  common  can  it 


1386  State  Constitutions 

TAXATION  (Cont'd) 

Objects  and  Kinds  of  Taxation   (Cont'd) 
Public  Utilities   (Cont'd) 

Each  railway  or  canal  corporation,  including  any  which  is 
exempt  from  taxation  as  to  its  works,  visible  property,  or 
profits,  shall  also  pay  an  annual  state  franchise  tax  of  1 
per  cent,  upon  its  gross  receipts,  which,  with  the  state  and 
local  property  taxes  provided  for  in  section  176,  shall  be  in 
lieu  of  all  other  taxes  or  license  charges  upon  its  franchise, 
shares  of  stock  and  property;  provided  that  nothing  shall 
exempt  such  corporation  from  annual  fee  required  by  section 
157,  or  from  assessment  for  local  improvements  authorized  by 
section  170,  or  annul  or  interfere  with  any  contract  between 
street  railways  and  municipalities  as  to  compensation  for  use 
of  streets  or  alleys.     (Va.  XIII  177,  178.) 

When  road  or  canal  lies  partly  without  this  state  or  is 
operated  as  part  of  a  system  extending  beyond  state,  gross 
receipts  taxable  shall  be  apportioned  on  a  basis  of  the  average 
receipts  per  mile  over  whole  extent  within  or  without  state, 
provided  that  reasonable  deduction  may  be  made  for  any 
excess  of  value  of  terminal  facilities  in  other  states.      (Va. 

XIII  178.) 

Each  corporation  shall  annually,  on  September  1st,  make 
to  state  corporation  commission  report  required  by  law,  in 
force  January  1,  1902,  to  be  made  to  board  of  public  works, 
which  shall  show  the  total  gross  receipts  for  year  ending 
June  30th  preceding.  Upon  receipt  of  report  state  corpora- 
tion commission,  after  30  days'  notice,  as  provided  by  said 
law,  shall  ascertain  amount  of  franchise  tax.  All  taxes  shall 
be  paid  by  December  1st  following  and  until  paid  shall  be  a 
lien  upon  property  within  this  state  of  the  corporation,  and 
take    precedence    over    other    lines    and    incumbrances.      (Va. 

XIII  179.) 

Corporations  may  appeal  in  same  manner  as  provided  for 
appeal  from  assessment.  (See  below,  this  title,  Assessment 
—  Appeals.)      (Va.  XIII  180.) 

After  January  1,  1903,  the  system  of  taxation  of  railway 
and  canal  corporations  shall  be  as  set  forth  in  sections  170-180 
inclusive  (property  and  franchise  taxes),  and  such  system 
shall  so  remain  until  January  1,  1913,  and  thereafter  until 
modified  or  changed  as  may  be  prescribed  by  law,  provided 
that  if  for  any  reason  such  system  becomes  inoperative  the 
general  assembly  may  adopt  another  system.  (Va.  XIII  181.) 
Railroads 

See  also  above,  this  subdivision,  "  Corporations  ",  "  Corporate 

Property  ",  "  Public  Utilities  ". 
Existing  law  respecting  taxation  of  railroad  property  continued 
until  otherwise  provided;  but  nothing  in  constitution  to  be 
construed  to  prevent  legislature  from  providing  by  law  how 
railroad  and  railroad  property  shall  be  assessed  and  how  taxes 
thereon  shall  be  collected.      (Ky.  1S2.) 


1  M  .  1   \      I  >  I . 


TAXATION  {Cont'd) 

Objects  and  Kinds  of   I  wmiun   (Ooni 
Railroads    (Cont'd) 

Law  heiretofoi  e  or  iiei  cartel  ■ 

pans    exisl  in^'    in    state    01    op  i  ill  ing 

lieu  of  all  ol her  t.i ices  and 

roads,  rolling  stock  and  othei 

fchfe  time  and   periods  i  herein 

of  this  stair  a   certain   p. 

gross  earnings  of  such  railroad  compan 

or  amended  unl 

fietl  by  a  majoritj  of  b! 

Bubn 
Nothing  in  constitutional  provision  r< 
exemptions  from  taxation  to  !"•  ■ 
or    repeal    any   existing    law    provi 

•*  All    railroad    corporations    in    this 
therein  "  Bubjeci  i"  taxai ion  i 

pal   and   ol  lu-r   purposes   0 il    and    p. 

or    used    li\     them    and    on    ■: 

chises  and  capita]  stock.     (Mo.  X 
Rolling  stock  and  other  movable  propi 
company    or   corporation    in    state   to 
property   and  Liable  to  taxation  -am. 
individuals.      Utah   XII    II:    Wad,.    Ml 
Registration  Taxes 

Legislature  may  provide  For  levj   and  collect i 

IS     • 

Special  Taxes 

Legislature  ma\    provide  bj    general   law 

Specific  Taxes 

Legislature  nia\  provide  for  levy  and  i 

i 

Legislature   may   b)    law    impose';    to  be   uniform 

which  thej 

Stamp  Taxes 

Legislature  may  provide  for  levy  and  collection 

Constitution    not    to  be  constrned    to 

providing  stamp 

State  Lands 

ToLesuKje.,  to  taxation. from  da1 

Stocks  and  Bonds 

Shares  of  stock  of  all  Mu 

anv*  other  state,  or  of  tho  \  ' 

state,   shall    i  I    «*«    I 

thereof  bj  state  board  of  equalization  in  n 


1388  State  Constitutions 


TAXATION  (Cont'd) 

Objects  and  Kinds  of  Taxation   (Cont'd) 
Stocks  and  Bonds    (Cont'd) 

law  in  city  or  town  where  hank  is  located,  and  not  elsewhere. 
Tax  shall  be  1  per  cent,  annually  payable  to  state.  Value  of 
each  share,  except  of  banks  in  liquidation,  shall  for  purposes 
of  this  section  be  the  amount  paid  in  thereon  together  with  its 
pro  rata  of  accumulated  surplus  and  undivided  profits.  Value 
of  each  share  of  bank  in  liquidation  shall  be  its  pro  rata  of 
the  actual  assets  of  such  bank.  This  tax  shall  be  in  lieu  of 
all  other  taxes  and  licenses,  state,  county  and  municipal  upon 
such  shares  and  upon  the  property  of  such  banks  except 
county  and  municipal  taxes  on  real  estate  and  except  as 
otherwise  provided  in  this  section.  In  determining  value  of 
the  capital  stock,  there  shall  be  deducted  the  assessed  value 
of  any  real  estate  of  the  bank  other  than  mortgage  interests 
therein,  taxed  for  county  purposes.  The  banks  shall  be  liable 
to  the  state  for  this  tax  and  it  shall  be  paid  to  the  state  by 
them  on  behalf  of  stockholders  in  manner  prescribed  by  law 
and  they  shall  have  a  lien  upon  the  shares  of  stock  and  upon 
dividends  to  secure  the  amount  so  paid.  The  word  "  banks  " 
includes  banking  associations,  savings  and  loan  societies  and 
trust  companies,  but  not  building  and  loan  associations.     (Cal. 

XIII   14  c.i 

Legislature  may  provide  for  taxation  of  banks  and  banking 
capital  "  by  taxing  the  shares  according  to  the  value  thereof 
( augmented  by  the  accumulations,  surplus  and  unpaid  divi- 
dends)   exclusive  of  real  estate  which  shall  be  taxed  as  other 

real  estate".    (Miss.  VII  181.) 

Legislature  to  tax  investments  in  bonds,  stock,  joint-stock  com- 
pany or  otherwise  by  uniform  rule.      (X.C.  V  3.) 

Shares  of  stock  of  banks  and  corporations  located  in  this  state 
to  be  listed  at  "  their  true  value  in  money  "  and  taxed  for 
municipal  purposes  in  city,  ward,  town  or  incorporated  village 
where  bank  or  corporation  is  located  and  not  elsewhere;  "true 
value  in  money  "  to  include  all  surplus  or  extra  moneys,  capital 
and  every  species  of  personal  property  of  value  owned  or  in 
possession  of  corporation.     (S.C.  X  5.) 

Legislature  to  provide  for  taxing  investments  in  bonds,  stocks, 
joint-stock  companies  or  ptherwise.      (S.D.  XI  4.) 

Legislature  mav  tax  income  derived  from  stocks  and  bonds  when 
not  taxed  ad  valorem.     (Tenn.  II  28.) 

Constitution  not  to  be  construed  to  authorize  taxation  of  stocks 
of  any  company  or  corporation  "  when  the  property  of  such 
company  or  corporation  represented  by  such  stocks  has  been 

taxed".     (Utah   XIII   2.) 

Corporate  stock  not  to  be  taxed  when  franchise  tax  is  imposed 
on  corporation  doing  business  in  state  issuing  such  stock  or 
when  all  the  capital  however  invested  of  corporations  chartered 
under  laws  of  state  is  taxed.     (Va.  XIII  170.) 


1 I 


TAXATION  (Cont'd) 

Objects  am.  Kinds  of  Taxatio 
Stocks  and  Bonds    (Cont\ 

Until   otherwise   prescribed    I 
security   companies   charter* 
banks,  to  be  taxed   in 
banks  bo  taxed  bj  \an  i„  ,. 
assessed   value  of  Btock  of 
shall  be  deducted  the 
wis.,  taxed  in  this  state  and  1 1 
shall  be  its  proportion  of  rem  undi 
Succession  Taxes,  See  above,   thit 
Telegraph  Interests  or  Business 

Legislature  may  tax  as  provided  b 
the  class  upon  which  it  opi 
Toll  Bridges 

Legislature  may  tax  as  provided  b 
the  class  upon  which  it  operate 
State  Taxes 

Under  this  subhead  an    digested  i 
the  levy,  rate  ami  purpost    of  stai 
relating  to  such    to 
See    also    Mr\i<ir\i.    Hohe    Ruti        P 
Frame  Its    Charter  —  Contents    oi    i 

For  estimate  of  amount  required  to 

For  taxes  for  school  purpo 

For  taxes  for  redemption  of  statt   ■'■  ' 

Authority 

Taxing  power  may  1 xercised  b] 

Tax   may  be   levied    aimiialh    on    proper! 
be   applied   exclusively   for   maintenan 
levee   system.     Tliis    provision    to 
federal  governmenl  assumes  control  of  \em 

Legislature  may  impose  and   levj 

assessments,  ran-  and  taxt  "  < 

Legislature   authorized    to   im] and   I.  ■ 

reasonable  assessments 
itants  of  and  residents  within 

"For  state  revenue  there  shall  be  i*  ■ 

Legislature  to  provide  "needful" 

\   II    J:    III 

Legislature  to  provide  i 

In  addition  to  limited 
may  be  made  on  liv. 

on  wild   animals  and   for  Btod      I 


1390  State  Constitutions 


TAXATION  (Cont'd)  •    " 

State  Taxes   (Cont'd) 
Authority    (Cont'd) 

demnity  purposes"  as  prescribed  by  law;   such  special  levy  to 
be  made  and  levied  annually  by  state  board  of  equalization,  as 
prescribed  by  law.      (Mont.  XII  0.) 
Legislature  to   provide   for   raising   revenue   sufficient  to   defray 

expenses  of  state.      (N.D.   XI   174.) 
Legislature  to  provide  by  law  for  annual  tax  sufficient  to  defray 
estimated  expenses  of  state  for  each  fiscal  year.     (New  IX  2; 
S.C.  X  2;   S.D.  XI   1;   Wis.  VIII  5.) 
Legislature  to   levy   special   tax   for   prison   equipment  in    1907. 

(S.D.  XI  1.) 

Legislature  to  provide  for  annual  tax  which  with  other  resources 

shall   be   sufficient   to  defray   estimated   expenses   of  state  for 

each  fiscal  year.      (Colo.  X  2;  Ky.  171;  Okla.  X  2;  Utah  XIII 

2;  Wash.  VII  1.) 

Legislature  to  provide,  for  annual  tax  sufficient  with  other  sources 

of  revenue  to  defray  necessary  ordinary  expenses  of  state  for 

fiscal  year.     (Ariz.  IX  3.) 
Legislature    to    provide    for    annual    tax    sufficient    with    other 
resources  to  pay  estimated  expenses  of  state  government,  inter- 
est on  state  debt  and  such  deficiency  as  may  occur  in  resources. 

(Mich.  X  2.) 
When  expenses  in  any  fiscal  year  exceed  income,  legislature  may 
levy  tax  for  ensuing  fiscal  year  sufficient  with  other  sources  of 
income  to  pay  deficiency  in  addition  to  estimated  expenses  for 
ensuing  fiscal  year.  (Ariz.  IX  4;  Okla.  X  3;  Ore.  IX  6;  S.  0. 
X  2;  S.D.  XI  1;  Wash.  VII  8;  Wis.  VIII  5.) 
State  may  select  its  subjects  of  taxation  and  levy  and  collect  its 
revenues   independent   of   counties,    cities   or   other   municipal 

subdivisions.      (Okla.  X  13.) 

When  expenses  for  any  year  exceed  income  legislature  to  provide 

for  levying  tax  sufficient  with  other  sources  of  income  to  pay 

deficiency  as  well  as  estimated  expenses  of  "  such  ensuing  year 

or  two  years  ".      ( Nev.  IX   2. ) 
Legislature  to  provide  "  equitable  taxes  "  annually  for  superin- 
tendence   and    repair    of    state    canals,    and    may    authorize 
"  equitable  annual  tax  "  for  improvement  of  canals.     (N.Y.  VII 

9,  10.) 

When  deficiency  in  revenue  exists  for  any  year  legislature  to  levy 

at  regular  session  next  after  deficiency  occurs  tax  for  ensuing 

year    sufficient   with    other,    sources    of    income   to   meet   such 

deficiency  as  well  as  estimated  expenses  of  such  year.      (W.Va 

X5.) 
Legislature's  power  of  taxation  to  extend  to  provision  for  pay- 
ment of  state  debt  and  interest  thereon,  support  of  free  schools 
and  pavment  of  annual  estimated  expenses  of  state.      (W.  Va. 

X  5.) 

If  the  state  revenues  from  taxes  on  corporations,  franchises,  etc., 

are  insufficient  to  meet  its   expenditures   including  those  for 


Indbs   1  >  i  • 


TAXATION  (Cont'd) 

State  Taxes  (Cont'd) 
Authority   (Con? 

educational  purposes,  th<  ■ 
vided  by  law  a  tax  Eoi 
state  including  the  classes  of  prop 
1mn  (.corporations,  franchi 

State  board  of  equalization  foi 
July  1,  1911,  to  lew   ;m  .;./ 
ject  to  taxation  on  July    l.   l:iiu.  in 
other  stale  taxes  te 
sum  sufficient  after  allowance  for    I 
each  of  said  four  fiscal 
Exposition.    Board  to  fix  i 
of  revenue  required  for  othi  r  state  p   i 
Legislature  maj  add  -  road  and 

for  annual  tax  levy  on  all  property 
Legislature  may  after  January    1,  19 
of  taxation  "tin-  several  cl 
and  determine  upon  whal  sub 
subjects  local  taxes  maj  be  levied". 
Limitations  Upon 
Purpose 

Power  of  taxation  "over  the  \v  1  > 
legislature  solely  for  I  1  I  Supp 
public  institutions;   |  -  I    Edu< 
ins  children  in  elementary  bi 
only;    (•'>)    Payment  i"'' 
(4)  Suppress  insurrection,  repel  in' 
in  lime  of  war;    I 
support   of  soldiers  ami  their  \\  ido 

dit     • 
Legislature  not   to  lew  i 

excepl   I     "'  raise  revenue  Buffi 
ministration   of   the  govi  mmi 
eluded :  raising  revenue  foi 
debt  of  state;  for  eri  ■  tion  and 
for  benefit   of  sinking  fund,  i 
the  public  debl ;    for   ■ 
including  bonds   for    payi 
inadequate;   for  suppi 
leges  and   univeraitiei  u  I 
of  Agricultural  and  M. 
teetion  of  frontiei 
Collecting  revenue:   fo 

ploy 

port   of  blind,  deaf  and  dumb 

slate,  and 

inent    of  quarantine    ■ 


1392  State  Constitutions 


TAXATION  {Cont'd) 

State  Taxes   (Cont'd) 

Limitations  Upon    (Cont'd) 
Purpose   (Cont'd) 

legislature  may  levy  and  collect  in  addition  to  all  other 
taxes   an   ad  valorem   tax   on    property,   not   exceeding   5 
cents    on    $100,   to    create    special    fund    for    pensions    of 
soldiers,  sailors  and  their  widows.      (Tex.  Ill  48,  51.) 
Rate 

Legislature  not  to  levy  in  any  year  greater  rate  than  sixty- 
five   one   hundredths    of    1    per    cent,    of    value   of    taxable 
property.      (Ala.  XI  214.  XIV  260.) 
Legislature  not  to  levy  for  one  year  exceeding  in  aggregate 
1    per    cent,    of    assessed    value   of    property    of    state    for 

that  year.     (Ark.  XVI  8.) 
Rate    for    state    purposes    not    to    exceed    4    mills    on    each 

dollar  of  valuation.     (Colo.  X  II.) 
Levy    of    taxes    on    property    for    all    purposes    in    any    year 
except  to  provide  for  repelling  invasion,  suppressing  insur- 
rection or  defending  state  in  time  of  war,  not  to  exceed 
5    mills    on    each    dollar    value    taxable    property.       (Ga. 

VII  Sec.  I  2.) 
Rate  for  state  purposes  on  real  and  personal  property  not 
to  exceed  10  mills  on  each  dollar  of  assessed  valuation, 
unless  proposition  to  increase  such  rate  specifying  pro- 
posed rate  and  time  during  which  to  be  levied  shall  be 
submitted  to  people  at  general  election  and  receive  ma- 
jority of  votes  cast  for  and  against.  (Ida.  VII  9.) 
Tax  on  property  "  for  all  purposes  whatever,  except  those 
otherwise  provided  for  in  this  constitution,  including  ex- 
pense of  government,  schools,  levees,  public  roads  and  pub- 
lic debt  and  interest  thereon  "  not  to  exceed  in  any  year  0 
mills  on  dollar  of  assessed  valuation,  unless  additional  tax 
is    required    under    provision    of    constitution    relating    to 

public  debt.     (La.  232.) 
Tax  for  state  levee  system  not  to  exceed   1   mill   annually. 

(La.  230.) 
Annual  tax  levy  for  state  road  and  bridge  fund  not  to  exceed 

1  mill.  (Minn.  IX  10.) 
Exclusive  of  that  necessary  to  pay  the  bonded  debt  of  state, 
tax  on  property  not  to  exceed  20  cents  on  $100  valua- 
tion. When  taxable  property  of  state  amounts  to  $900,- 
000.000  rate  not  to  exceed  15  cents.  (Mo.  X  S.) 
Rate  on  real  and  personal  property  for  state  purposes, 
except  as  provided  in  constitution  not  to  exceed  2%  mills; 
when  taxable  property  in  state  amounts  to  $600,000,000, 
rate  not  to  exceed  2  mills  unless  proposition  to  increase 
rate,  specifying  proposed  rate  and  time  during  which  it 
is  to  be  levied  is  submitted  and  approved  by  majority  of 
all  votes  cast  for  and  against  at  general  election.  Special 
levy  on  live  stock  not  to  exceed  4  mills.      (Mont.  XII  9.) 


f  MM    \      I  >|..l  81 


TAXATION   (Conl 

State  Taxe.s   (Co>\i'<h 
Limitations  Upon    (C 
Rate   (Cont'd) 

Taxes  levied  on  reft!  01   persoi  il  , 
ih.i    to   exeeed    t    mill 
educational    penal  and  i  bai  it  i 
payment  of  the  -i  rtc  debt 
annual    tas    lew    irpon 

exclusive  of  ne< 

Rate  for  state  purposes  n<  I 
<m  cadi  dollar  of  assessed  \  nlii 
the   State   ascertained    i>\ 

•untj  pui 

State  levy   on   ad   vala 

Rate  for  stale  purposes  not    •■ 
on  assessed  \  aluat  ion  of  all  ta\:ild 
ascertained  l>\    lasl   assessmi  n 

Special  tax  for  prison  equipment  i 
half  mills  on  assessed   valuati 
ascertained  by  lasl    aasessmei 

Taxes  for  benefit   of   sinking    i  in  I  not 
of  public  debt.    Slate  taxes  cm  pi 
to  pay  public  debt   and   fo*  benefit    pill 
to  exceed  36  cents  on  $100  vain  iti 
levy   and    collect    in    addition    lu    ill 
valorem  tax  On  property   n< 
create   special    fund 
their  widows,     i  Pex.  til    18,  51,  \  I 

For  state  purposes  no1    to 
valuation    to  Lm    apportioned  i 
general    state   purpose 
poses,  and    I  '  _■  mills  f< 
taxable    properly   amount 
exceed  5  mills  unless    i    p 
stating  the  proposed 
shall  be  levied,  bi    approved, 
jority  of  such  qualified  eli 

next  pr ling  the  el 

to  bhem  within  thi 

•On  all  lands  and  itnprovei 
personal   property  no!  ox< 
tution.     Stat( 
8e88eu   value  such   pr<  | 
expenses  government   and     - 

1     1907     ,-,i  '     ' 

purposes  to  be  pn 


1394  State  Constitutions 

i — — . — 

TAXATION  (Cont'd) 

State  Taxes   (Cont'd) 

Limitations  Upon    (Cont'd) 
Rate   (Cont'd) 

"  tax  or  revenue  "  to  be  levied  at  any  time  than  required 
for  necessary  expenses  of  government  or  to  pay  state  debt. 

(Va.  XIII  1S9,  1S8.) 
For  state  revenue  annual  tax  "  not  to  exceed  4  mills  on 
the  dollar  of  the.  assessed  valuation  of  the  property  in  the 
state  except  for  the  support  of  state  educational  and 
charitable  institutions,  the  payment  of  the  state  debt  and 
the  interest  thereon  ".  ( Wyo.  XV  4. ) 
Release  or  Commutation  Prohibited 

Legislature  not  to  release  or  discharge  any  county,  city,  town- 
ship, town  or  district  or  inhabitants  thereof  or  property 
therein,  from  their  or  its  proportionate  share  of  taxes  to  be 
levied  for  state  purposes,  nor  to  authorize  commutation  of  such 
taxes  in  any  form  whatever.  (111.  IX  6;  Nebr.  IX  4.) 
Legislature  not  to  release  or  discharge  any  corporation  or  its 
property  from  its  proportionate  share  of  state  taxes  or  au- 
thorize   commutation    of    such    taxes    in    any    form    whatever. 

(Nebr.  IX  4.) 

No  county,  city,  town  or  other  municipal  corporation,   nor  the 

inhabitants  thereof,  nor  the  property  therein,  shall  be  released 

or  discharged  from  their  or  its   proportionate  share.      (Colo. 

X  8;  Ida.  VII  7;  Mont.  XII  6.) 
"  No  county,  city,  town  or  other  municipal  corporation,  nor  the 
inhabitants  thereof,  nor  the  property  therein,  shall  be  released 
or  discharged  from  their  or  its  proportionate  share,  *  *  * 
nor  shall  commutation  for  such  taxes  be  authorized  in  any 
form  whatsoever  ".  ( Mo.  X  9. ) 
"  No  county  nor  the  inhabitants  thereof,  nor  the  property  therein, 
shall  be  released  or  discharged  from  its  or  their  proportionate 
share  of  taxes  to  be  levied  for  state  purposes,  nor  shall  com- 
mutation for  such  taxes  be  authorized  in  any  form  whatever."* 

(Wash.  XI  9.) 
Legislature  not  to  release  inhabitants  of  or  property  in  any 
county,  city  or  town  from  payment  of  taxes  levied  for  state 
purposes  unless  in  case  of  great  public  calamity  in  such  city 
or  town  when  such  release  may  be  made  by  vote  of  two-thirds 
of  each  house.  (Tex.  VIII  10.) 
Local  Taxes 

Under   this  subhead,  are  digested  only   those  provisions   relating    to 
the  levy,  rate  and  purpose  of  local   taxes.    For  other  provisions 
relating  to  such  taxes,  See  throughout  this  title. 
For  taxes  for  sclwol  purposes,  See  below,  this  title.  School  Taxes. 
For  taxes  for  redemption  of  local  debt,  See  specific  subdivisions  of 

state,  e.  g.,  "Cities",  "  Municipalities  ". 
For   taxes  for  levee  and  drainage  purposes,   Sec   "  Levees  —  Levee 
Districts  —  Taxation  "  and  "  Drainage  —  Drainage  Districts  ". 


Lndex   I i 

TAXATION  (ConVd) 

Local  Taxi  t'd) 

Authority 

See  also  b<  low,  th 

Legislature  not   to  im] 
other  municipal  coi 
ertj    thereof   for  county,  • 
poses,  tun  m : i \  bj  law  vest  in  thi 
the  power  I  ami  i  ollei  i 

\   7-.   tda.  \  II  6j   Mont.  XII  4 

Legislature  not  t"  imp 
nt  her  municipal  corporal  ;■ 
erty  thereof  for  countj .  ci1 
inn    may   by   general   la 
thereof  the   power  to 
poses.     (Ky.  181  ;   Mo.  X    LO;  0 

Legislature  not   h 

other  public  or  municipal  corpi 
or  proper!  j  thereof  for  counl  j 
purposes,  bu1  maj  by  general 
I  ir-  thereof  the  power 

After  filing  charter  framed  under  pi 
or  town  may  provide  and  legislate  f(  r  l< 
to  be  made  bj  municipal  officials  or  bj 
as  provided  in  charter.     (Colo.   XX   ■ 

Council  of  city  and  countj   of  Dem  er  ma 
each  year  for  city  and  countj  pui  ■ 
to  all  cities  and  towns  framing 

Legislature  to  provide  thai  wheni 

standing  and  unpaid  for  payn*  nl  of  wln<  I 
in  county  treasury,  countj  commis 
taxes   provided   bj    law   I-   lev 
mills  on  dollar  of  taxable  proper! 
assessment   for  redemption  Buch  v 

Legislature  may  by  general  laws  onlj 
any  class  -  to  provide  for  taxation 

personal    property,   tangibl ■    ii  I 

license  or  franchises  in   li< 
p,„t    cities   of    tii-'    class 
valorem    tax    on    such    pro] 
bridge,  gas,  water,  heat 
or  electric  pow< 

Taxing  power  to  b. 

corporations    under    with, 
"county  :uid  othei 

Taxes  for  countv,  ■ 
,,„  all  subjects  and  obj. 

Taxes  for  city,  town  a, 
subjects  and  , 


1396  State  Constitutions 


TAXATION  {Cont'd) 

Local  Taxes   (Cont'd) 
Authority   (Cont'd) 

Municipal  corporations  "  may  be  vested  with  authority  to  assess 
anil  collect  taxes"  for  all  corporate  purposes.      (Ariz.   IX  G; 

S.D.  XI  10;  Wash.  VII  9.) 
Legislature    may    delegate    taxing    power    "  with    the    necessary 
restrictions  "  to  subordinate  "  political  and  municipal  corpora- 
tions "  to  the  extent  of  "  providing  for  their  existence,  main- 
tenance and  well  being,  but  no  further  ''.    ( Ark.  II  23. ) 

County  courts  to  have  such  power-  in  relation  to  county  taxes 
;i-  conferred  by  law.  Justices  of  peace  to  sit  with  and  assist 
county  judge  in  levying  county  taxes:  judge  and  majority  of 
justices  to  be  quorum  for  purpose;  or  in  absence  of  judge, 
majority  of  justices  to  be  quorum  and  they  shall  elect  one  of 
their  number  to  preside:  legislature  to  regulate  manner  of 
compelling  attendance  of  such  quorum.     (Ark.  VII  28,  30.) 

Legislature  to  authorize  counties  and  incorporated  cities  and 
towns  to  assess  and  impose  taxes  for  county  and  municipal 
and  for  no  other  purposes.      (Fla.  IX  5.) 

Courts  of  ordinary  to  have  such  powers  in  relation  to  count \ 
taxes  as  conferred  by  law.      (Ga.  VI  Sec.  VI  2.) 

Legislature  not  to  impose  taxes  on  municipal  corporations  or 
the  inhabitants  or  property  thereof  for  corporate  purposes,  but 
may  authorize  them  to  assess  and  collect  taxes.      (111.  IX  !). 

10;  Xebr.  IX  6.  7.) 

Legislature  may  provide  for  assessment  of  property  and  levy 
and  collection  of  taxes  for  corporate  purposes  in  Chicago  "  in 
accordance  with  the  principles  of  equality  and  uniformity  " 
prescribed  by  constitution.      (111.  IV  34.) 

Taxing  power  may  be  exercised  by  parishes,  municipal  corpora- 
tions and  public  boards  under  authority  granted  by  legislature 
for   parish,   municipal    and   local   purposes    strictly   public    in 

nature.      (La.  224.) 

County  and  township  organization  to  have  such  powers  of  local 
taxation  as  may  be  prescribed  by  law.     (Minn.  XI  5.) 

County  not  to  be  denied  right  to  levy  county  and  special  taxes 
upon  assessment  of  railroad  and  corporate  and  other  property 
not  wholly  within  one  county  made  in  pursuance  of  special 
method  of  assessment  provided  by  legislature  as  in  other 
cases  of  property  situated  and  assessed  in  the  county.      (Mi--. 

IV  112.) 

County  taxes  to  be  levied  by  county  commissioners  "  in  like 
manner  with  the  state  taxes".     (XT'.  V  6.) 

County  commissioners,  township  trustees  and  similar  boards  to 
have  "  such  power  of  local  taxation,  for  police  purposes,"  as 
may  be  prescribed  by  law.      (Ohio  X  7) 

Corporate  authorities  of  counties,  townships,  school  districts, 
cities,  towns  and  villages  to  be  vested  with  power  to  assess 
and  collect  taxes  for  corporate  purposes.      (S.C.  VIII  6,  X  5.) 


I\i... 


TAXATION     (    ,  I'd) 

Local  Taxes   [Cont'd) 
Authority   (Cont'd) 

Legislature  to  require  .ill 
ti<m  permit*  I 
pom  inn  to  be  tax 
of  debts  contracted. 
r  subdivisions 

a  islature  ma  . 

impose  taxi 

in  manner  prescrib 
Cities    and   towns   with    [>< 

and  collect   annual  I 

local  governmi  at.        I  • 
Cities  having  population  :. 

collect  such  ta 

*'  All   propeii 

lying  or  being  within   the  Lin 

town   within  tl  shall 

municipal  taxation  and 

been  heretofore  rei 

within  which  it  lies  shall  h 

and  collect   the  usual  mui 

lying  within  said  munh 
Counties   ami   citi< 

two-thirds  eote  of  ta  .  !•» 

to  levy  and  collect   BUi  b   I 

struction  i  I 


Board  of  supervisors  to  I 


Legislature  ma 

of  taxation  "  i! 

and  determine  upon  v  I 

subjects  local  tax<  - 
Legislature  may  auth 

and  vili   -   - 


Limitations  Upon 
7?i    General 

Legislatun    I 
eitii  - 

Legislatur*    I 
citi< 

Legislature  to  i 

- 
(X.Y.  XI 1 


1398  State  Constitutions 


TAXATION  (Cont'd) 

Local  Taxes  (Cont'd) 

Limitations  Upon   (Cont'd) 
In  General    (Cont'd) 

Legislature  to  restrict  power  of  municipal  corporations  to 
levy  taxes  and  assessments  so  as  to  prevent  abuse  of  such 
power.      (S.D.  X  1;  Wyo.  XIII  3.) 
Laws  may  be  passed  to  limit  power  of  municipalities  to  levy 

taxes  for  local  purposes.      (Ohio  XVIII  13.) 
Legislature  to  restrict  power  of  taxation  and  assessment  of 
cities  and  towns  except  for  procuring  supplies  of  water. 

( Nev.  VIII  S. ) 

Legislature   to   restrict   power   of   cities   and  towns   to   levy 

taxes   and   assessments   and   none   to  be  levied   except   in 

pursuance   of   law   for   public   purposes   specified   by   law. 

(S.C.  VIII  3.) 
Legislature  in  acts  incorporating  towns  and  cities  to  restrict 

their  powers  of  taxation.      (Ore.  XI  5.) 
Legislature    in   general    law   providing   for    organization    of 
cities  to  restrict  power  of  taxation  and  assessment  so  as 
to  prevent  abvise.      (Ark.  XII  3.) 
Legislature    in   general    law   providing   for    organization    of 
municipal  corporations  to  restrict  power  to  levy  taxes  and 

assessments.      (N.D.  VI  130.) 
Provision  to  be  made  by  general  laws  to  prevent  abuse  by 
cities,  towns  and  other  municipal  corporations  of  powers 
of  assessment  and  taxation.      (Miss.  IV  80.) 
Power  to  tax  corporations   and  their  property  never  to  be 
surrendered   or   abridged   by   contract   or  grant   to   which 
political  subdivision  of  state  is  party;  but  this  subject  to 
exception   in   favor   of   manufacturing   and   public   utility 
enterprises.      (Miss.  VII   182.) 
In  exercise  of  power  of  counties  and  incorporated  cities  and 
towns  to  tax  "  all  property  shall  be  taxed  upon  the  prin- 
ciples established  for  state  taxation".      (Fla.  IX  5.) 
In  exercise  of  power  of  counties  and  incorporated  towns  to 
tax  "  all   property  shall  be  taxed  according  to  its  value 
upon  the  principles  established  in   regard  to  state  taxa- 
tion".      (Tenn.  II  29.) 
Purpose 

Legislature  may  authorize  incorporated  cities  and  towns  to 
assess  and  impose  taxes  for  municipal  and  no  other  pur- 
poses.     (Fla.  IX  5.) 
City   or   village  not   to   assess,   levy   or   collect   any  tax   or 
assessment  for  other  than  public   purpose.      (Mich.  VIII 

25.) 
Except  as  otherwise  provided  in  the  constitution,  no  tax  or 
assessment  to  be  levied  or  collected  by  municipal  corpora- 
tion except  in  pursuance  of  law  for  public  purposes  speci- 
fied by  law.     (S.D.  X  2.) 


Index  Digesi 


TAXATION  (Cont'd) 

Local  Taxes  (Cont'd) 

Limitations  Upon   (Cont'd) 
Pwpose  (Cont'd) 

No  tax  or  assessment  to  be  levied  ...  coll. 
corporation  except  in  pursuance  of  law 
poses  specified  by  law.     (Wyo.  Mil 
No  tax  to  be  levied  or  collected  bj  anj  count 
other    municipality    for    paymeni    anj 

thereon  contracted   directly   or    im 

rebellion. 
Legislature  not  to  delegate  to  countj   righl 

purpose  except  for   educational    purpi  build 

repair  public  bridges;  bo  o tain  and 

to  pay  jurors  and  coroners;  and  for  In 
roads,   and   expenses  of  courts  ipporl    i 

pay  debts  existing  prior  adoption  ■ 
county   police,   and    to    providi     foi    ai    • 

Legislature  not   to   authorize  countj    or   townshi] 
taxes  for  any  purpose  excepl    "  educatioi 
build  and  repair  public   roads,   buildings   and   l>ri 
maintain  and  support    prisoners,   paj 
cers,  and  for  litigation.  quarantin*    and   ■     irt 
and.  for  ordinary  county  purposes,  to  support   | 
pay  past  indebtedness".    (S.C.   \  6.) 
Rate 

No  county  to  be  authorized  l"  Levj  great*  i 
than  one-half  of  one  per  cent,  on  value 
erty  therein.    Additional  rate  i 
one    per    cent,    authorized     for    paymeni 
existing  1875.  also  additional    rate  oi   01 
per  cent,  authorized  to  pay  debt   existing   ti 
constitution  and   incurred    I  or  man 

public  buildings  or  bridges  or  -  ibsequentlj    ir 
erection  public  buildings,  bridgea  or   I 
solely  for  purposes  for  which  levied. 

Except  as  otherwise   provided   in    thia   arti  li 
no    city,    town,    village    of    other    munici] 
higher  rate  in   any  year  than   one-hall 
of  value  of  property   therein 
tion  during  preceding  year.     Special   additioi 
one  per  cent,  authorized  exclusively    ' 
existing   1875   and    interest    tit 
apply  to  specified  cities  and  towns  which 
to  lew  rates  for  general  and 
ing  provisions  prescribed  for  each. 

No  municipal  corporation  to  be  authorited  to  levj 
on   real    Or    personal    prop«rtj    to 
rear  than  5  mills  on  as 1   value;   bu 


1400  State  Constitutions 


TAXATION  [Cont'd) 

Local  Taxes   (Cont'd) 

Limitations  Upon   (Cont'd) 
Rate   (Cont'd) 

edness  existing  time  adoption  constitution  additional  tax 
of  not  more  than  5  mills  may  be  levied.     (Ark.  XII  4.) 
No  county  to  levy  tax  exceeding  "  one-half  of  one  per  cent, 
for    all   purposes";    but   may    levy   additional   one-half   of 
one  per  cent,  to  pay   indebtedness  existing  time  adoption 

constitution.  (Ark.  XVI  9.) 
County  courts  together  with  majority  of  justices  of  peace 
authorized  in  addition  to  amount  allowed  to  be  levied  for 
county  taxe.s  to  levy  not  exceeding  three  mills  on  all 
taxable  property  of  county  to  be  known  as  county  road  tax 
and  to  be  used  for  making  and  repairing  public  roads  and 
bridges  in  count  y  and  for  no  other  purpose,  to  be  collected 
in  United  States  currency  or  county  warrants  legally 
drawn  on  such  road  tax  fund,  if  majority  qualified  electors 
of  county  "  shall  have  voted  public  road  tax  at  the  general 
election  for  state  and  county  officers  preceding  such  levy  at 

each  election".  (Ark.  XXIII.) 
Rate  not  to  exceed  $1.50  on  each  $1,000  in  counties  where 
assessed  valuation  exceeds  $5,000,000,  or  $3  on  each  $1,000 
where  it  is  less  than  $5,000,000.  (Colo.  XI  6.) 
In  counties  not  to  exceed  in  the  aggregate  75  cents  per 
slOO,  except  to  pay  ante-constitution  debt,  without  ap- 
proval of  the  people  of  the  county.  (111.  IX  8.) 
Tax  rate  of  cities,  towns,  counties,  taxing  districts  and  other 
municipalities  for  other  than  school  purposes  not  to  ex- 
ceed "  following  rates  on  value  of  taxable  property 
therein";  for  cities  and  towns  having  population  of 
15,000  or  more  $1.50  per  $100,  less  than  15,000  but  not  less 
than  10,000  $1  per  $100,  less  than  10,000  75  cents  per 
$100,  and  for  counties  and  taxing  districts  50  cents  per 
.^100;  unless  higher  rate  necessary  to  pay  interest  on  or 
provide  sinking  fund  for  redemption  of  debt  contracted 
prior  to  adoption  of  constitution.  (Ky.  157.) 
Except;  as  otherwise  provided  in  constitution  no  parish, 
municipal  or  public  board  tax  for  all  purposes  to  exceed 
in  one  year  10  mills  on  $1  of  assessed  valuation,  provided 
that  for  purposes  of  public  schools,  and  erection  and  con- 
struction of  public  buildings  and  other  permanent  works, 
the  title  to  which  will  be  in  the  imblic;  any  parish,  mu- 
nicipal corporation,  ward  or  school  district  may  levy 
special  tax  in  excess  of  said  limitation  whenever  the  rate, 
purposes  and  number  of  years  during  which  it  is  to  be 
levied  have  been  submitted  to  vote  of  the  property  tax- 
payers entitled  to  vote  under  laws  of  state,  and  majority 
of  same  in  number  and  in  amount  voting  at  such  election 

have  voted  therefor.      (La.  232.) 


Index   Di< 


TAXATION  (Cont'd) 

Local  Taxes  [Cont'd) 

Limitations  Upon   [Cont'd) 
Rati    i  (",,„/•-/ 1 

Board  of  supervi 
tenth  mill  on  assessed 
of  public  buildings  01  I 
than  siii.iiiiii.iinii  board 
except  on  submission  I 
voting  thereon.    <  lounl  j 
year  to  exceed  $3  on  eai  h 
preceding  year,     hegislatun 
of    tafxes   of   cities   and    vi 

• 
Annual  rate  in 
■  ■rty  or  less  no1  to  exceed 
having   $6,000,000   and    m 
40    cents    i in    $100;    lw 
QOO',000  no1   i..  .  x©   •!  Si 
000  or  more   no1    to  • 
rate   in    cities   and    towns    hat 
more  not  to  exceed  $1 
and  iiver    10,000   no1    in 

$100;   having  less  than   ' 

gregatc   to  exceed 
1.000    not    in    aggregate    to    i 
Annual   rate  in  school  d 
000  inhabitants  or  more,  no 
and    in    other   district-    nol 
and  this  rate  nia\   he  ite 
and  towns  to  ->i    pet  $100  and 
cents   per  $100   |! 
voting   at    an    election    held    f< 
allowed  to  he  ascertained  ' 
therein  according  I 
purposes,  or  b) 
or  Tun   ,1    - 

kinds    anil    description    wh<  '!" 
taxes  to  i«a\   valid  indebti 
tion   of  i  onstitution  oi 
Limit   may   be   increased    I 
buildings  when  rati 
tended  i-  submitted  '••  peoplt 
voters  voting  al  election  ■■■• 
In  addition   to  oti  ■ 
county  authorities  (countj 
ship  organization  and  I 
under  township  organii  I 
manner  state    "id   colin 
exceeding  Zfi  centi 


1402  State  Constitutions 


TAXATION  (Cont'd) 

Local  Taxes   (Cont'd) 

Limitations  Upon   (Cont'd) 
Rate    (Cont'd) 

bridge  purposes,  but  for  no  other  purpose.     Power  to  levy 
this  tax  expressly  declared  to  be  "•discretionary".      (Mo. 

X  22.) 
St.  Louis  authorized  to  levy  for  municipal  purposes  in  addi- 
tion to  municipal  rate  fixed  for  cities  generally  "  a  rate 
not  exceeding  the  rate  which  would  be  allowed  for  county 
purposes  if  said'eity  were  part  of  a  county".    (Mo.  X  11.) 

County  authorities  not  to  assess  taxes  the  aggregate  of  which 
exceeds  $1.50  per  $100  valuation,  except  to  pay  ante-con- 
stitution indebtedness,  unless  authorized  by  vote  of  people 

of  county.      (Nebr.  IX  5.) 

Amount  of  county  taxes  never  to  exceed  double  the  state  tax 
except  for  special  purposes  with  special  approval  of  legis- 
lature.     (N.C.  V  6.) 

In  county  containing  city  of  over  100,000  or  in  any  such  city 
amount  to  be  raised  in  any  year  for  county  or  city  pur- 
poses, in  addition  to  interest  and  principal  of  existing  debt, 
not  to  exceed  2  per  cent,  of  assessed  valuation  of  "  real 
and  personal  estate "  as  appears  by  assessment  rolls  for 
last    preceding    assessment    for    state    and    county    taxes. 

(N.Y.  VIII  10.) 

Total  annual  taxes  on  ad  valorem  basis  for  all  state  and 
local  purposes  shall  not  exceed  thirty-one  and  one-half 
mills  on  dollar,  to  be  divided  as  follows:  Not  more  than 
three  and  one-half  mills  for  state;  8  mills  for  county; 
5  mills  for  township;  10  mills  for  city  or  town:  5  mills  for 
school  district;  provided  that  county  may  levy  additional 
2  mills  for  school  purposes;  and  after  referendum  and 
approval  by  majority  of  voters  thereof  school  district 
may  increase  annual  rate  by  not  more  than  10  mills  and 
counties,  cities  or  school  districts  may  for  purpose  of 
erecting  public  buildings  increase  the  rates  by  not  more 
than  5  mills.  Limitation  on  rates  not  to  apply  to  taxes 
authorized  to  be  levied  to  pay  indebtedness  existing 
under  territories.     (Okla.  X  9,  10,  Sched.  25.) 

Annual  tax  of  cities  and  towns  having  population  less  than 
5,000  to  defray  current  expenses  of  local  government  not 
to  exceed  in  any  year  one-fourth  of  one  per  cent.      (Tex. 

XI  4.) 
No  tax  for  any  purpose  for  any  year  shall  exceed  2y2  per 

cent,  of  taxable  property  in  any  city  having  population 
more  than  5.000.  (Tex.  XI  5.) 
County,  city  or  town  not  to  levy  more  than  25  cents  for 
"city  and  county"  purposes,  and  not  exceeding  15  cents 
for  roads  and  bridges,  and  not  exceeding  15  cents  to 
pay   jurors,   except   for   payment   of   debt    incurred   prior 


I  m > i: \    1 ) i . 


TAXATION  [Cont'd) 

Local  Taxes  (Cont'd) 

Limitations  Upon   [Cont'd) 
Bate  (Cont'd) 

adoption  amendment  Septeral 

public  building 

manenl    improvements    m 

one   year   and    ex<  epl 

vided :    legislature   ma)    authi  i 

valorem  tax  to  be  levied  and  colli 

nance  of  public  roads  provided  maj 

taxpaying  voters  of  count 

pose  shall   vote  such  tax  n 

valuation  of  property  subject  t< 

County  authorities  not   t< 

exceeding  95  cents  on  $100  ol 
port  of  free  schools,  payment 
unless    such    assessment   with    .ill    qui 
crease  of  such   aggregate  shall   ; 
of  votes  cast  for  and  against  ii  on 

county.     (W.Vs 

"For  county  revenue  there  shall  be  levied  annual 
to  exceed   12  mills  on  the  dollar  for  all   • 
ing  general  school  tax  exclusive  ot 
the'payment  of  it>  public  debt   and    th 

(W 

Nd    incorporated    city    or    town    shall 
mills  in  any  year  except    for   paw 
and  interest  thereon.      (Wyo.   XV 
Application  of  Proceeds 

Money  raised  by  taxation 

ration  for  any  purpose  not  to  be  d 
pose  except  by  authority    of  law. 

Money  raised  by  taxation  or  ■< 

ration  for  one   purpose   no1    to  1       ;       " 

Referendum 

No  tax  to  he  levied  or  collected  b 
town    or    other    municipal 
expenses    therefor    unless    bj 

Payment  of  tax  on   property  valu 

year  required    for   vote   on   any   pi 

any   city   or   town.      (R.I. 
Release  or  Commutation  Prohibited 
Legislature   not   to  di 

municipal   corporation 

be   authorized    in    an\    form    wl 


1404  State  Constitutions 


TAXATION  (Cont'd) 

Local  Taxes  (Cont'd) 

Release  or  Commutation  Prohibited  (Cont'd) 

Legislature  not  to  release  inhabitants  of  or  property  in  any 
county,  city  or  town  for  payment  of  taxes  levied  for  county 
purposes  unless  in  case  of  great  public  calamity  in  such 
county,  city  or  town  when  such  release  may  be  made  by  vote 
of  two-thirds  of  each  house.  (Tex.  VIII  10.) 
School  Taxes 

Under  this  subhead  arc  digested  only  those  provisions  which  relate 
to  the  levy  of  tawes  for  school  purposes.     For  provisions  relating 
to  applicatio}i  and  distribution  of  moneys  raised  for  school  pur- 
poses, See  Education  —  Funds. 
See  also  above,  this  title,  Objects  and  Kinds  of  Taxation  —  Poll 

Taxes. 
See  also  above,  this  title,  "State  Taxes"  and  "Local  Taxes". 
In  General 

Taxes  for  school  purposes  may  be  levied  on  "  all  subjects  and 

objects  of  taxation".     (Mont.  XII  5.) 
Taxes  for  educational  purposes  other  than  for  common  schools 
must  be  submitted  to  voters,  provided  existing  tax  for  educa- 
tional purposes  and  for  endowment  and  maintenance  of  agri- 
cultural and  mechanical  college  shall  remain  until  changed  by 

law.     (Ky.  184.) 
State 

Legislature  may  levy  special  annual  school  tax  of  30  cents 
on  each  $100  of  taxable  property  in  state,  provided  total  levy 
shall  not  exceed  65  cents  on  each  $100.      (Ala.  XIV  260.) 

Legislature  to  provide  for  support  of  common  schools  by  tax- 
ation not  to  exceed  in  any  one  year  3  mills  on  the  dollar  of 
taxable  property.      (Ark.  XIV  3.) 

Legislature  may  authorize  special  state  school  tax  for  the  support 
Of  public,  secondary  and  technical  schools.     (Cal.  IX  6.) 

Special  tax  of  1  mill  on  all  taxable  property  in  state,  in  addi- 
tion to  other  means  provided,  to  be  levied  and  apportioned 
annually  for  free  schools.      (Fla.  XII  6.) 

Legislature  is  authorized  to  assess  special  tax  on  shows  and 
exhibitions  and  on  sale  of  spirituous  and  malt  liquors  to  go 
into  school  fund.      (Ga.  VIII  3.) 

Legislature  may  levy,  solely  for  support  of  public  schools,  tax 
on  inheritances,  legacies  and  donations.  (For  details.  See 
above,  this  title,  Objects  and  Kinds  of  Taxation  —  Inheri- 
tance Taxes.)      (La.  235.) 

Legislature  to  provide  by  taxation  to  supplement  school,  fund 
so  as  to  maintain  free  public  school  in  each  district  for  at 
least  three  months  each  year.      (Mont.  XI  6.) 

Legislature    to    provide    for    maintenance    of    public    schools    by 

taxation.      (Md.  VIII  1.) 

Legislature  to  provide  special  state  school  tax  in  addition  to 
other  means,  provided  for  support  of  university  and  common 
schools,  not  to  exceed  2  mills.     (Xev.  XI  6.) 


I.NDIX      Dl,,l-| 


TAXATION    (Cont 

School  Taxes   (Cont'd) 
State   (Cont'd) 

Legislature  to  Uncollect  and  add  I 

for  school  purposes.     |  \.M.  \|  |    , 
Legislature  to  provide  bj 

tion  to  income  from  school  fund. 
After   December   31,    1898,   legislatur, 
school   purposes  in  addition   to  poll 
sioners'  tax.     (sa\  \\  ,. 
Legislature  to  provide  bj 

An  ad   valorem  tax  not    to  <>> 1   ■_•. 

may  be  levied  so  that  with  th 
may  be  maintained  not  less  than 

Legislature   to    apply    an    annual    ia\    , 

more  than  5  mills  to  schools  of  primary    am] 

Legislature  may  impose  a  further  tax  of   1"  • 
of  assessed  value,  to  supporl   ol    public  fi 
but  after  January   1,   l'.liiT.   rate   foi    such  pui 
scribed  by  law.     (Va.  XIII   189 

Legislature  to  provide  such  school   i 

general   school   fund  will   maintain   eflicienl    - 

schools  S    I 

Local 

Counties  may  levy  and  collect   a   Bpecial   tax   n< 
cents  on  each  $100  of  taxable  pn»pertj    fo 
provided  three-fifths  of  qualified 
rate  of  special  tax  does  not  inci 
tax  to  more  than  $1.25  on  each  $100,  excludii 
county  taxes  enumerated.      (Ala.  M\ 

Legislature  may  authorize  school  districts  ah 
of  qualified  electors  of  district  tax  foi   school  pui 
exceed  7  mills  in  any  one  year,  provided  no  Buch  I 
priated  to  any   other   purpose   or   to   any   oth 
that  for  which  levied.     (Ark.  Xl\ 

Each  county  to  assess  and  collet  annually  tor  bu| 
schools  therein  a  tax  not   less  than  3  nor  m 
on  all  its  taxable  property.     (Fla    Ml   B. 

Legislature    may    authorize    counties,     milit 
districts  and  municipal  corporations  to   l< 
tenance  of  public  schools.     Tax  to  be  approvi 
vote  at  election  and   legislature 

Anv  parish,  municipal  corporation,  ward 
levy  a  special  tax  for  Bchools  and  9ch     :' 
constitutional  limitation,  when  tl 
of  years  during  which  it  is  to  be  lei 


1406  State  Constitutions 


TAXATION    (Cont'd) 

School  Taxes   (Cont'd 
Local  (Cont'd) 


to  vote  of  the  property  taxpayers  entitled  to  vote  under  laws 
of  the  state  and  majority  of  same  in  number  and  amount  vot- 
ing at  such  election  have  voted  therefor.      (La.  232.) 

Legislature  to  provide  that  each  parish  may  levy  a  tax  for 
public  schools  therein  not  to  exceed  the  entire  state  tax  pro- 
vided that  with  such  tax  total  parish  taxes  shall  not  exceed 
limits  fixed  by  constitution.      (La.  255.) 

City  of  New  Orleans  to  appropriate  not  less  than  eight-tenths 
of  one  mill  for  any  one  year  to  school  purposes.     (La.  255.) 

Police  juries  in  the  parishes  and  boards  of  trustees  and  munic- 
ipal councils  of  incorporated  cities  and  towns,  except  parish 
of  Orleans,  to  levy,  collect  and  pay  to  parish  school  boards 
proceeds  of  at  least  3  mills  of  the  annual  tax,  unless  parish 
school  boards  certify  that  needs  of  the  school  can  be  met 
with  smaller  levy.  This  does  not  apply  to  cities  that  spend 
an  equivalent  amount  under  their  charters  for  the  support 
of  free  public  schools  under  the  supervision  and  control  of 
the  state  board  of  education  and  independent  of  parochial 
school  authorities.      (La.  255.) 

Any  county,  or  separate  school  district  may  levy  additional  tax 
to   maintain   schools   longer   than   four   months.      (Miss.   VIII 

206.) 

Provision  to  be  made  for  local  school  taxes.      (N.M.  XII  4.) 

County  commissioners,  or  other  officers  hereafter  vested  with 
same  powers,  to  levy  annual  tax  of  3  mills  on  all  taxable 
property  in  county  for  school  purposes.  Any  school  district 
may,  by  authority   of  legislature,  levy   additional  school  tax. 

(S.C.  XI  6.) 

Legislature  to  authorize  school  corporation  to  levy  additional 
taxes  for  school  purposes.      (S.D.  VIII   15.) 

Legislature  may  pass  laws  for  assessment  and  collection  of  taxes 
in  school  districts,  and  also  may  authorize  additional  ad 
valorem  tax  to  be  levied  and  collected  within  school  districts 
for  the  maintenance  of  schools  or  erection  of  school  buildings 
therein,  provided  extra  tax  does  not  exceed  50  cents  on  $100 
valuation,  and  the  assent  of  a  majority  of  qualified  property 
tax-paying  voters  is  given  at  an  election  held  for  that  purpose. 
Limitation  on  amount  of  school  district  tax  does  not  apply 
to  incorporated  cities  or  towns  constituting  separate  and 
independent  school  districts.      (Tex.  VTI  3.) 

Each  school  district  and  each  county,  city  or  town  if  a  separate 
school  district  may  raise  additional  tax  on  property  not  to 
exceed  5  mills  in  any  year  for  school  purposes.  County 
boards  of  supervisors  and  city  and  town  councils  to  provide 
for  levy  and  collection  of  such  taxes.      (Va.  IX  136.) 


l.M»! 


TAXATION    (Cont'd) 

School  Taxes  (Cont'd) 
Local    (Cont'd) 

Legislature  to  provide  foi 
authority    of    peopli 
for  free  schools  as  law 
reported  to  county  court. 
Each  inw  n  and  citj   to  rai 
common  schoolta  nol   :.       than  hall 
school  Fund.     (Wis.  K  4.) 

ASSESSMENT 

In  General 

See  also  abovj  ,   this   tith  .  <  »BJ]  ■  i  ■ 

- 
All   property  not  exempted   b]  tution    I 

Assessment  to  be  "  according  I"  its  true  valu 

Assessment  of  real  and  personal  prop 

true  value  in   money.      (N.C.   \    3.) 
All  taxes  levied  on  property   in 

proportion"  to  its  value.     (Ala.  XI  211.) 
All  lands  and  other  propertj  not  rendered  foi 

shall  be  assessed  at  their  value  bj   propel   offl  ^111 

Lands  held  in  large  tracts  no!  to  '■- 

acre  than   land-  of  same  character  or  qualit 
situated,  held  in  smaller  tracj  ML  VIII 

All  assessments  hereafter  authorized  to  l>e  on  ] 
• 

To  be  at  "  fair~cash  value,  estimated  at 
at  a  fair  voluntarj   sale".     (Ky.  172;  i 

Not  to  exceed  actual  cash  value        I 

"The  value  of   each   subjeci    of   taxation    -I 
money   that   every  person   and 
,,,  portion   to  the  value  of  his,  her  oi    il 

-  All  taxes  upon  property,  real  and  , 
the  actual  value  of  the  propert 
ascertained  bv  an 

To    include    value   of    land    and    val 

ments.    This  to  apply  to  all 
county,    hundred,    school,    uuv. 


To  include  rental  value  ,i  las 
and  improvements  thereon,      rhi 
for  taxation   for   state   county,   I 
other  public  purpose      (Del.  Vlll  7 


1408  State  Constitutions 


TAXATION    (Cont'd) 
Assessment  [Cont'd) 
In  General   [Cont'd) 

Value  of  taxable  property  to  be  ascertained  as  provided  by  law 
or  by  constitution.  (Cal.  XIII  1;  Tenn.  II  28;  Tex.  VIII  1: 
Utah  XIII  2;  Wash.  VII  1;  W.Va.  X  1.)  * 

Value  of  taxable  property  to  be  ascertained  in  manner  directed 
by  legislature.      (Ark.  XVI  5;   Xebr.  IX   1.) 

Manner,  method  and  mode  of  assessing  in  the  state  to  be  such 
as  prescribed  by  law.      (Ariz.  IX   11.) 

All  property  to  be  assessed  in  manner  prescribed  by  law,  except 
as  otherwise  provided  by  constitution.      (Cal.  XIII  10;   Mont. 

XII   16.) 

"  Property  shall  be  assessed  for  taxes  under  general  laws  and 
by   uniform   rules,   according   to   its   true   value."      (Miss.   IV 

112.) 

Except  as  provided  in  the  constitution  all  assessment  of  real 
estate  and  tangible  property  to  be  at  their  fair  market  value 
to  be  ascertained  as  prescribed  by  law.     (Va.  XIII  169.) 

Legislature  to  prescribe  in  general  laws  regulations  to  secure 
just  valuation  for  taxation  of  all  property,  real  and  personal. 
(Colo.  X  3;   Ida.  VII  5;  Wyo.  XV  11.) 

After  filing  charter  framed  under  provisions  of  this  article  city 
or  town  may  provide  and  legislate  for  assessment  for  munici- 
pal taxation  by  municipal  officials  or  by  county  or  state 
officials  as  provided  in  charter.      (Colo.  XX  6.) 

All  coal  lands  from  which  coal  is  not  being  mined  "  shall  be 
listed  for  assessment,  valued  for  taxation  and  assessed  accord- 
ing to  value".    (Wyo.  XV  2.) 

Legislature  to  prescribe  such  regulations  as  shall  secure  just 
valuation  of  all  property,  real  and  personal,  except  exempt. 
(Ind.  X  1;   Fla.  IX  1;   Ore.  IX   1.) 

Legislature   to   prescribe   such   regulations   as   shall   secure  just 
valuation   for   taxation   of   all   property    except   that    specially 
x  provided  for  in  constitution.      (Mont.  XII   1.) 

Legislature  to  prescribe  regulations  to  secure  just  valuation  for 
taxation  of  all  property,  real,  personal  and  possessory,  except 
mines  and  mining  claims  and  except  property  exempt  by  law. 

(Nev.*  X  1;  S.C.  X  1.) 

Legislature  to  provide  a  uniform  and  equal  rate  of  assessment 
according  to  the  value  in  money  of  all  property  and  shall 
prescribe  by  general  law  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  property  so  that  every 
person  and  corporation  shall  pay  a  tax  in  proportion  to  the 
value   of    his,   her    or   its    property.      (Utah   XIII    3;    Wash. 

VII  2.) 

Legislature  to  provide  for  assessment  of  all  property  for  taxa- 
tion.    (S.C.  X  13.) 

Assessment  to  be  under  general  laws.      (N.J.  IV  7,  12.) 

Local  or  special  legislation  for,  forbidden.  (Ariz.  IV  9,  19; 
Ida.  Ill  19;  Mont.  V  26;  N.M.  IV  24;  Wyo.  Ill  27.) 


I     i       hi<. 


TAXATION    (Cont'd) 

Assessment   (Cont'd) 
In  General   (ConV 

Special    ot    private    legislal 

XI).    II    60;    1  .:,!,    \ 
Local   or   special    legislation 

township  or  road  purposes  prohibil 
22;   Nev.   IV  20;  Ore.   l\ 
Local  of  special  legislation  extending 

IV   53;   Tex.   Ill   56;    Va.    l\    ■ 
Special  or  local   legislation 

Special,  private  or   local 

bidden,   except    in  on    witl 

extension  of  municipal  indebtedm 

Hon,  18' 

Local,   special   or   private    legislation 

except    as  to   animals    which    legislature  ■: 
farming  interests.      (Va,    i\    • 

Failure  to  assess  no!    to  defeal    subsequent 
collection   of   taxes    for   anj    preceding   yi 
property  shall  have  passed   to  boi 
without  notice  in  which  case  the  prop< 
taxation   against   such   purchaser   from  dal 

Assessment   for  municipal   purposes  to  I"-  m 
incorporated    town    upon    property    within    it- 

Valuation  of  property    Eor  state  taxation  to  be  I  i 

valuation  for  purposes  of  l"<-.il  taxation 

State,  county,  township,  mIi.mi],  municipal  an 
be  levied  on  same  assessment,  which   shall   Ix 

Valuation  of  property   for  city,  town  and 
not  to  excei  'I  valuat  ion  of  same  pi 

pin  | 

Valuation  of   propertj    for  city,   town   and    - 
exceed  valuation  of  same  prop 

Assessment  of  real  and   personal   propertj 
fox   purposes   of  municipal   taxation   I 
state  taxi  -  whenever  there  i- 

Assessors 

Special    or    local    legislation    extendi] 
relieving  any  assessor  from  '!"■ 
his  sureties   from   liability    forbidden. 

45 


1410  State  Constitutions 


TAXATION    (Cont'd) 

Assessment   (Cont'd) 
Assessors   (Cont'd) 

No  law  or  ordinance  to  be  passed  by  any  political  corporation 
extending  time  for  or  relieving  any  assessor  from  due  per- 
formance of  his  duties  or  his  sureties  from  liability.  (La.  48.) 
Wilful  error  in  performance  of  duty  to  be  malfeasance  and  on 
conviction  shall  forfeit  office  and  be  otherwise  punished  as 
provided  by  law.  ,  (Ky.  172;  Okla.  X  8.) 
Legislature  to  authorize  county  commissioners  where  deemed 
necessary  for  assessment  purposes  to  divide  counties  into 
"  taxation    districts "    and    to    appoint    in    each    an    assistant 

assessor.      (Fla.  VIII  7.) 
To  be  elected  or  appointed  as  legislature  directs.      (111.  IX   1.) 
Assessment  of  taxable  property  to  be  made  by  township  board  of 
trustees  and  returned  to  county  commissioners  for  revision  as 
provided  by  law;   "but  legislature  may  modify  or  abrogate". 

(X.C.  VII  6,  14.) 
When  Made 

In  order  that  assessments  of  "  polls  and  estates  "  may  be  made 

with  equality  new  valuation  of  estates  to  be  "  taken  "  once  in 

every   10  years   at   least   and   as   much   oftener   as   legislature 

orders.      (Mass.    Pt.    II   Ch.    II    Sec.    IV.) 

"  General  valuation  shall  be  taken  at  least  once  in   10  years  ". 

(Me.    IX    7.) 
"  Estates  "   to   be   valued    at    least   once   every   5    years    and   as 

much  oftener  as  legislature  shall  order.  (X.H.  II  6.) 
Legislature  to  provide  from  time  to  time  for  new  valuation  for 
assessment  of  taxes  in  such  manner  as  they  deem  best.  Xew 
assessment  ("estimate")  of  valuation  of  property  for  taxes 
required  to  be  taken  before  first  direct  state  tax  after 
adoption  of  constitution.  (R.I.  IV  15.) 
Legislature  to  provide  for  reassessment  of  real  estate  in  1905 
and  every  fifth   year,   except   property   of   railway   and   canal 

corporations.      (Va.   XIII   171.) 
Returns  by  Property  Owners 

Legislature  to  require  by  law  each  taxpayer  to  deliver  to  county 
assessor  annual  statement  under  oath  specifically  setting  forth 
all  real  and  personal  property  owned  by  him  or  in  his  posses- 
sion or  under  his  control  at  twelve  o'clock  noon  first  Monday 

March.  (Cal.  XIII  S.) 
All  persons  or  classes  of  persons  who  by  laws  in  force  January 
1.  1911.  were  required  to  make  returns  for  state  taxes  to 
comptroller-general  and  all  persons  thereafter  so  required, 
shall  on  or  before  March  1st,  annually,  make  such  returns 
as  of  January  1st.  Laws  in  force  January  1.  1911,  governing 
such  returns  to  remain  in  force  as  applicable  to  returns 
herein  required  until  changed  by  law.  Legislature  may  make 
all  necessary  laws  to  enforce  this  provision.      (Ga.   VII   Sec. 

II  6.) 


I  M  >  i  \     DlGESl 

TAXATION    (Cont'd) 
Assessment  |  Cont'd) 

Returns  by  Property  Ownei 

Bach  railwaj  or  canal  i  ..i ,,,,,  ., 

1st  make  to  the  state  • 
bj   law  in  Eoree  Januarj    I.  19a 
lie  works  bj   everj    railroad   and 
from   taxation    bj    virtue  ol    I 
show  propertj  taxable  in  this 
tion   on   June   30th    precedu  ■         .  , 
Dmy  of  owner  of  land  to  bav< 
which   it   or  pan   of   il    it 
charged  with  taxes  thereon  and  p 
Classification 

Nothing  in  constitution  to  be 

different   classes  ol    propertj    bj    d 

Initiative  and  referendum  not  to  tx 

any  classification  of  propertj  for  thi-  purj 

enl  rates  of  taxes  thereon.       I  'In..  1 1 
Legislature    may   provide    for   cla 

reference  to  their  value  in  tl  ill 

■ 

Deductions 

Any  depreciati ccasioned  bj    a  puhlii 

real  estate  may  be  deducted   ii 

Except  in  case  of  credit  Becured  bj  mi 
lature  may  provide  for  deducti 

boilil    fide    resident-    of    Mat..         I    il.    Mil 

Legislature    may    authorize    deduction    ol 

(This  appear-  as  exception  from  provision 

ity  and  taxation  at  value.)      (1  tal    Mil 
Situs 

All  propertj  excepl  as  otherwise  provided 

be   assessed    in    the   county,   city,   citj    and 

township  or  district  in  which  situal  Kill   ! 

1'crsonal  property  shall  be  taxed  i 

reside  greater  pari    of  yeai    for   whii  I    I 

elsewhere",  except  thai 

shall  be  taxed   in  citj    or  countj    in 

ture  may   provide   thai    n 

and  debts  Becured  thereby,  sh  tl! 

where  property   is  Bituated       -  S(d    I ' 
All  taxable  propertj   other  th 

graph,  telephone  and  oth< 

in  the  county,  city,  township,  vil 

uated   in   manner   pn 
••All   corporations    or    persons    in    I 

herein    sliall    be    Bill 


1412  State   Constitutions 


TAXATION    [Cont'd) 
Assessment  {('out''/ 1 
Situs    (Cont'd) 

municipal  or  other  purpose-!  on  the  real  and  personal  property 
owned  or  used  by  them  within  the  territorial  limits  of  the 
authority  levying  the  tax."  (Utah  XIII  10.) 
All  property,  whether  owned  by  persons  or  corporations  shall 
be  assessed  in  county  where  situated.  All  property  subject  to 
taxation  in  and  owned  by  residents  of  unorganized  counties 
shall  be  assessed  in  the  counties  to  which  such  unorganized 
counties  shall  he  attached  for  judicial  purposes;  and  lands 
lying  in  and  owned  by  non-residents  of  Unorganized  counties 
and  lands  lying  in  territory  not  laid  off  into  counties  shall  be 
as>es>ed  at  office  of  state  comptroller.     (Tex.  VIII  11.  12.) 

Appeals 

Taxpayers  to  have  right  of  testing  correctness  of  assessment 
before  courts  of   justice.      (La.  225.) 

Any  railroad  or  canal  corporation  aggrieved  by  assessment  may 
within  30  days  apply  for  relief  to  circuit  court  of  city  of 
Richmond'.  Verified  notice  shall  be  served  on  state  corporation 
commission  and  on  attorney-general  whose  duty  it  shall  he  to 
represent  state.  The  court  may  reduce  or  increase  assessment, 
and  unless  applicant  paid  taxes  under  protest  when  due.  court 
after  disallowing  application  shall  give  judgment  fdr  interest 
at  rate  of  1  per  cent,  per  month.  If  application  be  allowed 
appropriate  relief  shall  be  rendered,  including  right  to  recover 
any  excess  paid  to  the  state  or  local  authorities,  the  judgment 
to  be  enforceable  by  mandamus  or  other  process.  Subject  to 
provisions  of  Article  VI  supreme  court  of  appeals  may  allow 
writ   of  error.      (Va.   XIII    180.) 

Courts  not  to  relieve  person  or  corporation  from  payment  of 
illegal  tax  or  tax  illegally  or  irregularh  assessed  until  such 
person  pays  legal   portion  of  his  taxes,      i  Fla.  IX  S.) 

Equalization 
In  General 

Manner,    method,    and    mode    of    equalizing    in    state    to    be 

such  as  prescribed  by  law.      (Ariz.  IX  11.)' 
Legislature  to  provide  for  equalizing  the  value  of  all  prop- 
erty subject  to  or  rendered  for  taxation    (county  commis- 
sioners' court  to  constitute  board  of  equalization).      (Tex. 

VIII   IS.) 

Stair 

State  board  of  equalization  to  "equalize  the  valuation  of 
the  taxable  property  in  the  several  counties  of  the  state 
for  the  purpose  of  taxation".  State  board  may  under  such 
rule-  and  notice  as  it  prescribes  increase  or  I'ower  entire 
assessment-roll  or  any  assessment  therein  "  so  as  to 
equalize  the  assessments  of  the  property  contained  in  said 
assessment-roll  and  make  the  assessment  conform  to  the 
true  valuation  in  money  of  the  property  contained  in  said 


Lndjex  Digksi  i  i  i  j 


TAXATION    [Cont'd) 

^.SS]  8SMENT    [Cont'd] 

Equalization   [Cont'd) 
State  [Cont'd) 

mil".   l„i!    m.n    ,,,,, 
deed    of    trust,    ,,,„t,.,. 

debl  ia  secured,  oi  monej  oi   »olveiii  .  r< 
provides  in  detail  foi  ele<  tioi 

State  board   of  equalization 
auditor,  state  treasun 
general  i   to  adjust,  equalit 
ileal  and  personal   prop*  rtj    ol   thi 
valuation  of  anj  item  oi   iten 
property  :  board  to  equalize  "  to  the  < 
propertj    in   the  Btate  Bhall   bi 
value  '"  and  to   perform  other  dut 
state  board  to  have  no  power  "i  lo<  .il  .1- 
tions  by   countj    boards   of  equalization   I 
revision,  change  and  amendment   b)   Btab 

.State  board  oi'  equalization    (consisting 
tary  of   state,   attorney  general,   si 
treasurer)    to   perform   duties   pi  • 

In  li»l  1  and  everj   fifth  yeai   then 
directed  by  ii  Legislature  maj  provide  bj 
ization   of  assessments   bj    a   -1  >'•■   bi 
property  "   excepl    Bp<  cine   I  axes   and 
and  property  engaged  in  railn 

busi 

State  board   of  equalization 
auditor,  state  treasurer,  secrel 
general)    to   adjusl    and   equalize 
personal    property    among    several    countii 
^ih-Ii   other   duties   as    prescribed    bj    law. 

State  board  of  equalization  bo  adjust  and  equalin 
tion   of   the   real   and   personal    1 
counties  of  the  Btate  and   | 
prescribed  by  Law.     (Okia.  X  81  .  tl 

Legislature  to  provide  bj  law  foi 
tion  to  equalize  valuation  of  all  jn ■ 
counties   for   the   Btate   revenue   and    1 
duties  as  prescribed  bj   law.     (Wyo    w 

Local 

Boards  of  Bupen  isora    a  ea 

equalization  and  to  equalia   valval 

therein  for  pui  pose  ol  taxal  ion 
rules  and   noti<  pre»  1  ib 


1414  State  Cosfsrmrac    - 


TAXATION      ' 

Assessment     Cont'd 
Equalization     ' 
Local     Cont'd 

asse-sment-roll  or  an;>       -     -ment  therein  "  -     is  i      ■  .  ial- 
ize    the    assessments    of    the   property    contained    in    .--aid 

as-e^sment-roll  and  make  the    i -m^nt  conform  to  the 

true    valuation    in   money    of   the    property   contained    in 
-aid  roll  ".  but  may  not  raise  any  mortgage.    .  I  trust. 

contract  or  other  obligation  by  which  a  debt  is  secur 
or  money  or  solvent  credit  above  face  value.  (CaL  XIII  B 
County  commissioner-  to  constitute  county  board  of  equaliza- 
tion and  to  adjust,  equalize.  raise  or  lower  valuation  of 
real  and  personal  property  within  county,  subject  to 
revision,  r-hange  and  amendment  by  state  board  of  equaliza- 
tion.     Board   to    equalize   "  to   the   end   that    all    taxable 

property   in   the   state    -hall   be    I ••  I     if       -    full    c    - 

value  "   and  to   perform   other  duties   prescribed   by   I 

1     lo.  X  la 
imissionerg  1         nstitutc  ;'ial- 

ization   for  county  and  to  equalize  valuat: 
property  in  county  under  rules  and  regulat: 

by  law.  [   12. 

rd  of  county  commissioners  to  constitute      unty 
equalization:  board  to  adjust  and#equaliz- 
taxable  property  within  county,  and  per:  ties 

prescribed  by  law.     (Mont.  XII   \~ 
County  board  of  equalization  to  "adjust   and  the 

valuation  of  the  real  and  personal  pro]  thin  tl 

respective  counties  "'  and  perform  other  dul 
by  law.        Utah   XIII    11. 
Corporate   Property 

Legislature  to  provide  by  general  law  for  assessment  of  corporate 

property  by  ••  as  near  as  may  be  by  the  same  methods  as  are 

•vided  *'  for      ;ng  "individual  property".      SJ>.    XI   2: 

-  .  -.".: 

There  shall  be  a  state  b     ::      :'   appraisers   to   as, property 

employed   in   railway,   telegraph,   telephone,    sleeping   car   and 
.  •---  business  throughout  state,  to  be  composed  of  auditor 
and  one  member  from  each  congressional 
five  specified  state  officers  foi  *.-rm  of  four  years  and  at  c    i 
pensation  to  be  fixed  by  legislature,      t  La.   __■ 

ovide  for  assessment  "  at  its  true  oa-h  value  " 
by  state  board  or"  asess  -  of  all  property  of  corporati  as, 
and  of  property  ••  by  "whomsoever  owned,  operated  or  con- 
ducted, engaged  in  the  business  of  transporting  passengers 
and  freight,  transporting  property  by  express,  operating  any 
union  station  or  depot,  transmitting  messages  by  telephone 
or  telegraph  "  or  loaning,  running  or  operating  cars  in  any 
manner  upon  railroads  or  engaged  in  any  other  public  service 
or  bu-ir.  --.        Mich.  X  o. 


I.\I>KX     Dl( 


TAXATION    [Cont'd) 
Assessment     i 

Corporate  Property  [ConV 

Legislature-  may   provide  special   mode  ■■ 
ment  for  railroads  and  railroad  and 
or   for   particular   species   of   property   h. 

•porationa    or    associal 
county.     But   all  such  propertj    shall  be 

-In  assessing  For  taxation  the  prop 
porationa  having  charters  for  a  longer  p.,,,,.!  ,i 
the  increased   value  of   Buch  prop, 
from    such    longer   duration    of   their 
sidered  .and  a--  --  Mias.  VI 1    17- 

Franrhi-e.  roadway,  roadhed,  rail-  an, I  r.-llii,,- 
operated  in  more  than  one  count}    in 

>tate  board  Of  equalization  and  apporti I  ■ 

ms,  township*  and  school  districts  in  \\hi- 
are  located  in  proportion  to  number  of  mild 
in  such  countie-.  <-vu-<_  towns,  townships  and 

*"  The  ..  including  franchie 

panies.  freisht  line  companies,  dining 

car    companies,    car    equipment    comp 

companies,  telegraph  or  telephone  con 

state  and  used  directly  or  indirectly  in  carryii 

erty  or  me--   ges,  \  -     - 

in  a  manner  prescribed  "  by  - 

may   be   pr->vided    by    law".     Any    portion 

.pany  all'"-  I  I  fur  any  pn 

tion  of  railway  shall,  wh: 

ird  of  equalization  a.-  other  railroad  pi 
ner  provided  for  assessmeni  of  oilier  real   pi  !• 

State  equalization 

-^■ration   property.      i«»kla.    \    - 
Stai<  -ration   commission   may  ! 

property  tpprai-— 

chi-   -  txation :  rati->n 

All  pr  f  railroad  companies  *hall  \*  a.***. •- 

eral  counties  in  which  proper 

roadbed  and  fixtur  - 
ma- 
company    i~    located,    and    county    tax 
apportioned  by 

which  road  passes  ac  tax  a»- 

-ance  road  run* 
SM  -:e  eorp 

required  of  the  board  of  p 
1.  1902 


1-116  State  Constitutions 


TAXATION    (Cont'd) 

Assessment   ( Cont'd j 

Corporate  Property   [Cont'd] 

other  personal  property  (except  its  franchise  and  non-taxable 
shares  of  stock  issued  by  other  corporations)  in  the  state  of 
each  railway  corporation  liable  for  taxation  upon  such  prop- 
erty; canal  bed.  and  other  real  estate,  boats  and  other  personal 
property  (except  its  franchise  and  non-taxable  shares  of  stock 
issued  by  other  corporations)  in  this  state  of  each  canal  cor- 
poration; and  such  property  shall  be  taxed  for  state,  county, 
city,  town,  district  purposes,  in  manner  authorized  by  said 
law,  at  such  rates  as  are  imposed  upon  real  and  personal 
property  of  natural  persons,  provided  no  tax  shall  be  laid  upon 
net  income  of  such  corporations.  State  corporation  commis- 
sion after  receiving  report  required  to  be  made  by  the  corpora- 
tion and  after  30  days*  notice,  as  provided  by  said  law.  shall 
assess  the  property  and  ascertain  amount  of  state  taxes 
chargeable  against  it.  All  taxes  shall  be  paid  by  December 
1st  following,  and  until  paid  shall  be  a  lien  upon  the  property 
of  the  corporation  within  this  state  and  take  precedence  over 
other  liens  and  incumbrances.  After  January  1,  1913,  prop- 
erty of  railway  and  canal  corporations  may  be  assessed  as 
legislature  provides.  (Va.  XIII  171,  176,  179.) 
Duty  of  the  state  board  of  equalization  "  to  assess  at  their  actual 
value  the  franchises,  roadway,  roadbed,  rails  and  rolling  stock 
and  all  other  property  used  in  the  operation  of  all  railroads 
and  other  common  carriers,  except  machine  shops,  rolling  mills 
and  hotels  in  this  state;  such  assessed  valuation  shall  be  ap- 
portioned to  the  counties  in  which  said  roads  and  common 
carriers  are  located  as  a  basis  for  taxation  of  such  property; 
provided  that  the  assessment  so  made  shall  not  apply  to  in- 
corporated towns  and  cities".     (Wj'O.  XV  10.) 

Improved  and  Cultivated  Land 

Land    and    improvements    thereon    to    be    separately    assessed. 

(Cal.  XIII  2;  Wyo.  XV  1.) 

Cultivated  and  uncultivated  lands  of  same  quality  similarly  situ- 
ated to  be  assessed  at  same  value.     (Cal.  XIII  2.) 

Legislature  may  provide  that  increase  in  value  of'  private  lands 
caused  by  planting  hedges,  orchards  and  forests  shall  not  for 
limited  time  to  be  fixed  by  law  be  taken  into  accotmt  in 
assessing  such  lands  for  taxation.      (Colo.  XVIII  7.) 

"  Legislature  may  provide  that  the  increased  value  of  lands  by 
reason  of  live  fences,  fruit  and  forest  trees  grown  and  culti- 
vated thereon  shall  not  be  taken  into  account  in  the  assess- 
ment thereof."      (Xebr.    IX   2.) 

Improvements  to  be  assessed  as  in  case  of  other  property  but 
plowing  not  to  be  considered  improvement  or  add  to  value  of 
land  for  purpose  of  assessment.      (X.D.  XI  177.) 

Plowing  of  land  not  be  considered  as  adding  value  tlit-roto  for 
purpose  of  taxation.      (X.M.  VIII  6.) 


1  N  i  ' !   \      I  I 

TAXATION    [Cont'd) 

AsSKSSMKm       ' 
Live  Stock 

state  hoard  of  equalisation  U 
--  as  uml  of  live  stock  and  to 
of  equalization  of  th< 
the  day  fixed  for  beginnii 
Mines 

Legislature  to  provide  i  i   and 

1  and  other  miner*]  land,  but  until 
i-  made,  sueh  land  b 

Public  Property 

Lands  and  improvements  not  exempt  whi 
of  bul   arc  the  property   of  count; 
ipal  corporation,  to  be  assessed  bj   Li> 
in  which  situated  subject  to  review,  equal 
ment  by  state  '.maid  of  equalisation,     (Cal.  MP 
Public   Utilities.    S 

Railroads,   S  ice,   f/iis  sulnlii  irate    I' 

Sectionized  Lands 

Travis   containing  more   than   640  a 

Mates  to  be  assessed  bj    sections  or  fractions  thi 

Ml 
Unsectionized  Lands 

Legislature  t<>  provide  by  law  foi  -  nent   in  Mnall  ti 

lauds  not  sectionized  bj   L'nited  States        l    il    Mil 
Collection    ami    Payment 
In  General 

To  be  under  general   laws        <  \         Del  VIII  VII 

Sec.  II  1;   Ida.  VII  5j   Ky.  171;   Mo,   X 
X  14;   Pa.  IX  1;  Tex.  YIP  3;  \  a.  MP   168 
Local  or  special  legislation  for,  forbidden.        \         I 

111    19;    Mont.  V  26;   N-M.   1\    24;    S  D    11   69;    W  \       III 
Private  or  special  legislation  prohibited.     (1  tab  \l 
Local  or  special  legislation  extending  time  for,  forbid 

111    19;    La  48;    Md.   Ill   33;    Mo.   IV  53;    Monl     \    -'•'     S  M. 
I\"  24;  Okla.  V  46;  Tex.  IP  56;  \  a.  I\    63;  Wyo    III 
Special  or  private  legislation  for  oj  for  extending  tin 

tion,   forbidden.      (Cal.    IV   25;    \ :.!».   II    I 

\\   -    i\ 

speeial  or  local  legislation  "  t..  mrth< 

bid* 

Local   or  special   legislation    for   collection   ol 

county,  township  or  road  purp  rbidden  i   III 

Ind.  T\"  22;   Ore.   IV  2 
special,   private,   or   local    legislation 

bidden,   except    in   connection   with   readjustn 

extension   of  municipal   indebted™ 

tution,  is:  .IV  104.) 


1418  State  Constitutions 


TAXATION    (Cont'd) 

Collection  and  Payment   (Cont'd) 
In  General   (Cont'd) 

Local,  special  or  private  legislation  for  collection  forbidden, 
except  as  to  animals  which  legislature  deems  dangerous  to 
farming  interests.  (Va.  IV  63.) 
Tax  to  be  designated  by  year  in  which  collectible,  and  tax  on 
movable  property  to  be  collected  in  year  in  which  assessment 
is  made.  (La.  234.) 
All  provisions  of  constitution  relating  to  collection  of  state  taxes 
to  apply  to  collection  of  parish,  district,  municipal,  board  and 
ward  taxes.      (La.  243.) 

State  Taxes 

To  be  paid  into  state  treasury.      (Ida.  VII  7;  III.  IX  7;   Mont. 

XII  10.) 
To  be  paid   into   state   treasury   in  money  only.      (Ariz.   IX   3; 

Wash.  VII  6. ) 
To  be  paid  into  state  treasury;    legislature  to  provide  for  en- 
forcing.    (S.D.  XI  9.) 
Comptroller  to  superintend   and  enforce  promptly  collection  of. 

(Md.  VI  2.) 
All  taxes   and   other  state   revenue  to  be  collected  by   "  proper 

officers  and  paid  into  the  state  treasury".  (Va.  XIII  186.) 
Persons  required  by  laws  in  force  January  1,  1911,  or  laws 
thereafter  passed  to  make  returns  for  taxes  to  comptroller- 
general,  to  pay  taxes  arising  on  such  returns  in  favor  of  the 
state  on  or  before  September  1st  of  same  year  notwithstanding 
anything  contained  in  constitution  or  laws  previous  to  this 
amendment.  Laws  in  force  applicable  to  collection  such  pay- 
ments to  remain  in  force  until  changed  by  law.  Legislature 
to  make  all  necessary  laws  to  enforce  this  provision.      (Ga. 

VII  Sec.  II  6.) 

Local  Taxes 

Taxes  for  subdivisions  of  state  to  be  collected  by  respective  fiscal 

authorities.      (S.C.  X  13.) 
After  riling  charter  framed  under  provisions  of  this  article  city 

or  town  may  provide  and  legislate  for  collection  of  municipal 

taxes  by  municipal  officials  or  by  county  or  state  officials  as 

provided  in  charter.     (Colo.  XX  6.) 

Collectors,  See  Counties  —  County  Collector. 

Accounting  for  Taxes  Collected 

For  punishment   for  use  or  making   profit   out   of,   See  Public 

Officers. 

For  disqualification  of  defaulting  collectors  to  hold  office,  See 
-  Legislature  —  Qualifications  of  Members  ";  and  "  Public 
Officers  —  Qualifications    and   Disqualifications  ". 

Comptroller  to  adjust  and  settle  on  terms  prescribed  by  law  with 
delinquent  collectors  and  receivers  of  state  taxes.     (Md.  VI  2.) 

Governor  to  suspend  tax  collectors  for  alleged  default  pending 
investigation  of  their  accounts,  and  make  temporary  appoint- 


I  Nhl   \      I  )|,. 


-  I 


TAXATION    [Cont'd) 

I  OLLECTION    Wli    I'wmi.  m       |  ,/, 

Acounting  for  Taxes  Collected     - 
incut  during  investigat ion      i  i 
'"•in   "i   this   pro>  hrion,     i  \l.--.   \ 
Legislature   to   require 
taxes,  to  be  accounted  foi   In 
be  "  uniform  for  pach  pi  i- 
shall   be  prescribed   tmd  audited   bj    i 

Method  of 

County,  town   and  citj    taxes  lo  be  | 

ifii. -y  of  United  States  rdei 

towns  and  cities  respectively,      |  \ik.   Wl 
Legislature  may   provide  bj    law 

propertj   bj   instalments,     1 1  al.  \  1 1 1 
City  and   town  taxes  for  current   exp 

occupation    taxes    levied    to    bi 

Taxes  on  railroad  property  to  !»•  rolleeted  in 
which  property  is  situated        i .  \    \  1 1 1  8 

Taxes  on   property   shall    be    paid    in   count] 
legislature  may  1>\   two-thirds  \ . >t <    autl 
of  non-residents  of  enmities  to  be  madi 
of  public  accounts.    Taxes  on  prop* 
residents  of  unorganized  counties  shall  be  paid  in  il" 
to    which    such    unorganized    counl 
judicial  purposes.    Taxes  on  lands  lying 
residents  of  unorganized  counties  and  laj 
not   laid  off  into  counties  shall   be  collect 

mptroller.     (Tea    \  III  II 
Remission  or  Postponement 

Local  or  special  legislation   r<  l< 

Local   or   special   legislation   remitting 

1\' 

Taxes  of  indigent   poor  ma>    be  remit! 

and  in  such  manner  a-  provided  by  law 
Legislature  not    to   postpone   paymenl 

overflow,  general  conflagration 

other  public  calamitj  .     (Ls 
Statute  of  Limitations 

Tax  liens  and  privileges  Eoi    taxes  I 

December  31  of  year  in  which  ' 
Not  to  run  againsl   anj    claim  i  I 

pro;  .  rtj 

Sale  for  Non-Payment 
J n  (!(  m  ral 

No    proper!  v    to   b<    exem]  I 

taxes,     i  Kan.  XV  fl;  Kei    H     '     «  ' 

■ 


1420  State  Constitutions 


TAXATION    (Cont'd) 

Collection  and  Payment   (Cont'd) 
Sale  for  Non-Payment    (Cont'd) 
In  General   (Cont'd) 

No  property  to  be  exempt  from  sale  for  non-payment  of 
taxes  or  assessments.      (Fla.  X   1.) 

No   property   to   be   exempt   from   attachment,   levy   or   sale 

for  taxes.     (S.C.  Ill  28.) 

Sale  for  non-payment  excepted  from  homestead  exemption 
provisions.  (Ga.  IX  Sec.  II  1;  X.C.  X  2;  Okla.  XII  2; 
Tenn.  XI  11;  Tex.  XVI  50.) 

Exemption  from  sale  for  non-payment  not  to  extend  to 
execution,  order  or  process  issued  for  lawful  claim  for 
taxes,  levies  or  assessments  accruing  after  June   1,   1896. 

(Va.  XIV  190-4.) 

Legislature  to   provide  by  law  for  sale  "  of  delinquent  tax 

lands".    (Miss.  IV  79.) 

Legislature  to  make  provision  for  sale  of  all  lands  and  other 
propertv    upon   which    taxes   have   not   been   paid.      (Tex. 

VIII  13.) 

Pveal  estate  not  to  be  sold  for  unpaid  taxes  or  special  assess- 
ment for  state,  county,  municipal  or  other  purposes  except 
by  a  general  county  officer  having  authority  to  receive  state 
and  county  taxes  and  upon  the  order  of  judgment  of  some 
court  of  record;  legislature  to  provide  for  a  return  to  such 
officer  of  unpaid  taxes  or  assessments.      (111.  IX  4.) 

To  be  no  forfeiture  of  property  for  non-payment  of  state, 
levee  district,  parochial  or  municipal  taxes,  but  at  ex- 
piration of  year  for  which  due,  collector  shall,  without 
suit,  and  after  notice  as  provided  by  law,  advertise  for 
sale  in  official  journal  or  if  none,  as  provided  by  law  for 
sheriffs'  sales,  the  property  on  which  taxes  are  due,  in 
manner  as  prescribed  for  judicial  sales  and  on  day  of  sale 
he  shall  sell  such  portion  of  property  as  debtor  points  out, 
or  if  debtor  does  not  point  out  sufficient  property,  he  shall 
sell  least  quantity  which  any  bidder  will  buy  for  amount 
of  taxes,  interest  and  costs.  Sales  to  be  without  appraise- 
ment. Taxes  on  movables  to  be  collected  by  seizure  and 
sale  of  movable  property  whether  it  be  property  assessed 
or  not,  sale  to  be  at  public  auction  and  under  certain  pre- 
scribed conditions,  and  to  be  absolute  and  without  re- 
demption. If  collector  can  find  no  corporeal  movables  he 
may  levy  on  incorporeal  rights,  or  he  may  proceed  in 
court  to  compel  delivery  for  sale  of  property  in  possession 
or  under  control  of  debtor.     (La.  233.) 

All  provisions  of  constitution  relating  to  tax  sales  to  apply 
to  collection  of  parish,  district,  municipal,  board  and  ward 

taxes.      (La.  243.) 

"  The  annual   assessment  made  upon   landed  property   shall 

be  a  special  lien  thereon  and  all  property  both  real  and 


I  MM  \     DtOESI 


TAXATION    [Cont'd) 

Collection  and  Paymi  m    [ConPd) 
Sale  for  Non-Payment   [Cont'd] 
In  Gent  ral   i  Cont'd) 

personal   belonging  to 

liable  to  a ment  and  utle  1 

and  penalties  dne  bj   iiiofa  delinq  i 
maj   be  Bold  for  the  pa)  ment 
due   by   such   delinquent    und< 
legislature  ma)   pwn  tdi  :  I 

Where  Btate   has  taken   title  and 
shall  receive  i  iccess  ol  mum  foi 
interest  at    12  per  oent.  per  ai 
in<:s  if  claim  be  Bled   in  ein  a  I 

Redemption 

OAvners  ami  persons  Interested  hn 
payment  of  taxi  -  01 
whatever  to  have  rigi 
years  from  date  of  BS  • 

Legislature  to  provide  for  r<  i 

parties  interested   "by   publication   01 

fact  of  sale  Of  properl 

time  of  expiration  of  right  of 

Occupants  to  be  Berved  with 

redemption  expireB.      i  111.   IX  5  I  v 

Property  sold  to  be  redeemable  within 
of  price,   including  costs,  and 
judgment  annullin  • 

of  price,  and  all  taxes  and 
to  be  paid  to  purcha  -  >\  ided  tl 

to  sales  annulled  beca 
or  because  of  dual  assesam 
for  any  cause,  excepl   on   pro* 
paymenl    prior   to   sale,   "  an 
instituted    within   six    mont 
sale,  which   notice  Bhall   not 
redemption  has  expired,  and  ••■•  I 
of   recordation   of   the   tax    di 
manner   of   notide  and   form 
litles  to  be  provided  h\  law      (L 

■  'i  he  right  of  redemption  fnm 
the  non-payment  of  '  •• 
every  character,  » 
i„    prescribed  by  law,  h 
terested  in  Bucb  r< 

Former  owner  to  havi    two 
deed   for  right   to  red. 
amount  of  m<  i 


142l)  State   Constitutions 


TAXATION    (Cont'd) 

Collection  and  Payment   (Cont'd) 
Sale  for  Non-Payment    (Cont'd) 
Tax  Titles 

Deeds  of  sale  by  collectors  of  taxes  to  be  received  by  courts 

in  evidence  as  prima  facie  valid  sales.      (La.  233.) 
Courts  to  apply  same  liberal  principles  in  favor  of  tax  titles 

as   in   sale   by  execution.      (Miss.   IV   79.) 
Deed  of  conveyance  to  purchaser  for  lands  and  property  sold 
to   be   held   "  to    vest   good    and    perfect   title    in   the   pur- 
chaser  thereof   subject   to   be    impeached    only    for   actual 

fraud".     (Tex.   VIII    13.) 
Local  or  special   legislation  "  authorizing  deeds  to  be  made 
for  land  sold  for  taxes"  forbidden.      (W.Va.  VI  39.) 
Forfeiture  for  Non-Payment 

If  taxes  assessed  against  lands  purchased  from  state  for  any 
year  remain  unpaid  until  first  Monday  in  October  of  following 
year  then  contract  of  sale  of  such  lands,  if  state  board  in 
charge  of  sales   so   declares,   to  be  void.      (X.D.   Amend.   XIII 

15S.) 
Where  for  five  years  succeeding  1SG9,  owner  of  any  tract  of 
land  containing  1,000  acres  or  more  shall  not  have  been  charged 
on  county  books  with  state  tax  thereon,  then  by  operation  of 
constitutional  provisions  the  land  is  forfeited  and  title  thereto 
vested  in  the  state;  but  if  during  such  five  years  owner  has 
been  charged  with  said  tax  on  any  part  of  such  land,  such  part 
shall  not  be  forfeited.  (W.Va.  XIII  6.) 
If  after  one  or  more  of  five  years  during  which  taxes  not  paid 
and  because  of  which  land  forfeited,  the  owner  was  infant, 
married  woman,  or  insane  person,  such  owner  may  until  ex- 
piration of  three  years  from  removal  of  such  disability  have 
the  land  or  his  interest  therein  charged  on  the  county  books 
with  all  state  and  other  taxes  chargeable  thereon  from  1S63 
and  every  year  thereafter  with  interest  at  rate  of  10  per  cent, 
and  may  pay  all  taxes  and  interest  thereon  and  thereby  redeem 
his  land  or  interest  therein.  But  this  right  to  redeem  shall 
not   extend   bevond   20   vears    from   time    land   was    forfeited. 

'(W.Va.  XIII  6.) 

Exemptions 

Laws  Exempting  —  General  Provisions 

Laws  exempting  property  other  than   that  specified  in  the  con- 
stitution to  be  void.      (Colo.  X  6;  Ga.  VII  Sec.  II  4;  Ivy.  170, 
Bill  of  Rights  3;  Mo.  X  7;  Pa.  IX  2;  S.D.  XI  7;  Tex.  VIII  1.) 
Laws   exempting   property   other    than    as   provided   by   constitu- 
tion to  be  void.      (Ark.  XVI  6.) 
Exemptions   in   force   when   this   amendment   adopted   to   remain 
in  force  in  same  manner  and  to  same  extent  until  otherwise 
provided  by  statute.     (X.D.  XI  176,  1914.) 
Legislature  not  to   pass  law  exempting  any  property  except   as 
otherwise  provided  in  constitution.      (Okla.  V  50.) 


■ 1m»i\    I  i 

TAXATION    (Cont'<l) 
Exemptions   [Cont'd] 

Laws  Exempting  — General  PrOTi 
No  property  other  than   I 

I 
Legislature  may  allow    such  i 

Beero  necessarj  and  jual        [da    \  1 1 
Legi slat urc  may  by  general 

erty  ether  than  that   listed  in   I 

Legislature  may  by  general  law 

opinion  will  beBl  promob    | 
Private,  local  <>r  Bpecial  legisl  •• 

I  Ala..  IV  lot:  (  al.  |\  25;  Ida.  HI 
Miss.  IV  'Mi;  Mo.  I\  :,;  \1..„-  \ 
Hit;    Okla.    \'   4ti;    l'a.    Ill    7;     |.  x      I 

Private  or  local  legislation  exempting  i 

forbidden   except    m    revinion    I'nniin 

Legislature  not  to  declan 

Valuation  of  Exempt  Property 
Value  of   exempt  property    t- 

cr 
Agricultural  and   Horticultural  Societies 
Property  use.l  exclusively  for  ma 
Property  used  exclusively  for.  mat   be 

i  111.  IX  :t-. 
Real  and  personal  property  u- 

Agricultural  Implements 

Legislature  may   exempt.      (N.C     ^ 
Arms  for  Muster 

Legislature  may  exempt.      (N.I      \ 
Armories 

Property  or  real   estate  belot 
state  used  for  military  purpoa 

Art  — Works  of 

Paintings  ami  statuarj 

public  hall  and  DOl   held  B 
,,r  gain  may  I-  exempted   I  j 
of  private  or  corporate  pro 
Paintings  and  Btatuarj 

li,.  hall  t"  l irempl  " '""  " 

or  corporate  profit  01 
Books 

To   he  exempt    wild    nol 
rate  profit    or  income         I 


1424  State  Constitutions 


TAXATION    {Cont'd) 

Exemptions   {Cont'd) 
Books   (Cont'd) 

Legislature  may  exempt  by  law;  provided  property  so  exempted 
be  not  used   for   purposes   of   private   or   corporate  profit   or 

income.     (Ga.  VII;  Sec.  II  2.) 
Bonds 

Public  debts  evidenced  by  bonds  of   state,  county,  municipality 

or  otber  subdivision  to  be  exempt.      (Ariz.  IX  2.) 
Issued  after   adoption  constitution  by  state,   county,  "  city   and 
county",  municipal  corporation  or  district    (including  school, 
reclamation     and    irrigation    districts)     within     state    to    be 

exempt.      (Cal.  XIII   1%.) 
Issued  by  city  and  county  of  San  Francisco  for  Panama  Exposi- 
tion  to   be    exempt   from    all    taxes   for   state   and   municipal 

purposes.    (Cal.  XI  8a.) 
Issued  by  state,   county,   municipality  or  district  to  be  exempt. 

(N.M.   VIII   3.) 
Of  state,  city,  village,  hamlet,  county  or  township  in  the  state 
outstanding  time  adoption  constitution  or  issued  in  behalf  of 
public  schools  of  state  and  means  of  instruction  In  connection 
therewith  to  be  exempt.      (Ohio  XII  2.) 
Obligations  issued  by  state  after  February  14,   1882,  "  or  here- 
after exempted  by  law",   to  be  exempt.      (Va.  XIII   183   a.) 
Issued  by  Alameda  county  in  aid  of  Panama  Exposition  to  be 
exempt   from  all   taxes  for   state,  county  and  municipal  pur- 
poses.     (Cal.  XI  18.) 
Obligations  issued  by  counties,  cities  or  towns  may  be  exempted 
by   local  authorities   from  local  taxes.      (Va.   XIII    183.) 
Cemeteries 

To  be  exempt.      (Ala.  IV  91;  Mo.  X  6.) 

Used  exclusively  as  such  to  be  exempt.      (Ark.  XVI  5.) 

Not  used  or  held  for  private  or  corporate  profit  to  be  exempt 

unless  otherwise  provided  by  general  law.      (Colo.  X  5.) 
May  be  exempted  by  law  when  not  used  for  purposes  of  private 

or  corporate  profit  or  income.      (Ga.  VII  Sec.  II  2.) 
Property  used  for  cemetery  purposes  may  be  exempted  by  gen- 
eral law.'     (111.  IX  3.) 
Not  used  or  held  for  private  or  corporate  profit  to  be  exempt. 

(Ky.  170;  N.M.  VIII  3;  Utah  XIII  3.) 
Not   used   or   held   for   private   or   corporate   profit   may  be   ex- 
empted by  general  laws.      ( Pa.  IX  1 ;  Tex.  VIII  2. ) 
To  be  exempt  when  not  leased  for  purposes  of  private  or  corpo- 
rate profit  or  income.     (La.  230.) 
Public  burying  grounds  to  be  exempt.      (Minn.  IX  1.) 
Property   used   exclusively   for   cemeteries  not  used  or   held  for 
private  or  corporate  profit  may  be  exempted.      (Mont.  XII  2.) 
Property    used    exclusively    for    cemetery    purposes    may    be    ex- 
empted by  general  law.      (Nebr.  IX  2.) 
Legislature  may  exempt.      (N.C.  V  5;  W.  Va.  X  1.) 


[ND] 


TAXATION    (Cont'd) 

Exemptions  (Cont'd) 
Cemeteries   (Cont'd) 

Property  used  exclusively 

by  general  lav.     (N.D    \i 
May   be  exempted    b; 


Property   used  Eoi   pa 
Property  of  to  be  exempt;  but 

not   to   extend   beyond   bul 

pied   thereby   "  although 

Public  burial  grounds 

conducted   for  profH    « 

thoritiea  or  private  eorpoi 

may   t;i\ ;    doi  -   not    include   pi 

sons  paying  benefits 

to  members  or  other  | 

not  exceeding  one  acre  reserved     \  .uffi- 

cient  evidence,  and  "  -..  exclus    ■ 

legislature   may    tax.       |  V  i     Mil 
Lots  with   buildings   thereon   nsed 

tori.s   t>>   lie   exempt.     |  \\  yo,    XV    1_* 

Charity,  Property  Devoted  to 
Lots  in  incorporated  cities 

to  the  extent   of  one  acre,  and 

from   such   cities   or   towns   t 

buildings    thereon,    \<< 

purposes  purely  rhari  table.     (Ala.   I\ 
Property    of  charitabli 

held  for   profit   ma 
Buildings,    grounds    and    mat* 

charity    to    lie    exempt        Ark.    W  I 
Lots    with   buildings    thereon    ii    buil 

clusively   for  strictly  charitabli 

otherwise  provided  bj  general  law 
Property  maj   be  exempted  by  law 

1\    L;   [nd.  X    1:   Nev.  X  1;  0 
Property   of  corporations  formed 

Propertj   of  all  charitable  instituti  i 
infirm,  deaf,  dumb,  blind,  idiol 

where   profit8   of   BUCii 
to  be  exempt  ;   but   pri 
thoueh  connected   with 
from   state,   i  ouj  '      and  mui 
estate    this    exemption 
premises   a, mails    I 
with  charitable  objects  ". 


1426  State  Constitutions 


TAXATION    (Cont'd) 

Exemptions   (Cont'd) 

Charity,  Property  Devoted  to    (Cont'd) 

Institution  of  purely  public  charity  may  be  exempted  by  law 
when  not  used  for  purposes  of  private  or  corporate  profit  or 

income.      (Ga.  VII  Sec.  II  2.) 

Property  used  exclusively  for  charitable  purposes  may  be  ex- 
empted by  general  law.      (111.  IX  3;  Xebr.  IX  2.) 

Property  used  exclusively   for  charitable  or  benevolent  purposes 

to  be  exempt.      (Kan.  XI  1.) 

Institutions  of  purely   public  charity  to  be  exempt.      (Ky.   170; 

Minn.  IX   1.) 

Charitable  institutions  to  be  exempt  when  not  leased  for  pur- 
poses  of   private   or   corporate   profit   or   income.      (La.   230.) 

Lots  in  incorporated  cities  or  towns,  or  within  one  mile  of  limits 
thereof  to  extent  of  one  acre  and  lots  one  mile  or  more  distant 
from  such  cities  or  towns  to  extent  of  five  acres  with  the 
buildings  when  used  exclusively  for  purposes  purely  charitable 
"may  be  exempted"'  by  general   law.      (Mo.  X  6. ) 

Property  used  exclusively  for  institutions  of  purely  public  char- 
ity  may   be   exempted.      (Mont.   XII   2.) 

All  property  used  for  charitable  purposes  to  be  exempt.      (X.M. 

VIII   3.) 

Property  held  for  charitable  purposes  may  be  exempted  by  law. 

(X.C.   V  5.) 

Property  used  exclusively  for  charitable  purposes  to  be  exempted 
by  general  law.     (X.D.  XI  176;  S.D.  XI  6.) 

Institutions  used  exclusively  for  charitable  purposes  may  be 
exempted   by  general   laws,   subject   to   alteration   and   repeal. 

(Ohio  XII  2.) 

Property  used  exclusively  for  charitable  purposes  and  property 
owned  by  specified  institutions  so  long  as  used  exclusively  for 
free  homes  or  schools  for  orphan  children  and  for  poor  and 
indigent  persons  and  all  other  orphan  homes  and  "  their 
charitable  funds"  to  be  exempt.      (Okla.  X  b.) 

Institutions  of  purely  public  charity  may  be  exempted  by  gen- 
eral laws.     (Pa.  IX  1;  Tex.  VIII  2.) 

Property  held  and  used  for  purposes  purely  charitable  may  be 

exempted.      (Tenn.  II  28.) 

Lots  and  buildings  thereon  used  exclusively  for  charitable  pur- 
poses   to    be    exempt.      (Utah    XIII    3.) 

Real  estate  belonging  to  and  exclusively  used  by,  and  personal 
property  including  endowment  funds  belonging  to  Young 
Men's  Christian  Association  and  similar  religious  associa- 
tions, orphan  or  other  asylums,  reformatories,  hospitals  and 
nunneries  which  are  not  conducted  for  profit,  but  purely  and 
completely  as  charities,  to  be  exempt;  but  legislature  may 
tax.  Buildings  or  land  leased  or  a  "  source  of  revenue  or 
profit  "  to  be  liable  to  taxation  as  other  land  or  buildings  in 
same  county,  city  or  town.     (Va.  XIII   183  e. ) 


. Lndex   Dioj 

TAXATION    (Cont'd) 
Exemptions  [Cont'd i 

Charity,  Property  Devoted  to 
Buildings  with  land  thej 
belonging  to  benevolent   01 
exclusively  for  lodge  pui  ]•■■-<  -  ■■■. 
ciafcions  togethei   «  ith  ad  1 «•  i  >.t   I  md  i 
use  of  buildings,  to  '"  exempl ;  bul 

LngS  or    land    L<  a-  « 1   •  - 1     | 

liable  to  taxation  a.  ..ti„.|    land 
city  or  town.    Exemption  doe*  not  in<  i 
tions  or  persona  paying  benefit 

or  act  idem  to  members  or  other  pi  XIII  1* 

Property  used  for  charitable  purn 

Churches,  See  below,  litis  subdii  ision,  R 

City  Property 

To  he  exempt.     <  Ida.  VII    t .   \!..in.  \\\  ;    \  ill 

XI  17*5 ;  Utah  Mil  :<;  Wyo.  W    I 
Belonging  to   "'  citj    ami   count;  "   I 

iinproVements  thereon  located  outaide  tl 

which  well'  Subject   to  taxation   ;it    tin 
by   the   rity    and   coimtv    not    to   be   • 

subsequently  constructed  on  such  land 

Ml! 

Real  and  personal  to  be  exempt,      (t  olo 
Held  by  cities  and  "used   exclusivelj 

purposes"  may  l»-  exempted.     iTenn    11 
Held  only  for  public  purpose*  su< 

therefor,  fire  engines  ami  "  furniture  'I 

used  or  intended   for  extinguishing  Urea,  pub 

all  other  prbpertj  devoted  exclusivelj  I 

the  public,  to  !»•  exempt.     (Tex.   M 
Owned  by  city  and   used  exclmivBlj 

exempt;  buildings  or  land  leased  or  "  ■ 

to  be  exempt.      I  \  a.   Mil    183 

Corporations 

Shares  of  capital  stork  of  ,,„-,,  • 

this   State,   when   owned    bj    !■• 

this  Mate"  no,   to  be  BUbj. 

in"  or   hereafter   made.      |  Del     IX 
Capital,  surplus  and  personal  i 

state  ai'M    specified  date  solel 

,„,  mortgages  on  country  pro| 

6    per   cent,   "with    powei 

issued  by  the  various  | 

palities  of  th. 

of  their  organization  | 

cash  capital  of  not  1-  -    ' 


1-t-S  State  Constitutions 


TAXATION    (Cont'd) 

Exemptions  ( Con  t'd ) 

Corporations   (Cont'd) 

exemption  if  it  charges  more  than  6  per  cent,  or  if  it  nego- 
tiate or  handles  other  securities  than  those  named  herein;  state 
examiner  of  banks  to  report  to  attorney-general  violations  of 

this  exemption.  (La.  230.) 
Steamship  companies,  their  capital  stock  and  all  property  cor- 
poreal and  incorporeal  to  be  exempt  from  "  taxes  and  licenses, 
state,  parish,  levee  and  municipal  both  general  and  special  " 
for  15  years  from  date  of  filing  proof  that  capital  is  full 
paid  in  cash;  companies  to  have  benefit  of  this  exemption  must 
comply  with  conditions  specified  in  detail;  exemption  not  to 
include  leased  property  or  chartered  ships  nor  vessels  in  the 
coast  trade  or  in  foreign  trade  not  touching  Louisiana  ports. 

(La.  230.) 
Surrender  of  claim  to  exemption  to  be  condition  of  benefit  of  any 
change  by  general  or  special  act  in  existing  charters,  and  ac- 
ceptance of  benefit  of  such  change  to  be  conclusive  presumption 
of  surrender  of  such  exemption  from  taxation  and  such  cor- 
poration  thereafter   to   be   subject  to  taxation   as   if  no  such 
exemption  ever  granted.      (Md.  Ill  48.) 
Exemptions  to  which  corporations  legally  entitled  at  adoption  of 
constitution  to  remain  in  effect  for  the  time  of  such  exemptions 
expressed  in  the  corporate  charter  or  by  general  laws  "  unless 
sooner  repealed  by  the  legislature".     (Miss.  VII  1S1.) 
County  Property 

To  be  exempt.     (Ariz.  IX  2;  Ida.  VII  4;  Mont.  XII  2;  N.M.  VIII 

3;  X.D.  XI  176;  Okla.  X  6;  Wash.  VII  2;  Wyo.  XV  12.) 
Real  and  personal  to  be  exempt.      (Ala.  IV  91;   Colo.  X  4;  Mo. 

X  6;  Xebr.  IX  2;  S.D.  XI  5.) 
Real  and  personal  property  of  may  be  exempted  by  general  law. 

(111.  IX  3.) 
Used  exclusively  for  public  purposes  and  not  for  revenue  to  be 

exempt.      (S.C.  X  4.) 
Property   used   exclusively   for   county   purposes   to   be   exempt. 

(Kan.  XI  1.) 
Owned  by  county  and  used  exclusively  for  county  purposes,  to  be 
exempt;  buildings  or  land  leased  or  "a  source  of  revenue"  not 
to  be  exempt.  (Va.  XIII  183  a.) 
Property  belonging  to  county  or  to  "  city  and  county  "  to  be 
exempt;  but  lands  and  improvements  thereon  located  outside 
the  county  which  were  subject  to  taxation  at  the  time  of  their 
acquisition  by  the  county  not  to  be  exempt ;  but  improvements 
subsequently  constructed   on   such  land   to  be  exempt.      (Cal. 

XIII  1.) 
Property   held   by   county    and   "  used   exclusively   for   public   or 

corporation  purposes"  may  be  exempted.      (Tenn.  II  28.) 
Held  only  for  public  purposes  such  as  public  buildings  and  sites 
therefor,  fire  engines  and  "  furniture  thereof  ",  and  all  prop- 


Im.ix    Ik 


TAXATION    (Cont'd) 

Exemptions  (Cont'd) 

County  Property  (Cont'd) 

crty  used  oi  intended  foi   •  >.\i 
and   nil   other   propertj    di 
benefil  of  the  public,  to  be  exempt 
Debts 

No  tax  to  be  assessed  upon  anj 

personal   propertj    while  own<  d   bj    i  mdl 
current  year  of  Buch  rental  i  i 
propertj  be  assessed  a4  its  full 
Disabled  Persons,  Property  of 

There  shall  be  exempl   From  I  >■■■  <• 
"to  every  person  thai  baa  losl 

Drainage,  Set    below,  this  subd 

Education,  Property  Devoted  to 

Lots  in  incorporated  cit ies  01   towi 
to  the  exteni  of  one  acre,  and  lol  - 
from  such  cities  or  towns  to  the  exk 
ings  thereon,  to  be  exempl   vvhi 

Property  of  educational  institution* 

held  for  profit  maj  be  exempted  bj 
"Libraries  and  grounds  used  exclusivelj    I 

mid    school    buildings    and    ap] 

Property  used  exclusively  for  p 

\H 

Buildings,  equipment,  grounds  on   wh 
exceeding  100  acres,  Be  uril  ies  an  I  ii 
institution  of  collegiate  grade  within  - 
profit,  used  exelusivelj  foi  purpo* 

Property   belonging   to   specified    i 

exempt;   bul    legislature  maj    i 

this  exemption.     (Cal.  1\ 
Lots  with  buildings  thereon   if  buildii 

sively  for  school  purposes  to 

vided   bj    general   law.      (I  ol. 
Real  and  personal  propertj  used  foi 

from  taxes  and  a uenl 

Property   may    be   exempted    bj    I 

(,.1;1;  IX   1;   tnd.  \   I.  N'«     * 
Propertj   of  corporations   fo.  n< 

be  exempted  bj   Law.       S«  •     HTI  5 
property  of  schools,  colleges  and 

exempt;  bul  as  to  rea 


1430  State   Constitutions 


TAXATION    [Cont'd) 

Exemptions   (Cont'd) 

Education,  Property  Devoted  to    (Cont'd) 

beyond  buildings  and  premises  actually  occupied  by  such  insti- 
tution   "  although   connected    with    charitable   objects".     (S.C. 

X  4.) 

Buildings  erected  for  and  used  as  college,  incorporated  academy 

or  other  seminary  of  learning,  may  be  exempted  by  law  when 

not  used  for  purposes  of  private  or  corporate  profit  or  income. 

(Ga.  VII  Sec.  II  2.) 
Property  used  exclusively  for  school  purposes  may  be  exempted. 

(111.  IX  3;  Nebr.  IX  2.) 
Property  used  exclusively  for  educational  purposes  to  be  exempt. 

(Kan.  XI  1.) 
Educational  institutions  not  used  for  gain  by  any  person  or  cor- 
poration and  income  of  which  is  devoted  solely  to  education,  to 

be  exempt.     (Ky.  170.) 
All    buildings    and    property    used    exclusively    for    colleges    and 
other  school  purposes  to  be  exempt  when  not  leased  for  pur- 
poses of  private  or  corporate  profit  or  income.     (La.  230.) 
Colleges,  universities,  academies  and  seminaries  of  learning,  and 

public  school  houses  to  be  exempt.  (Minn.  IX  1.) 
Lots  in  incorporated  cities  or  towns,  or  within  one  mile  of  limits 
thereof  to  extent  of  one  acre  and  lots  one  mile  or  more  dis- 
tant from  such  cities  or  towns  to  extent  of  five  acres  with  the 
buildings  when  used  exclusively  for  schools  "  may  be 
exempted"  by  general  law.  (Mo.  X  6.) 
School  district  property  to  be  exempt.     (Mont.  XII  2;  X.M.  VIII 

3;  Utah  XIII  3;  Wash.  VII  2;  Wyo.  XV  12.) 
Property    used    exclusively    for    educational    purposes    may    be 

exempted.     (Mont.  XII  2.) 
All  property  used  for  educational  purposes  to  be  exempt.     (N.M. 

VIII  3.) 
Property  held  for  educational  purposes  may  be  exempted.      (X.C. 

V  5.) 
Property  used  exclusively  for  school  purposes  to  be  exempted  by 

general  law.      (N.D.  XI   176;   S.D.  XI  6.) 
Public  school  houses  may  be  exempted  by  general  laws,  subject 

to  alteration  and  repeal.      (Ohio  XII  2.) 
Property  used  exclusively  for  schools  and  colleges  to  be  exempt. 

(Okla.  X  6.) 
Property  held  and  used  for  purposes  purely  educational  may  be 

exempted.  (Tenn.  II  28.) 
"  Buildings  used  exclusively  and  owned  by  persons  or  associations 
of  persons  for  school  purposes  and  the  necessary  furniture  of 
all  schools  "  may  be  exempted  by  general  law.  Endowment 
funds  of  institutions  of  learning  not  used  "  with  a  view  to 
profit  and  when  invested  in  bonds  or  mortgages  or  in  land  or 
other  property  bought  in  by  such  institution  under  foreclosure 
sale  to  protect  such  bonds  or  mortgages  "  may  be  exempted  by 


I  M  '  I   \      I  • 

TAXATION    (Cont'd) 
Exemptions  [Cont'd) 

Education,  Property  Devoted  to 
general  la*  ;  but  theexempl 
in  t..  continue  only    foi    I 


Property  owned  by  school  disti 

lie  sell,,,,]  purposes,  to  be  ex<  npl  ; 

"  a  source  at  revenue  "  not  U 
Buildings  and  land  thej   ...  tuallj  •• 

bags,  books  an<l  instruments  then 

cational    purposes  "    belonging 

churches,    public    libraries,    ii 

industrial   schools,   Bern  in  u 

tiona     of     learning     including     \  irgii 

"  which  are  not  incoi  porations  bai 

wise    owned    li\     individual-    or    Othi 

with   adjacenl    land-   owned   bj    such 
educational   institutions  as  maj    be  reaaoMbl 
convenient  use  of  such  buildii 
as  residence-  bj   officers  oi    instruct    - 
nieiit  funds  held  l>_\  sucli  libraries   m 
directly   or  in  trust   and  not   invested 
such  libraries  and  educational  institutioi 
for  profit  of  any  person  or  corporation 
pretense  whatsoever"  to  be  exempt,  l»ui   legu  it 
This    exempt  inn    ool    t<>    spplj    to    induMtrml    -  I 
property   of   the   Btate   which   do 
manufacture    and    sell    art  hie-    in    lb 
located;  but  this  nol  to  restrict   such  school 
for  or  selling  it-  own  produi  ts,  or  otto 
or  employees.     Buildings  or  land 
enue  or  profit  "  to  be  liable  to  taxatioi 
ings  in  same  county,  city  or  town        Va.  XII 
Property    used    foT    educational    pnr|* 

Expositions 

No  tax.  license  fee  or  charge  of  anj  kii 
against  property  of  Panam 
in  connection  with  exhibit* 
Family  Supplies 

For  home  and  farm  use  to  be 
two-thirds  voite  of  members  elect  of  both 

Farm  Products 

Growing  crops  to  be  exen  ■  I.  XIII  1 

Legislature  may  exempt  "  farm  | 

grown  in  this  state  and  remainii 

ducer,   but   m"    longer   thai 


1432  State  Constitutions 


TAXATION    (Cont'd) 

Exemptions   (Cont'd) 

Farm  Products    {Cont'd) 

Crops  in  the  hands  of  the  producer  grown  in  the  year  in  which 

assessment  made  to  be  exempt.      ( Ky.  170.) 
Legislature  to  exempt  direct  products  of  soil  in  hands  of  producer 

and  his  immediate  vendee.     (Tenn.  II  28. ) 
To  be  exempt  in  hands  of  producer  until  otherwise  directed  by 
two-thirds    A'ote    of    members    elect    of    both    houses.        (Tex. 

VIII  19.) 
Federal  Property,  See  below,  this  subdivision.  United  States,  PROP- 
ERTY   OF. 

Forests 

Areas  devoted  exclusively  to,  may  be  exempted   in  whole  or  in 

part.      (Ohio  II  36.) 
Inheritances 

Portion   of   each   estate   not    exceeding   $20,000   may   be   exempt. 

(Ohio  XII  7.) 
Grape  Vines 

Under  age  of  three  years   from   time   of  "  planting  in  vineyard 
form  "  to  be  exempt;  and  nothing  in  article  to  be  construed  to 
subject  such  grape  vines  to  taxation.      (Cal.   XIII   12%.) 
Horticultural   Societies,   See   above,   this  subdivision.   Agricultural 

AND   HORTICULTTRAL   SOCIETIES. 

Hospitals 

If  public  to  be  exempt.      (Minn.  IX   1.) 

Property  used  exclusively  for  may  be  exempted.     (Mont.  XII  2.) 

Improvements  on  Land 

Legislature  may  exempt    limited   amount   of.      (Ida.   VII   2.) 

Income 

Part  not  exceeding  $3,000  may  be  exempt.     (Ohio  XII  8.) 
Indian  Lands 

Lands  owned  by  Indians  under  grants  from  Congress  exempting 
such  lands  to  be  exempt  so  long  and  to  such  extent  as  may  be 
provided  by  act  of  Congress  making  grant.  This  irrevocable 
without  consent  of  United  States.  (Ariz.  XX  Fifth;  Mont. 
Ord.  Xo.  1  (2)  ;  X.M.  XXI  2;  X.I).  XVI  203  (2)';  S.D.  XXII 
(2)  ;   XXVI   18    (2)  ;   Utah  III    (2)  ;   Wash.  XXVI    (2)  ;   Wyo. 

Ord.  3.) 

Property  exempted  by  treaties  between  United  States  and  Indians 

or  by  Federal  laws  to  be  exempt  during  force  and  effect  of  such 

treaties  or  laws.      (Okla.  X  (i. ) 
Insurance 

Legal  reserve  of  life  insurance  companies  organized  under  bins 
of  state  to  be  exempt.      (La.  230.) 

Irrigation 

Capital  stock,  franchises  and  property  of  corporations  construct- 
ing, owning  and  operating  canal  system  for  irrigation,  naviga- 
tion   and    power    purposes,    completed    within    five    years,    and 


I  M>l..\     I  I 

TAXATION    (Cont'd) 
Exemptions  |  Cont'd) 
Irrigation    (Cont'd) 

"I""1  wWch  S3. 

exerapl   for   10  yeara  from  dab 

"Communitj  ditchee  and  all  i 
drainage  to  be  exempt.     (N  M.  \  in 

Libraries 

"  Libraries  and  ground 

Property  used  for  free  public  to  i» 

Heal  and  personal  propertj  of  pub! 
Real  and  personal  estate  of  publi< 
not  used  for  purposes  "i  j 

Properly  of  public,  to  I"-  exempt     (Ida    VII 

Public,  to  be  exempt.     (Ky.  17";  \  \|    \i 
Endowment  and  income  of  propertj 

nance  of  public  to  be  exempt. 
Real  and  personal  estate  of  anj   publii    li 

Library  association  used  by  "i  connected    •■ 

all  buildings  and  property  used  exclusivt 

lections  t<>  be  exenipi  when  not  leased 

or  corporate  profit  or  income. 
Legislature  may  exempt.  (N.C.  \ 
Property  of  public  to  be  exempt  ;  bul 

tion   not    to  extend   beyond    building* 

occupied  thereby  "  although  conne<  I 

Literary  Purposes,  Property  Devoted  to 
Property  may  be  exempted  bj    la 

Eeal  and  personal  estate  of  literarj 
connection  with  public  Librarj 
not  used  for  purposes  of  pi 

Propertj  used  exclusivelj  for  to  b< 
Legislature  maj  exempt  propertj   held 
Property    held    and    used    for    purp 

Propertj    belonging  to  specified   Li 
and  associations  to  be  exempt,  but 
inga  or  land  Leased  oi 
liable  to  taxation  aa  other  Land  or  buildn 

!   IK 

Property  used  for  maj:  be  exen  pi  NN  Vl 


i. 


1434  State  Constitutions 


TAXATION    (  Cont'd ) 
Exemptions  (Cont'd) 
Loans 

See  also  below,  this  subdivision,  Mortgages. 

Loans  by  life  insurance  companies  to  policy  holders  solely  on 
security  of  their  policies  and  the  notes  evidencing  such  loans 
to  be  exempt,  provided  rate  of  interest  on  such  loans  does  not 
exceed  5  per  cent,  per  annum  discount.      (La.  230.) 

Loans  of  homestead  associations  or  societies  to  their  members 
secured  by  stock  of  association  or  society  to  be  exempt.      (La. 

Amend.  Act  52  of  1914.) 
Manufacturing 

Legislature  may  by  general  law  exempt  for  "  term  of  seven 
years  from  the  ratification  of  this  constitution"  (1874)  the 
capital  invested  in  any  kind  of  manufacturing  business  in 
the  state  under  such  regulations  and  restrictions  as  may  be 
prescribed  by  law.     (Ark.  X  3.) 

Legislature  may  authorize  incorporated  cities  and  towns  to 
exempt  manufacturing  establislunents  from  municipal  taxation 
for   a   jjeriod   not   exceeding  five  years   "  as   an   inducement  to 

their  location".     (Ky.    170.) 

'"  Legislature  may  grant  exemption  from  taxation  in  the  en- 
couragement of  manufactures  and  other  new  enterprises  of 
public  utility  extending  for  a  period  not  exceeding  five  years; 
but  the  time  of  such  exemptions  to  commence  from  date  of 
charter,  if  to  a  corporation  and  if  to  an  individual  enterprise 
then  from  the  commencement  of  work  "  ;  but  when  legislature 
grants  such  exemptions  for  period  of  five  years  or  less  it  shall 
lie  done  by  general  laws  which  shall  distinctly  enumerate 
classes  of  manufactures  and  other  public  utility  enterprises 
entitled  to  exemptions  and  shall  prescribe  mode  and  manner 
of  determining  right  to  such  exemption.     (Miss.  VII  1S2.) 

General  laws  to  authorize  exemptions  by  cities  and  towns  of  all 
property  used  for  manufactories,  within  their  limits  from 
municipal  taxation  for  a  period  not  longer  than  10  years. 
Purpose   stated   to   aid   and   encourage   establishment  of   such 

works.      (Miss.  VII  192.) 

Legislature  may  authorize  any  incorporated  city  or  town  by 
majority  vote  of  its  electors  in  favor  thereof  to  exempt  manu- 
facturing establishments  from  municipal  taxation  for  not  ex- 
ceeding five  years  as  an  inducement  to  their  location.      (Okla, 

X  6. 1 

Cities  and  towns  may  exempt  by  general  or  special  ordinance, 
except  for  school  purposes,  manufactories  established  within 
limits  thereof  for  five  successive  years  from  establishing  such 
manufactories.  Ordinance  to  be  ratified  by  majority  of  quali- 
fied electors  voting  at  election  held  for  purpose.     (S.C.  VIII  8.) 

"  Xo  article  manufactured  of  the  produce  of  this  state  shall  be 
taxed  otherwise  than  to  pay  inspection  fees."      (Tenn.  II  30.) 


I  M  I 


TAXATION    (Cont'd) 

EXEMPTION  8       '         <*'/l 

Mechanical  Implements 

Legislature  may  exempt.     >  \  <     \ 
Mining  Capital 

Legislature  maj  by  general  law  exempl 
from  the  ratification  of  th 
invested    in    any   kin. I   of   mining   I 
such  regulations  and  n 

Money 

All  money  in  hand  or  on  deposit   to  >«*»4 

Monuments 

Buildings  and  property  used  exclim 
be  exempt  when  nol  leased  foi  pur] 

I"   ' 
Mortgages 

See  also  above,  this  subdivis  on,  < 
"A  mortgage,  deed  of  trust,  eonti 

iii£  a  debt   for  the  payment   <>f  which  limit 
curity  "  together  with  the  monej    r •  •  j ■  • 
not    to   be   considered    pi  ■  i 

Loans  on   mortgages  on   real   i 
mortgages  to  Becure  Biich  loans  and  I 
instruments  evidencing  such  loans  whethei 
gagee  or  his  assignee  t<>  l>e  exempl 

On  real  ami  personal  propertj  :  •  '■•   exempl 

Municipal  Corporation  Property 

To  be  exempt.     (Ariz.  IX  2;  Ma   VII 

\  c    \'  5;   X.l>.  XI   176;  Okls    X  I 

\  I 

Real  and  personal  to  1 xempl  IV  I 

Property  used  exclusively   for  muniriri 

••  Municipal  property  "  to  be  exempt 

lie  purposes  and  not  foi   r< 
i-o  be  exempt;  but  lands  and 

aide  the  municipalitj  and  which 

time  of  their  acquisition  by  the  m 

but  improvements  MiWquentlj 

Real  and  personal  maj  be  • 
May  be  exempted  bj  Law.       Kei    VIII  2 
Property  may  be  exempted  b,  la«  I 
IX  l;Ind.X  1;  W    X   I;  On     X 


1436  State  Constitutions 


TAXATION    (Cont'd) 

Exemptions  (Cont'd) 
Museums 

If  free,  property  used  for  to  be  exempt.    (Cal.  XIII  1 ;  Okla.  X  6.) 
All  property  belonging  to  specified  institution  for  "  maintenance 
of  a  free  museum  to  be  exempt;   but  legislature  may  modify, 
suspend  and  "revive"  this  exemption.    (Cal.  IX  12.) 
All   buildings   and   property  used   exclusively  for  historical   col- 
lections to  be  exempt  when  not  leased  for  purposes  of  private 
or   corporate  profit  or   income.      (La.   230.) 
Personal  Property 

Of   householders    to    amount    of    $100    to   be    exempt.      Articles 

selected  by  them.      (Cal.  XIII  10%.) 
Of  head  of  family  to  extent  of  $200  to  be  exempt.      (Colo.  X  3.) 
To  amount  of  at  least  $200  for  each  family,  to  be  exempt,     (Kan. 

XI  1.) 
Of  person  with  family  not   exceeding  $250  to  be  exempt.      (Ky. 

170.) 
Household  and  kitchen  furniture  to  value  of  $500  to  be  exempt. 

(La.  230.) 
Of  each  household,  individual  or  head  of  a  family,  not  exceeding 

$200  in  value,  may  be  exempted.     (Minn.  IX  1.) 
Legislature  may  exempt  household  and  kitchen  furniture.    Legis- 
lature may  exempt  personal  property  to  amount  not  exceeding 

$300.      (X.C.  V  5.) 
Of  each  "  head  of  family  ",  to  amount  of  $200,  may  be  exempted 

by  legislature.      (KM.  VIII  5.) 

Legislature  to  exempt   by  general  law,  not  exceeding  $200,  for 

each  individual  liable  to  taxation.     (N.D.  XI  176;  S.D.  XI  6.) 

Of   each    individual,   not   exceeding   $500,   may   be   exempted   by 

general  laws  subject  to  alteration  and  repeal.      (Ohio  XII  2.) 

Of  all  ex-Union  and  ex-Confederate  soldiers  bona  fide  residents 

of  state  and  their  widows  who  are  heads  of  families  and  bona 

fide    residents    of    state,    not    exceeding    $200,    to    be    exempt. 

Household  goods  of  "  heads  of  families  "  and  tools,  implements 

and  live  stock  employed  in   support   of   family,  not  exceeding 

$100.  to  be  exempt,     (Okla.  X  6.) 
Legislature  to  exempt  $1,000  worth  in  hands  of  each  taxpayer. 

(Tenn.  II  28.) 
Household  and  kitchen  furniture  of  each  family  in  state  to  be 

exempt  to  amount  of  $250.      (Tex.  VIII  1.) 
Of  each  head  of  family  liable  to  assessment  and  taxation  under 
the  laws  of  state  "  of  which  the  individual  is  the  actual  bona 
fide  owner"  to  the  amount  of  $300  may  be  exempted.     (Wash. 

VII  2.) 
Public  Property 

To  be  exempt  if  used  for  public  purposes.      (Ky.  170.) 
To   be   exempt    if    used    exclusively    for    public    purpose.       (Ark. 

XVI  5;  Minn.  IX  1.) 


1        K    I  Ml. I  -I 


TAXATION    {Cont'd) 
Exemptions  i  Cont'd) 

Public  Property    i  Cont'd  I 

To  be  exempt  when  nol  leased  foi  pur] 

pro! 
May  be  exempted  by  in«  whai    n 

or  corporate  profll  or  income      (Ot    \  1 1 
Property  used  exclusively    foi   publ  c  purj 

bj  genei  il  i 
May  be  exempted  by  gene*al  I  i 

if  used  exclusivelj   for  public  pin 
May  l>e  exempted  by  general   laws  if  am 

l\    i  . 
May  be  exempted  b]  law.     |  \\  V"a.  \ 
Public  Utilities 

"  Legislature   maj    granl    exempti 
eouTagemenl    of   manufa.  tun 
public  utility  extending  for  a  period 
but  the  time  of  such  exemptions   I  • 
charter  if  to  a  corporation  and  if  to  an 
then  from  the  commeneemeul  of  worl 
grants  such  exemption's  for  period  o\  1 1  v . 
be   done    by   general    laws   which    Bhall    dint ii 
classes  of  manufactures  and  other   public  utility 
entitled  to  exemptions  and   3haU   prescribe  m< 
of  determining  righl  1"  Buch  exemption,     i  Mi--.  \11 
General  laws  to  authorize  exemptions  bj  cition  and 
property  used  for  gas  work-,  water  works  and 
of  public  utility  other  than  railroads  within  tl 
municipal   taxation    for   a    period    nol    lonj 
Purpose    stated    to    aid    and    encoui 

worku        '-;.--    VII 
Legislature  may   authorize   an\    ii 
majority  vote  <>f  its  electors  in  favor  thei 
utilities  from  municipal  taxation  for  nol 
as  an  inducement    to  their   location.      (Ok 

Railroads 

Any  railroad  or  part  of  railroad  constru 

1909  to  be  exempt  for  period  of  1"  years  whetl 
property  of  present  owner  or  ' 
provisions  specifying  limits  of  th 
from  it  depots,  warehouw  -  and  othei 

Religion,  Property  Devoted  to 

Lots  in  incorporated  cities  or  I    ■■ 
to  the  extent  of  one  a 
from  such  cities  or  towns  to  th. 

ings  thereon;  to  be  exempi  when  n 

6 


1438  State  Constitutions 


TAXATION    (Cont'd) 
Exemptions  ( Con  t'.d ) 

Religion,  Property  Devoted  to    (Cont'd) 

Property  of  religions  associations  or  institutions  not  used  or  held 

for  profit  may  be  exempted  by  law.  (Ariz.  IX  2.) 
Churches  used  as  such,  to  be  exempt.  (Ark.  XVI  5,) 
"  All  buildings  and  so  much  of  the  real  property  on  which  they 
are  situated  as  may  be  required  for  the  convenient  use  and 
occupation  of  said  buildings  "  when  used  exclusively  for 
religious  worship  to  be  exempt;  but  buildings  rented  for 
religious  purposes  and  rent  received  by  owner  thereof,  not  to 

be  exempt.      (Cal.  XIII   1%.) 
Property   belonging   to   specified    institution    "  for   the   advance- 
ment of  science  "  to  be  exempt ;   but  legislature  may  modify, 
suspend  and  "revive"  this  exemption.      (Cal.  IX  12.) 
Lots   with   buildings   thereon    if   buildings   used   exclusively   for 
religious  purposes  to  be  exempt,  unless  otherwise  provided  by 

general  law.     (Colo.  X  5.) 
Property  may  be  exempted  by  law  for  religious  purposes.     ( Fla. 

IX   1;   Ind.  X   1;   Ore.  X   1;   S.C.  X   1.) 
Church  and  parsonage  property  to  be  exempted;  but  as  to  real 
estate    this   exemption   not   to    extend    beyond    buildings    and 
premises  actually  occupied  thereby  "  although  connected  with 

charitable  objects".     (S.C.  X  4.) 

Places  of  religious  worship  may  be  exempted  by  law  when  not 

used   for  purposes  of  private   or   corporate  profit  or   income. 

(Ga.  VII  Sec.  II  2.) 

Property  used  exclusively  for  religious  purposes  may  be" exempted 

by  general  law.      (111.  IX  3;   Nebr.  IX  2;  N.D.  XI  176;  S.D. 

XI  6.) 
Property  used  exclusively  for  religious  purposes  to  be  exempt. 

(Kan.  XI  1;  Okla.  X  6.) 
Places  actually  used  for  religious  worship  "  with  the  grounds 
attached  thereto  and  used  and  appurtenant  to  the  house  of 
worship  "  not  exceeding  one-half  acre  in  cities  and  towns,  or 
two  acres  in  the  country,  to  be  exempt.  Parsonages  owned 
by  religious  society  and  occupied  solely  as  home  by  minister, 
with  appurtenant  ground  not  exceeding  one-half  acre  in  towns 
and  cities,  and  two  acres  in  country,  to  be  exempt.  (Ky.  170.) 
Places  of  religious  worship,  rectories  and  parsonages  or  churches 
and  grounds  appurtenant  used  exclusively  as  residences  for 
ministers  in  charge  of  such  churches  to  be  exempt  when  not 
leased  for  purposes  of  private  or  corporate  profit  or  income. 

(La,  230.) 
All  church  property  to  be  exempt.     (Minn.  IX  1;  N.M.  VIII  3.) 
All  churches  and  houses  of  worship  to  be  exempt.     (Minn.  IX  1.) 
Lots  in  incorporated  cities  or  towns,  or  within  one  mile  of  limits 
thereof  to  extent  of  one  acre  and  lots  one  mile  or  more  dis- 
tant from  such  cities  or  towns  to  extent  of  five  acres  with  the 


■ Index   Dig] 

TAXATION    (Cont'd) 
Exemptions  i  Cont'd) 

Religion,  Property  Devoted  to     | 
buildings    used    exolu  ivelj 
exempted"  bj  genera]  law. 
Property  used  ^eluaivelj 

"iay  be  exempted.     |  Mont  Ml 

Property  of  corporal -  fori 

exempted  by  law.     (Nev.  \  III 
Property  held  for  religious  purp  ' 

Houses  used  exclusively  for  pul 
general  laws,  subject   to 

Actual  places  of  religious  worship  ma 

lav 
Endowment  funds  of  institutions  of  • 

view  to  profit  -  and  when  > 

land  or  other  propertj    bought    in   by    hiu-Ji   ii 

foreclosure  sale   to   prot«  t    su<  h 

exempted    by    general    law;    but    the    ■ 

property  .so  bought  in  to  continue  onlj 

pui 

Property   held   and    used    for   purp 

- 
Lots  with  buildings  thereon  used  exclusive!) 

ship  to  lx>.  exempt.     (Utah  Mil  3;  W 
Lots  with  buildings  thereon  used  exclusive!) 

sonages"  (parsonages)  to  be  exempt 
Buildings  with  land  they  art  mill. 

nishings   therein,    lawfully    owned    b) 

bodies  and  wholly   and  exclusively 

or  for  residence  of  minister,  together  with 

sonably  necessary   for  convenient   use 

exempt;  but  legislature  maj  tax     Bu 

a  '•source  of  revenue  or  profit"  to  I*-  Ii  a* 

other  land  or  building  in   same 

Real  estate  belonging  to  and  exclusively 

property  including  endowment  fund-  )■ 

Christian    Association    and    similar    r>  : 

nunneries,  which  ai e  not  cond  i 

completelj  as  charities,  to  be  exempt;  ; 

Buildings  or  land  leaxd  >>i 

be  liable  to  taxation  as  other  land  ><t  I 

city  or  town,     i  \  a.  Mil 
Property  used  for  religious  pui 

Schools,   See   above,    t) 


1440  State  Constitutions 


TAXATION    (Cont'd) 

Exemptions  (Cont'd) 

Scientific  Instruments 

Legislature  may   exempt.      (X.C.  V   5.) 

Philosophical  apparatus  may  be  exempted  by  law  provided  not 
used   for   purposes   of   private   or   corporate   profit   or   income. 

(Ga.  VII  Sec.  II  2.) 
Philosophical  apparatus  to  be  exempt  when  not  leased  for  pur- 
poses  of   private   or   corporate   profit   or   income.      (La.   230.) 
Scientific  Purposes,  Property  Devoted  to 

Property  may  be  exempted  by  law  for.      ( Fla.  IX  1 ;  Ind.  X  1 ; 

Nev.  X  1;  Ore.  X  1;  S.C.  X  1.) 
Property  used  exclusively  for,  to  be  exempt.     (Kan.  XI  1.) 
Property  held  for  may  be  exempted.      (N.C.  V  5.) 
Property   held  and   used   for   purposes   purely   scientific   may  be 

exempted.      (Tenn.    II   28.) 
Property  used  for  may  be  exempted  by  law.     (W.Va.  XL) 
State  Property 

To  be   exempt.      (Ariz.   IX   2;    Cal.   XIII    1;    Ida.  VII   4;    Mont. 
XII  2;   N.M.  VIII   3;   X.C.  V  5;   Okla.   X   6;    Utah  XIII  3; 

Wash.  VII  2;  Wyo.  XV  12.) 
Real  and  personal  to  be  exempt.      (Ala.  IV  91;  Colo.  X  4;  Mo. 

X  6;  Nebr.  IX  2;   S.D.  XI  5.) 
Property  used  exclusively  for  state  purposes  to  be  exempt.      (Kan. 

XI   1.) 
Directly    or    indirectly    owned    by    state    however    held    to    be 

exempt.     (Va.  XIII  183  a.) 
Real  and  personal  may  be  exempted  by  general  law.      (111.  IX  3.) 
Property  held  by  state  and  "  used  exclusively  for  public  or  cor- 
poration purposes"  may  be  exempted.      (Tenn.  II  28.) 
Steamship  Companies,  See  above,  this  subdivision,  Corporations. 
Stocks,  See  above,  this  subdivision,  Corporations. 
Territorial  Laws,  Property  Exempt  Under 

All  property   not   specified   in   the   exemption   provisions  of  con- 
stitution  but   exempt   under   laws   of   territory   to   be   exempt 
until  otherwise  provided  by  law.      (Ida.  VII  5;   Okla.   X  6.) 
Town  Property 

To  be  exempt,      (Ida.  VII  4;  Mont.  XII  2;  X.M.  VIII  3;  Utah 

XIII  3;  Wyo.  XV  12.) 
Real  and  personal  to  be  exempt.      (Colo.  X  4.) 
Held    only    for    public    purposes    such    as    public    buildings    and 
sites  therefor,   fire  engines   and  "  furniture  thereof  ",   and  all 
property    used    or    intended    for    extinguishing    fires,    public 
grounds  and  all  other  property  devoted  exclusively  to  the  use 
and  benefit  of  the  public,  to  be  exempt.      (Tex.  XI  9.) 
Owned  by  town  and  used  exclusively  for  town  purposes,  to  be  ex- 
empt; buildings  or  land  leased  or  "a  source  of  revenue"  not 
to  be  exempt.     (Va.  XIII  183  a.) 
Property  held  by  towns  and  used  exclusively  for  public  or  cor- 
poration purposes  may  be  exempted.      (Tenn.  II  28.) 


l.\hi -.    hi. 


TAXATION    (Cont'd) 

Exemptions   (Cont'd) 
Township  Property 

I  sed  exclusively  for  public  purpi 

Trees 

Kruii  and  nut  bearin     ■ 
of  '•  planting  in  orchard  form  "  I 
article    to    be    construed    to    subj     I 

. 
United  States,  Property  of 

To  ho  exempt.     Mai.  \!ii    1 :   [da.  VI] 

XII  2;   X..M.  \  111   3;    \.|).   \|    i:,, 

Wash.  \  II 
Real  and  personal  to  be  exempl 
Federal  property  to  mpl         \ri. .  i  J 

Xo  tax  to  be  imposed  on  lands  of  I  • 

No  taxes  to  be  imposed  bj  on  land 

to  or  purchased  after  adoption  i 

No  taxes  to  be  imposed  on   lands  or 
purchased  by  United  Stati 
tion  constitution.    This  irrevi 
States.      (Ariz.  XX  Fifth;  Ida.  \\ 
X.M.    XXI    2:    X.D.    XV]    203     - 
Second,  XXVI   18  Second;   Utah   MI      J    .    v 

Vessels 

See  also  above,  this  subdivisi 
Of  more  than  50  tons  burden 
and  engaged  in  transportation   fi 
from  taxation  excepl  for  »ta1 

War  Veterans  —  Property  of 

To  amount  of  $1,000  to  be  exem.]  I    I 
diers,  sailors  or  marines  who 
their  widows,  father-  or   n. 
of  state;   if  veteran  does  ool    hav« 
much  of  his  wife'fl  pri 
person  claiming   this   exemption   own* 
erty,  or  in   ease   of   v<  teran  clain 
amount  of  propert;  •    -\!'l    !'i 

Widow's  Property 

Not  exceeding  $1, I  Bhall  bfl 

total  assessment  does  not 

To  value  of  $200  shall  b< 

ily  dependent  on  her  fox  supp 
Wearing  Apparel 

Legislature  may  exempt.     I  N.C.  \ 

4G 


i.  -■ 


J  4-t2  State  Constitutions 


TAXATION    {Cont'd) 
Uniformity 

"  Rule  of  taxation  shall  be  uniform."     (Wis.  VIII  1.) 

Legislature  to  tax  by  uniform  rule.      (Ohio  XII  2.) 

"All  taxation  shall  be  equal  and  uniform.  All  taxes  shall  be  uniform 
on  all  property."      (S.D.  VI   17,  XI  2.) 

All   taxation   to   be   "equal   and   uniform".    (Ore.   I    32;    Tex.    VIII 

l;Wyo.  I  28.) 

"Taxation    shall   be   uniform   and   equal   throughout   state."      (Miss. 

IV  112;   W.Va.  XL) 

All  property  subject  to  taxation  to  be  taxed  according  to  its  value, 
"  making    the    same    equal    and    uniform    throughout    the    state ". 

(Ark.  XVI  5.) 

Property  to  be  taxed  according  to  value  "  so  that  taxes  shall  be 
equal  and  uniform  throughout  the  state".     (Tenn.  II  28.) 

Taxes  levied  by  any  county,  city,  town  or  township  to  be  uniform 
and  ad  valorem  upon   all   property   except   property   exempted  by 

constitution.      (N.C.  VII  9.) 

Legislature  to  provide  by  law  uniform  rule  of  taxation  except  on 
property  paying  specific  tax.      (Mich.  X   3.) 

Legislature  to  provide  uniform  rule  of  taxation  for  property  assessed 
by  state  board  of  assessors,  and  the  rate  to  be  rate  which  board 
determines  as  average  rate  levied  upon  other  property  upon  which 
ad  valorem  taxes  are  assessed  for  city,  county,  township,  school 
and  municipal  purposes.      (Mich.  X  3.) 

All  taxes  shall  be  uniform  upon  the  same  class  of  subjects.  (Ga. 
VII  Sec.  II  1;  Minn.  IX  1;  N.M.  VIII   1;   Okla.  X  5.) 

Taxes  to  be  uniform  on  same  class  of  subjects  within  territorial 
limits  of  authority  levying.  (Ariz.  IX  1;  Colo.  X  3;  Del.  VIII  1; 
Ida.  VII  5;  Ky.  171;  Mo.  X  3;  Mont.  XII  11;   Pa.  IX  1.) 

Taxes  to  be  uniform  upon  same  class  of  property  including  franchises 
within  territorial  limits  of  authority  levying.      (X.D.  XI  176.) 

All  taxes  to  be  "  ad  valorem  on  all  property  subject  to  be  taxed  " 
within  territorial  limits  authority  levying.      (Ga.  VII  Sec.  II   1.) 

Taxation  to  lie  equal  and  uniform  through  territorial  limitation  of 
authority  levying  tax  and  all  property  to  be  taxed  in  proportion 
to  value  ascertained  as  directed  by  law.  Legislature  to  provide 
system  of  equality  and  uniformity  in  assessments  based  on  rela- 
tive value  of  property  in  different  parts  of  state.      (La.  225.) 

All  taxes  whether  state,  local  or  municipal,  to  be  uniform  upon  same 
chiss  of  subjects  within  territorial  limits  of  authority  levying  tax. 

(Va.  XIII  168.) 

Taxes  imposed  by  municipal  corporations  for  corporate  purposes 
other  than  local  improvements  required  to  be  uniform  in  respect  to 
persons  and  propertv  within  the  jurisdiction  of  the  body  imposing. 

(111.  IX  9;  Xebr.  IX  6.) 

Taxes  assessed  by  corporate  authorities  of  counties,  townships, 
school  districts,  cities,  towns  and  villages  for  corporate  purposes 
to  be  uniform  in  respect  to  persons  and  property  within  jurisdic- 
tion of  body  imposing.      (S.C.  VIII  6,  X  5.) 


' I  M  >  I   \     Die 

TAXATION    (Cont'd) 
Uniformity   {Cont'd) 

Taxes  levied  by   municipal  c. 
to  persona  and  property  within  thi 
tag  the  same".     (8.D.  XI  10;  w  isr,    \  U 
City,  town  and  village  tax.-  • 
and  property  within  jurisdiction 

Nothing  in  constitution  to  be 
property  for  purpose  of  taxation. 

No  species  of  propertj   from  which 
than  other  species  of  equal 
peddlers,    ferries,    expositions    and    pri 

Xo  species  of  taxable  propertj   to 
of  same  value,  but  this  >l 
diets  and  privileges.     (Tenn.  11  2£ 

No  species  of  property  from  which  a  t.<\  d 
higher  than  any  other  Bpeciee  oi   i  (U 
erty  may  be  exempted.     1WA.1 

"All  taxes  upon   real   and  personal   « 
this  state,  shall  be  apportioned  and 
the  just  value  thereof;  but  legislator 
tax  upon  intangible  personal   propertj 
wise  and  equitable   without    regard   to   I  ■  ■ 
classes  of  property."     (Me.  IX  8  Amend,   I 

"The  portion  of  a  merchant's  eapital    .->-«i  in  Ui 
chandise  sold  by  him  to  non-residi  i 
not  be  taxed  at  a  higher  rate  than  the 

-  Legislature  to  provide  uniform  and  equal  i    ■■ 

1; 
Legislature  to  provide  by   law  uniform   and   • 

on  all  property  in  state      (Wash.  VII  2 
Legislature  to  provide  uniform   and   i 

taxation.     (Kan.  XI   1:   NTev.   XI;1-1       '• 
Legislature  to  provide  bj   law   "a  uniform 

ment  and  taxation  on   all   propertj    in   th 

value  in  money  ".     (Utah  XTII  ! 
Legislature  t..  lew  uniform  rate  ■ 

Legislature  to  provide  for  a   uniform 

(Ind.  X  1;  K;m.  XI  1 ;  tfsv.  X  1.  Ore   l\        '■ 

Assessment  to  be  "by  uniform  rules" 
All  propert\   except  a-  otherw 

"  uniformly  assessed  for  taxatii 
Lands  of  citizens  of  Unit. 

taxed  at  higher  rate  than   lands  of   i 

N.D.  XVI  203   (2);  Okl*   I 


144-i  State  Constitutions 


TAXATION    (Cont'd) 

Uniformity   (Cont'd) 

Lands  of  citizens  of  United  States  residing  outside  the  state  not  to 
be  taxed  at  higher  rate  than  lands  of  residents;  this  irrepealable 
without  consent  United  States.  (Wyo.  Ord.  3;  S.D.  XXII  Second, 
XXVI  IS  Second;  Mont.  Ord.  No.  1(2)  ;  Nev.  Ord.  Ill  (3)  ;  Ida. 
XXI  19;  Wash.  XXVI  (2).) 
Lands  and  other  property  belonging  to  citizens  of  United  States 
non-residents  of  this  state  never  to  be  taxed  at  higher  rate  than 
lands  and  other  property  belonging  to  residents  of  state.  This 
irrevocable  without  consent  of  United  States.      (Ariz.  XX  Fifth; 

KM.  XXI  2.) 
Lands  of  non-residents  not  to  be  taxed  at  higher  rate  than  lands  of 

residents.     (Mo.  XIV  1.) 
Non-resident    proprietors    not   to   be    taxed    higher    than    residents. 

(Minn.   II   3;    Wis.   II   2.) 

"  No  distinction  shall  ever  be  made  by  law  between  resident  aliens  and 

citizens  as  to     *     *     *     taxation     *     *     *     of  property."     (Wyo. 

I  29.) 

"  No  distinction  shall  ever  be  made  by  law  between  resident  aliens 

and  citizens  in  reference  to  possession,  enjoyment  or  descent  of 

property."      (S.D.  VI  14.) 
Legislature  to  levy  taxes  by  valuation  so  that  every  person  or  cor- 
poration shall  pay  a  tax  in  proportion  to  the  value  of  his  or  her 
or  its  property  except  as  in  constitution  otherwise  provided.     All 
"property"  to  be  defined  and  classified  by  law.      (Ida.  VII  2,  3.) 
Rate  of  taxation  of  corporate  property  to  be  same  as  that  paid  on 

individual  property.      (Ky.  174.) 
Property  of  private  corporations,  associations  and  individuals  of  state 
"  shall  forever  be  taxed  at  the  same  rate  " ;  but  this  section  not  to 
apply  to  institutions  devoted  exclusively  to  religious,  educational 
or  charitable  purposes.     (Ala.  XI  217.) 
Legislative  provision  for  taxation  by  Chicago  to  be  "  in  accordance 
with  the  principles  of  equality  and  uniformity  "  prescribed  by  con- 
stitution.     (111.  IV  34.) 
Initiative  and  referendum  not  to  be  used  to  pass  law  authorizing  levy 
of  annual  tax  on  land  or  land  values  or  land  sites  at  higher  rate  or 
by   difi'erent  rule  than  is  applied  to  improvements  or  to  personal 

property.      (Ohio  II  1  e.) 

Legislature  may  allow  lower  rate  to  be  imposed  for  period  of  years 

by  city  or  town  on  land  added  to  corporate  limits  than  is  imposed 

on  similar  land  within  its  limits  at  time  such  land  was  added.     (Va. 

XIII  169.) 
Special  Assessments 

Under  this  heading  are  digested  only  those  provisions  relating 
specifically  to  assessments  for  benefits.  For  numerous  provisions 
relating  to  taxation  ivhicli  may  also  relate  to  special  assess- 
ments. See  above,  tins  title  generally. 


J.M'; 


TAXATION    [Cont'd) 
Special  Assi 

N<>  city,  town  or  oilier  munii  ip«]  l 
or  street    paving  01 
value  of  assessed  [  i 

Laws  may  authorize  incorporad 
local  i ir 1 1 > i  u\  ement  -  \<; 

Qui'-1  ions  upon  special  asscssim 
erty  taxpayers;  who  shall  also  in  all  • 

of  the  stale,  and  of  the  polit  ic 

■ 

Nothing  in.  const  iiut  ion  to  bi 
thorizing 
under    regulations    j  i 

majority  in  value  of  pr -r1  .    h     l< 

locality  tti  be  affected.     Such 

After   filing  i  barter   frarn 

town  maj   provide  a 

of  special  as'si  •  l>\   mi 

officials  as  provided  in 
Legislature   may   a    ' 

improvements 

tiguous  property    or  othei 
Legislature    may    authorizi 

upon  properly  benefited   special 

maintenance  and  repair  of  drains,  dil 

Legislature  may  authorize  munii  ipal 
for   local    improvement     on    pi 

Legislature  may  authorize  corp 

village  s    to   make    local    impi 

special  taxation  of 
Legislature  may  authorize  count 

and  colled  ■  -nt-  foi 

fited    thereby,    "homest< 

Legislature  to  provide 
benefited  "   bj    lev< 
produced    thereon    to 
necessarily  incurred  in 

Municipality  appropriating 
may  provide  mon  3   th"  •■  I 
proper!  v  no\   in 


1446  State  Constitutions 


TAXATION    (Cont'd) 

Special  Assessments   (Cont'd) 

the  improvement,  but  such  assessments  shall  in  no  case  be  levied 
for   more   than    50   per   cent,    of   the   cost   of   such   appropriation. 

(Ohio   XVIII    11.) 

Specified   towns   authorized   to   levy   abutting   property   for   specified 

improvements  on  consent  majority  abutting  property  owners  and 

on  condition  that  corporate  authorities  pay  one-half  cost.      (S.C. 

X  15  a.) 
Corporate   authorities   specified   cities   and  towns   authorized  to  levy 
on   abutting   property   cost  of   specified    improvements   on   consent 
majority  abutting  owners  and  on  condition  that  corporate  author- 
ities pay  one-third  cost.     (S.C.  X  16.) 
Legislature   may    authorize    specified    cities    and   towns    to   levy   on 
abutting  property  for  street  improvements  on  consent  two-thirds 
abutting    property    owners    and    on    condition   that   corporate    au- 
thorities  pay   one-half   cost.      (S.C.   X   14.) 
Legislature    may    authorize    specified    cities    and    towns    to    levy    on 
abutting   property   for   street   improvements   on   consent    majority 
abutting  property  owners  on  condition  corporate  authority  to  pay 
one-third  cost.      (S.C.  X   16.) 
Legislature   may    authorize   corporate    authorities    specified   town   to 
levy  on   abutting  property  for   street  improvements  on   consent  of 
two-thirds    abutting    property    owners    and    on    condition    corpo- 
rate authority  to  pay  one-half  cost.      (S.C.  X   17.) 
Legislature  to  provide  for  equitable  assessments  of  lands  drained  to 
pay    necessary    expenses    of    condemnation    and    drainage.       (S.C. 

Amend.   1. ) 
Legislature   may   vest    corporate    authorities   of    counties,    townships 
and    municipalities    with    power    to    construct    and    repair    levees, 
drains   and    ditches   by    special    assessment    on    property    benefited 
according   to   benefits   received.      (S.D.   XXI    6.) 
Legislature  may  authorize  cities,  towns  and  villages  to  make  local 
improvements  by  special  taxation  of  contiguous  property  or  other- 
wise.     (S.D.  XI   10.) 
Except  in  cities  and  towns  no  taxes  or  assessments  for  local  public 
improvement  to  be  imposed  on   abutting  land  owners;    cities   and 
towns   not   to   impose   tax   or   assessment   on   abutting   land   own- 
ers for  street  or  other  public  local  improvements  except  for  mak- 
ing an  improvement  on  walkways  upon  then  existing  streets,  im- 
proving and  paving  then  existing  alleys   and   for   construction   or 
use  of  sewers,  and  tax  or  assessment  not  to  exceed  peculiar  bene- 
fits resulting  to  abutting  land  owners.      (Va.  XIII  170.) 
TAXING  DISTRICTS 

For  provisions    relating    to   power   of   such    districts    to    incur   debt,    See 

Districts  —  Taxixg  Districts. 
TELEGRAPH  COMPANIES 

See  also  Transmission  Companies. 

For  provisions  relating  to  all  common  carriers.  See  Common  Carriers. 
For   provisions   relating    to   all   public   service   corporations,    See    Piblic 

Service  Corporations. 


l.NT.I.X     |),, 


TELEGRAPH  COMPANIES   [ConV 

For  provisims  relating  to  all  r.„  ,„.,.,!  h»im»w». 

Acceptance  oi    Stati    CoNwmrnon 
Must  be  filed  in  office  of  secretary  oi 
of    any    future    legislation.      (WjTO     \     I 
Appeals  to  Courts 

From    orders,    etc.,    of 
amount;    cases    tried    summarily     u 
other  eases.      (La 
Right  of  appeal   on    rate«   fixed   bj  id 

commissioners  allowed;   r.v 

\  i: 
Removal    of    cases    involving    or. I 
lowed;  such  cases  given  pr< 

As   Common  Carriers 

Declared  to  be  common  carriers.     (Wyo    \   I 

roi 
Declared    to    be    common    carriers,    and  »» 

(Ariz.  XV  ID:   Ky.   l'.i'i;   \  |.    \ll    142;   W 
Declared   to   be   common   earrii 

\1   M.   VII        ■ 
Declared   to   be   common   carriers    vrhen    pnpn 
hire  and  subject  to  liability  and   • 
Consent  of  Local  Authorities 

No  law  to  be  passed  by  legislatun 

operate   telegraph    plant,    without    first    obi 

authorities   in   control   of    -  b# 

occupied   for   any   such   or   like    purpow  8.'       '  • 

To  construction  and  operation  in  cities,  mui 

lages,  See  the  subhead  Publk     I  mini--   ymim    |J 

CONSOLIDATION 

Not    to   consolidate   or    pool    with,    purcl 

• 

Not    to    consolidate    stock,    property,    fnu 

parallel    or    competing    lines.       Nebi      XI 
Not  to  consolidate  with   or   hold   oontrollii 

bonds   of   any   competing    telegraph    i 

any  competing  "  line  of  telegraph' 
Not   to   consolidate    with   or   hold    controlling 

bonds  of  anv  competing  fcelegrapfc 

to  acquire  anv  competing  "line  of  telegi  iph 

\:  « 

Requires,  in  all  cases,  80 

prescribed   by   law.      I  Nebr;    XI 
Connections.  8m    beUne,  thia  Htl;   POWM    I 

f  RFATIOX 

Corporate  powers  and   privileg 
state,   as    prescribed    bv    law.   or    I 
he  is  disqualified.     <<;...    Ill    S*     VT1 


1448  State  Constitutions 


TELEGRAPH  COMPANIES   (Cont'd) 

Discrimination,  See  below,   this   title,  Powebs  and  Duties. 
Eminent  Domain,  See  Eminent  Domain. 
Foreign   Telegraph   Companies 

Must  have  agent   to  receive  process  in  each  county  touched   by  line 

as    prerequisite   to   doing   business.      (Wyo.   X   Railroads    8.) 
Must   incorporate  under   domestic   law,  to   exercise   right   of  eminent 

domain.      (Okla.  IX  31.) 
Franks  and  Reduced  Rates,  See  belmo,   this   title,  Rates. 
Legislative  Control 

Legislature  may  regulate  and  control  rates  but  with  right  of  appeal 

to  courts.     (N.D.  VII  142.) 
Legislature   shall   regulate   charges ;    no    state   officer   concerned   with 
regulation   to   be    selected   by   corporation   or   be   officer   or   stock- 
holder thereof.      (Cal.  IV  33.) 
Legislature    to    correct    and    prevent    discrimination    in    charges    to 
extent   of   forfeiture    of    property   and    franchises.      (Nebr.    XI    7.) 
Legislature    to    pass    laws    to    regulate    and    limit    rates ;    officer    to 
regulate   or   limit   such   rates   not   to  be   selected   by   an    officer   or 
stockholder    in    corporations    regulated.      (Cal.    IV    32.) 
Legislature     to     prevent     abuses,     discrimination     and     extortion     in 
charges   and    exercise   supervision;    to   provide   penalties   to   extent 
of    forfeiture    of    franchise.      (Miss.    VII    186.) 
Municipal  Aid,  See  "  Cities",  "  Counties",  "  Districts",  "Municipali- 
ties ",    "  Towns  ",    "  Townships  ",    and   "  Education  —  School    Dis- 
tricts ". 
Penalties 

Penalty    for    unlawful    rates    or    violating    orders    of    railroad    com- 
mission, $100  to  $5,000.      (La.  286.) 
Powers  and  Duties 

Associations,    corporations    or    lessees    of    franchises    organized    for 

purpose    may    construct    and    maintain    lines    and    connect    with 

other   lines.      (Wyo.    X   Railroads   7.) 
Associations    or    corporations    organized    for    purpose    may    construct 

and  operate  lines  between  any  points,  connect   at  state  lines  and 

intersect,  connect  with  or  cross  other  lines.      (Okla.  IX  2.) 
Associations   or   corporations    organized    for   purpose   or    individuals 

may    construct   and   maintain    lines    and    connect    with'  other   lines; 

legislature   to   regulate   by   general    uniform    law.      (Ala.   XII   239; 

Colo.    XV    13;    Ida.    XI    13;    Mont.    XV    14;    Pa.    XVI    12;     S.D. 

XVII   11.) 
Associations    or   corporations   organized    for   purpose   or    individuals 

may    construct    and    maintain    lines;    must    receive    and    transmit 

each     other's     messages     without     delay     or     discrimination.      (Ky. 

190;  Wash.  XII  19.,) 
Lines    operated    for    hire    must    receive    and    transmit    each    other's 

messages    without    delay     or     discrimination     and     make     physical 

connections   with    other   lines.        (Okla.   IX    5.) 
Must  be  made  by  law  to  extend  same  equality  and  impartiality  to  all 

users    except   employees    and    their    families    and    ministers    of    the 

gospel.      (Wyo.   X   Railroads   2.) 


Lndi 


TELEGRAPH  COMPANIES    i  - 

POWERS    ami    |)i    i  ii  >    [Co 

Must,   if  operated   For   aire,  * 
Bages   without   del.,. 

prescribed   bj    commission.     (N.M.   Xi    10.) 
As  Public  Highways 

Declared   to   be   public   highways.     (Wy'o 
As  J'nsLic  Utilities 

Declared  to  lie  public   utilities   and   i 

Railroad    Rights 

Telegraph    companies    maj    construct    lin< 
railroads;  railroads  must  give  equal  i 

to  all  companies;  general  law   to  be  | 
Rates 

Fixed    and    controlled    by    railroad    comn 
shorter  than  longer  distance  ohlj    with  p< 

Fixed    and    controlled    by    Mate    corj 

consideration    "to    earnings,  m    » 

whole  within  the  slate  ".     |  N.M.  \|  7.  i 
For   same  kind  of   message  not   to 

ing  longer   distance,  except    that    air    lini 

in    certain    cases;    state    corporation    con 

other    rates;    exceptions   enumerated.      (N.M.    XI 
Free   or   reduced   rates  not    forbidden   in   Bervi 

eminent,  charities  or  destitute  or 
May  be  fixed  by   railroad   commission    u ; 

ferred  bj    I 
Member  of  legislature,   public  officer,  »r   : 

to   public  office,  not  to   receiv< 

or   discrimination   fur   himself  or   nnol  :Hc«  tad 

other  penalties  on  recipient   and  donor;  ii"  privil 

ing  hut  no   liability    if   compelled    to     • 
Public   officer   or   person   elected    or    a] 

lawrs  of  state  not   to  receive  or  acce] 

discrimination  for  himself  or  with  an 

other    penalties   on    recipient    and 

immunity  upbnj  testifying. 

When  fixed  by  railroad  commission 

penalty   payable   state   for  each 

||  | 

Right  of  Way 

Legislature   may  grant    easement    Of 
lands  as  right  of  way,   which 

.May    construct    lini 

to    : 

Rieht    of    eminent     domain  »" 

6  \9  I 


1450  State  Constitutions 


TELEGRAPH  COMPANIES    [Cont'd) 
State  Aid 

See     '•  State     Debt  —  Purposes  ",     ••  State     Finances  —  Expend- 
itures ", 
Ownership  of  stock,  See  Public  Property. 
Taxation 

See  Taxation  —  Objects  a.\d  Kinds  of  Taxation  —  Corporations. 
See  Taxation  —  Objects  and  Kinds  of  Taxation  —  Public  Utili- 
ties. 
See   Taxation  —  Local   Taxes  —  Authority. 
See    Taxation  —  Assessment  —  Corporate    Property. 
See     Taxation  —  Objects    and    Kinds    of    Taxation  —  Telegraph 

Interests  or  Business. 
TELEPHONE  COMPANIES 

See  also  Transmission    Companies. 

For  provisions  relating  to  all  common  carriers,  See  Common  Carriers. 
For   provisions    relating    to    all    public    service    corporations,    See    Public 

Service  Corporations. 
For  provisions  relating  to  all  corporations,  See  Corporations. 
Appeals  to  Courts 

From    orders,    etc.,    of    railroad    commission    allowed,    irrespective    of 
amount;  cases  tried  summarily  and  given  preference  over  all  other 

cases.      (La.  is:,.) 

Removal  of  cases  involving  orders  of  corporation  commission  allowed; 

such  cases  given  preference  and  heard  at  all  times.      (X.M.  XI  7.) 

Right   of   appeal   on   rates   fixed   by   legislature   or  hoard   of   railroad 

commissioners   allowed;    rates   fixed   stand   pending   appeal.      (N.D. 

VII   142.) 
As  Common  Carriers 

Declared  to  be  common  carriers.      (Wyo.  X  Corporations  7.) 
Declared    to    be    common    carriers,    and    subject    to    control    by    law. 

(Ariz.  XV  10;  N.D.  VII  142;  Wash.  XII  19.) 
Declared    to    be    common    carriers,    and    subject    to    liability    as    such. 

(Miss.  VII   195.) 
Connections,  See  below,  this  title,  Powers  and  Duties. 
Consent  of  Local  Authorities 

Xo  law  to  be  passed  by  legislature  granting  right  to  'construct  and 
operate  telephone  plant,  without  first  obtaining  consent  of  local 
authorities  in  control  of  streets  or  public  places  proposed  to  be 
occupied  for  any  such  or  like  purposes.  (S.C.  VIII  8.) 
To  construction  and  operation  in  cities,  municipalities,  towns  and 
villages,  See  the  subhead  Public  Utilities  under  the  specific  title. 
Consolidation 

Not    to    consolidate    or    pool    with,    purchase    or    operate,    parallel    or 

competing  lines.      (Ky.  201.) 

Not    to    consolidate    with    or    hold    controlling    interest    in    stocks    or 

bonds  of  any  competing  telegraph  or  telephone  company,  and  not  to 

acquire    any    competing   "line    of    telegraph    or    telephone."      (Ala. 

XII  239;   Mont.  XV  14.) 


TELEPHONE  COMPANIES   (Cont'd) 

Discmminations,  See  brf<  title,  i 

Eminent  Domain,  Set    I-.mim 
Fokkhjn  'I  i  i.Ki'iKiM    GoitPANlEa 

Must  Incorporate  trader  domestic  lav 

Franks  and  Redth  h>  Rates      ..   .• . 
legislative  (  ontbol 

Legislature  may  regulate  and  control  rat 

Legislature  to  prevent  abus< 

and  exercise  supervision  j   to  provide  penal! 

of 

Penalties 

['(■unity  for  unlawful   rates  or  violating  ord< 

on,  $100 
Powers  and  Duties 

Associations   or    corporations    organized    for    pui 
and  operate  lines  between   any   po     I 
intersect,  connect  with  or  cross  other  lines 
Associations  or   corporations   organized   for   pun 
may  construct  and  maintain  lines;     must   I 
other's  messages  without  delaj  or  discrimination. 
Associations  or  corporations  organized  f<  t  pur] 
construct  and  maintain   lines  and  connect   with  oil 
Iature  to  regulate  by  general  uniform  law.     (Ala.   NIT   239;   Ida. 

XI 
Lines  operated  for  hire  must   receive  and  transmit  • 
sages  without  delay   or  discrimination   and   n 

tion  w  ith  other  lin< 
Must,  if  operated  for  hire.  reoeiv(    and  transn    I 
without    delay    or    discrimination    and 

-ci  ili,  d   li\    commisc 
Where  operating  exchanges  or  other  publi 
and  cities   to   receive   and   transmit   i 

•  lay  or  d 
As  Public  Utilities 

Declared  to  be   public   nt il  • 

mission 

Railroad   Rights 

May  construct  lines  along  rights  of  « 

he 

Rates 

Appeals  to  courts.  See  nhorr,  this  Htl 
Free  or  reduced  rates  not   forbidd 

nient.  charities  or  destitute  of  ind 
Fixed  and  controlled  by   state  eorpoi    I     • 
sideration   "to  earnings,   hn 

within 


1452  State  Constitutions 


TELEPHONE  COMPANIES   (Cont'd) 
Kates   [Cont'd) 

For  same  kind  of  message  not  to  be  more  for  shorter  than  including 
longer  distance,  except  that  air  line  distance  may  be  basis  in  cer- 
tain cases;  state  corporation  commission  may  prescribe  other  rates; 
exceptions   enumerated.      (X.M.  XI   10.) 
May  be  fixed  by  railroad  commission  when  power  to  do  so  is  conferred 

by  legislature.  (Cal.  XII  23.) 
Member  of  legislature,  public  officer,  or  person  elected  or  appointed 
to  public  office,  not  to  receive  or  accept  pass,  franking  privilege  or 
discrimination  for  himself  or  another;  forfeiture  of  office  and  other 
penalities  on  recipient  and  donor;  no  privilege  from  testifying, 
but  no  liability  if  compelled  to  testify.  (La.  191.) 
Fixed  and  controlled  by  railroad  commission;  greater  charge  for 
shorter   than  longer  distance  only  with  permission  of  commission. 

(La.  284.) 

Legislative  control,  See  above,  this  title,  Legislative  Control. 

Public  officer  or  person  elected   or   appointed  to  public  office  under 

laws  of  state  not  to  receive  or  accept  pass,  franking  privilege  or 

discrimination    for   himself   or   with    another;    forfeiture   of   office 

and   other   penalties   on   recipient   and   donor;    no   privilege   from, 

but  immunity  upon,  testifying.      (X.Y.  XIII  5.) 

When  fixed  by  railroad  commission  remain  in  effect  until  set  aside; 

penalty   payable   state  for   each  day   sustained   rate  was  suspended 

by  suit.      (La.  286.) 
Right  of  Way 

Legislature  may  grant  easement   of   125   feet  in   width   across   state 
lands  as   right  of  way,  which  land  shall  not  be  disposed  of  while 

easement  exists.      (Ala.  IV  99.) 
May  construct  lines  along  rights  of  way  of  railroads;  general  law  to 

be  passed  thereon.     (Wash.  XII  19.) 
Right  of  eminent  domain  extended  to  all  telephone  companies.     (Wash. 

XII  19.) 
Taxation 

See  Taxation  —  Objects  and  Kinds  of  Taxation  —  Corporations. 
See  Taxation  —  Objects  and  Kinds  of  Taxation  —  Public  Uttli- 

ttes. 
See  Taxation  —  Local  Taxes  —  Authority. 
See  Taxation  —  Assessment — Corporate  Property. 

TERRITORIAL  JURISDICTION 

Concurrent  jurisdiction  on  boundary  rivers,  See  Waters  —  Boundaries  of 

State. 
Boundaries 

Water  boundaries.  See  Waters  —  Boundaries  of  State. 
Boundaries  defined.  (Ala.  II  37;  Ariz.  I;  Ark.  I;  Cal.  XXI;  Colo.  I; 
Fla.  I;  Ida.  XVII  1;  111.  I;  Ind.  XIV;  Kan.  Preamble;  Mich.  I  1; 
Minn.  II  1;  Miss.  II  3;  Mont.  I;  Xev.  XIV  1;  X.M.  I;  N.D.  XVII 
206;  Ore.  XVI  1;  S.D.  I  2;  Tenn.  I  31;  Utah  II  1;  Wash.  XXIV  1; 
W.Va.  II   1:   Wyo.  XI  1.) 


■ 1 

TERRITORIAL  JTJRISDICTIO:. 
BorxDARii 

Boundary 

Boundari* 

Boundarh - 

Boundaries  to  be  and   remain 
Congress  may   make 

Extension 

If   foreign    territory 

thereof  rights  and  pri  :  ••. 

inconsistent    w  i 
money   in  • 

Additional  territory  ma\ 
with  consent  (  : 

O!.     ' 

Limit?    and    jurisdiction 
territory  now  aeqi 
pact  or  agreement  with  ol 
eluded  in  boundaries  d 

Legislature  may  consent  I 
to  make  same  part  of 
boundaries  betwei  i 

TITLES  OF  NOBILITY,  See  Hereditary  Die 

TOWNS 

T'n  ■         title  a 

class  of  municipalities.     I 

erally,  and  hence  to  tl 

•   also  Townsui 
Incorporation  an;- 


For  provisions   <■ 

Ml-NIC  I!-AL    H( 

In  General 

Legislatur 
Legisl  itui 

islature 

neral   la 

neral  Ian  *-  *n  ' 


1-lo-i  State  Constitutions 


TOWNS    (Cont'd) 

Incorporation  and  Organization    (Cont'd) 
In  General   (Cont'd) 

Legislature    to    provide    for    incorporation    and    organization    by 
general  laws  subject  to  provisions  of  this  article.      (Ariz.  XIII 

1;  Okla.  XVIII  1.) 
Legislature  by  general  law  to  provide  for  organization  of  incor- 
porated towns.      (Ark.  XII  3.) 
Special  or  local  legislation  for  incorporation  of,  forbidden.     (Ariz. 
IV  19,  17;   111.  IV  22;  Mo.  IV  53;  Nebr.  Ill  15;   N.M.  IV  24; 
N.D.  II  69;  Okla.  V  46;  S.C.  Ill  34;  ,S.D.  Ill  23;  Tex.  Ill  56; 

Wyo.  Ill  27.) 
Private    or    special    legislation    for    incorporation    of,    forbidden. 

(Ala.  IV  104;  Iowa  III  30;  Utah  VI  26,  12;  Wis.  IV  31.) 
Until    otherwise    provided   by    law    to    "  continue    their    corporate 
existence  under  the  laws  extended  in  force  in  the  state  " ;  valid 
ordinances    to    continue    in    force    until    altered,    amended    or 

repealed.      (Okla.   Sched.    10.) 

Legislature  to  provide  for  organization  by  general  laws.      (Colo. 

XIV  13;  Kan.  XII  5;  Mo.  IX  7;  Nev.  VIII  8;  N.C.  XIII  4.) 

Organization  of  each  class  to  be  provided  for  by  general  laws  "  so 

that  all  municipal  corporations  of  the  same  class  shall  possess 

the   same   powers   and   be   subject   to   the   same   restrictions ". 

(Ky.  150.) 
Legislature   required    to   pass    within    time   fixed    by   constitution 
general   laws  for  government  of  towns  in  accordance  with   con- 
stitution.    All   acts  of  incorporation  and   amendments  prior  to 
constitution  except  that  respecting  election  of  officers  as  pro- 
vided by  the  constitution  to  continue  in  force  until  legislature 
provides  by  general  law  for  government  of;  and  time  limit  fixed 
within   which  legislature  required  to  provide  therefor  by  gen- 
eral laws.      (Ky.   166.) 
Legislature    to    pass    general    laws    under    which    towns    may    be 
chartered   and   charters   amended,   all   of  which    are   subject   to 
repeal    or   amendment.      (Miss.    IV    88.) 
Special  or  local  legislation  for  amendment  of  charters,  forbidden. 
(Ariz.  IV  19,  17;  111.  IV  22:  Mo.  TV  53:  Nebr.  Ill  15;  N.M.  IV 
24;   N.D.  IT  69;   Okla.  V  46;   S.C.  Ill  34;   S.D.   Ill  23;   Tex. 

Ill  56;  Wyo.  Ill  27.) 
Special    or   private    legislation    for    amendment   of   charters,    for- 
bidden.     (Utah  VI   12,  26;   Wis.  IV  31.) 
Towns   having  5.000  population  or  less  "may  be  chartered  alone 

by  general  law".    (    Tex.  XI  4.) 

Legislature    to    establish    "but    one    system    of    town    government 

which    shall    be    as   nearly    uniform    as    practicable".       (Wis. 

IV  23.) 
Legislature   not    to   enact    indirectly   any   special    or   local   act  by 

exempting  from  the  operation  of  a  general  act.      (Ky.  60 . ) 
Private    or    special    legislation    for    incorporation    or    amending 
charters   of.    forbidden.      (Wash.    II   28.    8.) 


Iniw.x   Dig 


TOWNS   (Cont'd) 

[NCOEPORATIOK     am.    ORGANIZATION     i< 

In  General   (Cont'd) 

Incorporation  and  amendmeirl  of  aha 

islation  id  towns  ooafcaindag  population  til 

Local  and  private  act*  passed  for  tl,. 

with   supremo  lav    01    tins  con 
pealed  prior  its  adoption  to  hai 
judicial  decision  as  to  validity  «rh<  n  i    • 
imposed  by  their  own  tern  \  1 1  > 

Nothing  in  legislative  apportlonmenl   pri 
to  prevent  division  of  towns  or  ei 
• 

Legislature,  eir  people  \>\   initiative,  nay  ens  ral  Uw  | 

viding  method   whereby   incorporated  town  n 
charter  and  bo  merged  into  adjoining  town,  i  •   I 
of  electors  of  each  incorporated  city,  town  or  mm 
ration   affected   authorize   snub    surrei 

XI 

All  incorporated  communities  having  a  popul  I 
5,000  to  be  town?.    In  determining  population 
governed   by   last   Unit       Stal 
under  it-  own  authority.      Nothing  in  Bectl 
repeal   charter   of    any    incorporated    community 
charter   at    time   of   adoption   of   constitution       1 
enact  genera]  laws  for  organisation  a' 
and    no   special    act    to  ed    in    relation    • 

manner  provided   in  article  IV  and  t!- 
of  two-thirds  of  members  elected  to  each  houst .     Bat 
having   at   time   of   adoption   of   tlii<=   amei 
charter   may    retain   Ban  pi    BO   fai      B   it   I 

or  amended    by    legislature,    provided    I 
is   hereby    amended    tn   conform    to   constituti 
may,   however,   depart    from    form   of 
ment  prescribed  in  this  article  and  providt 
cipal  government  as  it  deems  beat,  bul   in  - 
operative  except    in   cities  adoptii 
Laws  or  charters  enacted  pursuanl   t"  pi 

tioil     tn     he      3UbjeCl      In      J.I  .  >\  |~|.   I   - 

judges,    elerks    of    ..nut-,    attorm 
commissioners  of  revenue,        \       VIIl    116     M7 
Legislature  to  provide  t.\  general  laws   foi 
tion  of  corporate  limits  an  '■   i 

Tho<e  organized   prior  to  adoption  •' 
under  general  laws  passed  for  th  il  ;• 
of  electors  voting 
organize  in  conformity  therewiUk"       I 


1456  State  Constitutions 


TOWNS    (Cont'd) 

Incorporation  and  Organization    (Cont'd) 
In  General   (Cont'd) 

Towns  incorporated  prior  to  adoption  of  constitution  may  become 
organized  under  general  laws  for  incorporation,  organization 
and  classification  of  towns  whenever  majority  electors  at  general 
election    shall    determine   under    provisions    therefor    made   by 

legislature.      (Ida.  XII   1.) 

Towns  existing  under  special  charters  or  general  laws  of  territory 
may   abandon   charter    and   reorganize   under   general   laws   of 

state.     (Wyo.  XIII  1.) 

Towns  existing  under  special  charter  time  adoption  of  constitution 
may  be  reorganized  under  general  laws  and  when  so  reorganized 
special   charters  to  cease.      (S.C.  VIII   1.) 

Not  to  be  organized  without  consent  of  majority  of  electors  resid- 
ing and  entitled  to  vote  within  district  proposed  to  be  incor- 
porated. Such  consent  to  be  ascertained  in  manner  and  under 
regulations  prescribed  by  law.      (S.C.  VIII  2.) 

Legislature  to  make  provision  by  general  law  whereby  towns  in- 
corporated by  special  or  local  law  may  elect  to  become  subject 
to  and  be  governed  by  general  law  relating  to  such  corporations. 

(Colo.  XIV  14;  Mo.  IX  7.) 
Classification 

Legislature  by  general  laws  to  provide  for  in  proportion  to  popu- 
lation  subject   to   provisions   of   this   article.      (Ariz.   XIII    1; 

Okla.  XVIII  1.) 

Legislature  to  provide  by  general  laws  in  proportion  to  popula- 
tion, which  laws  may  be  altered,  amended  or  repealed.  (Cal. 
XI  6;   Utah  XI  5;    Wash.   XI   10.) 

Legislature  to  provide  for  by  general  laws  in  proportion  to  popu- 
lation,  which   laws   may  be   altered,   amended   or   repealed   by 

general  laws.      (Ida.  XII  1.) 

Legislature  to  provide  by  general  laws  for  not  exceeding  four 
classes.      (Colo.  XIV  13;   Mo.  IX  7.) 

"  For  the  purposes  of  their  organization  and  government "  cities 
and  towns  to  be  divided  into  six  classes:  1st  class,  cities  of 
100,000  or  more;  2d  class,  cities  of  20,000  and  less  than  100,000; 
3d  class,  cities  and  towns  with  8,000  and  less  than  20,000;  4th 
class,  cities  and  towns  with  3,000  and  less  than  8,000;  5th 
class,  cities  and  towns  with  1,000  and  less  than  3,000;  6th 
class,  towns  with  less  than  1,000.  Legislature  to  assign  new 
towns  to  proper  classes  at  first  session  after  their  organization 

..  and  change  as  population  increases  or  decreases;  and  in 
absence  of  other  satisfactory  evidence  of  population  to  be 
governed  by  last  United  States  census;  and  no  transfer  from 
one  class  to  another  to  be  made  except  by  law  previously  passed 
and  providing  therefor.       (Ky.    156.) 

Officers 

See  also  Public  Officers. 


■ I  \ 

TOWNS   (Cont'd) 

Officers  (Cont'd) 
In  General 

Legislature   maj    provide 
county   offii 
townfe  when  n 
or  speciad  eleotioi 
Charters  maj    bj 
pepfottnatice  bj   com  I 
wlifii  discharge  of  suofa  fu 
or  by  count >   diai  •■ 
Accounting  for  Public  Funds 

Sec  also  hi  low,  th\  • 

No  collector  or  bis  a 
for  town  to  be  eiigibli 
ilt ction  he  <> 
moneys  for  which  he  in  ri»s 

To  be  required  by  law    to 
and  to  paj    into  pro 
to  collect  siK'li   fees  shall   I 

"Being  a  defaulter"   to   town 

office  of  tru>t .  profil  01    ho 
To  be  required  bj    law  to  I 
treasury   all    fees   colli 

collect  shall   be    I 

Compensation 

See  also  below,  this   titte,    I 

a  eons  Upon  —  Extra  >  ■ 
Not  to  be  increased  afti 
Not  to  be  changed  aft< 

All  officer-  exci  pi    - 

To  be  paid  "  fixed  and  definil 
fixed  by  constitution  and  b 
the  services  rendered  ;ind  1 1  > 
No  town  officer  to 
than  $6jO00  ')  n<  I   |  n  B1 
in   etcoss   <>i   i'  i 
directed  bv  appropriate 
Corrupt  Practices,  8t  e  bi 
Creation  of  Offices 
Special  i  local 

Election 

See  also  EUKfflOH 
ctmen  to  b. 


f5C 


tines  zad  im  ■auaaer  prescribed  ay  lav.      |  Coes.  V~ 
Special  or  local  fcg.i  lilioo  pt'-n^aiag  nr  cbifriaa  si  ■iwbprs  af 
board  af  ayiiam  of  iaearparaxed  tovas  sotaaoaVea.  (DL  IV 

±2:   VJD.  H  ».) 

•  :       :       •  - 


-  _-  -     -  rr  _:::■    x 

: .  -   i  "     —   : : :   - 

"  - : 


bo  eleetioo.  xo  be  awalififj  ta  voce  far  mayac        Tea:.  VI  J. . 


iaiiialiie   of   reaacwfame   is    lesi^atare  of  ton   afieeted; 

-         -  -  -  .    .  _-  -  -i       -----  .  -  -j  -  -       -  -   ;        1  = 

H3tL) 


be  dec:-  .  Vi_ 

a  excess   :-:   imail   x.  :  be  paid  brio 

proper  tzeascr 

Pi:e  ::    Ifl:- 

-  -    .      ----:  —       -       ■    -  -      -.— 

":  -:    z-   ;-, 

-    i:i    I  ::  -: 

r-Tzrzm  seeb  as  preserftee*  by  hv.     f  laeL  VI 
-  ->edal  aad  local  legislatigai  preaainiag  ptJ»q^  aad  <fcn5e*  of. 
Imbbklea.     <  Okl*.  V  -  -      Ten.  HI  St 
i ..irirrrs   ^r:    I    :::''--^-:is 

TeaaraJ 

......... 

-  :  ------  ■;  -- 


I.M'l    \      |>|,.|  M 


TOWNS   (Cont'd) 

Officers   [Cont'd* 

Qualifications  and  Disqualification 
In  General  (Ooni 
constitutioi 
residence  to  ol 

Dual  Office  Holding 
No  Btate  offici  i 
officer  or  empli 

militii i  to  I  ■ 

Persons  boldinj 
apjpoini 
Removal 

Mayors,  intendant  -  and  all 
maj   be  rempved  bj 
or    criminal    court    ol 
office    as    presi  ribed    bj     law . 
ful    neglecl     of    dutj .    coi ! 
or   intemperance   in   the   u 
cotics  to  such  an  extent,  in  v 
and  importance  of  n-  dui  • 
charge   of   such   duties,   01 
turpitude   while   in   offi  i 
or  connected   therewith  ",   prut  i<h  d.   il 
and   appeal    be    secured,     P 
moval  and  disqualification  fron 
of   state   tor   term   for   which 
pointed,   but   accused   to  be   liable   I 
nun!  as  pre!  lb)   law 

May    b 

Legislatufti    : 
Legislature  to  pro- 

011    conviction    of    wilfu 

neglecl   of 

Residence 

Must  reside  in  town.       N 

Selection 

If  not  |  f6r  bj 

town  of  division   I 
authorities  as   l< 

,,'  executive  to 
4th.  feth  .ml I  6th  rl 

Other  thai 
by  qualified  rtti 

,1  law   ■ 


1460  State  Constitutions 


TOWNS   (Cont'd) 

Officers   (Cont'd) 
Term 

Not  to  be  extended  beyond  periods  for  which  elected  or  appointed. 

(Oat  XI  9;   Ky.   160:    Wash.  XI  8.) 
Of  chief  executive  and  of  elected  officers  other  than  members  of 
councils  to  be  four  years  and  until  successors  qualified.      (Ky. 

160.) 
Vacancies 

To  be  filled  in  manner  prescribed  by  law.      i  Ind.  VI  9:  Ky.  160.) 
Employees 

Set    also  Labor  —  Public  Work. 

Xo  state  officer  or  deputy  or  member  of  legislature  to  be  employee  of 
a  town;   but  notary  public  or  officer  of  militia  not  to  be  ineligible. 

(Ky.  165.) 

Legislature  may   regulate   and   fix  wages   and   salaries   and   hours   of 

work    and    make   provision    for    protection,    welfare    and    safety    of. 

(X.Y.  XII   1.) 
Corrupt  Practices 

Illegal  Use  of  Funds 

Making  a  profit  out  of  or  using  for  purpose  not  authorized  by 
law  by  any  officer  having  possession  or  control  thereof  to  be 
felony;   prosecuted  and  punished  as  prescribed  by  law.      (Cal. 

XI  17.) 
Receiving  any  interest,  profit  or  perquisite  arising  from  use  or 
loan  of  public  funds  in  his  hands  or  moneys  to  be  raised 
through  his  agency  for  state,  city,  town,  district  or  county 
purposes  to  be  felony,  punished  as  pre=cribed  by  law,  including 
disqualifications  to  hold  office.  (Ky.  173;  Okla.  X  11.) 
Making  profit  out  of  or  using  for  unauthorized  purposes  by  public 
officer   to  be   felony   and   punished   as   provided   by   law.      (Mo. 

X  17.) 
Making   profit    out   of,    directly    or    indirectly,    or    using    for    un- 
authorized purpose  to  be  felony  and  punished  as  provided  by 

law.  (S.D.  XI  11.) 
Making  profit  out  of  or  unauthorized  use  of  by  officers  having 
possession  or  control  to  be  felony  and  to  be-  punished  as 
prescribed  by  law.  (Wash.  XI  14.) 
Making  profit  directly  or  indirectly  out  of  town  money  or  other 
public  fund  or  using  same  for  purpose  not  authorized  by  law 
by  any  public  officer  to  be  felony  punished  as  provided  by  law. 

(Wyo.   XV  8.) 
Interest  in  Contracts 

Xo    public    officer    or    member    of    legislature    to    Be    interested 
directly  or  indirectly  in  contracts  authorized  by  any  law  passed 
or  order  made  bv  board  of  which  he  is  or  was  member  during 
term  for  which  he  was  chosen  or  within  one  year  after  termina- 
tion of  term.     (Miss.  IV  109.) 


. 


TOWNS   (ConVd) 

Corrupt  Practici  './ i 

Free  Transportation 

.    alto  l'i  in  [c  Opi 
(  ocrhmon  carrier  forbiddi  n  to 
officer  forbidden  to 

Candidates  or  incuinbt  a 
ol  town,  forbidden  I 
privilege   withheld   from   other 

person    or    pre; 

penalty  of  punishment  for  briber] 
the  vacation  of  hi?  offici 
but  not  to  1  ■  cuted  or  pui 

which    be    was    requiri 

Powers  and  Rights 

See  also  this  title  generally. 
For  provisions   relating  to  po 
MixicirAL  Home  Rule — Pow 

For  provisions  relating  to  taxation,  Bet    I  UU 
For    provisions    relating    to 

Taxation  —  Special  Assessmj  rts, 
For  provisions  relating   to  sale  of  liquor 
In  General 

Authorized  to  make  and  enforce  within  la  all  su 

police,   sanitary    and   other 
with  general  law,     (Cai.  XI  11;  Wash.  XI  II.) 
Ma\   make  and  enforce  within  its  limits  BUcb 
and  otlier  regulations  as  arc  not  in 

Powers  of  each  class  to  be  defined   bj 

municipal   corporations  of  the  Ban  11  po** 

powers  and  be  sul 

Legislature  may  by  general  law   confer    U] 

powers  of  local  and  special 

inconsistent  with  constitution 
Legislature   to   delegate   m 

for  location  of  Chinese  within     i 

for  removal  of  (  binese  wii 
Right  to  reasonable  conl 

reserved  to  town.      (Mich.  VIII  K 
Incorporated  towns  Of   1,1 

for   specified    purposes    &»    i,: 

grounds  and  other  pul 

may  be  within  or 

pa 


1462  State  Constitutions 


TOWNS    (Cont'd) 

Powers  and  Rights    (Cont'd) 
In  General    (Cont'd) 

Legislature  may  authorize  support  and  maintenance  of  Protestant 
teachers  of  piety,  religion  and  morality.     (N.H.  I  6.) 

Restrictions  Upon 
In  General 

All  limitations  of  powers  of  councils  imposed  by  this  article 
to  apply  in  like  manner  to  principal  legislative  authority 
under  any  form  of  government  authorized  hereunder,  and 
term  council  to  be  construed  to  include  anybody  vested 
with  principal  legislative  authority  of  municipality.      (Va. 

VIII  117.) 
Rights  in  and  to  water  front,  wharves,  public  landings, 
docks,  streets,  avenues,  parks,  bridges  and  other  public 
places,  and  its  gas,  water  and  electric  works,  not  to  be 
sold  except  by  ordinance  or  resolution.  (Detailed  pro- 
visions as  to  number  of  votes  necessary-  for  passage  and 
for  passage  over  veto.)  Nothing  herein  contained  to  pre- 
vent legislature  from  prescribing  additional  restrictions  on 
power  to  sell  or  lease  property  or  as  repealing  any  such 
restriction    now    required    in    any    existing   charter.      ( Va. 

VIII  125.) 
Stock  and  Bond  Holding 

Town  not  to  become  subscriber  to  or  shareholder  in  any 
corporation  or  company.      (Ariz.  IX  7;  Colo.  XI  2;  Mont. 

XIII  1;  N.D.  XII  185.) 
Not   to    become    shareholder    in   any    private   corporation    or 

company.      (Del.  VIII  8;  Wyo.  XVI  0.) 
Not   to  become   by   vote   of   its   citizens   or   otherwise   stock- 
.    holder  in  any  joint  stock  company,  corporation  or  associa- 
tion.     (Ida.  XII  4.) 
Not   to  become   subscriber   to  or   owner   of   stock   or    interest 
therein  of  any  railroad,  private  corporation  or  association. 

(Xebr.  XI  A   1.) 
Not  to  become  stockholder  in  joint  stock  company-,  corpora- 
tion   or    association    except    railroad     corporations,    com- 
panies or  associations.      (New  VIII   10.) 
Not   to   become   directly    or    indirectly    owner    of    stocks    or 
bonds  of  any  association,  company  or  corporation.      (N.J. 

I  10;  Wash.  VIII  7.) 
Not   to   become    "  stockholder   with   others "   in   company,    as- 
sociation or  corporation,  except  on  assent  of  three-fourths 
qualified  voters  voting  at  election  thereon.      (Tenn.  II  29.) 
Not  to  become  holder  of  corporate  stock  by  vote  of  citizens 

or  otherwise.      (Ore.  XI  9.) 
Not   to  become  stockholder   in   company,   association   or   cor- 
poration.     (Ark.  XII  5.) 


J.\iii.\   hi. 


TOWNS   [Cont'd] 

Powers  and  Righ  ra    (( 

Restrictions  Upon    (Coni 

took  and  Wn.nl   lint  i 

Not  to  Bubsci  ibe  I 
corporation;    but   this 
debts    incurred   on 

N<»t    to    become    direct  t) 

bonds    of    b  •!!    c,r    i 

pre\  ent  making  Bucb  pro\ . 

poor  ;i>   uia\    \h'   i . i- t . \  hi,  ,i   1,,  | 

Legislature   M"t    to  au 

poration,    association    or 

Legislature   not    t>>  authorize 
eorpoi  at  ion .  ation,  •  i 

Legislature  nol    to  aul 
become   stockholder    in   an; 

Legislature  nof  t<>  authorise  t"  aid  in 

tion  "  li ;» \  i i i^r  for  it-  object  :i  Hi\ 

ing  it-  stocks  or  bonds,      (N.H.  II 
No  law   to  authorize  becoming   stockholdi 

bj   vot«   i>t  citizens  •  •!  otherwise;  bul  I 

insuring  public  buildings  in  mutv 

Legislature  not   to  authorize  t"\\n   t( 
bond   in   aid   of  any    railroad, 
individual  or  corporate  entei  pi 

\  1 

Subscription  to  capital  stock  of  anj   • 
poration  forbidden,  bul   this  nol    I 
such  subscription  w  hen  authorised  ui 
90te  of  people  prim  ption  of  I 

Amend.    1870  —  Municipal    S 

Not  to  subscribe  to  stock  • 
corporation;  l.nt  this  dot  - 
(l,'l)t^  incurred  emdeT  laws  ■ 
nol   bo  be  construed  to  prohibit 
ing  town  to  proteel   bj 
road     debl      contracted     prioi      I 

Not  to  become  subsci  iber  ' 
poration   oi  ition.     Autl 

stitution    for    BUch    purp 
charter  hereby  repealed. 


4:  SJlJLEE      .'     .  - 


io~.:s 

p 

.  .::ions  Ufcz 

... 
=  -  - 

■   ■ 
-  ■     .         .   -  .    - 

-  - 

-  -  .    - 

-  -  •  - .  \m 

'  -  - 

■  -  -  • 
- 

g  - . 
.  -     ■. 

•    •  -        -  -    •  -  '  .  "    L 

xm 

LSS 

Joimt  t>«a*ers' 

'  - 

- 

- 
"  put 

real 

- 
t  public  use  or 

execution  -   -  -  . ■  :' 

:c   mom*;  race  of    jay 

.'■'.'.  : 
v : ; :  > 

AQCCLi' 

jams  or  o£h.«?-rw  - 
pr  -         »    pubEe   build  i~  _  -  aiufcual    insuiaaee 

companies.     (  Ohio   V'UU  &) 

- 

:-.  ■;- ■-  =  :.=.■. 

aw*  o»  power  to  fery  fares  «»a°  Jorron? 

awe-  '•*{&*.  this  #»*!<?,  Debt. 

Towns  orjrtr.uwd  under  eha  -  rpced  under  «s>o.sti totwn.il  pro- 

tons re'.         _    -  -  local  trunins;  of  charters  m*y  "make  and 


TOWNS    [Coni 

NTBOL    BY    SXAXI 

In  General 

subject   only   to   the    r  - 

their   several   char  • 
ill  be  eubj> 
Acts   incorporating 

money,  contra 
Towns  •'  heretofore   or 

and  controlled  by  general 
Restrictions  Upon 
Legislature   no- 
corporation,    comp 

to  make,  contr 

fere  with  any  I 

whether  held  in  tru*t  or  i 

ments  or  perform  any  mu- 

Iature  may   pr< 

irrigation    1 

Local    or    special    le;. 

■ 

For  % 

title.  '•  Pov  : 
General 
An; 



a    maintai: .  -  ytuiamt 

iren  and   aged   per 

under  church  or  otr. 
Occur. 

othrr  hrties  o.    ruing 

I  -  z  :  s : :  5 

-     -  .seessmentE  and  taT 

the  use  of  "  <x  -  :arm> 

■ 
- 


■ 


1466  State  Constitutions 


TOWNS    (Cont'd) 

Finances   (Cont'd) 

Claims  By  and  Against 

"  In  all  cases  of  allowances  made  for  or  against "  town  appeal 
to  lie  to  circuit  court  at  instance  of  party  aggrieved  or  on 
intervention  of  citizen  or  resident  and  taxpayer  of  city  on 
terms  and  conditions  on  which  appeals  granted  to  that  court 
in  other  cases.  Matter  to  be  tried  de  novo.  Citizen  appealing 
to  give  bond  payable  to  town,  conditioned  to  prosecute  appeal 
and  save  town  from  costs  thereon.  (Ark.  VII  51.) 
Obligation  due  town  not  to  be  remitted,  released  or  postponed  or 
in  any  way  diminished  except  by  payment  into  proper  treas- 
ury ;  not  to  be  exchanged  or  transferred  except  upon  payment 
of  its  face  value;  but  legislature  may  provide  by  law  for  the 
compromise  of  doubtful  claims.  (Miss.  IV  100.) 
Execution  not  to  issue  on  judgment  against  incorporated  town 
or  against  any  officer  therein  in  his  official  capacity  and  for 
which  the  town  is  liable;  such  judgment  shall  be  paid  out  of 
the  proceeds  of  a  tax  levy  and  when  so  collected  shall  be  paid 
by   the   "county  treasurer"  to  the  judgment  creditor.      (N.M. 

VIII  7.) 

Local    or    special    legislation    releasing    indebtedness,    liability    or 

obligation  of  person  or  corporation  to  town  forbidden.      (Nev. 

IV  20.) 
Expenditures,  Restrictions  Upon 
In  General 

Not  to  be  authorized  or  permitted  to  pay  claim  under  con- 
tract made  without  express  authority  of  law.      (Ky.  162.) 
Not  to  pay  any  debt  or  interest  thereon  contracted  directly 

or  indirectly  in  aid  of  the  Rebellion.      (N.C.  VII   13.) 
Not  to  pay  any  debt  or  obligation   created  by  such  town  in 

aid   of   Civil   war.      (Va.   XIII    186.) 
Aid    to    Private   Enterprise 

Donations    to    railroad    or    private    corporation    prohibited. 
(111.    Amend.    1S70  —  Municipal  Subscriptions  to  Corpora- 
tions  separately   submitted.) 
Not  to  make   appropriation    in   aid  of  any  railroad  or  other 

corporation   or   association.      (Miss.  VII   183.) 
Not  to  appropriate  money  to  any  private  corporation,  person 

or  company.      (Del.  VIII  8.) 
Not  to  appropriate  or  obtain  money  for  any  company,  asso- 
ciation or  corporation.      (Ark.  XII  5.) 
Not  to  make   donation   or  grant  by  subsidy  or  otherwise  to 
individual,  association  or 'corporation.      (Ariz.  IX  7;  Mont. 

XIII  1.) 

Not  to  make  by  vote  of  citizens  or  otherwise  donation  to  or 

in  aid  of  any  joint  stock  company,  corporation  or  associa- 


tion.     (Ida.   XII   4.) 


■ l\l>l\    Ik.. 

TOWNS   [Cont'd) 

Finances  (Cont'd) 

Expenditures,  Restrictions  Upon   |< 
Aid  to  Private  l 

N.-t  to  make  donati  ,i 
companj  or  corj 

Noi  (<»  give  or  loan  mom  j   to 

association  or  eor] 
Noi  to  make  donation  b 

or    corporation,    ex 

iX.D.  Ml   iv-,;  Wasb.  vm  : 
Noi   to  pive  money  or  pi 

of  any  individual, 

1"  prevent  rrrakh 

its  poor  .-is  ! n . i \  be  ant  i 
Not  to  subscribe  to  or   ■ 

poration;    bui    this   do 

debts  incurred  under  law« 

and  nut   to  1"-  construed  to  prohil 

thorizing  town  to  prot<    I 

railroad    debi    contracted    prior    * 

Legislature  not   to  authorize   I 

money  for  or  levj  tax 

ind 
Legislature  not  to  autl 

of  value  to  or  in  aid  of 

Legislature  noi  to  authi 

of  value  to  or  in  aid  of 

tion  li\   issuing  bonds  • 
Legislature  noi   to  authorizi    I 

rectly.  for  benefit  of  "  cor] 

dividend    ..1    pro)  • 

Legislature  not  to  authorize  I 
any  corporal  ion 
pose   of    constructing    or    i 

Legislature  noi  to  autl  ■■ 

aid   of   individual   or   BSS 

noi  to  be  construed  to 
corporated  towns  which 

create,  maintain    and    01 

revenue  few    pi 
widows  and  mil 

4- 


1468  State  Constitutions 


TOWNS   (Cont'd) 

Finances   (Cont'd) 

Expenditures,  Restrictions  Upon   (Cont'd) 
Extra  Com  pensation 

See  also  Public  Officers  —  Compensation. 
Not  to  grant  extra  compensation  to  public  officer,  employee, 
agent,  or  servant  or  increase  compensation  of  public  offi- 
cer or  employee  to  take  effect  during  continuance  in  office 
of   any   person   wbose   salary   might   be   thereby   increased. 

(Conn.  Amend.  XXIV.) 

No  to  increase  pay  or  compensation  of  any  public  contractor 

above   amount   specified   in   the   contract.      (Conn.   Amend. 

XXIV.) 
Referendum  * 

Donations  in  aid  of  railroads  and  internal  improvements 
not  to  be  made  unless  proposition  has  been  first  submitted 
to    qualified    electors    at    an    election    authorized    by    law. 

(Nebr.  XII  2.) 

In  elections  to  determine  expenditures,  of  money  only  those 

to  be  qualified  who  pay  taxes  on  property  therein.      (Tex. 

VI  3.) 
Payment  of  tax  on  property  valued  at  least  $134  for  next 
preceding  year   required   for  vote   on   any   proposition   for 
expenditure  of  money.      (R.I.  Amend.  VII  1.) 
Debt,  See  below,  this  title,  Debt. 
Taxation,  See  Taxation. 
Debt 

Existing  Time  Adoption  Constitution 

Nothing  in  this  article  to  be  construed  to  impair  or  add  to  obli- 
gation of  debts  contracted  in  accordance  with  territorial  law; 
or  to  prevent  contracting  any  debt  or  issuing  bonds  therefor 
in  accordance  with  laws  of  territory  upon  proposition  which 
according  to  such  laws  was  submitted  to  qualified  electors 
before  constitution  took  effect.  (Colo.  XI  9.) 
Validity  of  not  affected  by  prohibition  of  loans  of  credit  in  aid 

of  railroad  construction.      (Conn.  Amend.  XXV.) 
Incorporated  town  authorized  to  pay  such  debts  either  by  tax 
levy  or  by  issuing  bonds  under  provisions  of  laws  extended  in 
force  in  state;    but  nothing  in  constitution  to  legalize  invalid 
debts  or  impair  any  defense  against  payment  thereof.      (X)kla. 

Sched.  25,  37.) 

Nothing  in  this  article  to  prevent  contracting  of  debt  or  issuing 

bonds  under  proposition  submitted  under  laws  of  territory  to 

qualified  electors  before  constitution  takes  effect,  or  to  impair 

or   add    to   obligation   of   any  debt   contracted   under   laws   of 

territory  prior  to  adoption   of  constitution.      (Utah' XIV  7.) 

May  be  bounded  in  sum  not  exceeding  4  per  cent,  on  assessed  value 

taxable  property  in  town  as  shown  by  last  general  assessment. 

(Wyo.  XVI  3.) 


I  M  .  I 


TOWNS   {Cont'd) 
Debt  (Cont'd) 

Power  to  Incur  Generally 
Legislature   to  n 

monej  and,  i  oni  1.1.  i  del 

Legislature   bo   ceBtricI    bo 

trat  i 

Legislature  to   restrici    town' 
braoting  debts  or  loanu 

Acts  of  Legislature    ln< 

borrowing  money,  contracting  debts  nnd  !■■ 

Legislature  to  restrict 

Provision  to  be  made  bj  general  lawj  to 
of  borrowing  monej   and  conl 

Purpose 

In  General 

Limited  to  "  hm  a  burp 
as  authorized  by  law  "  for  i  he 

No  debts  to  l>e   ■  •• 

public  purpose  specified  bj 
To  be  incurred  otil\   for  strictlj 

Ordinance  authorizing  deW 

to  be  raised  are  to  !»•  applied. 
Not  to  issue  interest-bearii 

bond>  authorized  by  law  to  pa] 

constitution:     but     incorpoi 

population   may    i- 

for    any    and    all    public   buildil 

that  may  be  required  ! 

and  economic  administi 

any  other  public  impn 

referendum.     Such 
side  the  corporate   lin 

When  any  town 

provide     for     p 

bonds,  eerl 

,,,.!    b   '  •     80l       ■ 

no!    exc ling    ' 

VII 


1470  State  Constitutions 


TOWNS    (Cont'd) 
Debt  (Cont'd) 

Purpose   (Cont'd) 

In  General   (Cont'd) 

After  filing-  charter  framed  under  provisions  of  this  article 
town  may  provide  and  legislate  for  issuance,  refunding 
and  liquidation  of  all  kinds  of  municipal  obligations,  in- 
cluding bonds  and  other  obligations  of  park,  water  and 
local   improvement  districts.      (Colo.   XX  6.) 

Not  to  assume  to  pay  any  debt  contracted  directly  or   indi- 
rectly in  aid  of  the  Rebellion.      (NX1.  VII  13.) 
Aid  to  Private  or  Corporate  Enterprise 

For  prohibitions  of  grants  of  money  in  aid  of  private  or  cor- 
porate enterprise,  tiee  above,  this  title,  Finances  —  Ex- 
penditures, Restrictions   Upon. 

Legislature  not  to  authorize  to  lend  credit  to  or  in  aid  of 
individual,  association  or  corporation  by  issuing  bonds  or 

otherwise.      (Ala.    IV    94.) 

Not  to  give  or  loan  credit  in  aid  of  individual,  association 
or  corporation.      (Ariz.  IX  7;  Mont.  XIII  1.) 

Not  to  loan  credit  for  any  purpose  whatever;  and  no  mu- 
nicipality to  grant  financial  aid  toward  construction  of 
railroads  or  other  private  enterprises  operated  by  any  pri- 
vate person  or  corporation.  Not  to  obtain  money  for  or 
loan  credit  to  any  corporation,  association,  institution   or 

individual.      (Ark.  XVI   1,  XII  5.) 

Not  to  lend  credit  to  or  assume  debt  of  any  private  corpora- 
tion, person  or  company.      (Del.  VIII  8.) 

Not  to  lend  or  pledge  credit  or  faith  in  any  manner  to  or  in 
aid  of  any  person,  company  or  corporation  for  any  amount 
or  for  any  purpose,  "  public  or  private  ",  or  become  respon- 
sible for  any  debt,  contract  or  liability  of  any  person, 
company  or  corporation,   "  public  or  private  ",  in   or  out 

of  state.      (Colo.  XI  1.) 

Not  to  lend  credit  directly  or  indirectly  in  aid  of  any  rail- 
road corporation ;  but  not  to  affect  validity  of  bonds  or 
debts  incurred  under  laws  existing  prior  to  constitution 
and  not  to  be  construed  to  prohibit  legislature  from  au- 
thorizing town  to  protect  by  additional  credit  railroad 
ilrbt  contracted  prior  to  adoption  of  constitution.      (Conn. 

Amend.  XXV. ) 

Not  to  subscribe  to  stock  or  purchase  bonds  or  make  dona- 
tion to  any  railroad  corporation;  but  this  does  not  affect 
validity  of  bonds  or  debts  incurred  under  laws  existing 
prior  to  constitution  and  not  to  be  construed  to  prohibit 
legislature  from  authorizing  town  to  protect  by  additional 
appropriation  any  railroad  debt  contracted  prior  to  con- 
stitution.     (Conn.    Amend.   XXV.) 

Not  to  lend  or  pledge  credit  or  faith  in  any  manner  to  or  in 
aid  of  any  individual,  association  or  corporation,  for  any 


TOWNS   (Cont'd) 
Debt  (Cont'd) 

Purpose  (Cont'd) 

Aid  to  I'm  (Id 

amounl  ui  anj  pm 

contrai 

poration   m  01   oul 

lend  credit,  i.\    vot 

of    an\    joint    - 

but    in. in    . 
illuminating  purpi 
ui  the  | < i 
arising  therefrom 

• 
Loan  ui  ci  i  'In  in  aid  ■•: 

bidden,      I  1 11.     i 

'  orporatii 
Legislature  tu>t    ; 

lend     It  -    CM  .111     I..    .Ui_\     . 

except  foi   [mi  pose  "t 
turnpike  i 
Not  to  loan  credit  in 

Legislature   mn    bo  authot 

.1 u  it  ion  "i   coi  poral 

Not  to  nakie  "  donal 

internal    improvement 

submitted  to  qualified  i 

law  ;     sueh    doi 

di\  liereof,   not 

of  assessed  walual . 
Not   to  lend  credit   in 

poration  >>i    >--•  i  i  i 

panics  or  associat  ioni         lev.  Vlll    i 
Legislature  not  bo  autl 

reotly,  for  benefit  i  I 

dividend  of  profit  vii.   II 

Not  to  lend  credit 

t  Ion,  or  becomiag  ■ 

\,,t   to  lend  its  i  redit  to 

ciation  or  corpi 

provision    foi    aid 

authorized  by  law.       ^    \  III  ! 
(  redit    not   to 

v'uhial. 

Bupporl  '■'  \  i>    \  1 1     - 

X,,  law  to  aathoriw 

any  compel 


1472  State  Constitutions 


TOWNS   (Cont'd) 
Debt  (Cont'd) 

Purpose   (Cont'd) 

Aid  to  Private  or  Corporate  Enterprise  (Cont'd) 

wise;   but  this  does  not  prevent  insuring  public  buildings 
in  mutual  insurance  companies.      (Ohio  VIII  6.) 
Not  to  raise  money  for  or  lend  credit  to  or  in  aid  of  any 
company,    corporation   or   association,   by  vote  of   citizens 

or   otherwise.      (Ore.  XI  9.) 

Credit  not  to  be  loaned  or  given  to  or  in  aid  of  any  person, 

company,  association  or  corporation,  except  on  assent  of 

three-fourths  of  qualified  voters  voting  at  election  thereon. 

(Tenn.  II  29.) 
Legislature  not  to  authorize  town  to  lend  credit  to  any  indi< 
vidual,   association  or   corporation,   but   special  authoriza- 
tion to  join  with  county  or  other  political  subdivision  or 
district  in  lending  credit  or  incurring  debt  for  or  in  aid 
of  irrigation,  drainage  or  navigation  improvements  or  con- 
struction and  maintenance  of  roads,  subject  to  approval 
on  referendum  and  to  specified  limit  of  amount;    provided 
total  debt  of  city  or  town  not  thereby  to  exceed  limit  im- 
posed by  other  sections  constitution.      (Tex.  Ill  52.) 
Legislature  not  to  authorize  town  to  lend  credit  in  aid  of 
any    railroad,    telegraph,    or   other    private,    individual   or 
corporate  enterprise  or  undertaking.      (Utah  VI  31.) 
Not  to  grant  credit  "  under  any  device  or  pretense  whatso- 
ever "  to  or  in  aid  of  person,  association  or  corporation. 

(Va.XIII  185.) 
Not  to  lend  money  or  credit  to  or  in  aid  of  individual,  asso- 
ciation, company  or  corporation  "  except  for  the  necessary 
support  of  the  poor  and  infirm  ".     ( Wash.  VIII  7. ) 
Law  or  Ordinance  Authorizing 

Private,  local  or  special  legislation  authorizing  issuance  of  bonds 
or  other  securities,  forbidden  unless  authorized  before  enact- 
ment such  law  by  vote  qualified  electors  thereof  at  election 
held  for  purpose  in  manner  prescribed  by  law;  but  legislature 
may  without  such  election  pass  special  laws  to  rpfund  bonds 
issued  before  ratification  constitution.  (Ala.  IV  104.) 
Local  and  special  legislation  provided  for  bonding  of,  forbidden. 

(Nebr.  Ill  15.) 
Not  to  contract  debt  or   loan   in   any   form  except  by  ordinance 
specifying  purpose  to  which  funds  to  be  raised  are  to  be  ap- 
plied;  and  ordinance    irrepealable  until  debt  therein  provided 

for  fully  paid.      (Colo.  XI  8.) 
No  town  to  contract  debt  except  by  ordinance  specifying  purpose 
to  which  funds  to  be  raised  are  to  be  applied.      (N.M.  IX  12.) 
Referendum  on  Proposition  to  Incur 

Legislature  may  pass  general  laws  authorizing  to  issue  bonds; 
but  none  to  be  issued  under  such  general  laws  unless  first 
authorized    by    majority    vote    by    ballot    of    qualified    voters 


TOWNS   (Com 
Deb  t'd) 

Referendum  on  Propusiiiur. 

thfi 

of  l.on.la  lawful 

ratification 

Wixred  01 

improvi 

which  i  n  whol« 

■aid  ii  | 
Proposition 

ertj  mual 

are  also  qualifli 

to    !'>•   In!  . 
-Vl  ':,'! 

to  be  incurred  wit  bout 

voting  an  question 

Not  to   incur   in   aj 

liability    "  i 

vided  for  such  year  "   unit 

by  two-thirds  of  qualif) 

purpose.     Exc<  \ 

curred  contrary  to  this 
No  debt  to  be  created  unit 

election   for  council 

ore  who  in  preceding  year  pai 

majority  i  voting  tlu 

box.     This  sect , 

Not  to  incur  an]  debt  *»* 

"  exoeediag  in  i 
for  such  year  without 
thereof 

lulity  incurred  contrarj   U 
nut   t,,  be  i 
expi  i  bj  tli- 

Not  to  become  in 

;un-.iini  eso  I  • 

without  eo 

for  tin;  purpose.     ! 

provi-ion  t 

enforceable    plains!    ]••  !  v' 
Not  to  be  allowed  to 

pin 

.  id.'d    is 

vot 

i: 


1474  State  Constitutions 


TOWNS    (Cont'd) 
Debt  (Cont'd) 

Referendum  on  Proposition  to  Incur   (Cont'd) 

Debts  for  construction  of  sewerage  system  or  for  water  supply 
which  legislature  may  authorize  in  excess  of  debt  limit  fixed 
by  constitution  must  be  approved  by  vote  of  taxpayers  af- 
fected. (Mont.  XIII  6.) 
No  debt  to  be  created  unless  proposition  is  submitted  at  regular 
election  for  town  officers  to  such  qualified  electors  thereof  as 
have  paid  a  property  tax  therein  during  preceding  year  and  is 
approved  by  majority  of  those  voting  by  ballot  deposited  in 
separate  ballot  box.  This  not  to  prevent  issue  without  sub- 
mission to  voters  of  bonds  to  pay  or  refund  valid  bonds   for 

town.     (N.M.  IX  12,  15.) 

No  debt  to  be  contracted  nor  faith  or  credit  pledged  unless  "  by 
a  vote"  of  majority  of  qualified  voters.      (N.C.  VII  7.) 

Not  to  be  allowed  to  become  indebted  in  any  manner  for  any 
purpose  to  amount  exceeding  in  any  year  income  and  revenue 
provided  in  such  year  without  assent  three-fifths  voters  thereof 
voting  at  election  held  for  purpose.      (Okla.  X  26.) 

Propositions  to  incur  debt  for  purchase,  construction  or  repair  of 
public  utilities  owned  exclusively  by  town  in  excess  of  limit 
fixed  by  constitution  on  amount  of  town  debt  must  be  ap- 
proved by  majority  vote  of  qualified  property  taxpaying  voters 
voting  at  election  held  for  purpose.      (Okla.  X  27.) 

No  debt  to  be  created  without  submitting  proposition  to  qualified 
electors  and  unless  majority  voting  on  question  approve. 
Legislature  in  authorizing  special  election  in  incorporated  town 
on  question  of  bond  issue  to  prescribe  as  condition  precedent 
to  holding  such  election  a  petition  from  majority  of  freeholders 
thereof  as  shown  by  town  tax  books.  At  such  election  electors 
of  town  in  addition  to  qualifications  required  for  municipal 
election  must  have  paid  all  taxes,  city,  county  and  municipal, 
for  previous  year  in  order  to  qualify  to  vote  on  such  proposi- 
tion. Majority  of  those  voting  at  such  election  necessary  to 
authorize  issuance  of  bonds.      (.S.C.  VIII  7,  II  13.) 

In  elections  to  determine  assumption  of  debt  by  incorporated 
towns  only  those  who  pay  taxes  on  property  therein  qualified 
to  vote.      (Tex.  VI  3.) 

No  town  or  subdivision  thereof  to  create  debt  in  excess  of  taxa- 
tion for  current  year  unless  majority  of  such  qualified  electors 
as  shall  have  paid  a  property  tax  in  the  preceding  year  shall 
approve  proposition  to  create  such  debt.      (Utah  XIV  3.) 

Not  to  become  indebted  for  any  purpose  in  any  manner  to  amount 
exceeding  one  and  one-half  per  cent,  of  taxable  property 
therein  without  assent  of  three-fifths  voters  voting  at  election 
held  for  purpose.  Value  of  taxable  property  to  be  determined 
from  last  assessment  for  state  and  county  purposes  previous  to 

incurring   debt.     (Wash.   VIII   6.) 


1m. i 


TOWNS   (Cont'd) 
Debt  [Cont'd) 

Referendum  on  Proposition  to  Incur      | 

No  town  ox  subdivision  thereof  •«*  of  • 

fur  current  year  in  tnj   w  a  m  . 
people  on  proposition  tubmitti 
Limit  of  Amount 
Towns   hal 
provided   in   eonstituti. 
"  including   pr<  sent    in 
sessed  value  of  propel 

- 
sewerage,  or  for   imp* 
additional    ,1,1,: 
Limitation 
stitution,    i 

le  in  antieipatioo  of  collet  I 
fourth  of  annual  n 
funding  or  refunding  of  "  i 

Tliose  having  6,000  or  mi 
thorized   to  become    in 
debt  n,"  ing  7   per 

therein,  but  following  i 
limitation:    temporary   loans   paid   within 
anticipation  of  collection   i  I 
general  revenues; 
for  purpose  of  acquirii 
works  and   sewers;    obi 
or    sidewalk    improvements 

I  against  abutting  pro] 
56   of  7    per  cent,  limit    I 
such  obligations  issued.     v-- 
of  e.\i>t  iiil:  indi  1 

Where   present   debt 

indebted    in    further    annul-  t  except 

constitution  until  debt  i 

vent  any  municipality  except  • 

authorized    prior    adopt  a,    and    I 

funding  or  refunding  of  61    ' 

Not  to  become  indebted  f^r  any  pu- 
exceeding  4   per  cent,  "i   taxable  | 

assessment  for  state  and  rount 

debt  or.  in  ini 

purposes  without  ns^nt  of 

are  also  qunli- 

to  be  held  for  purpose;  with   • 


3476  State  Constitutions 

TOWNS    (Cont'd) 
Debt  (Cont'd) 

Limit  of  Amount   (Cont'd) 

"  may  be  allowed  to  become  indebted  to  a  larger  amount  but 
not  exceeding  15  per  cent,  additional"  for  water  supply,  arti- 
ficial light  or  sewers  when  the  works  therefor  are  or  are  to  be 
owned  and  controlled  by  the  municipality.      (Ariz.  IX  8.) 

Not  to  exceed  in  aggregate  7  per  cent,  of  assessed  value  of  real 
and  personal  property  therein  according  to  last  general  assess- 
ment. Debt  may  be  incurred  for  waterworks  or  lighting  plants 
when  approved  on  referendum  in  excess  of  this  limitation;  and 
such  debt  not  to  be  included  in  computation  of  existing  debt 
in  order  to  determine  power  to  become  further  indebted,  pro- 
vided a  mortgage  or  other  lien  on  such  works  or  plant  and  its 
franchise  be  given  as  additional  security  for  such  debts.      ( Ark. 

XVI  1.) 

Aggregate,  together  with  debt,  existing  at  time  of  election  on 
proposition  to  incur  new  debt,  not  at  any  time  to  exceed  3  per 
cent,  valuation  of  taxable  property  as  shown  by  assessment 
next  preceding  the  last  assessment  before  the  adoption  of  such 

ordinance.      (Colo.  XI  8.) 

Not  to  be  authorized  or  permitted  to  incur  debt  to  amount  includ- 
ing existing  debt  in  aggregate  exceeding  3  per  cent,  of  value  of 
taxable  property  therein  ascertained  by  assessment  next  before 
last  assessment  previous  to  incurring  debt;  but  debt  in  excess 
of  this  limit  may  be  contracted  when  authorized  by  laws  in 
force  prior  to  adoption  of  constitution  or  when  necessary  for 
completion  and  payment  for  public  improvement  undertaken  and 
not  completed  and  paid  for  at  time  of  adoption ;  any  town  debt 
which  exceeds  limit  at  time  adoption  of  constitution  not  to 
increase  more  than  2  per  cent,  until  debt  reduced  within  limit 
and  thereafter  not  to  exceed  limit  "  unless  in  case  of  emergency, 
the  public  health  or  safety  should  so  require  ".  Renewal  bonds 
or  bonds  to  fund  floating  indebtedness  not  prevented  by  limit. 

(Ky.  158.) 

Towns  having  less  than  40,000  population,  as  shown  by  last  United 
States  census,  not  to  create  any  debt  or  liability  which  singly 
or  in  aggregate  with  previous  debts  or  liabilities'  exceeds  5  per 
cent,  of  last  regular  valuation.  This  not  to  be  construed  "  as 
applying  to  any  fund  received  in  trust "  by  the  town  "  nor  to 
any  loan  for  the  purpose  of  renewing  existing  loans  or  for  war 
or  to  temporary  loans  to  be  paid  out  of  the  money  raised  by 
taxes   during   the   year   in   which   they   were    made ".      ( Me. 

(Amend.)    XXII.) 

Not  to  be  allowed  to  incur  debt  to  amount  including  existing  debt 
in  aggregate  exceeding  5  per  cent,  of  value  of  taxable  property 
therein,  ascertained  by  assessent  next  before  last  assessment 
for  state  and  town  purposes  previous  to  incurring  debt.      (Mo. 

X  12.) 


I 


TOWNS   {Cont'd) 
Debt  (( 

Limit  of  Amount    1 1 
v"  '"  be  allowed  I 
!">>;  mount  indudin 

ascertained   by   but 
vioua  to  incur rii 
:  lis  amount  • 
authorizing  municn    I 
of  taxpayei 
Bewi 

ity  ••  which  shall  own  and  i    •  • 
revenues  derived  therefron 

Not  to  be  allowed  to  incur  d< 
to  amount  including 

cent,  valuation  taxable 

la<i  ment  for 

ring  debt     "  Incorporated  t^  n  n  n 

qualified  property  taxtpoyii 

purpose,  be  allowed  to 

purchase,   construction   or  rntd 

- 
tax  in  addition  to 
ficient  to  pay  interest  then 

[eruption  within 
limitation  on  amount  ol 
or  bonds   issued  to  pa 

shall  never  exceed  5  per  1 1 
erty  therein;  bond-  or  obligate 

Not  to  become  indebted  to  amount 

deb  i   per  cent,  of  i 

town,  ascertained  by  last    p 

town  purposes ;   bonds  or  i 

to  be  woid 

limit  for  const)  ud  ton   01 
in;    thi- 

refund  valid  bond 
Not  to  incur  any  bond* 

debt  shall  ex<  I 

erty  therein.     ThM  not  to  ' 

fieient  to  refund   I 

tution:   nnd  not   ' 

in  anticipation  i 

to  be  contained   in 

issued   and    payat 

bonded  debt  incurred  '•■ 


1478  State  Constitutions 


TOWNS   (Cont'd) 
Debt   (Cont'd) 

Limit  of  Amount   (Cont'd) 

for  purchase,  establishment  and  maintenance  of  waterworks, 
sewerage  system,  or  lighting  plant;  and  specified  town  author- 
ized to  incur  specified  amount  of  debt  in  excess  of  this  amount 
in   order   to   pay  for   construction   of   county   buildings.      (S.C. 

VIII  7.) 

Never  to  exceed  5'  per  cent,  of  assessed  valuation'  of  taxable  prop- 
erty therein  for  year  preceding  that  in  which  the  indebtedness 
is  incurred:  in  "  estimating  amount  of  the  indebtedness  which 
a  municipal  subdivision  may  incur,  amount  of  indebtedness 
contracted   prior   to   the   adoption   of   the  constitution   shall  be 

included".     (S.D.  XIII  4.) 

Districts  of  which  towns  may  be  a  part  may  be  authorized  to 
issue  bonds  or  otherwise  lend  credit  in  amount  not  exceeding 
one-fourth  of  assessed  valuation  of  real  property  of  such  dis< 
trict  when  approved  on  referendum  for  irrigation,  drainage  or 
navigation  improvement  or  in  aid  thereof,  or  the  construction, 
maintenance  and  operation  of  paved  roads  and  turnpikes  or  in 
aid  thereof.  This  authorization  to  be  in  addition  to  all  other 
debts  except  that  total  bonded  debt  of  any  town  not  to  exceed 
limit   imposed  by  other  provisions   of  constitution.      (Tex.   Ill 

52.) 

Not  to  become  indebted  "  to  an  amount  including  existing  indebt- 
edness exceeding  4  per  cent,  of  the  value  of  the  taxable  property 
therein":  value  of  property  to  be  ascertained  by  last  assess- 
ment for  state  and  county  purposes  previous  to  incurring 
illit:  may  be  allowed  to  incur  larger  indebtedness  (in  addition 
to  4  per  cent.)  previously  authorized  not  exceeding  8  per  cent, 
additional  for  supplying  the  town  with  water,  artificial  lights 
or  sewers  when  the  works  supplying  such  water,  lights  and 
sewers  are  owned  and  controlled  by  the  town.  Nothing  in  this 
article  to  prevent  contracting  of  debts  or  issuance  of  bonds 
under  proposition  submitted  under  laws  of  territory  to  quali- 
fied electors  before  constitution  took  effect.      (Utah  XIV  4.  7.) 

Xot  to  issue  bonds  or  other  interest-bearing  obligations  for  any 
purpose  or  in  any  manner  to  amount  which,  including  existing 
indebtedness,  shall  at  any  time  exceed  18  per  cent,  of  assessed 
valuation  of  real  estate  therein,  subject  to  taxation  as  shown 
by  last  preceding  assessment  for  taxation.  This  not  to  apply 
to  towns  whose  charters  existing  time  adoption  constitution 
authorize  larger  percentage  of  debt.  In  computing  existing 
debt  in  order  to  determine  the  limitation  of  a  town's  power  to 
incur  further  debt,  bonds  authorized  by  ordinance  enacted  in 
accordance  with  provisions  of  constitution,  and  approved  by 
affirmative  vote,  majority  of  qualified  voters  of  town  voting 
on  question  at  general  election  next  succeeding  enactment  of 
ordinance  or  at  special  election  held  for  that  purpose,  for  a 
supply  of  water  or  other  specific  undertaking  from  which  city 


I  M.I    |      I  l   . 


TOWNS   (Coni 
Debt  [Cont'd) 

Limit  of  Amount    [Cont'd] 
maj   "derii 

period   to  be  &  barrained   I 
from  date  oi  elei  tion  wbem 
taking  fails  to  pro 
operation    and    adminl 
issued    therefor   and    the   • 

injury    to  p 

covered    int..   a    unking   fu 
maturity  all  bonds  issued 
such  bonds  outstanding   shall 
Limitation  of  the  po 
cjpal  and   interest    then 
the  receipts  of  the  un  lei  takio 

order  to  determine  limitation 
further  debt,  "  certifh 

other   obligations   issui  d    in    ant  • 

the    revenue     *  *     for    the    I 

t  lit    Buch    certificates,  or    otl 

within  one  year  from  the  dafc 
due  and  do  not  exi  eed  the  revi 

incl 
No1  to  become  indebted  for  any  pui 

eeding    one    and    one-half    per    cent, 
therein,  ascei  tained  from 
purposes   previous   to  incuj 
fifths   voters   voting  at   election   lield    I 
assent  total  indebtedni  • 

of  value  of  Buch  taxable  propi    I  « 

indebted  to  larger  amount  • 
for    supplying    water,    artificial    ;  . 
works    therefor    are   owned    and    •  at  rolled    I 

Not  to  bo  '•  allowed    I  oe  indel 

anj     purpose    to    any    amount    incl 
in   the   aggregate 
taxable  property  therein  ". 
by    lasi    assessment 
■ 

No  town  or  subdivision  t; 

manner  exe ling  -  per  e.i  ' 

erty  tie-rein,  lint   may  be  BUthoi 
edness  not  ex< dii 

property    as    -houn    l.y    last     pi 

of  "  building  Bewerage  ";  ■'■ 
provisions   of    this    Bection;    d< 
constitution  maj   b 

on  d    value   tfl 


1480  State  Constitutions 


TOWNS   (Cont'd) 
Debt  {Cont'd) 
Bonds 

For  exemption  of  from  taxation,  See  Taxation — Exemptions. 

See  also  below,  this  title,  Redemption  and  Interest. 

Any  town  issuing  bonds  under  laws  of  state  may  make  such  bonds 
and  interest  thereon  payable  at  any  place  or  places  Within  or 
outside  of  United  States  in   any  money,  domestic  or  foreign, 
designated  in  said  bonds.      (Cal.  XI   13%.) 
Application  of  Proceeds 

No  money  raised  for  a  specific  purpose  to  be  used  for  any  other 

purpose.      (Ark.  XVI  1.) 

Moneys  borrowed  to  be  used  only  for  purposes   specified   in  law 

authorizing  loan.      (Mont.  XIII  3.) 

Limited  to   purpose  for  which  obtained  or  to  repayment  of  the 
debt   or   liability   created  therefor.      (Mo.  X  20.) 
Redemption  and  Interest 

Provision  to  be  made  at  time  of  incurring  debt  for  collection  of 
annual  tax  not  exceeding  7  mills  on  the  dollar  to  pay  interest 
and  discharge  principal  within  35  years  from  time  of  issuing 
bonds.  Bonds  to  be  "  serial "  "  and  shall  be  paid  off  as  rapidly 
as  the  income  derived  from  said  tax  will  permit ".  Detailed 
provisions  as  to  interest.      (Ark.  XVI  1.) 

No  indebtedness  or  liability  in  excess  of  revenue  or  income  to  be 
incurred  unless  before  or  at  time  of  incurring  provision  be 
made  for  collection  of  annual  tax  sufficient  to  pay  interest  as  it 
falls  due,  and  to  constitute  sinking  fund  for  payment  of  prin- 
cipal on  or  before  maturity.  Except  as  provided  in  constitu- 
tion, debt  incurred  contrary  to  this  provision  to  be  void.      (Cal. 

XI  18.) 

Towns  issuing  bonds  under  laws  of  state  may  make  such  bonds 
and  interest  thereon  payable  at  any  place  or  places  within  or 
outside  of  United  States  and  in  any  money,  domestic  or  foreign, 
designated  in  said  bonds.      (Cal.  XI  13%.) 

Ordinances  authorizing  incurring  of  debt  to  provide  for  levy  of 
tax  not  exceeding  12  mills  on  valuation  taxable  property  therein 
as  shown  by  assessment  next  preceding  last  assessment  before 
adoption  of  such  ordinance  sufficient  to  pay  annual  interest  and 
extinguish  principal  within  15  but  not  less  than  10  years  from 
creation.  Application  proceeds  of  tax  limited  to  purpose  speci- 
fied in  ordinance  until  debt  fully  discharged.  This  section  does 
not  apply  to  debts  contracted  for  water  supply.      (Colo.  XI  8.) 

Not  to  incur  any  debt  or  liability  unless  at  same  time  provision 
be  made  for  collection  of  annual  tax  sufficient  to  pay  interest 
and  to  constitute  sinking  fund  for  payment  of  principal  within 
20  years  from  time  of  contracting.      (Ida.  VIII  3.) 

Whenever  authorized  to  create  debt  shall  be  at  same  time 
required  to  provide  for  collection  of  annual  tax  sufficient  to 
pay  interest  and  to  create  sinking  fund  for  payment  of  prin- 
cipal within  not  more  than  40  years  from  time  of  contracting. 

(Ky.  159.) 


1 


TOWNS   [Cont'd) 
Debt  [Cont'd) 

Redemption  and  Interest      I 

Before-  incurtii  . 

made  for  oollei  i  ion  ol 
due  and   to 

within  n  time  ■ 

A?   '"'  Mow  time  ..f   iaeurrii 
oottectioo  td  aana 
when  due; 
irrepealable  until 
Ordinance  creating  <i< 

19   mil!.*  mi   jill    • 

■  in  and  i 
mh-Ii   t:i\   to  be     ■ 

principal.      Sip 

provided   tor   baa  b»  n   fully   i 
Before  or   nt    time  "f   incuri  .m<l 

revenue  provision  to  be  nmiV  • 
ficient  to  pay  intei 
merit   df  principal  within 

Town    to   levy   "  Bufflci 

fund  to  1"-  ii-'''!  lit  -•  -ond. 

for  payment   of   bonds;   third, 
judgmei  aeh  municipalHi 

On   issuing  bonds,  town  i"  •  - 

thereof  at  maturity.     All  proi 

that    exempted,    to   be 

under  authority  of  la 
District  or  other  political  '  -no 

a   part,  incurrii 

td  levy  and  colled 

fund   for  redemption   I 

inter.  -'  ai  :  sinking  fund  i 

■ 

Eefore   or   at   time  of   Incurri 

made   "  for    colled 

interest    on   8uch  debt 

discharge  the  principal 

of  contracting  th( 
Method  of  Collecting  — Execution 
Town   property 

and  sit 

erty  devoted  >  ■  ' 

sale".    This    i 

mechani  'a    and    build*  i 

\ !  9  | 


3482  State  Constitutions 


TOWNS    {Cont'd) 
Public  Utilities 

See   also   above,    this    title,   "Powers    and    Rights — •  Restrictions 
Upon  —  Stock  and  Bond  Holding  ",  and  "  Finances  —  Expend- 
itures, Restrictions  Upon  —  Aid  to  Private  Enterprise  ". 
In  General 

Person  or  corporation  constructing  or  operating  on  public  streets 
under  franchise  liable  to  abutting  property  owners  for  actual 
damage  on  account  of  such  construction  or  operation.     (Ala. 

XII  227.) 
Franchises 

Right  to  collect  rates  or  compensation  for  use  of  water  supplied 
to  town  or  inhabitants  thereof  is  a  franchise  and  cannot  be 
exercised  except  by  authority  of  and  in  the  manner  prescribed 

by  law.      (Cal.  XIV  2;  Ida.  XV  2.) 

No  franchise  relating  to  any  street,  alley  or  public  place  of  city 
or  county  of  Denver  to  be  granted  except  on  vote  of  tax-paying 
electors.  Question  to  be  submitted  on  deposit  of  expenses  with 
treasurer.      (Extended   to  towns.)       (Colo.   XX   4,   6.) 

Not  to  be  permitted  to  grant  franchise  or  privilege  or  make  any 
contract  in  reference  thereto  for  more  than  20  years;  adver- 
tisement to  be  made,  bids  received,  and  award  made  to  highest 
and  best  bidder,  but  all  bids  may  be  rejected.  Not  to  apply 
to  trunk  railway.      (Ky.   164.) 

Legislature  not  to  create  corporation  with  power  to  acquire 
franchises  in  streets  or  highways  of  town,  except  by  special 
act  on  petition  therefor  "  pendency  whereof  shall  be  notified 
as  may  be  required  by  law  ".      (R.I.  Amend.  IX  2.) 

Those  having  population  more  than  6.000  not  to  have  authority 
to  grant  to  person,  corporation  or  association  right  to  use 
streets  or  public  places  for  construction  or  operation  of  water- 
works, gas  works,  telephone  or  telegraph  lines,  electric  light 
or  power  plants,  steam  or  other  heating  appliances,  street  rail- 
roads or  any  other  public  utilities,  except  railroads  other  than 
street  railroads  for  longer  period  than  30  years.      (Ala.   XII 

228.) 

No  street  railway,  gas,  water,  steam  or  electric  heat,  light  or 
power,  cold  storage,  compressed  air,  conduit,  telephone  or 
bridge  company,  nor  any  corporation,  association  or  persons 
or  partnership  engaged  in  these  or  like  enterprises  to  be  per- 
mitted to  use  streets,  alleys  or  public  grounds  without  consent 
of  corporate  authorities.  No  franchise,  lease  or  right  to  use 
any  public  property  in  a  way  not  permitted  to  general  public 
to  be  granted  for  longer  period  than  30  years.  Before  granting 
any  such  franchise  for  a  term  of  years,  except  for  trunk  rail- 
way, municipality  shall  advertise  and  receive  bids  and  act 
accordingly  as  required  by  law.  Nothing  herein  contained  to 
prevent  legislature  from  prescribing  additional  restrictions  on 
power  to  grant  franchises,  or  as  repealing  any  such  restric- 
tions  in   any  existing  charter.      (Va.  VIII    124,   125.) 


I  M  >  I   \      [ )  I  <  J  K  s  | 


TOWNS   (Cont'd) 

Public  I'timim  b   ((  ot 
Franchises    i  ( 

legislature   Dot  to 
railroad  within  town  wil 
ties    having    control   ..f    - 
Okla.   ]\    n»;   lex.  X  7;  W.Vi     \l 
Le»i>lature    n..t    to   authoi  i 
way   within   limit-  of   ill 
rale    authOI  \  I  | 

Legislature   not   to   pass    law    -mi  tit 
"!"  rate  |    withii 

acquiring    the    i 
street-  proposed  to  he  i 

1m-  tran.-f.  rred    without    -in  , 

No  person,  associal  ion  or  cor] 
to  use  streets,   alleys  or   publi 

operation   of   "any    public    utility    ..r    ; 
"ut   first  obtaining  consent   pi 

No  street  railroad  t"  ,;  ted  w  itii 

of  local   authoril  ii  - 
posed  to  be  occupied.     [Colo.   W 
No  street  or  other  railroad  t 
out  consent   of  Local  authoriti 
posed  to  he  occupied.     (Ida.   XI    11; 
No  streel  railroad  or  telephone  1*- 
ated  within  incorporated  town  wit! 
ities  controlling  or  bigbwaj   I 

No  street  passenger  railwaj   oi   I 
■    constructed  within  limit-  of  wit1 
ties;  legislature  i . ■  ■  t   t-  gi 
street  railroad  within  town  with 
authorities  having  control  •■: 

Street   railway,  gas,    w 

light  companj  no!  t"  '"■  perm 

for  erection  or  laying  i 
islative   bow 

charters  conierring  Mich 

tut  imi   and    work 
Nothing   in   the   provis 

companii  -  an  I  tl  eh  I  i 

arrange  and   contn 

plai  !    nianie 

Water    companies    must 

bodies  or  boar 


148-i  State  Constitutions 


TOWNS   (Cont'd) 

Public  Utilities   [Cont'd) 
Regulation  of 

Supervision  of  public  service  corporations  may  be  authorized  by 
law  as  to   companies   doing  business   therein  including  regula- 
tion   of    rates    and    charges.      (Proviso    to    sections    specifying 
powers  of  corporation  commission  over  public  service  corpora- 
rations.)      (Ariz.  XV  3.) 

Powers  of  municipal  councils  or  other  local  governing  bodies 
respecting  public  utilities  to  cease  on  passage  of  legislation 
conferring  powers  respecting  such  public  utilities  on  state 
railroad  commission  so  far  as  such  powers  conflict;  but  in 
case  of  incorporated  towns  such  local  powers  over  public  utili- 
ties as  relate  to  making  and  enforcement  of  local,  police, 
sanitary  and  other  regulations  other  than  fixing  of  rates  to 
continue  unimpaired  until  an  election  is  held  in  pursuance 
of  law ;  such  of  these  powers  as  majority  of  qualified  electors 
voting  at  such  election  shall  vote  to  retain  to  continue  in 
the  local  authorities  unimpaired;  but  if  vote  does  not  favor 
their  continuation  then  such  powers  to  vest  in  railroad  com- 
mission; and  in  case  the  vote  be  in  favor  of  retaining  any  of 
such  poAvers  a  similar  majority  may  later  sivrrender  them 
to  the  state  commission.  This  provision  not  to  affect  town's 
right  to  grant  franchises  for  public  utilities  on  terms  and 
conditions  and  in  manner  prescribed  by  law  and  not  to  be 
construed  as  a  limitation  on  the   constitutional  powers  of  the 

railroad  commission.      (Cal.  XII  23.) 

Kates  for  water  supplied  by  any  person  or  corporation  to  town 
or  its  inhabitants  to  be  fixed  annually  by  council  or  other 
governing  body  by  ordinance  or  otherwise  in  the  manner  that 
other  ordinances  or  resolutions  are  passed  by  such  body;  such 
ordinances  to  be  passed  in  February  annually  to  take  effect 
on  July  first;  any  party  interested  may  maintain  suit  for 
peremptory  process  to  compel  passage  of  such  ordinance  and 
the  board  or  body  failing  to  pass  same  to  be  liable  to  further 
processes  or  penalties  as  legislature  prescribes;  collection  of 
rates  other  than  those  fixed  by  such  ordinance  to  work  for- 
feiture of  franchises  and  waterworks  to  the  town  for  the  public 

use.      (Cal.  XIV  1.) 

Nothing  in  provision  relating  to  powers  of  state  corporation 
commission  to  impair  rights  conferred  by  law  on  authorities 
of  town  to  prescribe  rules,  regulations  or  rates  of  charges  by 
public  service  corporations  in  connection  with  services  per- 
formed under  municipal  franchise  so  far  as  such  services  may 
be    wholly    within    the    limits    of    town    granting    franchises. 

'      „  (Okla.  IX  18;  Va.  XII  156b.) 

Every  grant  of  franchise  to  make  adequate  provision  by  way  of 
forfeiture  or  otherwise  to  secure  efficient  service  at  reason- 
able  rates   and  maintenance  of  property   in  good   order.      (Va. 

VIII  125.) 


I.M'I.X     111, 


TOWNS   « 

Public  I  ]  vui  1 1 

Ownership  and  Op^ 
Railroi 

confers  on  it  i, 
property  tab  a  by   in, 
ized  to  griml    plenary    , 
ited  by  any  pn 
lion  in  accordance  win.  1. 

May  aoqmre  water  a. 
•    Purchase  an 

furnishing  lights  and  i 

and   pi  ivate  corpon 

construction  or 

of  electors   therein   qualifii  I 

Every   grant    df    fi 
plant  of  grants 
places  to  become  propi 
tion.     But  grantee  nol 
value   of   franchise.      I 
determining   any   valuation    therein    p 
grant   of  property  so  acquin 
authoriz.ii   by   law  maintained   and 

TOWNSHIPS 

Under  this  title  art      ■       ted  all  p 
ships.    For  provision*  relating  t<>  municipalit 
state  generally,  and  lance  to  this  da- 
See  also  Towns. 
Incorporation  and  Orkani/\m,,n 

For  organization   of  counties   under   I 

—  Internal  Organization    ami   Admj 
Legislature  to  provide  by  general  law  for 

111.  X  5:  Mo.  TX  s;  Nebr.  .\ 
Special    or    local    legislation    for    im 

charters,  forbidden.      (Pa.  Ill  7.) 
Special  or  local  legislation  changing 

Private   or    special    legislation    for    it 

VI  M 

Local  or  special  legislation  inoorp- 

lines  of,   forbidden.      (Minn.    IV    3 
Legislature   may    provide    "  for   the   orjranintion. 

other  town  purposes,  of  an] 

in  counties  of  state,  but  when  county 

contains  less   than    10f>  inhabit*- 

more  adjoining  townships  or  pari 

and  other  town  purposes.      (Minn.   XI 


]486  State  Constitutions 


TOWNSHIPS    [Cont'd) 

INCORPORATION    AND    ORGANIZATION     {Cont'd) 

Legislature  to  provide  by  general  law  for  organizing  counties  into 
townships  "  having  due  regard  for  congressional  township  lines 
and  natural  boundaries "  and  where  population  sufficient  and 
natural  boundaries  permit  "  civil  townships "  to  be  co-extensive 
with  congressional  townships.      (S.D.  IX  4.) 

In  changing  lines  of  "  congressional  townships  "  natural  boundaries 
to  be  observed  as  nearly  as  possible.      (N.D.  X  167.) 

Board  of  supervisors  of  each  organized  county  may  organize  and  con- 
solidate townships  under  such  restrictions  and  limitations  as  shall 
be   prescribed   by   law.      (Mich.   VIII    15.) 

Commissioners  first  elected  to  divide  county  into  convenient  districts, 
fix  their  boundaries  and  names  and  report  to  legislature  before 
date  fixed ;  when  approved  by  legislature  these  districts  to  be 
townships;   "but  legislature  may  modify  or  abrogate".    (N.C.  VII 

3,  4,   14.) 

Legislature  to  provide  by  general  law  for  system  of  township  organi- 
zation  and  government.      (Wyo.  XII  4.) 

Legislature   to   establish   uniform   system   of   government   throughout 

state.      (Nev.  IV  25.) 

Legislature  to  provide  system  of  government  such  as  it  thinks  proper 

in  any  or  all  counties.      (S.C.  VII   11.) 

Each  of  townships  of  state  with  names  and  boundaries  established 
by  law  time  adoption  constitution  to  "  constitute  a  body  politic 
and  corporate ".  This  does  not  prevent  legislature  organizing 
other  townships  or  changing  boundaries  of  those  already  estab- 
lished; this  not  to  apply  to  specified  townships  which  by  amend- 
ment are  abolished.      (S.C.  VII  11.) 

In  counties  which  have  adopted  township  organization,  township 
local  affairs  to  be  managed  and  transacted  in  manner  prescribed  by 

general  laws.      (Cal.  XI  4.) 

When  county  adopts  a  system  of  township  organization,  local  affairs 
of  townships  of  any  such  county  to  be  managed  and  transacted  in 
manner  prescribed  by  general  law  authorizing  such  township 
organization.      (Wash.  XI  4.) 

Date   of   holding    annual   meeting   to   be   uniform    throughout    state. 

(111.   X   5.) 

No  two  to  have  same  name.      (111.  X  5.) 

Suits    and    proceedings    by    or    against    to    be    in    name    of.      (Mich. 

VIII   16.) 
Officers 

See  also  Public  Officers. 
In  General 

For  provisions  relating  to  constables.  See  Constables. 
Township  clerk  to  be  ex-officio  treasurer;   "but  legislature  may 

modify  or  abrogate".     (N.C.  VII  6,  14.) 
Township  clerk  and  justices  of  peace  to  constitute  board  of  trus- 
tees; but  legislature  may  modify  or  abrogate.  (N.C.  VII  5,  14.) 
Local   and   special   legislation   regulating,   forbidden.      (Nebr.   Ill 

15.) 


1  M  > ! 


TOWNSHIPS   (Cont'd) 
I  Mil*  BBS    [Cont'd 

Accounting  for  Public  Funds 
Legi&latrure  to  provide  foi 
eolleoted  and   all   pub] 
«  al.  XI  .".;   [da.   \\  in  8;   Pa    \i 
x"  l"  «on  who  bat 
of  township  to  be  eligibli 
honor,  trust  oi 
ounted    for   and 

Appointment 

Local  or  special  I<  gislal  ioi 

_ 
Compensation 

Legislature  to 

islal ure  to  ; 

l  l.-  ii  o\ 

by  I  lavs 

of  territory  for  "  like 
I  legislature  to  regulate  compi 
for  that  purpose  maj 

Loi  special  laws  regulatii 

Lqcal   or  special    legislation    I 

salary  or  fees  of,  forbidden. 
Creation  of  Offices 

'islature   tp   provide   bj 

tow  aship  offio  : 

[da.  Will  6;  S.D.  l\  0     W 
Legis  lature  to  pro>  tde  bj    Ism 

named  in  t  he  consl  ituti 

\1V  12;  [nd.  \  I  3;   Mont  \ \ 
Legislature  to  proi 

■2:  Minn.  XI  I 
Excepl  as  otherwise  proi  ided  bj 

vide  for  election  or  ap] 

Constitution  creati 
by   legislature  "  Bucb  muni 
territory  provide  fi 

Local    01 

•'.-,•    [da    HI    19;   Minn,  n  H 

II  • 

Election 

.   also  i:i  i .  !!••■ 

Special    ot    lo  .1 
of  board  of  bu] 
be  held 


1488  State  Constitutions 


TOWNSHIPS    (Cont'd) 
Officers    (Cont'd) 
Election    (Cont'd) 

To  elect  annually  first  Monday  April  in  each  organized  township 
following  officers:    supervisor;    township   clerk;    commissioner 
of  highways;  treasurer;  not  exceeding  four  constables  and  one 
highway  overeser  for  each  highway  district.     (Mich.  VIII  18.) 
Clerk  to  be  elected  biennially  by  voters  of  township ;  "  but  legis- 
lature may  modify  or  abrogate".     (N.C.  VII  5,  14.) 
To  be  elected  by  electors  of  each  township.      (Ohio  X  4.) 
Fees 

Legislature  to  establish  fees  to  be  collected  for  services  performed 
in  manner  and  for  uses  provided  by  law,  and  for  this  purpose 
may  classify  counties  by  population.  (Cal.  XI  5.) 
Those  established  by  special  laws  to  cease  at  adoption  constitu- 
tion and  only  those  provided  by  general  laws  to  be  thereafter 
received;  all  laws  fixing  fees  to  terminate  within  time  fixed 
after  adoption  constitution,  and  legislature  shall  by  general 
law,  uniform  in  its  operation,  provide  for  and  regulate  such 
fees  "  so  as  to  reduce  the  same  to  a  reasonable  compensation 
for  services  actually  rendered  " ;  legislature  may,  by  general 
law.  classify  counties  by  population  into  not  more  than  three 
classes  and  regulate  fees  according  to  class.  To  be  uniform  in 
same  class  of  counties.  Constitution  not  to  be  construed  to 
deprive  legislature  of  power  to  reduce  fees.  (111.  X  11,  12) 
Impeachment,  See  Impeachment. 
Place  of  Office 

To  keep  office  at  such  place  in  township  as  may  be  required  by 
law.      (Ark.  XIX  4;   Ind.  VI  6;  Ore.  VI  8.) 
Powers  and  Duties 

To  be  prescribed  by  law.      (Ida.  XVIII  6,  11;  Ind.  VI  6;  N.D.  X 

ITS;  Ore.  VI  8;  S.D.  IX  6;  Wash.  XI  5.) 
Local  or  special  legislation  prescribing  powers  or  duties  thereof 
forbidden.      (Cal.  IV  25;   Ida.   Ill   19' ;   Minn.   IV   33;   Mo.  TV 
53;  Mont.  V  26;  N.D.  II  69;  Pa.  Ill  7;  Wyo.  Ill  27.) 
Legislature   by    general    and    uniform    laws    to    prescribe.      (Cal.. 

XI  5.) 
To  be  prescribed  by  law  for  following  officers:    supervisor,  town- 
ship clerk,  commissioner  of  highways,  treasurer,  not  exceeding 
four  constables  and  one  highway  overseer  for  each  highway  dis- 
trict.     (Mich.  VIII  18.) 
Legislature  may  change   and  abolish  powers   and  duties   of  com- 
missioners and  overseers  of  highways.      (Mich.  VIII  26.) 
Except  as  otherwise  provided  by  constitution  to  be  as  prescribed 

by  law.     (Mo.  IX  14.) 

Board  of  trustees  under  supervision  of  county  commissioners  to- 

control  taxes,  finances,   roads  and  bridges,  as  prescribed  by  law. 

Legislature  may  modify  or  abrogate.      (N.C.  VII  5.  14.) 

Until  otherwise  provided  by  law  and  when  not  otherwise  provided 

by  constitution,  powers  and  duties  to  continue  as  provided  by 

laws  of  territory  for  "  like  named  officers  ".     (Okla.  Sched.  18.) 


TOWNSHIPS   {Cont'd) 
Officers   (( 

Qualifications  and  Disqualifications 

;ii  otiie  ^ 

by  con.^titut 

ot  territory   loi    "like   I 
To  be  electors  u 

Removal 

Circuit  court   to 
tion  or  ind! 
office  for  ir 
conduct,   Ilia  If. 

May    be   impeached    or 

In  such  manner  and  ( 

In    case   ot 

Legislature  to  provide,  in 

on  conviction  of  wilful,  corrupl 

Residence 

Must  reside  in  township,     (Ark.  XIX 
Selection 

Except  as  otlnru     • 
vide  for  election  or 

• 

Term 

Legislature  to  prescribe    I 

To  be  prescribed  by  law 

Two  years  and  until  BuecesBi 

Except  as  otherwi-.-  provi  I 

by  law,  but  not  t' 
To  be  prescribed  by  law  but 

otherwise  pro\  ided  in 

Not  exceeding  threi 

Such  even  number  of  ye  i 

scribed  by  legislature. 
Until  otherwise  provided  ;. 

by  constitution  term  I 
ritory  fur  "  like  ' 
Commences    tir.-t    MoJ   laj 

I  legislature  provides  otkem 

To  be  fixed  by  legislature,     (Waab.  \. 


1490'  State  Constitutions 


TOWNSHIPS    (Cont'd) 
Officers    [Cont'd) 
Vacancy 

Occurring  six  months  before  next  general  election  to  be  filled  by 
governor  (all  other  vacancies,  without  specific  mention  of 
township  offices,  to  be  filled  by  special  election).      (Ark.  VII 

50.) 
To   be   filled   in   manner   prescribed  by   law.      (Ind.   VI    9;    Ore. 

VI  9>.) 
Except  in  office  of  county  commissioner,  to  be  filled  by  appoint- 
ment by  board  of  county  commissioners;  appointee  to  bold  till 
next  general  election.      (Mont.  XVI   5.) 
Board  of   county  commissioners   to  fill   by   appointment  and  ap- 
pointees   to    hold    until    next    general    election    and    successors 

qualify.     (Wash.  XI  6.) 
Powers  and  Rights 

See  also  throughout  this  title  generally. 
In  General 

Authorized    to    make    and    enforce    within    its    limits    such    local 
police,   sanitary  and  other  regulations  as  are  not  in  conflict 
with  general  laws.      (Cal.  XI  11;  Wash.  XI  11.) 
Each  organized  township  to  be  body  corporate  with  powers  and 

immunities  prescribed  by  law.      (Mich.  VIII  16.) 
Legislature   may  by  general   law   confer  on   organized   townships 
such  powers  of  "a  local,  legislative   and  administrative  char- 
acter "  not  inconsistent  with  constitution  as  it  deems  proper. 

(Mich.  VIII  17.) 
To  have  corporate  powers  for  necessary  purposes  of  local  govern- 
ment; "but  legislature  may  modify  or  abrogate".     (N.C.  VII 

4,  14.) 
Restrictions  Upon 

Not  to  become  joint  owner  with  any  person  or  corporation,  "  pub- 
lic or  private,"  "  in  or  out  of  state  "  except  such  ownership  as 
may  accrue  to  township  jointly  with  any  person,  company  or 
corporation  by  forfeiture  or  sale  of  real  estate  for  non-pay- 
ment of  taxes  or  by  donation  or  devise  for  public  use  or  by 
purchase  by  or  on  behalf  of  any  or  either  of  them  jointly  with 
any  or  either  of  them  under  execution  in  cases  of  crimes,  pen- 
alties or  forfeitures  or  recognizance,  breach  of  condition  of 
official  bonds,  or  of  bond  to  secure  public  money  or  the  per- 
formance of  any  contract  in  which  they  or  any  of  them  may 
be  jointly  or  severally  interested.  Not  to  become  subscriber 
to    or    shareholder    in    any    corporation    or    company.      (Colo. 

XI  2.) 
Legislature    not    to    authorize    becoming    stockholder    in    foreign 

association  or  corporation.  (Fla.  IX  10.) 
Subscription  to  capital  stock  of  any  railroad  or  private  corpora- 
tion forbidden,  but  this  not  to  affect  right  to  make  such  sub- 
scriptions when  authorized  under  existing  laws  by  vote  of 
people  prior  to  adoption  of  this  amendment.  (111.  Amend. 
1870  —  Municipal   Subscriptions  to  Corporations.) 


,  I  . 


TOWNSHIPS   (Cont'd) 
Powers  ami  Riqb  rs  [( 
Restrictions  Upon     | 
Legislature  not   I 

turn,   a 

Not  to  become  sub«  ribei 

tion   or  tion.     Ami 

lature  or  by  ch  urt« 

not  prevent  Bucfa  »u 

pie  prioj 

means  | 

any  indebl 
Xu!  .to  I"'  directl]  <t  indi 

a  in 

Not    to  sub 

association   or  cor; 
No  law    to  authoi . 

pan}    by  vol  .. 

pre> 

Legislature  not   to  authi  . 

association  or  corporati   i  1\   ? 

Not  to  become  ow  i 

Legislature  not   to  authoi 

bond  in  aid  of  any  railroa  ; 
vidua]  or  corporate  ent^ 
Not   to  become   owner  of  corpora" 

corpora     • 
Control  by  State 
In    General 

Legislature  may  pr<>\idr  l.\  general  !■ 
tion    and     improvement    "f    big 

Restrictions  Upon 

Local    or    special    legislation 

(Cal.   IV  25:  Colo.  V  26;    Id  >.   Ill    19     I" 
Minn.   IV  S3;    Mo.   IV  B 

Local    and    special 
but  this 
!  egulate    compensal  ion 

Private  ano 
but   this   pr 
establish  and  regula 

Finances 

For  provisions  incidmtaUy  retai 
title,  "POWKM   am.   B 


1492  State  Constitutions 


TOWNSHIPS    (Cont'd) 
Finances  (Cont'd) 
In  General 

No  money  to  be  drawn  from  treasury  except  by  authority  of  law. 

(Minn.  XI  6;  Ohio  X  5.) 
No  money  to  be  drawn  from  township  treasury  except  by  author- 
ity of  law;  "  but  legislature  may  modify  or  abrogate  ".     (N.C. 

VII  8,  14.} 
Aid  to  Private  Enterprise 

Not  to  make  appropriation  or  pay  from  any  public  fund  or  grant 
anything  to  or  in  aid  of  religious  sect,  church,  creed  or  sec- 
tarian purpose  or  help  to  support  or  sustain  any  school,  col- 
lege, university,  hospital  or  other  institution  controlled  by 
any  religious  creed,  church  or  sectarian  denomination,  but  this 
does  not  prevent  legislature  granting  aid  to  institutions  for 
the  support  and  maintenance  of  dependent  children  and  indi- 
gent aged  persons  authorized  by  constitution.  (Cal.  IV  30.) 
Not  to  make  donation  or  grant  to  or  in  aid  of  any  person,  com- 
pany or  corporation,  "public  or  private"  in  or  out  of  state. 

(Colo.  XI  2.) 

Legislature  not   to  authorize   obtaining   or   appropriating  money 

for  corporation,  association,  institution  or  individual.      (Fla. 

IX  10.) 
Donations   to  railroad   or  private  corporation,   prohibited.      (111. 

Amend.  1870  —  Municipal  Subscriptions  to  Corporations.) 
Appropriation  or  donation  to  or  in  aid  of  railroad  or  other  cor- 
poration or  association,  forbidden,  or  college  or  institution  of 
learning  or  other  institution  of  learning  created  for  or  con- 
trolled by  state  or  others.  Authority  previously  conferred  by 
legislature  or  by  any  corporate  charter  repealed.  (Mo.  IX  6.) 
Legislature  not  to  authorize  grants  of  public  money  or  thing  of 
value  to  or  in  aid  of  individual  -or  association  or  corporation. 

(Mo.  IV  47.) 
Forbidden  to  give  or  lend  money  to  or  in  aid  of  any  individual, 

association  or  corporation.     (N.J.  I  19.) 
Not  to  make  donations  to  individual,  association  or  corporation 
except  for  necessary  support  of  poor.      (N.D.  XII   185;   Wyo. 

XVI  6.) 
Donations  to,  forbidden,  to  railroad  or  telegraph  lines.      (Wyo. 

X  Railroads  5.) 

Legislature   not    to   authorize   appropriation   of   money   to   "  any 

corporation,    association,    institution    or    individual".       (Pa. 

IX  7.) 

Not  to  make  donations  to  or  in  aid  of,  or  pay  the  debt  or  liability 

of,  individual,  association  or  corporation,  except  for  necessary 

support  of  poor.     (S.D.  XIII  1.) 

Debt,  See  "below,  this  title,  Debt. 
Taxation,  See  Taxation. 


!  :  I 


TOWNSHIPS    (Con: 
Di 

Existing  Time  Adoption  Constitution 
Nothing 

or  impair    u,\    def< 
on  amount 

ist  in^r  under  Cei  ritoi  j       1 1 
Purpose 

In   General 
Legislai  in 
pos 

public  roads,  build 
porl   pri 

•    g 

township   purpi 
debtedness  '';  but    I 
which 

rail  mail    c<  I 

Aid  to  I'i 

Legislaturi  «n- 

ship  in  aid  of 
pledge  credil  i  hi  n  of  fi 
vicinal,  association  r,r 
Not  to  lend   or   pl< 
in    aid    of    any 
amount  or  for  any  pur] 
responsible  for 
son,  company   or  ( 

Legislature  not   to  aul 
tion,  associa tioi 

Not  to  lend  or  pl< 
in  aid  of   individual, 
amount  or  for  any   pui 
debt  contracted  or  Hal 
or  corporation  in  i 
Loan  oi 

bidden.      (111.     v 
rporatioi 
Legislaturi 
struction  or  equipment 
5  per  cent,  of  value  of  I 
Legisiatui  authoi 

iciation  nr  COT] 
to  lend  credit  I 

other  institutl 


1494  State  Constitutions 


TOWNSHIPS    (Cont'd) 
Debt    (Cont'd) 

Purpose  (Cont'd) 

Aid  to  Private  or  Corporate  Enterprise    (Cont'd) 

by  state  or  others  ".  Authority  previously  conferred  by 
legislature  or  by  corporate  charters  repealed.  This  does 
not  prevent  issue  of  bonds  or  other  means  of  payment  of 
subscription  to  corporate  stock  authorized  by  people  prior 
to    constitution    or    of    other    than    existing    debt.       (Mo. 

IX  6.) 
Not  to  lend  credit  to  any  individual,  association  or  corpora- 
tion, or  become  security  for  any  association  or  corpora- 
tion.     (N.J.  I  19.) 
Credit  not  to  be  given  or  loaned  to  or  in  aid  of  any  indi- 
vidual,   association   or   corporation,   except   for   necessary 

support  of  poor.  (N.D.  XII  185.) 
No  law  to  authorize  raising  money  or  lending  credit  to  any 
company  or  association  by  vote  of  citizens  or  otherwise; 
but  this  does  not  prevent  insuring  public  buildings  in 
mutual  insurance  companies.  (Ohio  VIII  6.) 
Not  to  lend  or  give  credit  to  or  in  aid  of,  or  become  respon- 
sible for  debt  or  liability  of,  individual,  association  or 
corporation,  except  for  necessary  support  of  poor.      (S.D. 

XIII  1.) 
Legislature  not  to  authorize  township  to  lend  credit  in  aid 
of  any  railroad,  telegraph  or  other  private  individual  or 
corporate  enterprise  or  undertaking.      (Utah  VI  31.) 
Not  to  give  or  lend  credit  to  individual,  association  or  cor- 
poration except  for  necessary  support  of  poor ;    and  not  to 
give  or  lend  credit  in  aid  of  railroad  or  telegraph  lines; 
but   this   does   not   affect   obligations    contracted   prior    to 
adoption  of  constitution.      ( Wyo.  XVI  6,  X  Railroads  5.) 
Legislature  not  to  authorize  giving  or  lending  credit  in  aid 
of  any  municipal   corporation  or  to  pledge   credit  thereof 
for   payment  of   liabilities  of   any   municipal   corporation. 

#  (Cal.  IV  31.) 

Not  to  lend  or  pledge  credit  or  faith  in  any  manner  to  or  in 
aid  of  any  corporation,  "  public  or  private ",  or  become 
responsible  for  any  debt,  contract  or  liability  of  any  cor- 
poration, "  public  or  private  ",  in  or  out  of  state.      ( Colo. 

XI  1.) 

Referendum 

All  indebtedness  or  liability  in  excess  of  income  and  revenue  for 
any  year  must  be  approved  by  two-thirds  of  qualified  electors 
voting  at  election  held  for  purpose.  Except  as  provided  in 
constitution    debt   incurred    contrary    to   this    provision    to    be 

void.     (Cal.  XI  18.) 

Not  to  be  allowed  to  become  indebted  for  any  purpose  in  amount 
exceeding  in  any  year   income  and  revenue  provided   for  such 


Im-i.x    Dig] 


TOWNSHIPS    (Cont'd) 
Debt   (Cont'd) 

Referendum    i  ( 

year    without 

election  held  for  pu 

trarj    to  the   | 

this  not  to  be  oonstrm 

sary  expenses  authorized  bj    I 

Not  to  be  alloi 

purpose  to  amount 

provided  in  such  5 

voting  at  election  hel  I 
Debts    in   excess   0 

water   Bupply   1 

Bubmit  quest  ion  to  vot< 
Not  to  be  allowed  to  indebti 

purpose  to  amount 

provided  in  Buch  year  w  ith< 

voting   al  held   for  [• 

Total  amount    township 

value  taxable  propi  rtj 

district   incur   any    new   debt  or    inert-' 

amount  exceeding  -l  fx 

out  assent   •>■]    electors    I 

provided  l>y  law.     (Pa.   IS    - 
No  debt  to  be  ed  by  "  oh 

purposes   in    tli  • 

of  majority    of         tors ;   and   "civil    l 

clii  Led    in    any    "  diet 

incurred  without   B 

in  1 
Limit  of  Amount 

Not  to  be  allowed  to  b< 

purpose  to  amount  in< 

exceeding  5  per  cent  valu 

ascertained  bj 

v'ious  to  incurring  d 

in  compliance  with 

Btitution   in  pni 
Legislature 

38   in   any   mam 

of  any  or  all  rail: 

value  "i  laxabh 

B metit     fol 

N,,t  to  be  allowed  to 
to   amount    mcli 
per  c(  at. 


1496  State  Constitutions 


TOWNSHIPS    (Cont'd) 
Debt    (Cont'd) 

Limit  of  Amount   (Cont'd) 

Not  to  be  allowed  to  become  indebted  in.  any  manner  or  for  any 
purpose  to  amount  including  existing  indebtedness  in  aggregate 
exceeding  3  per  cent,  of  value  of  taxable  property  therein  to 
be  ascertained  by  last  assessment  for  state  and  county  taxes 
previous  to  incurring  such  debt;  all  bonds  and  obligations  in 
excess  of  this  amount  to  be  void;  legislature  may  extend  this 
limit  by  authorizing  municipal  corporations  to  submit  question 
to  vote  of  taxpayers  affected  when  increase  is  necessary  to  con- 
struct sewerage  system  or  to  procure  water  supply  for  such 
municipality  "which  shall  own  and  control  said  water  supply 
and  devote  revenues  derived  therefrom  to  the  payment  of  the 

debt".      (Mont.  XIII  6.) 

Shall  never  exceed  5  per  cent,  of  assessed  value  of  taxable  property 
therein.  In  computing  existing  debt  its  entire  amount  whether 
contracted  prior  or  subsequent  to  adoption  of  constitution  to 
be  included.     Bonds  or  obligations  in  excess  of  limit  to  be  void. 

(N.D.  XII  183.) 

Not  to  be  allowed  to  incur  debt  even  after  approval  on  referendum 
in  excess  of  income  and  revenue  to  amount  including  existing 
debt  in  aggregate  exceeding  5  per  cent,  valuation  taxable  prop- 
erty therein  to  be  ascertained  from  last  assessment  for  state 
and  county  purposes  previous  to  incurring  debt.  This  limita- 
tion not  to  "  apply  "  to  debt  created  or  bonds  issued  to  pay 
debt  existing  under  territory.     (Okla.  X  26,  Sched.  25.) 

Except  as  provided  in  constitution,  not  to  exceed  7  per  cent,  upon 
assessed  value  taxable  property  therein.      (Pa.  IX  8.) 

Not  to  exceed  8  per  cent,  assessed  value  taxable  property  therein 
and  not  to  be  authorized  to  increase  bonded  debt  if  existing 
bonded  debt  amounts  to  8  per  cent,  of  taxable  property  as 
ascertained  by  valuation  of  state  taxes.  When  several  political 
divisions  or  municipal  corporations  cover  same  territory  each 
of  such  divisions  or  corporations  to  "  so  exercise  its  power  to 
increase  its  debt  "  that  aggregate  debt  upon  any  territory  of 
state  shall  never  exceed  15  per  cent,  of  taxable  property  in 
such  territory  as  valued  for  state  taxes;  but  this  not  to  prevent 
issue  of  bonds  to  refund  valid  municipal  debt  contracted  in 
excess  of  the  8  per  cent,  limit  prior  to  adoption  of  constitution. 

(S.C.  X  5.) 

Debt  of  "  civil  township  "  never  to  exceed  5  per  cent,  of  assessed 
valuation  of  taxable  property  therein  for  year  preceding  that 
in  which  the  indebtedness  is  incurred;  but  additional  debt  not 
exceeding  10  per  cent,  on  such  assessed  valuation  may  be  in- 
curred "  for  the  purpose  of  providing  water  and  sewerage  for 
irrigation,  domestic  uses,  sewerage  and  o'ther  purposes  ".  "  In 
estimating  amount  of  the  indebtedness  which  a  municipal  sub- 
division may  incur  amount  of  indebtedness  contracted  prior  to 
the   adoption   of   the   constitution   shall  be   included".      (S.D. 

XIII  4.) 


• 


TOWNSHIPS    (Cont'd) 
Debt   (Com 

Bonds 

1 

No   bond    ■  ,|i,l    u,ii. 

county   cliTk  or  other  duJ 

attorney,  stal  [i 

No  bond  i 
certificate  of  town 
law  that  ft  ted  pin 

Redemption  and  Interest 
No  indebtt 
incurred   ui 
made  for  collei 
it   fails  due  and   I 

IJiiiK-ipal    within    jn    y< 

as  provided  in  constitution,  d< 

Before  incurring 
made  for  collect  ior 
due  and   to 
within  '2*  i 

Provision  to  be  ma 
of  annual  tax  suffic 
laws  or  ordinanci  - 
until  debt  paid.     (N.D 

Before  or  at  time  of  incun 
provision  to  be  inn 
pay    interest    and    to    < 
principal   within   2.".    yi 

Provision  to  be  ma 
of  annual  tax  BUffii 

Township  to  le\ 
ing   fund    to   be   us 
second,  for  paj  menl 
of  judgment 

AtithoTi 
levy  or  by  isau 

in   force  in 
PtTWLIC  T'tii.itif  s 
Franchises 
No  street 

of     township 


1498  State  Constitutions 


TOWNSHIPS    (Cont'd) 

Public  Utilities    (Cont'd) 
Franchises    (Cont'd) 

No  public  utility  franchise  "which  is  not  subject  to  revocation 
at  the  will  of  the  township  "  to  be  granted  unless  the  pro- 
position is  first  approved  by  majority  of  township  electors 
voting  thereon  at  regular  or  special  election.  (Mich.  VIII  19.) 
Xo  person,  partnership,  association  or  corporation  operating 
public  utility  to  have  right  to  use  highways,  streets,  alleys 
or  other  public  place  of  township  for  wires,  poles,  pipes,  tracks 
or  conduits  without  consent  of  duly  constituted  authorities 
thereof,  or  to  transact  a  local  business  therein  without  first 
obtaining  a  franchise  from  township.     (Mich.  VIII  28.) 

TRADE  AND  BUSINESS 

Special,   private   and   local   laws   regulating  trade,  prohibited.      (Ky.   59; 

La.  48;  Mo.  IV  53;  Pa.  Ill  7;  Tex.  Ill  56;  Va.  IV  63.) 
Secretary  of  internal  affairs  to  discharge  such  duties  in  regard  to  business 

interests  of  state  as  may  be  provided  by  law.     (Pa.  IV  19.) 
Governor  may  lay  embargoes  and  prohibit  exportation,   for  not  over  30 

days,  in  recess  of  legislature.      (Vt.  II  20.) 
Industry.  See  Industry. 
Manufacture,  See  Manufacture. 

Monopolies  and  trusts,  See  Monopolies  and  Trusts. 
State  in  business,  See  State  Business  Enterprise. 

TRANSMISSION  COMPANIES 

See  also  Transportation  Companies. 

For  provisions  relating  to  all  common  carriers,  See  Common  Carriers. 
For  provisions  relating  to  all  public  service' corporations,  See  Public  Ser- 
vice Corporations. 
For  provisions  relating  to  all  corporations,  See  Corporations. 
Telegraph  companies,  See  Telegraph  Companies. 
Telephone  companies,  See  Telephone  Companies. 
Electric  companies,  See  Electric  Companies. 
Acceptance  of  State  Constitution 

Complete   acceptance   of   constitution   prerequisite   to  benefit  of  any 
future  legislation;  provision  does  not  validate  any  charter.     (Okla. 

IX  11.) 
Appeals  from  Commission  to  Supreme  Court 

Allowed  from  action  on  rates,  charges,  classifications,  train  schedules, 
additional   facilities,   suspending  bonds  and  additional  security  on 

appeal.      (Okla.  IX  20;  Va.  XII  156d.) 

Court  must  substitute  own   order  for  reversed  order  of  commission, 

which   has  effect  as  of  original   date  of  reversed  order;    otherwise 

reversal  order  invalid.     (Okla.  IX  23;  Va.  XII  156g.) 

New  evidence  not  to  be  introduced;  commission's  order  deemed  prima 

facie    correct;    case    may    be    remanded    for    further    investigation. 

(Okla.  IX  22;  Va.  XII  156f.) 

Other  orders  of  commission,  based  on  different  -circumstances,  are  not 

affected,  on  appeal  from  an  order.      (Okla.  IX  23;  Va.  XII  156g.) 


Imh.x    Dig 


TRANSMISSION    COMPAN.l 

APPEALS     FBOW      <    OM  M  ! 

Removal  of  __ 

and  heard  at  all  til 

Sir 

rates,  classification, 
pen  ling  ap] 

As  Cow  MOH  Uabbo 
Declared  t<>  be 

ami  mi:  lability 

1  \ 

Con  mi  i  tows   \\i)  Cboj 
Every  publ 

■ 
ly   '•!■   d  ition,  n 

- 
prescribed  by  i 
Publie 
proiit   must  make  physical 
service  corpi 

■ 
_lit   in  every  public   - 
do  transmission  busim  - 
cross,  intersect   or  connect   with   1  cor 

Right  to  connect 

receive  ami  transmit   other's 

CONSOODATIOX 

Jurv  trial  I  mine  v. 

be  demanded  by  complainant. 

Not   to   consolidate   stock. 

Permitted  with  written  consent 
may  further  limit 
CONSTIMI   HON    AND  OPEBA  I  I"N 

Every  public  service 
of  state  to  do  tranamittii 
o]  .-rate  lim  en  ani 

Definition 
Includes 
operating  for  h 


* 


DlSCRIMIN  LTION 
Corporation    • 
where     inb 

Xo  discriminat 


1500  State  Constitution;: 


TRANSMISSION   COMPANIES    (Cont'd) 
Discrimination  (Cont'd) 

No  discrimination  or  delay  to  be  made  in  receipt,  transportation  or 
delivery  of  messages  which  they  are  required  to  receive,  transmit 
or  deliver,  by  public  service  corporations.     (Ariz.  XV  9.) 
Franks,  See  below,  this  title,  Hates. 
Officers,  Agents  and  Employees 

Ineligible  to  state  corporation  commission.     (N.M.  XI  3.) 
Passes  and  Reduced  Rates,  See  below,  this  title,  Rates. 
Private  Actions  or  Proceedings 

No  question  of  reasonableness,  justness   or  validity  of  commission's 
order,  made  within  its   authority  and  then   in  force,  to  be  raised 
directly  or  collaterally.     (Okla.  IX  24.) 
Private  cases  involving  commission's  order  not  to  be  heard,  on  objec- 
tion,  pending   suspension   of   order   in   supreme   court    or   by    law. 

(Okla.  IX  24.) 
Private  rights  of  action  not  affected  by  penalties  imposed  by  commis- 
sion on  company.     (Okla.  IX  24.) 
Property 

Rolling  stock  and  other  movable  property  is  personal  property;    all 
real  and  personal  property  liable  to  execution  and   sale  and  may 
not  be  exempted  therefrom.     (Okla.  IX  7.) 
Rates 

For  same  class  of  messages  rates  not  to  be  more  for  shorter  than 
including  longer  distance  over  same  line  in  same  direction  unless 
state  corporation  commission  permits  in  certain  named  cases;  ex- 
ceptions enumerated.  (N.M.  XI  10;  Okla.  IX  30;  Va.  XII  160.) 
For  same  kind  of  message  rates  not  to  be  more  for  shorter  than  in- 
cluding longer  distance,  over  same  line  in  same  direction,  except 
that  air-line  distance  may  be  basis  in  certain  cases;  corporation 
commission    may    prescribe    other    rates;     exceptions    enumerated. 

(N.M.  XI   10.) 
"  Frank  "  means  writing  or  token  issued  by  or  under   authority   of 
transmission   company,   entitling  holder  to  any   service   from   such 
company  free  of  charge.      (Okla.  IX  34;  Va.  XII  153.) 
No  discrimination  to  be  made  between  places  or  persons.     (S.C.  IX  5.) 
Passes  forbidden  except  to  employees  and  their  families  and  numerous 
named  classes  of  persons,  such  as  those  engaged  in  religious  and 
charitable  work,   destitute  persons,  ex-soldiers,  caretakers  of  ship- 
ments,   inspectors,   etc.,    and    in    cases   of   calamitous  visitation"; 
violation  of  section   a  crime  and  legislature  to  provide   penalties. 

(Okla.  IX  13.) 
Passes  or  reduced  rates  not  offered  public  not  to  be  granted  member 
of  legislature  or  state,  county,  district  or  municipal  officer;  members 
and  officers  of  corporation  commission  excepted,  penalties  on  com- 
pany to  be  prescribed;  on  recipient,  forfeiture  of  office  and  other 
penalties  to  be  prescribed;  street  railroads  excepted  as  to  policemen 

and  firemen.     (Va.  XII  161.) 
Shall  be  construed  to  mean  rate  of  charge  for  any  service  rendered 
or  to  be  rendered  and  includes  joint  rates,  and  "  charge  "  includes 
joint  charges.     (Okla.  IX  34;  Va.  XII  153.) 


I   .  ]] 

TRANSMISSION   COMPAN'll 

I;  mi 

Special    ratea  permitted   ■ 

1 limitation  ,, 

servi  ikla,   l\ 

Special   rata   pen 

commutation  ticki 

United  Stafc 
Supervision  and  c 

Regtjlatioh 

By  Commission 
Corporation    i 

require 
Corporation  comn 

■ 

Xo  order  of  commies 

Rate:    lb    '.    i  • 

reference    I  .9m. 

pany  ns  a  whole  within 
Rates.,  classifications,   rules, 

scribed    by    corporation    oomn 

Supervision  and  fonlr.il  in  nil  m   • 
rates,   abuse?,    fari 
poration  commission.     (Okln.  1 
Definition 

Includes  joint  regUlatii  i 

By  Legislature 

Legislature   to   prevent    al 
cliarges,  supervise  an  I 
and    provi 

Repeal  of.  Constitutional  Pbovi 
After  a   designated   d   I 
provisions  of  constituti 
vice  corporations,   their  i   v 

After  a  designated   da1 
provisions  of  eonstibrl 
powers  and  duties  and  pr<> 

■ 

TRANSPORTATION  COMPANIES 
See  also  TRANSMIS8K 
For  provisions  relating  to  all 
For  provisions  relating  to  all 


1502  feTATE  Constitutions 


TRANSPORTATION   COMPANIES    (Cont'd) 
Car  companies,  See  Car  Companies. 
Common  carriers,  See  Common  Carriers. 
Express  companies,  See  Express  Companies. 
Railroads,  See  Kailroads. 

Sleeping  car  companies,  See  Sleeping  Car  Companies. 
Steamship  companies,  See  Steamship  Companies. 
Street  railroads,  See  Street  Railroads. 
Acceptance  of  State  Constitution 

"  Complete  "  acceptance  of  constitution  prerequisite  to  benefit  of  any 
future     legislation;      provision     does     not    validate     any    charter. 

(Okla.  IX  11.) 
Must    accept    provisions    of    constitution    as    condition    precedent    to 
benefit  under  future  general  or  special  laws,  "  other  than  in  execu- 
tion of  a  trust  created  by  law  or  by  contract".     (Ala.  XII  246.) 
Must  accept  provisions  of  constitution  as  condition  precedent  to  ben- 
efit under  future  general  or  special  laws.      (Pa.  XVII  10.) 
To  be  filed  "  in  binding  form  "  in  secretary  of  state's  office  as  pre- 
requisite to  benefit  of  any  future  legislation.     (Colo.  XV  7;  Mont. 

XV  8.) 
To  be  filed  in  secretary  of  state's  office  as  prerequisite  to  benefit  of 
any  future  legislation.      ( Wyo.  X  Railroads  6.) 

Appeals  to  Courts 

Appeals  from  rates  fixed  by  legislature  to  courts  permitted,  rates  so 
fixed  standing  pending  appeal.      (N.D.  VII  142.) 

On  decision  of  railroad  commission  on  right  to  raise  rate,  not  review- 
able except  on  question  of  confiscation.      (Cal.  XII  20.) 

Rates  fixed  by  board  of  railroad  commissioners  stand  pending  appeal 

to  courts.      (N.D.  VII   142.) 

To  supreme  court;  new  evidence  not  to  be  introduced;  commission's 
order  deemed  prima  facie  correct;  case  may  be  remanded  for  fur- 
ther investigation.      (Okla.  IX  22;  Va.  XII  156f.) 

To  supreme  court;  court  must  substitute  own  order  for  reversed 
order  of  commission,  which  has  effect  as  of  original  date  of  re- 
versed  order;    otherwise  reversal   order   invalid.      (Okla.    IX   23; 

Va.  XII  156g.) 

To  supreme  court  on  rates,  charges,  classifications,  train  -  schedules, 
additional  facilities,  suspending  bonds  and  additional  security  on 
appeal,  provided  for.      (Okla.  IX  20;  Va.  XII  156d.) 

To  supreme  court;  other  orders  of  commission,  based  on  different 
circumstances,  are  not  affected.      (Okla.  IX  23;  Va.  XII  156g.) 

To  supreme  court;  supersedeas  may  be  granted;  suspending  bond 
required  to  prevent  rates,  classification,  etc.,  becoming  effective; 
accounts  must  be  kept,  pending  appeal,  of  disputed  amounts  col- 
lected, to  make  refunds,  if  ordered.      (Okla.  IX  21;  Va.  XII  156e.) 

Any  company  which  does  not  comply  with  order  of  commission  may 
remove  cause  to  supreme  court  (detailed  provisions  given).      (N.M. 

XI  7.) 


J  M>1 


TRANSPORTATION   COMPANY      I 
Bonds 

Fictitious  iiici' 
To  be  issued  onlj   I 
be  dune)  ox  moneg  oi  prop* 
Cabs  or  Motive  Pown 

Preferences  in  furnishing 

lessee,  manager  or  em] 
As  Common  *  much  bj 
Declared  to  be  commo 

subject  to  legislate 

Declared  to  1" 

BOriB,     pi  "I"  :  ;_. .     m 

Declared  to  be  common   carrii 

[i  al.  Xll  17;  Utah  Ml  12;  Wash.  M: 

Declared  to  be  con 

Lire  and  subject  to  liability 
Connection  &  and 

Every    public 

state  must  receive  and  transport,  v>it 
cars,   loaded   oi 

loaded  or  empty,  wit  li"iu  d.  I -u  or  die  rim 
tation  corporations,  under  regulati 

Must  receive  and  transport  each  ol 

out  discrimination  or  unnecessary   delay. 

Right  to  connect  at  state  lines  or  into 
way  or  road ;  must  receive  other  i 
without  delay  or  discriminate' 

Right  in  every  publie  service  corpi 
do  transportation  business  in 
to  cross,  intersect  or  connect  with  lit 

Consolidation 

Holding  companies,  control  of 

bidden  by  constitution,  forbid 
Jury  trial  to  determine  whether  lil 

be  demanded  by  complainant. 
Not  to  consolidate  stock,  properl 

common  with  parallel  i 
Not  to  consolidate  Btock,  prop  rtj 

Permitted   with    writfo 
lature  may  further  limit  i 

CONSTROTloN 

Every  public  .- 
of  state  to  do  trail 
operate  lil 


±'0V±  OXATJi     V^  DESTITUTIONS 


TRANSPORTATION   COMPANIES    (Cont'd) 
Definition 

Includes  any  company,  trustee  or  other  person  owning,  leasing  or 
operating  for  hire  railroad,  street  railway,  canal,  steamboat  or 
steamship  line,  freight  car  company,  car  association,  car  trust,  ex- 
press company,  or  company,  trustee  or  person  in  any  way  engaged 
in  business  as  common  carrier  over  route  acquired  in  whole  or  part 

by  eminent  domain.  (Va.  XII  153.) 
Includes  any  company,  corporation,  trustee,  receiver  or  other  person 
owning,  leasing  or  operating  for  hire,  railroad,  street  railway,  canal, 
steamboat  line,  freight  car  company,  car  association,  express  com- 
pany, sleeping  car  company,  car  corporation,  or  company,  trustee 
or  person  in  any  way  engaged  in  such  business  as  a  common  car- 
rier over  route  acquired  in  whole  or  part  by  eminent  domain  or 

under  federal  grant.      (Okla.  IX  34.) 
Discrimination 

In  charges  or  facilities  between  places  or  .persons  for  freight  or  pas- 
sengers, forbidden.      (Cal.  XII  21.) 
In  charges  or  facilities  between  places  or  persons  for  freight  or  pas- 
sengers, or  in  facilities  for  transportation  of  same  classes  of  freight 
or  passengers,  forbidden.      (Wash.  XII  15.) 
iSame ;    except  that  commission  may  permit  competitive  rates  at  junc- 
tional  and    competitive    points,    with    water    competition    or    with 

points  in  other  states.     (S.C.  IX  5.) 
In  charges  or  facilities  between  transportation   companies   and   indi- 
viduals by  abatement,   drawback,  etc.,  forbidden.      (Ark.  XVII   6; 

Pa.  XVII  7.) 
In  charges  or  facilities  between  transportation  companies  and  indi- 
viduals,  forbidden.      (Mo.   XII   23.) 
In  charges  or  facilities  for  freight  or  passengers,  forbidden.     (Mont. 

XV  7.) 

Commission  may  permit  discrimination  by  making  competitive  rates 

at  junctional  and  competitive  points,  with  water  competition  or 

with  points  in  other  states.      (S.C.  IX  5.) 

Corporation  commission  to  institute  cases  before  federal   authorities 

where    interstate    rate     discriminates     against    citizens    of     state. 

(N.M.  XI  9.) 
Delay  or  discrimination  in  receipt  or  transportation  of  cars,  loaded 

or  empty,  from  other  lines,  forbidden.      (S.C.  IX  6.) 
Same;    or  in  delivery  of  same.      (Ariz.  XV  8.) 

Delay  or  discrimination  in  receipt  or  transportation  of  passengers  or 
freight   from    other    lines,    forbidden.      (Ariz.    XV    8;    S.C.    IX    6; 

Utah  XII  2.) 
Equal  rights  to  all  to  have  persons  or  property  transported ;    prefer- 
ence may  be  given  perishable  property.      (Ida.  XI  6.) 
"  Long  and  short  haul  "  provisions,  See  below,  this  title,  "  Long  and 

Short  Haul  "  Provisions. 
Passes  or  reduced  rates,  See  below,   this  title,  Passes  or  Reduced 

Rates. 


■ 

TRANSPORTATION   COMPANJ 

DlSCBIMINATIO 

la    ral   - 
epeciaJ    rates,    •  p 

i'atii.ii  i.  ., 

"  ■''  I 

tor  tram 

I  NJ>i:i:i  I  I)  \  ! 

Fictitious  i'. 
Ltabiu  iv  Coo  new  re 
May    not    conl 

"  l.nM,    A.WB  II  m  i         Ik, a  :  - 

;t   tnaj ,  after  ii 
than  foi 

Commission    may   auth 
haul  "   provision    to   or    fi 
where  competition  of  points  in  othei 
teet  eomraerce  of  state.     (N.M.  X] 

Commission  not  prevented  by  "long  and 
making  competil  ire  i. 
water  competition  >t  with  | 

Persons  ami  property   to  I 
than  including  longer 
Ilia:  interim 

Persons  an  I  pi  opei  I 
same  class  to  more  distant   pi 

• 

Persons  and  pi 
for  same  ebtfifi,  In   i 

<jFF!CKi:s.   Ai  n  Ekfuoti 

[oeligiWte  t,>  91  rte 

OB   Ki  i>i  ■  BD    Ham  - 

Acceptance   by   member  of   I 
functions  a  mi-  I 
diction  "f  offense;    up* 

Excursion   ami   eorarootatfon   I 

l'.seur.-ion    ami    '-": 

Forbidden  except  :• 
18 


1506  State  Constitutions 


TRANSPORTATION   COMPANIES    (Cont'd) 
Passes  or  Reduced  Rates    (Cont'd) 

Forbidden  to  person  holding  office  of  honor,  trust  or  profit  in  state; 
acceptance  by  member  of  legislature  or  public  officer,  except  rail- 
road commissioner,  forfeits  office.      (Cal.  XII   19.) 

Forbidden  to  members  of  legislature,  board  of  equalization,  or  state, 
county  or  municipal  officers.      (Mo.  XII  24.) 

Forbidden  to  members  of  legislature  or  state,  district,  county  or 
municipal  officers,  except  railroad  commissioner.      (Miss.  VII  188.) 

Free  transportation  must  be  furnished  within  state  to  members  of 
commission  and  its  officers.      (Va.  XII  155.) 

Not  forbidden  by  constitution  in  serving  state  or  local  governments, 
charities,  fairs,  or  destitute  or  indigent  persons.      (La.  286.) 

Other  than  as  given  public  generally,  forbidden  to  member  of  legis* 
lature  or  person  holding  any  public  office  within  state;  legislature 
to  pass  laws  thereon.      (Wash.  II  39,  XII  20.) 

Other  than  as  given  public  generally,  forbidden  to  member  of  legis- 
lature or  state,  county,  district  or  municipal  officer;  members  and 
officers  of  corporation  commission  excepted;  penalties  on  company 
to  be  prescribed ;  on  recipient,  forfeiture  of  office  and  other  penal- 
ties to  be  prescribed;  street  railroads  excepted  as  to  policemen  and 

firemen.      (Va.  XII  161.) 

Other  than  as  given  public  generally,  forbidden  to  member  of  legis. 
lature  or  any  salaried  officer  of  state;  suitable  penalties  to  be  pro- 
vided.     (Fla.  XVI  31.) 

Other  than  as  given  public  generally,  forbidden  to  member  of  legis- 
lature or  officer  exercising  judicial  functions;  bona  fide  employees 
who  are  members  of  legislature  excepted.      (Ala.  XII  244.) 

Passes  forbidden  except  to  employees  and  their  families  and  numer- 
ous named  classes  of  persons,  such  as  those  engaged  in  religious  and 
charitable  work,  destitute  persons,  ex-soldiers,  caretakers  of  ship- 
ments, inspectors,  etc.,  and  in  cases  of  "calamitous  visitation"; 
violation   of   section   a  crime  and  legislature  to   provide   penalties. 

(Okla.  IX  13.) 

Piuses  to  any  officer  of  state,  legislative,  executive  or  judicial,  to  be 
prohibited  by  legislature.      (Ark.  XVII  7.) 

Passes  to  ministers,  hospital  inmates,  or  to  railroad -officers,  em- 
ployees, stockholders  and  directors,  not  prohibited  by  constitution. 

(La.  287.) 

Special  rates  not  forbidden  by  constitution  for  exigencies;  in  mileage 
and  commutation  tickets;  for  public  objects;  in  state  or  United 
States  service.     (Okla.  IX  30;  Va.  XII  160.) 

Special    rates    permitted    for    exigencies;     in    mileage,    excursion    and 
commutation  tickets;   for  public  or  charitable  objects;  in  state  or 
United  States  service.      (N.M.  XI  10.) 
Private  Actions  or  Proceedings 

No  question  of  reasonableness,  justness  or  validity  of  commission's 
order,  made  within  its  authority  and  then  in  force,  to  be  raised 
directly  or  collaterally.      (Okla.  IX  24.) 


■ i.M-I.X      Dl( 

TRANSPORTATION    COMPAIs 
Peivati 
Privati 
tion,    pendii 

Private  rig 

Rolling  stock  and  other  n 
real   and   p.  rsonal    • 

i;.\ 

Discriminal 

"  Long  and  haul "  p 

Passes   or 

Regulation    by    legislator* 

Shall  be  construed  to  mi  a  i 
or  tn  be  rendered  and  includes  joinl 
joint  charges.      (Okla.   I\  34 j   Va.  Ml    IS 

Regulation 

Appeals  to  courts,  Set    above,  thi     title,  Appi 
Under    general    supervision 

Bocks  and  records  may  be  in 
ina\  [uiredj  by  corporal  ii 

Books  and 

of  account-  may  be  prescribed 

Corporation  commission 

institute  case-  before  federal 
etc.,  or  discriminati 


Legislature    to     prevent     abu 
charges;    supervise  and   regul  ib 
provide  penalties  to  extent  of  i 

No  order  of  commission  .-hall  I 


i 


Railroad   commission   not   prohil 
shippers,  if  n<>  discrimination 

Kate-,   classifications,    i 
by  corporation  commission 

Rates,  facilities   enuipm< 

corporation    COB  I.  XI    I 

Rates  ma:    '     '      lblished  ' 


1508  State  Constitutions 

TRANSPORTATION  COMPANIES   (Cont'd) 
Regulation   ( Con t'd ) 

Rales   or   charges   may   be  raised  only   upon   showing  before   railroad 
commission,  wlto?e  decision   is  reviewable  only  on  question  of  con- 
fiscation.     (Cal.  XII  20.) 
Legislature    may    enact    laws    regulating    and    controlling    rates    of 
charges  for  transportation  of  passengers,   intelligence   and   freight, 
as  common  carriers,  from  one  point  to  another  in  state.      (N.D. 

VII  142.) 

Supervision    and    control    in   all    matters    relating    to   public    duties, 

rates,  abuses,  facilities,  inspection,  etc.,  vested  in  state  corporation 

commission.      (Okla.  IX  18;  Va.  XII  156b.) 

Term  "  regulation  "  includes  joint  regulations.      ( Okla.  IX  34 ;  Va. 

XII  153.) 
Repeal  of  Constitutional  Provisions  by  Legislature 

After  a  designated  date,  legislature  given  power  to  repeal  certain 
provisions  of  constitution  relating  to  certain  classes  of  public 
service  corporations,  their  rates,  facilities,  etc.  (Okla.  IX  35.) 
After  a  designated  date,  legislature  given  power  to  repeal  certain 
provisions  of  constitution  relating  to  corporation  commission,  its 
powers  and  duties  and  procedure  on  appeal  therefrom.      (Okla.  IX 

35;  Va.  XII  156    (1).) 
Reports 

Special,  in  addition  to  annual,  reports  may  be  required  by  secretary 

of   internal    affairs.      (Pa.    XVII    11.) 
iSpecial   reports,   under   oath,   may  be   required   by   state   corporation 

commission.      (N.M.    XI    11.) 
Safety  Appliances 

May  be  required  by  corporation  commission  where  necessary  or  where 
required   by   federal   law;    right   to   remove   question   to   supreme 

court  provided  for.      (N.M.  XI  7.) 
Stock 

Fictitious  increase  of  stock  or  indebtedness  shall  be  void.      (Miss.  VII 

196.) 

To  be  issued  only  for  money,  labor  done   (or  in  good  faith  agreed  to 

be  done)   or  money  or  property  actually  received.      (Miss.  VII  196.) 

TREASON 

As  qualification  for  office,  See  Public  Officers  —  Qualifications  and 

Disqualifications. 
As  disqualification  to  vote,  See  Elections  —  Qualifications  and  Dis- 
qualifications of  Electors. 
Attainder  by  legislature,  See  Attainder. 
Bail  in  cases  of,  See  Bail. 
Definition 

Shall  consist  only  in  levying  war  on  state,  adhering  to  enemies,  or 
giving  them  aid  and  comfort.  (Ala.  I  18;  Ariz.  II  28;  Ark.  II  14; 
Cal.  I  20;  Colo.  II  9;  Conn.  IX  4;  Del.  VI  3;  Fla.  D.R.  23;  Ga.  I 
Sec.  II  2;  Ida.  V  5;  Ind.  I  28;  Iowa  I  16;  Kan.  B.R.  13;  Ky.  229; 
La.  163;  Me.  I  12;  Mich.  II  21;  Minn.  I  9;  Miss.  Ill  10;  Mont. 


TREASON   [Cont'd] 

Defohtio.v   (Cont'd) 

III  ■«.   \i.     ;i 

X.C.  IV  5;  X.l).  I   ]■>-,  OkU.  1 
■  Tex.   I  22;   I  ml.   1    l 


EVTDBITOE    \hkss\ky    i 

Tesfimonj   of 
in  open  court. 
Colo,  n  9;  Conn.  IX  4;  ] 

Ida.  V  :>:   [nd. 

Met  I  13;  Mkh;  II  21;  Mm,.. 
ni  9;  tfebr.  E  14;  Nev.   I 
X.n.  1   !  i.U  18;  I 

Wash.  I  27;   W.V.i.  II  6;  Wi      1 
No  person  to  be  convicted  of  unl< 

Pardons,  Kki'kii.yi  9,  a 

In  cases  of  treason  go 

■.t  session  of  leg  I    2 

In  cases  of  treason,  governor  i 
senate,  and  may  respiti 

In  case  of  treason,  governor  maj 
session   of  legislature,   in   which    1 

In  case  of  treason,  governor  with 

grant  pardons,  and  to  I 

succeeding  Session  "f 
In  case  of  ; 

grant  repri 

sentence  until  adjourni 

■ 
On  conviction  I 

nut  il  case  repoi 

shall  either  pardon,  dired 

On  conviction  f 
uni :7  case  ri  pi 

!on.  cor 

fin  ■  ri.  w.     fGft.  V  Sec.  I  12 

VI  9     '  If.  V.  1" 

-  ime-  "  nexl  reg-ulnr 

- 

Same:    °  nexl    regul  i 

"  or  granl    fui 
On 

nnti 

1 

repi 


3  510  State  Constitutions 


TREASON    (Cont'd) 

Pardons,  Reprieves,  and  Commutation  of  Sentence   (Cont'd) 

sentence  to   be   enforced   at  time   and   place   directed   by   governor. 

(Ma.  IV  11;  Nev.  V  13.) 
Cases  of  treason  excepted  from  power  of  governor  to  grant  reprieves 

and  pardons.     (Ariz.  V  5;  Colo.  IV  7;  Mo.  V  S;  X.M.  V  6.) 
Cases  of  treason  excepted  from  power  of  governor  or  board  of  pardons 

to  grant  commutation  of  sentence.      (Ariz.  V  5:   Ark.  VI  18;   Colo. 

IV  7;   La.  70;    Mo.  V  S;    Tex.   IV   11.  j 
Cases  of  treason  excepted  from  power  of  governor  or  board  of  pardons 

to  remit  fines,  penalties  and  forfeitures.     (Ark.  VI  18;  Fla.  IV  12; 

Ga.  V  Sec.  I  12;  Ida.  IV  7;  La.  70;  Miss.  V  124;  Nev.  V  14;  N.D. 

Ill  7(3:   S.D.  IV  5;   Utah  VII  12;  Vt.  II  20;   YYyo.  IV  5.) 
Cases  of  treason  excepted  from  governor's  power  to  remove  disabilities 

imposed   by    law.      (Ga.    V    Sec.    I    12.) 

PrXISIIMEXT 

Conviction  of  treason  not  to  work  corruption  of  blood  or  forfeiture  of 
estate.      (Conn.  IX  4;  Fla.  D.R.  23;  Ida.  V  5;  N.C.  IV  5.) 

To  be  punished  according  to  character  of  acts  committed,  by  infliction 
of  one  or  more  of  the  penalties  of  death,  imprisonment  or  fine,  as 
prescribed   by   law.      (W.Va.   II   6.) 

TREASURER 

Under  this  heading  are  digested  those  provisions  which  specifically  refer 
to  this  officer.     For  provisions  relating  to  all  officers  and  hence  to  this 
one,  See  the  title  Public  Officers. 
Accounts 
Keeping 

To  keep  separate  account  of  each  fund  in  hands.      (Colo.  X  12; 

Mont.  XII  13.) 
To  keep  separate  accounts  of  funds,  and  number  and  amount  of 

warrants  received  and  from  whom.      (Mo.  X   16.) 
Uniform  system  of  bookkeeping  for  use  of  all  treasurers  to  be 
prescribed  by  state  examiner.      (Okla.  VI  10.) 
Reports 

On  matters  pertaining  to  office  if  required  by  governor  or  legis- 
lature.      (Ala.    V    137.) 
Legislature   to   provide   concerning   annual   or   biennial   reports. 

(Me.  Amend.  23.) 
To  compile  and  have  published  report  on  or  before  December  31st 

for  preceding  fiscal  year.      (Miss.  IV  115.) 
Every   year    at    time    fixed    by    legislature    to    make    report    to 
governor  showing  receipts   and  disbursements   of  every   char- 
acter,  claims   audited  and  paid  out  by  items,   and  taxes   and 
revenues  collected  and  paid  into  treasury  and  sources  thereof. 

(Ala.    V    137.) 

Accounts    rendered    quarterly    to    comptroller,    and    copies    of 

accounts  rendered  and  settled  to  be  submitted  to  both  houses 

of  legislature  on  third  day  of  each  regular  session.      (Md.  VI 

4.) 


I 

TREASURER   [Cont'd) 

A<    ,   OTJ    ■  |  Tr/l 

Reports    [Con? 
To  mak< 

ite,   includir 

and    6X] 
■  ml    of    ■ 

writing  un 

h  fund,  pli 
amounl 

each  fundi  pla 
of  every  w 
warrant  paid  duj 

Publication 

( rovernor  to  publish  1 1 
paper 


To  publish  monthly  in  Buch  n< 

an  abstract 

place  or  places  of  dej 
Detailed  statement   of  m< 

ceding  year,  for  what  pui 

law    authorized,    and    of    all 

authority  and   from   v 

newspaper 

and    in    n< 
Within    10   da\  a    aft. 

to   publish 

government,  showii  *  \>\r.\ 

and  in  wliat    fund- 
In-  has  verified   counl   of  f  n 
To  publish  quarterly 
ernor,  Bhov 

vcnmr.  or  01 1"  r  • 
quarterly    I 
government,  and  othei 

Audit    and    Examination, 
Appointment  bi 
Assistants 

Appropriations  for 

and  n"t   to 
No  -alary  for 


Clerical 


1512  State  Constitutions 


TREASURER   {Cont'd) 
Bond 

To  be  prescribed  by  law.     (Md.  VI  1.) 

Sureties  to  satisfaction  of  legislature.      (Me.  V  Pt.  IV  2.) 

To  give  bond  and  security  under  regulations  prescribed  by  law  for 

faithful  discharge  of  duties.      (Ga.  V  Sec.  II  6.) 
Sufficient  security  given  secretary  of  state,  in  behalf  of  state,  before 

governor  or  justice  of  highest  court.      (Vt.  II  25.) 
May  be  required  by  governor  to  give  reasonable  additional  security; 

in  default  of  so  doing,  office  to  be  deemed  vacant.      (111.  V  2.) 
Of  not  less  than  double  amount  of  money  that  may  come  into  hands, 
and    not    less    than    $50,000 ;    sureties,    and    approved    "  thereof ", 
and  increase  of  penalties,  as  may  be  prescribed  by  law.     (Xebr.  V 

25.) 
Treasurer  and  sureties  in  all  cases  responsible  for  keeping  and  man- 
agement of  public  funds  in  hands  of  treasurer  notwithstanding  regu- 
lations by  legislature  therefor.     (Colo.  X  12;  Mont.  XII  13.) 
Compensation 
Salary 

As  to  whether  salary  fixed  may  be  changed  by  law,  See  below, 

this  subdivision,  Increase  on  Decrease. 
Fixed  by  law.     (Ala.-V  118;  Colo.  IV  19;  111.  V  23;  Kan.  I  15; 
Minn.  V  5;  Miss.  V  134;  Mo.  V  24;  X.Y.  V  1;  X.C.  Ill  15; 
Ohio  III   19;   Okla.  VI   34;    S.C.   IV  24;   W.Va.  VII   19;    Wis. 

VI  3.) 
Fixed  at  9800.     (Ore.  XIII  1.) 
Fixed  at  $1,000.     (Ida.  IV  19;  Utah  VII  20.) 
Fixed  at  $1,800.      (S.D.  XXI  2.) 

Fixed  at  $2,000.     (Fla.  IV  29;  X.D.  Ill  84;  Wash.  Ill  19;  Wyo. 

IV  13.) 
Xot  to  exceed  $2,000.     (Ga.  V  Sec.  II  2.) 

Fixed   at  $2,500.      (Ark.   Sched.   2S;    Md.   VI    1;    Mich.   VI   21; 

Xebr.    V   24.) 
Fixed  at  $2,500  "and  no  more".      (Tex.  IV  23.) 
Fixed  at  $3,000.      (Ariz.  V  13;  Mont.  VII  4:  X.M.  V  12;  Okla. 

Sched.  15.) 
Fixed  at  $4,000:     (La.  81.) 
Fixed  at  $5,000.      (Cal.  V  19.) 

Acting  as  governor,  same  as  governor.      (Ala.  V   129.) 
Increase  or  Decrease 
In   Genrral 

Allowed.      (Ariz.  V  13;   Idi.  IV  19;  Mont.  VII  4;   X.D.  Ill 

84;   Okla.  Sched.   15;  Utah  VII  20;   Wyo.  IV  13.) 
Allowed    after   eight   years   from    adoption    of    constitution. 

(Fla.  IV  29.) 
Allowed   after    10   years   from   date   of   admission   as   state. 

(X.M.  V  12.) 
Allowed,  but  total  not  to  exceed  $3,000.      (Ark.  XIX   11.) 
Increase  allowed,  but  total  not  to  exceed  $4,000.     (Wash.  Ill 

19.) 


TREASURER    « 

COMPENSATION        ' 

Increase  or  Decrease  I 
In 

S  \i 


Prohibited  dm 

111 

84;  Ohio  III    I 
Prohibi 


Prohibited  to 

only   salary    pi 

Compensation   Other  Than   Salary 
Emolument   OJP   alluwiuic-  other   : 

Salary  to  be  in  full  payment  for  ail 

Salary  to  be  in  full   for  all   - 

or  employment  during  tan 

M 
Compensation  lim  \  i  i    \ 

V  23;  Ky.  96; 

XT.  V  1;  Okla.  VI  34;  W.Va,  \ll 

ligation  limited 
absent  froi 

Not  to  receive  additional  i 

rendered  state  in  i 

or  other  interests  belo 
Fees  For  perfoi 

Mtont.  VII   »;  N.M.  V 
Fees  or  perquisites  f< 

(Al  ..  \    137 j  A.k.  M  \  r 

VI  i :  Mich   \!  _•: 

VI  34;  Ore.  XIT1   1;  S.D.  XXI 

or  for  perfoi  i 
when  abeenl    ti 


1514  State  Constitutions 


TREASURER   (Cont'd) 

Compensation    (Cont'd) 

Compensation  Other  Than  Salary   (Cont'd) 

Costs  not  to  be  received.     (Ala.  V  137;  Ark.  XIX  11;  111.  V  23; 
Mo.  V  24;  Xebr.  V  24;  Okla.  VI  34;  Tex.  IV  23;  W.Va.  VII 

19.) 
Commissions  not  to  be  received.     (Md.  VI  1.) 
Interest  on  public  moneys  in  hands  or  under  control,  not  to  be 

received  to  own  use.     (Xebr.  V  24.) 

Fee.   interest  or   reward  from  any  person,   bank  or  corporation 

for  deposit  or  use  of  public  funds,  not  to  be  allowed  directly 

or  indirectly;  legislature  to  enforce  by  suitable  penalties.    (Ga. 

V  Sec.  II   5.) 
Payment  into  treasury,  See  beloiv,  this  title,  Fees. 
Expenses 

Legislature  may  provide  for  actual  and  necessary  expenses  while 
traveling    in    state    in    performance   of    official    duty.       (Utah 

VII  20.) 
Xecessary   expenses   when    absent   from   seat   of   government   on 

business  of  state.     (Ga.  V  Sec.  II  7.) 
Xo  salary  for  clerical   service  to  exceed   $1,800   for  each  clerk. 

(Cal.  V   19.) 

Clerical  expenses  not  to  exceed  $1,600  a  year.     (Ga.  V  Sec.  II  2.) 

Appropriations  for  clerical   and  other  expenses  to  specify  each 

item  and  not  to  exceed  in   any   one  year   $3,600.      (La.   82.) 

Payment 

Monthly.      (La.  81.) 

Quarterly.     (Ida.  IV  19;  Mont.  VII  4;  Xev.  XVII  5;  X.M.  V  12; 

Utah  VII  20.) 
Dual  Office  Holding,  See  beloiv,  this  title,  Qualifications  and  Dis- 
qualifications. 
Election 

Under  this  subhead  are  digested  tuose  provisions  which  specifically 
refer  to  this  officer;  for  provisions  relating  to  elections  in  general, 
See  the  title  "Elections"';  for  provisions  allowing  the  legislature 
to  establish  offices  and  provide  for  their  election  or  appointment, 

See  the  title  "  Public,  Officers  ". 
Electors 

Qualified  electors  of  state.  (Ala.  V  114;  Ark.  VI  13;  Colo.  IV 
3;  Del.  Ill  21;  Ida.  IV  2;  Ind.  VI  1;  Iowa  IV  22;  Kan  I 
1;  Ky.  91;  La.  79;  Minn.  V  1;  Mont,  VII  2;  X.C.  Ill  1;  X.D. 
Ill  82;  Ohio  III  1;  Ore.  VI  1;  Pa.  IV  21;  S.C.  IV  24;  S.D.  IV 
12;  Tex.  IV  2;   Utah  VII  2;  Va.  V  81;  Wis.  VI  1;  Wyo.  IV 

ID 
Same   as   for  governor.      (Cal.   V   17;    Mass.   Amend.    17;    Miss. 

V  134,  143;  Xev.  V  19.) 
Same  as  for  members  of  legislature.      (Ga.  V  Sec.  II  1.) 
Two  houses  of  legislature  on  joint  ballot.      (Me.  V  Pt.   IV   1; 

Md.  VI   1;   X.H.  II  66;   X.J.  VII  Sec.  II  3.) 
Treasurer  or  treasurers  appointed  by  joint  vote  of  both  houses 

of  legislature.     (Tenn.  VII  3.) 


I.M'i.x    Dig 


TREASURER   {Confd) 
Election   (Coni 

Time  and  Places 

As  prescribed  bj   I 
Same  as  for  governoi 
l ;  Muss.  Amend,  i 

Same  as  for 

November,  1  B95,  and  • 
Same  ae  for  membi 

Ida.   I\    2;   5  in.  I    1  ;   Mont  \  II 

Ora  VI   l:  S.D.  l\    : 

Sai 

At  ea<  ii  regul 

Biennially  at  B 

At   general  election. 

At   general   election    in    I 

Tuesday    after    lir-t    Monda]    in    .V 

for  members  of  legislature.     (Ohio  111 
Biennially   on   first  Tuesday  after   | 

Tuesday  after  firsl    Monday  of  Xo1 
years  thereafl   i         such  pla 

Tuesday  after  tir.-t   Monda; 

tie 

Tuesday  after  firsl    Mond 

t  In 
At    town,   ward    and   disti  id    mi 
Monday    in   November,    19 

Returns  and  Canvass 
Coi  i  lections, 

Election  in 
Returns  made  in   i 

Same  as    for   governor.      I  <  'iiL    \ 

Amend.   17:   Mi--.  V 
Faci    of  election   a 

ea  i,,  )„■  rel  ui  i 
manner  as  for 

iptroller  onJ  nn.  1  \ 

ority  vo 

Majority 


1516  State  Constitutions 


TREASURER   (Cont'd) 
Election  (Cont'd) 

Returns  and  Canvass    (Cont'd) 

Specific  provisions  appear  in  constitution,  but  since  same  as  for 
election  of  governor,  are  not  repeated  here.  Bee  Governor  — 
Election.  (Ala.  V  115;  Ark.  VI  3;  Colo.  IV  3;  111.  V  4; 
Kan.  I  2;  Minn.  V  2;  Mo.  V  3;  Xebr.  V  4;  X.C.  Ill  3;  Ohio 
III  3,  4;  Tex.  IV  3;  Vt,  II  39;  Wash  III  4;  W.Va.  VII  3.) 
Failure  to  Elect 

Legislature,  on  organization,  to  meet  in  joint  convention  and 
elect,  by  majority  vote,  person  to  fill  office,  who  shall  serve 
for  full  term  and  until  successor  elected  and  qualified.     (ILL 

Amend.  XI  3,  7.) 
Failure  to  receive  highest  number  of  votes,  See  beloiv,  this  sub- 
division, Tie  Vote. 

Contested  Elections 

Procedure  in  case  of  tie  vote,  See  below,  this  subdivision,  Tie 

Vote. 
Determined  as  prescribed  by  law.     (Ida.  IV  2;  Mo.  V  25;  Mont. 

VII  2.) 
Determined  by  both  houses  of  legislature  in  joint  session.     ( Tex. 

IV  3.) 
Determined  by  legislature  in  manner  prescribed  by  law.     (Ala. 

V  115;  Ga.  V  Sec.  I  6,  Sec.  II  1;  Wash.  Ill  4.) 
Determined    by   both   houses    of    legislature   by   joint   ballot    in 
manner  prescribed  by  law.     ( Colo.  IV  3 ;  111.  V  4 ;  Xebr.  V  4 ; 

X.C.  Ill  3.) 

Determined  by  members  of  both  houses  in  joint  session  at  first 

session   of   legislature   after   election   in  which   contest   arises. 

(Ark.  VI  4.) 
Contests  concerning  vote  of  county  or  district  to  be  decided  by 
majority  of  whole  number  of  members  of  lower  house  by  a 
viva  voce  vote  recorded  in  journal.      (Miss.  V  134,  140.) 
Tie  Vote 

If  no  person  has  majority  of  votes,  legislature  by  joint  vote  to 
elect  one  of  three  candidates  having  highest  number  of  votes. 

(Vt.  II  39.) 

Legislature  at  next  regular  session  to  elect  forthwith  by  joint 

vote  one  of  persons  in  tie.  -(Ariz.  V  1;  Ida.  IV  2;  Mont.  VII 

2;  Utah  VII  2.) 

Legislature  by  joint  vote  to  elect  one  of  persons  in  tie.     (Cal.  V 

4,  17;  Colo.  IV  3;  111.  V  4;  Kan.  I  2;  Mo.  V  3;  Xebr.  V  4; 

Xev.  V  4,  19;  X.C.  Ill  3;   Ohio  III  3;   Wash,  in  4;   W.Va. 

VII  3.) 
Legislature  by  joint  vote  to  elect  one  of  persons  in  tie;  majority 

vote  necessary  to  choice.     (R.I.  Amend.  XI  3,  7.) 
Legislature  by  joint  vote  to  elect  one  of   persons  in  tie;    ma- 
jority of  members  elected  necessary  to  choice.      (Ark.  VI  3.) 
Legislature  by  joint  vote  without  delay  to  elect  one  of  persons  in 

tie.     (Ark.  V  115;  Tex.  IV  3.) 


I 


TREASURER   (( 
Election  (Coni 
Tie  Vote   1 1 

Legislal  are  on  Bei  ond 

t»llt 

It    failure  to  el 

before  1 1  >  i  •  ■  1    Wedn< 

joint  baUoi 
[f    no    person    has    n 

one  of  ■ 

tote,  and 

If  no  person   i 
joril 
having 

Election  to  Fill  Vacancy, 
Expenses,  Set  this  tit\ 

Fees 

A.8  to  whether  /'•  ■  s  may  bt 
TT0X  —  Com  ir%- Mi"'    i 

Fees  and  profits  to  be  covered   in1 

Fees  payable  by  law  to  be  paid   in 

XIX  11-   Oolo.  IV  19;    111.  V  23;    Mo.  \ 

Fees  payable  by  law  to  1 Uected   in 

treasurer  quarterly  to  credit 

Fees  payable  by  law  to  be  paid  aJ  once  inl 
Fees  payable  by  law  to  be  paid  when 

Fees  collected  to  be  covered  inl 
Impeachment 

See  also  Impeachment. 
May  be  impeached.     (Tex.  x^ 
For  misdemeanor  in  office.     (Cal  I\ 
Pot  corrupt  oondufll  «o» r< 

For  wilful  neglect -of  duty,  corrupi 

peranoe  bi  u I  1 -  «  * 

turpitude  in  office      (Ala ■  VI.    1. 
For   crime   in   official    i  which   BM 

For  high   erimes  or  n.i- 

drunkenn. 
For  "high  crimea  and  .,.,- 

,,„,.  in  offiee,  for  inoompei 

* — "■" 


1518  State  Constitutions 


TREASURER   {Cont'd* 
Oath  of  Office 

As  prescribed  by  law.      (Md.  VI  1.) 

Administered  by  governor  or  justice  of  highest  court.      (R.I.  IX  5.) 
Form  prescribed,  affirmation  allowed.      (Minn.  V  8.) 
Office  and  Public  Records 

Office  to  be  kept  at  seat  of  government.  (Ariz.  V  1;  Ark.  VI  1; 
Kan.  Sched.  6;  Md.  VI  1;  Mich.  VI  1;  Nev.  XV  12;  N.D.  Ill  82; 
Okla.  VI  1;  S.D.  IV  12;  Wyo.  IV  11.) 
Office  to  be  kept  at  seat  of  government,  but  in  case  of  invasion  or 
violent  epidemics,  governor  may  direct  office  to  be  removed  tem- 
porarily to  other  place.  (Fla.  XVI  10.) 
Public  records  to  be  kept  at  seat  of  government.      (Ariz.  V  I;   Colo. 

IV  1;  Ida.  IV  1;  111.  V  1;  Ind.  VI  5;  Mo.  V  1;  Mont.  VII  1; 
Nebr.  V  1 ;  N.M.  V  1 ;  Okla.  VI  1 ;  Ore.  VI  5 ;  Utah  VII  1 ;  Wash. 

Ill  24;  W.Va.  VII  1.) 
Seal  of  office  to  be  kept  at  seat  of  government.      (N.M.  V  1.) 
Powers  and  Duties 

As  prescribed  by  law.  (Ala.  V  137;  Ark.  VI  22;  111.  V  1;  Ind.  VI  1; 
Iowa  IV  22;  Ky.  01,  03;   Md.  VI  4;  Mich.  VI  1;  Minn.  V  5;  Mo. 

V  1;  Xebr.  V  1;  Nev.  V  22;  X.Y.  V  6;  X.C.  Ill  13;  N.D.  Ill  83; 
Ore.  VI  4;  R.I.  VII  12;  S.G.  IV  24;  S.D.  IV  13;  Tex.  IV  23;  Utah 
VII  17;  Va.  V  81;  Wash.  Ill  17;  W.Va.  VII  1;  Wis.  VI  3;  Wyo. 

IV  12.) 
As  prescribed  by  constitution  or  by  law.      (Ariz.  V  1,  0;   Ida.  IV  1; 

Mont.  VII   1;   Okla.  VI   1;   Utah  VII   1.) 
Succession  to  governorship,  See  Governor. 

Fee.  interest  or  reward  from  any  person,  bank  or  corporation  for 
deposit  or  use  of  public  funds,  not  to  be  allowed  directly  or  in- 
directly.     Legislature   to   enforce  by   suitable   penalties.      (Ga.   V 

Sec.  II  5.) 
Qualifications  and  Disqualifications 
Age 

Twenty-five  years.    (Ariz.  V  2;    Colo.   IV  4;    Miss.  V   134,   133; 

Mo.  V  10;   N.D.  Ill  82;  Wyo.  IV  11.) 
Twenty-five  years  at  time  of  election.      (Ala.  V  132;  Ga.  V  Sec. 

II  G.) 
Twenty-five  years    (at  time  of  election  (?)) .    (Ida.' IV  3;   Mont. 

-      VII  3.) 
Thirty  years.     (N.M:  V  3;  Okla.  VI  3.) 
Thirty  years  at  time  of  election.     (Ky.  01;  Utah  VII  3.) 
Citizenship 

In  United  States.      (Colo.  IV  4;   Ida.  IV   3;   Mo.  V   10;    Mont. 

VII  3;  N.M.  V  3;  XT.D.  Ill  S2;  Okla.  VI  3;  Wyo.  IV  11.) 
In  United  States  for  seven  years   (preceding  election  (?)  ).    (Ala. 

V  132.) 
In  United  States  for  10  years  preceding  election.  (Ariz.  V  2.) 
In  United  States  for  10  years   (preceding  election  (?)  ).     (Ga.  V 

Sec--  H  6.) 
In  state  for  two  years  before  election.     (Ky.  01.) 


TREASURER   [Confd) 

QUAUM.  ATI. .vs.     AM,     |»,     Q1     u .,,  ,. 

Citizenship   (Cont'd) 
in  Btate  for  I 

In  state  for  ju  yean 
Dual  Office   Holding 

[neligible  to  legislatui 

Ineligible  to  legislature,  but 

resignation  of  seal  in  L< 
Ineligible  to  legislature  dui  ing  •  onl u 

to  legislature  and  qualifii 

[neligible  as  governor,  memta 
elect  ion  to  office  and  a.  i  epl  an 
Beat   in  chair,  legi  ila    i  uuncil, 

[neligible  to  other  office  durii 

[neligible  to  other  office  during  term  ol 

of  state  board  of  edu<  •"  ion. 
Ineligible  to  other  Btate  office  durii 

Ineligible  t<>  other  office  or  commi 
or  under  other  Btate  "i  l  nit< 

Ineligible  to  office  of  Becrel  arj   oi 

ance  commissioner,  auditor,  protl 

register  of  wills,  recorder,  -I  • 
Ineligible  to  "Hi.  e  of  j 

•  ountj    attorney,   al  t"i  in 

probate,  i  egister  of  pn 

clerk  of  judicial  couii 
Ineligible  to  offici 

tenant-governor,   memlx 

Election  to  and 

Electoral 

Must  be  qualified  ele< 
tsl  have  been  qualifii 

Must  have  qualiflcatioi  '" 


Any  elector  eligible 
Engaging  in  Business 

Shall   oot,  during  contin 

trad.'   or    •  "ii'' 

merchant  i  Iv 


1520  State  Constitutions 


TREASURER   (Cont'd) 

Qualifications  and  Disqualifications    (Cont'd) 
Prior  Service  in  Office  as  Disqualification 

Ineligible  as  own  successor.     (Ala.  V  116;  Colo.  IV  21;  La.  80; 
Mo.  V  2;  Mont.  VII  1;  Okla.  VI  4;  Pa.  IV  21;  Utah  VII  3; 

Wash.   Ill   25.) 
Ineligible   to   immediately   succeed   himself   or   auditor.      (Miss. 

V  134.) 
Ineligible  to  office  for  more  than  two  consecutive  terms.     (X.D. 

Ill  82;   S.D.  IV  12.) 
Ineligible  for  re-election  for  two  years  after  expiration  of  term 

for  which  elected.     (Ariz.  V  10;  111.  V  2.) 
Ineligible  for  two  years  after  expiration  of  two  consecutive  terms 

for  which  elected.      (Nebr.  V  3.) 
Ineligible   to   re-election    for    four    years   after   term    for   which 

elected.      (Ky.  93;   Wyo.  IV  11.) 
Ineligible  more  than  four  in  any  period  of  six  years.      (Ind. 

VI  1.) 
Ineligible  more  than  eight  in  any  period   of    12   years.      (Ore. 

VI  1.) 
Ineligible  more  than  five  years  successively.     (Mass.  Pt.  II  Ch. 

II  Sec.  IV  1.) 
Ineligible  more  than  six  years  successively.     (Me.  Amend.  27.) 
Ineligible  to  state  office  for  two  years   after  expiration  of  two 
consecutive  terms.     <N.M.  V  1    (1914).) 
Prior  Service  in  Other  Office  as  Disqualification 

Person  serving  immediately  preceding  term  as  auditor  ineligible 
to  office  of  treasurer.     (Miss.  V  134.) 
Residence 

Residence  dining  term,  See  below,  this  title,  Residence. 
In  state  for  two  years  preceding  election.     (Colo.  IV  4;  Ida.  IV 

3;  Ky.  91;  Mont.  VII  3.) 
In  state  for  five  years  preceding  election.     (Ala.  V  132;  Mo.  V 

19;    Utah   VII    3.) 
In    state    for    five    years    preceding    election    or    appointment. 

(Mass.  Amend.   17.) 
Continuously  in  state  for  five  years  preceding  election.      (N.M. 

V   3.) 
Two  years'  residence  in  state  by  person  of  good  character  com- 
ing to  settle  in  state,  who  takes  oath  or  affirmation  of  alle- 
giance.     (Vt.  II  62.) 

Sex 

See  also  above,  this  subdivision.  Electoral. 
Must  be  male.     (Ariz.  V  2;  Mo.  V  19;  Okla.  VI  3.) 
Removal 

By  governor  on   joint  address  of  two-thirds  of  members  elected  to 

each  house  of  legislature  for  good  cause.      (Ark.  XV  3.) 
If  during  recess  of  legislature  charges  are  preferred  to  governor  for 
incompetency,  malfeasance  in  office,  wilful  neglect  of  duty  or  misap- 
propriation of  state  funds,  governor  forthwith  to  notify  him  and 


I  \  i . I 


TREASURER   (Cont'd) 
Removal   (Cont'd) 

fix  date  for  bearing  of  i  h 
oath,  allegal  ions  ai  e  iu  I  iin< 
point   -  t  i"  hold  for  ui 

Legislature  may  provide  foi 
to  diis<  harge  duties  of  offi 
Legislature   ma\    provide    to*    temporal 
when  deemed  necessary   bj    board  of 

Duty  of  governor  to  Buspend  alii 
investigation   of  accounts  and   to  mal 
1<>  (ill  office  during  ii  ■  ion.     L 

forcemenl  of  this  provision,     (Miss.  \    I 

Governor  may  suspend   dun  m  of   l< 

.lavs  after    session   begins,   for   eiolat 
points  officer  to  ad  durini 

Impeachment,  8<  ■   "' 
Reports,  See  above,  this  title,  -V 
Residence 

A.s  qualification  Edr  affiee,  S  e  a* 

At  scat  6f  government.     (Ariz.  \    I;  Colo.  H    1  -.   I 
Ind.  VI  5;  Mo.  V  I;  Mont,  Ml   k;   Neti    \    I 
23;   Utah   Ml    k;    Wtth-    HI   24;    WJ1  B.    vTl 

At  scat   bf  government,  accept   d«riBg  Bfidefj 
Responsibility  of 

Legislature  may  provide  by  law  for  Bafe-ki 
ptfblic    funds    in    hands   Of   trea-uiei.    I 

responsible  Vbatto*.     (<  -1"-  x  !-:  M"'"    N"   ' 
Ineligible  to  Legislature  until  be 

(,lUnts  and  discharged  balance  due  Hereon 
When  money  in  hands  deposited  under  d 

;m(1  ,„  accordance  with  law,  treasurer  n. 

counf  of  Buch  d,,M,sn  thro 

occasioned  by  loss  other  than  bis  <w 

ah I. 

On  i.ond.  See  "imvr.  thu  I  >■'. 

Rotation   in    <*« 

(JTJAlfitCATIONS         PWOB  SEBVICI     WO 

Term  ok  *>kii<  I 

Length  u 

1  . 


8 forgave, (CM  1    11.  I 


One  vear.     I  M  '  "'    17-' 

Two  vear-      I  Ult,    >     <  • 

XxVl]  2;   Del.  [II  21;   Hi    n    Is  '"    * 
1V  ■>•>■  K;,,  .    k;  MIL  VI    l|    MM,    VI 

v"M  vi  (lil4);  N> 
XX„...  KLAm.-,1.  XM 
.V.  Tex.  I\  I       H  41;  Wis.  VI 


1522  State  Constitutions 


TREASURER    (Cont'd) 

Term  of  Office   {Cont'd) 
Length  {Cont'd) 

Three  years.     (N.J.  VII  Sec.  II  3.) 

Four  years.  (Ala.  V  116;  Ky.  91;  La.  79;  Miss.  V  134,  136; 
Mo.  V  2;  Mont.  VII  1;  Okla.  VI  4;  Ore.  VI  1;  Pa.  IV  21;  Utah 
VII  1;  Wash.  Ill  3;  W.Va.  VII  1;  Wyo.  IV  11.) 
To  serve  until  successor  qualified  (regardless  of  length  of  term 
specified).  (Ala.  V  116;  Ark.  VI  1;  Conn.  Amend.  XXVII  2; 
111.  V  2;  Iowa  IV  22;  Kan.  I  1;  Ky.  91;  Md.  VI  1;  Mass: 
Amend.  17;  Minn.  V  5;  Miss.  V  136;  Mo.  V  2;  Mont.  VII  1; 
Nebr.  V  1;  N.J.  VII  Sec.  II  3;  N.D.  Ill  82;  Ohio  III  2;  R.I. 
Amend.  XVI;  S.C.  IV  24;  Tex.  IV  23;  Wash.  Ill  3;  Wyo.  IV 

11.) 

To -serve  until  successor  qualified,  or  to  adjournment  of  session 

of  legislature  at  which,  by  constitution  and  laws,  successor  is 

to  be  chosen.      (Vt.  II  41.) 
Re-election  to  Same  Office,  See  above,  this  title,  Qualifications  — 

Prior  Service  in  Office  as  Disqualification. 
Time  of  Beginning 

Same  as  for  governor.     (Cal.  V  17;  Fla.  IV  28;  Ga.  V  Sec.  II  1 , 

Nev.  V  19;  Va.  V  81.) 
When  chosen  and  qualified.      (Vt.  II  41.) 

Within  one  month  after  appointment  by  legislature.   (Md.  VI  5.) 
January  1st  after  election.      (N.M.  V  1;  N.C.  Ill  1.  ) 
First  Monday  in  January  after  election.      (Ida.  IV  1;   Ky.  91; 

Mont.  VII  1;  Utah  VII  1.) 
First  Tuesday  in  January  after  election.  (R.I.  Amend.  XVI.) 
Wednesday  after  first  Monday  of  January  after  election.    (Conn. 

Amend.  XXVII  2.) 
First  Thursday   [after]   first  Tuesday  in  January  after  election. 

(Nebr.  VI.) 
Second  Monday  in  January  after  election.     (111.  VI    (  ?)  ;  Kan. 

I   1 ;   Mo.  V  2 ;   Ohio  III  2 ;   Okla.  VI  4. ) 
Second  Monday  in  January  after  election  until  otherwise  pro- 
vided by  law.     (Wash.  Ill  4.) 
Second  Tuesday  in  January  after  election.      (Colo.  IV  1.) 
First  Monday  after   second  Tuesday  in  January  after  election. 

(Ala.  V  116.) 
Third  Wednesday  in  January  after  election.     (Mass.  Amend.  17.) 
March  4th  after  election.      (W.Va.  VII  1.) 
Vacancy  in  Office 

Filled  by  governor  with  advice  and  consent  of  senate.      (La.  79.) 
Filled  by  governor  for   unexpired   term.      (Ark.   VI   22.) 
Filled  by  governor  until  successor  elected  and  qualified.     (111.  V  20; 

Mont.   VII    7.) 
Filled  by  governor  with  advice  and  consent  of  senate  until  successor 

elected  and  qualified.      (Md.  VI  1.) 

Filled  by  governor  until  successor  elected  and  qualified  as  provided 

by  law.     (Colo.  IV  6;  Ida.  IV  6;  Nebr.  V  20;  Utah  VII  10;  W.Va. 

VII  17.) 


i 


TREASURER   [Cont'd) 
Vacan<  v  in  Op] 

Filled  bj   governor  until    next 

Filled  by  governor  until   d 
and  qualified ;    un 

Filled   by   governor   till   disabilii 
election  al   Bre1   genei  al  elei  I  ion  ■ 
occurs,  i"  till  for  remainder  ol  unej 

Filled  by  Legislature  in  joint  conv< 
fills   until   bui  elected    bj 

In   case   i  reasurer-elei  I    d 
becomes  insane,  or  ol  bej  n 
legislature,  upon  it  -  organizat  ion 
elect,  by  majority  vote,  person   to  till   t! 
legislal  ure  is  be 

of  \  ection  to  be  made  froi 

largest  number  of  votes.     Pei 
term  or  full  term,  as  case  ma  ml  mm 

During  session  of  legislature,  filled  b 
:>le  at  large;  if  vacancy  du 

advice  and  consent  ncil 

If  during  recess  of  senate,  filled  bj 

senate   governor   to    m 

but  vacancy   to   be    filled    by 

appropriate  to  office,  unless   \ 

preceding  Buch  day  in  which  i 

In  case  of  death,  impi 
by    governor    until    disability 
qualified.     Election  to  be  held 
30  days  after  vacancy 

Caused    by    impeachment,    displai 
acity  for  other  reaa  m  I 
disability  removed   and 
to  be   filled   by  election   al    I 
.  after  happening,  and  pei 

If    failure   to  el  i    renwn 

inability    to    d 

removed    or   new   election 

legislature  by    joint    ballot 

dates  having   highi 
Failure  t<>  qualify  deemed 


TRIALS   8<  rs. 

TRIBUNALS  OF  CONCILIATION, 


1524  State  Constitutions 


TRUST  COMPANIES 
See  also  Banks. 

Constitutional   pravisions  as  to  banks  apply  to  trust  companies.      (Ala. 

XIII  255.) 
General  incorporation  law  or  law  regulating  business  requires  two-thirds 
vote  of  each  house  for  adoption,  amendment  or  repeal.      (Mich.  XII  9.) 
General  incorporation  law  requires  two-thirds  vote  of  members  of  each 

house.     (Mich.  XII  9.) 
General  laws  not  to  authorize  issue  of  paper  money.     (Mich.  XII  9.) 
Legislature  may  not  charter  loan  and  trust  companies  by  local  or  special 

laws.     (Mont.  V  26;  N.M.  IV  24;  Wyo.  Ill  27.) 
Legislature  to  provide  for  examination  by  a  public  officer.      (Ala.  XIII 

254.) 
May   take  naked  title  to   real   estate   as   trustee   to   secure   indebtedness. 

(Okla.  XXII  2.) 

Prohibited  to  own,  hold  or  control  stock  in  other  trust  company  or  bank, 

except   if   taken    for   debt;    mii3t   dispose    of   same   within    12    months. 

(Okla.  IX  41.) 
Records,  books  and  files  liable  to  "  full  visitorial  and  inquisitorial  power* 

of  the  state".     (Ariz.  XIV  16.) 
Regulation  and  control  of  loan  and  trust  companies  under  banking  depart- 
ment  and    bank    commission,    to    protect    stockholders    and    depositors. 

(Okla.  XIV  1.) 
Reports,  at  least  twice  yearly,  to  be  made  by  president  or  other  officer 
legislature  may  designate.      (Ala.  XIII  254.) 

TRUSTS 

Local   or   special   law   not  to   affect  estates   of   beneficiaries   or   authorize 

them  to  sell,  lease,  encumber  or  dispose  of  property.     (Ky.  59.) 
For  trusts  and  monopolies,  See  Monopolies  and  Trusts. 

UNITED  STATES 

Citizens  of,  See  Citizenship. 

Congress,  See  Congress  of  United  States. 

Property 

Grants  to  States 

See  Public  Property  —  Trusts. 
See  Public  Lands  —  Trusts. 
Held  for  Government  Purposes 

Authority  to  exercise  exclusive  legislation  granted  to  and  ac- 
knowledged in  United  States  over  described  military  reserva- 
tions, so  long  as  they  remain  such,  with  same  effect  as  if 
United  States  had  purchased  reservations  with  consent  of  legis- 
lature, legislature  empowered  and  directed  to  pass  necessary 
legislation;  right  to  serve  legal  process,  civil  and  criminal, 
reserved   except   in    cases   in   exclusive   jurisdiction    of   United 

States.      (Mont.   II   1.1 

Jurisdiction   by  United  States,   consented  to  by  state,  over   all 

tracts  held  or  reserved  by  United  States  for  forts,  magazines, 

arsenals,    dockyards,    lighthouses    and    other   needful    buildings, 

under   article  I  section  8,  paragraph   17;    United   States   Con- 


I  M>l 


UNITED  STATES   (Con 
Pbopebi       '    nt'd) 

Held  for  Government  I'm, 
stitution,    pit. 

milium,  ill  B 

situated  sad  thai  <  j\  il 

be  served   then 
Jurisdiction  c< 

tai  j 

to  extend  ovei    - 

jurisdiction  ii"t    rested    in    United 
mitted  within   i 
Legislature  to  authorize  i 

Slates  public  domain  i  for  mi 

approval  of  Legislature.     (lex.  \ 
Persona  r<  siding  in  lai  •  d  bj   Rh<  d< 

ites   not   entitled    to  •    privil 

Money  Deposited  with  States, 
Right  in  Public  Lands 

Legislature  never  to  interfere  with  prin 
United  States  nor  with  any  i. 
title  to  bona  /"•'-   purchaser!.     (Minn.  II 

II 

People   inhabiting   territorj  >im   all 

appropriated  public  lands,  sal 
entire  disposition  of  Unib 
except  by  consent  of  I  nib 

People  of  state  disclain 

public  land;    until   til 
subect  to  eontn 

S  ,!  ding,    "  irrei 

and  people  of  stab    '.     '  \ 
People   disclaim   all    • 

lands   in  state;   until  title 

be   and   remain    SVJ 

provision    In 

people  of  si  Utah  III  2 

People    Of  lir"    "" 

unappropriated  public  lands;  I 

consent   of  Unil 
Taxation.  See  Taxation  - 

Relations  with  £  rATi  B 

For    net I    theory 

Supremacy   of    United 


1526  State  Constitutions 


UNITED  STATES   (Cont'd) 

Relations  with  States  {Cont'd) 

1  n  relation  to  levees,  See  Levees  —  Grant  to  United  States. 

In  regard  to  public  lands.  See  Public  Lands  —  Trusts. 

In  relation  to  state  property,  See  Public  Property  —  Trusts. 

In  relation  to  United  States  property,  See  above,  this  title,  Property. 

In  relation  to  Indians,  See  Indians. 

Ordinance  or  article  containing  certain  provisions  irrevocable  with- 
out consent  of  United  States  and  people  of  state.  (Iowa  XXI  19; 
Nev;   Ord.;   N.D.  XVI  203;    Utah  III;    Wash.  XXVI;    Wyo.  Ord.) 

Same,  but  adds  "  expressed  by  their  legislative  assembly  ".      ( S.D. 

XXVI  18.) 

Constitutional  compact  with  United  States  may  be  amended  by  vote 
of  majority  electors  voting  on  change  proposed  by  legislature,  by 
majority  vote  of  each  house,  to  extent  allowed  by  act  of  Congress, 
consenting  to  charge.      (N.M.  XIX  4.) 

Ordinance,  containing  certain  provisions,  made  part  of  constitution 
of  state,  and  "  no  future  constitutional  amendment  shall  be  made 
which  in  any  manner  changes  or  abrogates  "  it  without  consent  of 

Congress.      (Ariz.   XX.) 

Constitutional  compact  in  compliance  with  enabling  act  irrevocable 
without  consent  of  United  States  and  state,  no  change  therein 
made  without  consent  of  Congress.      (N.M.  XXI   10.) 

Ordinance  adopted  by  constitutional  convention  among  other  pro- 
visions making  substantially  the  terms  of  the  enabling  act  sub- 
stantially  applicable   to   state  substantially   ratified  and   valid   for 

all  purposes.     (Okla.  Sched.  36.) 

Enabling  act  accepted  and  jurisdiction  of  cases  enumerated  therein 
assumed  by  courts  of  state.      (Okla.  Sched.  28.) 

Enabling  acts  accepted,  ratified  and  confirmed,  and  to  remain  irrev- 
ocable without  consent  of  United  States.     (Minn.  II  3;  Wis.  II  2.) 

Governor  to  conduct  in  person,  or  as  prescribed  by  law,  intercourse 
and  business  with  United  States.      (Okla.  VI  8;  Tex.  IV  10.) 

Lands  within  Indian  reservation,  subject  to  United  States  laws  pro- 
hibiting introduction  of  liquor  into  Indian  country,  for  25  years 
after   disposal.      (Ariz.    XX    11;    N.M.   XXI    8.) 

All  rights  and  powers  necessary  to  carry  out  act  of  Congress  pro- 
viding for  irrigation  of  arid  lands,  reserved  to  United  States  with 
acquiescence  of  state,  same  as  if  state   had  remained  a   territory. 

(Ariz.  XXI   10g 

People  of  state  consent  to  reservation  to  United  States  of  rights  and 
powers  necessary  to  carry  out  act  of  Congress  providing  for  irriga- 
tion of  arid  lands.     (N.M.  XXI  7.) 

Boundaries  of   state  may  be  enlarged  with  consent  of   Congress  and 

legislature.      (Iowa  XI   4.) 

Congress  may  make  North  river  boundary  conform  to  act  creating 
territory  of  Washington.      (Ore.  XVI  1.) 

Rights  of  people  under  treaty  of  Guadalupe  Hidalgo  to  be  preserved 

inviolate.      (N.M.   II  5.) 

Payments  of  war  claims  forbidden  until  such  claims  paid  by  United 
States  to  Missouri.      (Mo.   IV  52.) 


!\m\    Di< 


VAGRANCY,  See  (  bimi 
VENUE,  See  *  01  urs       Tmals, 
VERDICTS,  Se.    Jub 
VILLAGES 

£7nder   ffcis   fctfe  ore  digested  ,,li  ,„-,., 

class  of  mumtipaUties.      Fot   pn 

eraZty,  am/  hence  to  this  oloa 

INCORPORATION     \\|,   OBGANIZAI 

For  provisions  relating  to  initiative  and 

For  provisions  relating  to  power  of  villa} 
Municipal  Eome  EUjlb— Powib  oi  Mi  kiou 

•.una. 
Legislature  to  provide  bj  general  law   for  La 

Organization  to  be  provided  for  by  general  It 
Legislature   to    provide    for    organisation    of    in 

(NX.  XIII  4;  N.Y.  XI 1   l;  Wia.  XI 
Legislature  to  provide  by  genera]   laws   for 

Municipal   corporations   with   population 

cities  and  all  others  as  villages.     Method  of  tl 

to  class  to  be  regulated  by  law.      (Ohio  Will 
General  laws  to  be  passed  to  provide  for  incorr* 

ment   of;    and   additional    laws    may    b 

municipalities  which  adopt  same:  bul 

become  operative   in   any  municipalitj    uni 

thereof    and    affirmed    by    majority    of    t 

regulation  established  by  law.  •  NVI1I 

Legislature  to  make  provision  wherebj   \ 

local  law  may  elect  to  becon 

general  laws  relating  to  sucb 

Special    or   local    legislation    it 

forbidden.      (Ariz.    IV    19,    17;    111.    IV 

15;   N.M.  IV  -24:  N.D.    II    I 

S.D.  Ill  23:  Tex.  Ill  50;  Wyo    HI 
Special    and    private   legislation    for 

charter,   forbidden.      (Utah    VI    26,    12 

Incorporation  and  amendn 

tion  in  those  containing  population  of  I 

Private  or  special  legislation  for  u 

Private  or  local  legislation  for  h 

vision  commission  bill 
Local  or  special  h  a  incor] 


1528  State  Constitutions 


VILLAGES    (Cont'd) 
Officers 

See  also  Public  Officers. 
Compensation 

Local  or  special  legislation  fixing  or  relating  to  the  compensation, 
salary  or  fees  of,  forbidden.      (Minn.  IV  33.) 
Corrupt  Practices,  See  below,  this  title,  Corrupt  Practices. 
Creation  of  Offices 

Local   or   special   legislation   creating   offices,   forbidden.      (Minn. 

IV  33.) 
Election,  See  Elections. 
Powers  and  Duties 

Local     or     special     legislation     prescribing,     forbidden.      (Minn. 

IV  33.) 
Removal 

In  case  of  elected  officer  to  be  removed  in  manner  and  for  cause 
prescribed  by  law.      (Mich.  IX  8.) 
Selection 

If  not  provided  for  by  constitution,  shall  be  elected  by  electors 
of  village  or  division  thereof  or  shall  be  appointed  by  such 
village  authorities  as  legislature  shall  designate.      (N.Y.  X  2; 

Wis.  XIII  9.) 
Employees 

All  appointments  and  promotions  in  civil  service  of,  to  be  made 
u  according  to  merit  and  fitness  to  be  ascertained  so  far  as  prac- 
ticable by  examination  which  so  far  as  practicable  shall  be  competi- 
tive " ;  but  citizen  veterans  of  Civil  war  resident  in  state  to  be 
entitled  to  preference  without  regard  to  standing  on  eligible  list; 
laws  to  be  passed  to  enforce  this  section.  (N.Y.  V  9.) 
Legislature  may  regulate  and  fix  wages  and  salaries  and  hours  of 
work   and  make  provision   for   protection,   welfare   and   safety   of. 

(N.Y.   XII   1.) 
Powers  and  Rights 

See  also  below,  this  title,  Public  Utilities. 

For  provisions  relating  to  power  of  village  to  frame  its  charter,  See 
Municipal  Home  Rule  —  Power  of  Municipality  to  Frame  its 

Charter. 
For  provisions  relatimg  to  taxation,  See  Taxation. 
For  p)-ovisions  relating  to  special  assessments  for  benefits,  See  Taxa- 
tion —  Special  Assessments. 
In  General 

"May  acquire,  own,  establish  and  maintain  either  or  without  its 
corporate  limits  parks,  boulevards,  cemeteries,  hospitals,  alms- 
houses   and    all    works    which    involve    the    public    health    or 

safety".      (Mich.  VIII  22.) 
Right  to  reasonable  control  of  streets  or  alleys  and  public  places 
reserved   to  village.      (Mich.   VIII  28.) 
Restrictions  Upon 
In  General 

No  village  to  abridge  elective  franchise.      (Mich.  VIII  25.) 


VILLAGES    (Con i 

POWEBS   am.    Rioh  i         i 
Restrictions  Upon  (Co 
Stook  and  Bond  Bold 

Not   Jo  I* 

Not  \<<  become  dir< 
of 

making  Bucfa  pi 
may  be  provided   bv  ] 
Control  by  St  a  i  | 

Special  and  local   Ii 

streets,  alleys  or  public  grout 
altered  by  legislature.     (Mich.  \  Fl 

FlNAN< 

Deposits 

All  village   money  exc 
shall  whenever  praci  Lcabl< 
bank  incorporated  under  la-. 
approved   as  provided    by 
interest,  such   inti 

Claims  Against 

ecution  not  to  icaue  on   ju... 

or  against   any  office!  therein   in   ti 

which  the  village  te  liabl  . 

of  the  proceeds  of 
paid    by    ti. 

Aid  to  Private  Enterprise  Prohibited 
Forbidden  to  give  or  loan  i 

'liuii.in  or  corporation.     i\..i.  I 
Not  to  give  mo  propert] 

individual,  association   or  C"r|. 
making  sileh  provision  for 
be  arjthofriaed    bj    law.      (N.V.    V1I1    i 
Debt,  Srr  below,  this  t>th ,  in 
Taxation,  See  Taxation. 

Debt 
For 

Power  to  Incur  Generally 
Le'g'isl'ftture   to   rwtricl 
debts  and  loaning 
S;  N.f.  XI]   1  ; 
[,  -i-hitin-  60  reatrf  • 
inir  mosey  or 


1530  State  Constitutions 


VILLAGES    (Confd) 
Debt    [Cont'd) 
Purpose 

In  General 

Limited  to  "village  purposes";  but  village  may  make  pro 
vision  as  authorized  by  law  "  for  the  aid  or  support  of  its 

poor".      (N.Y.  VIII  10.) 
Not  to  lend  credit  for  other  than  municipal  purpose.    (Mich. 

VIII  25.) 
Aid  to  Private  or  Corporate  Enterprise 

Not  to  lend  its  credit  to  or  in  aid  of  any  individual,  associa- 
tion or  corporation;  but  this  not  to  prevent  making  such 
provision  for  aid  and  support  of  its  poor  as  may  be  author- 
ized by  law.  (N.Y.  VIII  10.) 
Not  to  lend  credit  to  any  individual,  association  or  corpora- 
tion, or  become  security  for  any  association  or  corporation, 

(N.J.  I  19.) 
Legislature  may  authorize  any  political  subdivision  of  state 
or    denned    district,   which   may    include   villages,    to   lend 
credit  or  incur  debt  for  or  in  aid  of  irrigation,  drainage 
or    navigation    improvements    or    construction    and    main- 
tenance of  roads.      (Tex.  Ill   52.) 
Law  or  Ordinance  Authorizing 

Legislature  may  pass  general  laws  authorizing  villages  to  issue 
bonds;  private,  local  or  special  legislation  authorizing  issuance 
of  bonds  or  other  securities  forbidden  unless  authorized  before 
enactment  such  law  by  vote  qualified  electors  thereof  at  elec- 
tion held  for  purpose  in  manner  prescribed  by  law;  but  legis- 
lature may,  without  such  election,  pass  special  laws  to  refund 
bonds   issued  before   ratification   constitution.      (Ala.   Nil   222, 

IV   104.) 
Referendum  on  Proposition  to  Incur 

Legislature  may  pass  general  laws  authorizing  villages  to  issue 
bonds,  but  none  to  be  issued  under  such  laws  unless  first 
authorized  by  majority  vote  by  ballot  of  qualified  voters 
thereof  voting  on  proposition.  Special  provision  for  form  of 
ballot.  This  not  to  apply  to  renewal,  refunding  or  reissuing 
of  bonds  lawfully  issued  or  authorized  by  law  enacted  prior 
to  ratification  constitution;  and  not  to  apply  to  obligations 
incurred  or  bonds  to  be  issued  to  pay  for  street  and  sidewalk 
improvements  or  sanitary  or  storm-water  sewers,  the  cost  of 
which  is  assessed  in  whole  or  part  against  property  abutting 
said  improvements  or  drained  by  such  sewers.  (Ala.  XII  222.) 
No  debt  to  be  created  unless  proposition  is  submitted  at  regular 
election  for  village  officers  to  such  qualified  electors  thereof 
as  have  paid  a  property  tax  therein  during  preceding  year  and 
is  approved  by  majority  of  those  voting  by  ballot  deposited  in 
separate  ballot  box.  This  not  to  prevent  issue  without  sub- 
mission to  voters   of  bonds    to  pay  .or  refund   valid  bonds  of 

village.      (N.M.   IX   12,   15.) 


1 


VILLAGES    (Cont'd) 
Debt    [Cont'd) 

Referendum  on  Proposition  to  Incui    H 

ktion    i  11 
electoi 

r    Bhall    a  | iju  i»\ .-    m 

No  village  or  Bubdn  ision  th<  i 
urrenl   year   ui 

proposil ion    submittt  .i.      ( Wyo.    JCV] 
Limit  of  Amount 

N..-  \  illage   '■■  hosi  •  •    ind<  !■; 

ititution    to    be    allowed    t< 

amount    except 

debt    reduced    within    limit  ;    t 

pality  except  01 

to   adopt  ion   <>f   coi  n  ;   and 

refunding  of 
Village  authorized 

"mortgage  bonds  thereto]  "  (. 

prescribed    l>y    law.      I 

village   but    to   be   secun  I 

the    utility   "  inoluding   a    frai  -.ipoa 

which   in   caee  of   fo 

same  ".  bu1   this  nol  I 

of    sale    of    ftility     and 

I )  i  - 1  rid  s  of  wliicl    vil 

issue  bonds  or  otherv 

one-fourth  of 

trict  when  appn 

navigation  improvemi  i  I 

maintenance   and 

in   aid  thereof.      (Tex    HI 
Nol   to  i. •nomc  indebte 

ing   debt    exceeding    I    p<  r 

within  village;  to  be 

for  state  or  county   ; 

excess  of  this  limit   to  be 

tracted    in    ■ 

water-supply    Bystem    or 

issue  of  bonds  to  ; 

Not  to  l"1  "■  allowed   I 
any   purpose   to   anj    art  oui  I 
in    the 

taxable  propertj    I 
ment   fot   Btate  ai 


1532  State  Constitutions 


VILLAGES    (Cont'd) 
Debt    (Cont'd) 

Limit  of  Amount   [Cont'd) 

Xo  village  or  subdivision  thereof  to  create  in.  any  manner  any 
t  exceeding  2  per  cent,  of  assessed  value  of  taxable  prop- 
erty therein;  but  may  be  authorized  to  create  additional  in- 
debtedness not  exceeding  4  per  cent,  of  assessed  value  of 
taxable  property  as  shown  by  last  preceding  assessment,  for 
purpose  of  building  "  sewerage ".  Debts  existing  prior  to 
adoption  of  constitution  may  be  bonded  in  amount  not  exceed- 
ing i  per  cent,  on  assessed  value  taxable  property  as  shown 
by  last  assessment.  (Wyo.  XVI  -A.  5,  3.) 
Redemption  and  Interest 

District  or  other  political  subdivision,  of  which  villages  may 
form  a.  part,  incurring  debt  or  lending  credit  for  purposes 
specified  to  levy  and  collect  taxes  and  pay  interest  to  provide 
sinking  fund  for  redemption  thereof.  (Tex.  Ill  52.) 
Before  or  at  the  time  of  incurring  debt  provision  required  to  be 
made  "  for  collection  of  direct  annual  tax  sufficient  to  pay 
interest  on  such  debt  as  it  falls  due  and  also  to  pay  and  dis- 
charge the  principal  thereof  within  20  years  from  the  time 
of  contracting  the  same".  (Wis.  XI  3.) 
Peblic  Utilities 

See  also  above,  this  title.  "  Powers  and  Rights — Restrictions  Upon — 
Stock  and  Bond  Holding'''.,   and  "Finances — Aid   to   Private 

Enterprise  ". 
In  General  I 

Person  or  corporation  constructing  or  operating  on  public  streets 
under  franchise  liable  to  abutting  property  owners  for  actual 
damage  on   account  of  such  construction  or  operation.      (Ala. 

XII   227.) 
Franchises 

X6  person,  association  or  corporation  to  be  authorized  or  di- 
rected to  use  streets,  alleys  or  publie  places  of  for  construc- 
tion or  operation  of  "  any  public  utility  or  private  enterprise  " 
without    first    obtaining    consent    proper    authorities    thereof. 

(Ala.  XII  220.) 
Xo  street  railroad  to  be  constructed  within  incorporated  village 
without   consent   of   local  authorities   havinsr  control   of   street 
or  highway  proposed  to  be  occupied.      (Colo.  XV  11.) 
Xo   street  or  other  railroad   to   be   constructed   within   incorpor- 
ated village  without  consent  of  local  authorities  having  control 
of  street  proposed  to  be  occupied.     (Ida.  XI  11.) 
Legislature    not    to    grant    right    to   construct    or    operate    street 
railroad    within    incorporate!    village   without    requiring    con- 
sent  of   local  authorities    having  control   of   street   proposed  to 
be  occupied.      (111.  XI  i:   W.Va.  XI   5.) 
X     person,  partnership,  association  or  corporation  operating  pub- 
lic  utility   to   have   right    to   use   highways,   streets,    alleys   or 
other  public  place  of  village  for  wires,  poles,  pipes,  tracks  or 


- 


' 


:  ■••■:■ 


_ 
- 


■ 


- 


• 


1534  State  Constitutions 


WAREHOUSES 

All  elevators  or  storehouses  for  storing  grain  or  other  property  for  com- 
pensation  are   public  warehouses,   subject   to   legislative  control.      (Ky. 

20G.) 

All  elevators  or  storehouses  for  storing  grain  or  other  property  for  com- 
pensation, whether  property  stored  separately  or  not,  are  public  ware- 
houses.     (111.  XIII   1.) 

Different  grades  of  grain  shipped  in  separate  lots  not  to  be  mixed  with 
inferior    or    superior    grades    without    consent    of    owner    or    consignee. 

(111.    XIII   3.) 

Every  private  corporation,  individual  or  association  furnishing  storage 
or  warehouse  facilities,  directly  or  indirectly,  to  or  for  public,  declared 
to  be  public  utility,  subject  to  control  and  regulation  of  railroad  com- 
mission,  as   provided  by  legislature.      (Cal.   XII   23.) 

Grain  elevators  may,  if  commission  determines  amount  of  business  jus- 
tifies, make  track  connection  with  railroads,  railroad  furnishing  contract 
materials    and    party    owning    elevator    paying    cost    thereof.       (Okla. 

IX    33.) 

In  cities  of  not  less  than  100,000,  weekly  and  daily  statements  as  to 
grain  and  other  articles  stored,  must  show  amount  and  grade  of  grain 
and  other  property  warehouse  receipts  issued  and  daily  changes  in 
quantity  and  grade  of  grain.      (111.  XIII  2.) 

In  cities  of  not  less  than  100,000,  weekly  statements  under  oath,  before 
some  designated  officer,  required  from  owner,  lessee  or  manager,  to  be 
posted  in  warehouse  and  filed  for  public  examination  in  place  desig- 
nated by  law.      (111.  XIII  2.) 

Legislature  shall  regulate  and  limit  charges  for  storage;  no  person  or 
officer  charged  with  regulation  to  be  selected  by  corporation  or  indi- 
vidual interested,  and  no  officer  or'stockholder  of  interested  corporation 
eligible  for  such   office.      (Cal.  IV  33.) 

Legislature  shall  prevent  by  law  issue  of  false  and  fraudulent  warehouse 

receipts.     (111.  XIII  6.) 

Legislature  required  to  give  full  effect  to  constitutional  provisions  con- 
cerning warehouses;  may  prescribe  other  remedies  or  deprive  any 
person  of  existing  common  law  remedies.      (111.  XIII  6.) 

Owners  of  property  stored  or  holders  of  receipts  may  always  examine 
such  property  stored  and  all  books  and  records  of  warehouse  concern- 
ing same.      (111.   XIII   3.) 

Railroad  companies  receiving  or  transporting  grain  must  make  deliveries 
to  public  warehouses  it  can  reach  and  shall  permit  connections  with 
their  track  by  public  warehouses.      (111.  XIII  5.) 

Railroads  and  other  common  carriers  or  railroads  required  to  weigh  or 
nuasure    grain    where    shipped    and    receipt    for    full    amount.       (111. 

XIII  4.) 

Legislature  empowered  to  erect,  purchase  or  lease  and  operate  one  or 
more  terminal  grain  elevators  in  this  .state,  in  Minnesota  and  Wiscon- 
sin, and  to  provide  for  the  inspection,  weighing  and  grading  of  all  grain 

received  therein.      (N.D.  XIV  1914.) 


1 


WATERS 

Administration  oi    R] 
State  engineer  to  1 

six  years  ami   mil  il   bu 
theorel  ical  know  |. 

position ;    to   be    l'i 

of    waters    and    of    off) 

lature  to  divid  into  wati 

ment  of  superintei 
state  engineer  and  Buperinten 
prescribed  by  law  to  Bupervisi 
priation,  diversion,  distribution  and  tbi 
therewith;  review  of  decisions  bj 

Agrh't  in  rax  Use 

See  below,  this  title,  Appbopriati 

See  below,  tliis  title,   i 
Appropriated  Water  as  Public  i 
Appropriation 

Right 

Right  to  divert  and  approprial 

Right  to  appropriate  and  diveri  w 
beneficial  uses  never  to  be  denit 

Unappropriated   water  of  any   natural 
rential,  Bubjed  to,  in  accord  with 

Xo  appropriation  to  1"-  deni< 

Municipal  Corporations 
Municipal  corporatkMM 

f,,r  dOED  '    I   nnininp.il   pui 

Legislature  to  provide  1>y  lav. 
Cities,    town-    and    vili 
meut    of    ju 
being  and  for  don 
Priority 

To    give    better    right.        (NJI.     X  \   ! 
To  give  Letter   rigW    • 

to   any   other,   and    agricultural 

Priority    of    appropriation 
over  any  other  purpt 

law;  agricultural  a vei 

in   connection    with 

tural   uses   in   organized   mil 

quent   appropriatoi 

taking  of  private  pi 

of  time  to  give  bud<  i 

ribe  reasonable  limil 
with  due  regai  I   I 
subsequent    in   right. 


1536  State  Constitutions 


WATERS   {Cont'd) 

Beds  and  Shores  of 

Stsrte  asserts  ownership  to  including  and  up  to  line  of  ordinary  high 
tide  and  ordinary  high  water  in  rivers  and  lakes,  except  that  any 
person  may  assert  his  title  in  courts  of  the  state,  and  state  dis- 
claims title  to  all  tide  lands  patented  by  United  .States.      (Wash. 

XVII  1,  2.) 
People  to  continue  to  enjoy  and  freely  exercise  all  previously  existing 

privileges  of  the  shore.     (E.I.  I  17.) 
Eminent  domain  exists  in  state  in  all  frontages  of  navigable  waters. 

(Cal.  XV  1.) 

Xo  tax,  toll,  impost  or  wharfage  to  be  imposed,  demanded  or  received 

from  the  owners  of  any  commodity  or  merchandise  for  the  use  of, 

unless  authorized  by  the  legislature.      (S.C.  I  28.) 

No  tax,  impost  or  wharfage  except  by  express  authorization  of  law 

from  owner  of  any  merchandise  or  commodity  for  use  of  shores  of 

navigable  streams.  (Ala.  I  24.) 
Riparian  owners  on  navigable  rivers  within  towns  of  5,000  population 
to  have  the  right  to  erect  and  maintain  wharves  and  buildings  on 
banks  owned  by  them  as  may  be  required  for  navigation  and  com- 
merce subject  to  restrictions  given  in  detail.  (La.  290.) 
No  individual,  firm  or  corporation  claiming  or  possessing  frontage 
of  tidal  lands  on,  to  exclude  rights  of  way  thereto  when  needed 
for  a  public  purpose,  and  legislature  shall  pass  laws  to  secure 
access  to  navigable  waters  for  people  of  the  state.  (Cal.  XV  2.) 
All  tide  lands  within  two  miles  of  any  incorporated  city  or  town 
and  fronting  on  the  waters  of  any  harbor,  estuary,  bay  or  inlet, 
used  for  purposes  of  navigation  to  be  withheld  from  grant  or  sale 
to  private  persons,  partnerships  or  corporations.  (Cal.  XV  3.) 
Legislature  to  provide  for  appointment  of  commission  to  locate  and 
establish  harbor  lines  in  all  harbors,  bays,  estuaries  and  inlets 
within  or  in  front  of  corporate  limits  of  any  city,  or  one  mile 
thereof;  state  not  to  give,  sell  or  lease  rights  in  water  beyond 
harbor  lines  to  any  individual,  association  or  corporation,  or  to 
sell,  grant  or  relinquish  control  of  area  between  harbor  lines  and 
line  of  ordinary  high  tide;  such  area  to  be  reserved  for  landings, 
wharves,  streets  and  other  conveniences  of  navigation  and  com- 
merce; legislature  to  provide  by  general  laws  for  leases  of  not 
over  30  years  for  wharves  and  landings  thereon,  or  legislature 
may  provide  for  wharves  and  other  structures  by  general  laws; 
municipal  corporation  mav  extend  streets  thereover.      (Wash.  XV 

1,  2.  3.) 
Board  of  Control,  See  above,  this  title,  Administration  of  Resources. 
Boundaries  of  State 
Lake 

Along  boundary  lines  of  other  states  or  Canada  in  lakes.      ( 111. 

I;  Mich.  I  1;  Minn.  II;  Wis.  II  1.) 
River 

By  river.      (Ind.   XIV   1.) 

Main  channel.     (Iowa  Preamble;  Mich.  I  1;  Miss.  II;  X.D.  XVII 

206;  Wis.  II  1.) 


; 

WAIERS    (Con 

River     | 

... 
Middl. 

S1    -e  indu 
idle  of 

- 
included  an 

idle  channel.      (Ida 

n  cnanr. 

••  of 
-rad,  and   a. 

lading  all  islan 

channel  separ. 

One  marine  leagi: 

die- 
Along  ge  of  the  Gulf  S 

a 

p<  mouth  of  Perdido  I 

Three  miles  from 

along  and  ad 
Jurisdiction  0' 
Si   •     :-hall  ha 

ari  - 

-     ■       ■ 
State  shall  exerc;-     - 

en: 

Conservation 

-   may  be  .^ 

I   M  ) 

Must 

limited    amount    and  ha»««U. 

Dei- 

W  n  land 

not  be  deprivi  . 
equ 
Dn    ffls    S 
Domes 
Db  = 

X  Dom 
S 
S 


1538  State  Constitutions 

WATERS   (Cont'd) 

Fishing  Rights,  See  Fish  and  Game  —  Right  to  Take. 
Irrigation 

See  Irrigation. 

See  above,  this  title,  Appropriation. 
See  below,  this  title,  Public  Use. 
Manxtfacturing  Uses 

See  above,  this  title,  Appropriation. 
See  below,  this  title,  Public  Use. 
Mining 

See  above,  this  title,  Appropriation. 
See  below,  this  title,  Public  Use. 
Municipalities,    Water    Supply    for,    See    "  Municipalities  —  Water 

Supply,"  and  "  Cities  —  Water  Supply." 
Names  of  Lakes  and  Kivers 

Local  or  special  laws  shall  not  be  passed  to  change.     (Minn.  IV  33.) 
Navigable 

Declaration  of  Navigability 

Legislature  shall  not  pass  special,  private  or  local  law  declaring 
streams  navigable.      (Ky.   59,    17;    Va.   IV   63.) 
Freedom  of 

Free  to  citizens  of  state  and  United  States  without  tax,  toll  or 

impost.      (Ala.  I  24.) 
Mississippi  and  navigable  waters  leading  to  same  shall  be  com- 
mon highways  and  forever  free  to  citizens  of  this  state  and  of 
the  United  States  without  tax,  duty,  impost  or  toll  therefor 

imposed  by  this  state.      (Mo.  I  1.) 

Equal  participation  in  free  navigation  of  the  Mississippi  is  an 

inherent  right  of  citizens  of  Tennessee;   it  cannot,  therefore, 

be  conceded  to  any  prince,  potentate,  power,  person  or  persons 

whatever.  (Tenn.  I  29.) 
All  shall  ever  remain  free  to  citizens  of  the  state  and  the  United 
States  without  tax,  impost  or  toll  imposed,  unless  expressly 
provided  for  by  general  assembly.  (S.C.  I  28,  XIV  1.) 
All  boundary  navigable  waters  and  all  such  leading  into  them, 
shall  be  common  highways  and  free  to  citizens  of  state  and  of 
United  States  without  tax,  duty  or  impost  or  toll.      (Minn. 

II  2.) 
Mississippi,  all  navigable  waters  leading  into  it  or  St.  Lawrence 
are  free  to  inhabitants  of  state  and  to  citizens  of  United  States 
without  tax,  impost  or  duty  therefor.      (Wis.  IX  1.) 
Obstructions  in 

No  person  or  corporation  claiming  or  possessing  frontage  of  tidal 
lands  on,  shall  destroy  or  obstruct  free  navigation  of.      (Cal. 

XV  2.) 
Legislature  never  to  authorize  permanent  obstruction  of,  but 
may  provide  for  the  removal  of  such  as  now  exist  whenever 
public  welfare  demands;  this  section  not  to  prevent  construc- 
tion, under  proper  authority,  of  drawbridges  for  railroads,  or 
other  roads,  nor  the  construction  of  booms  and  chutes  for  logs 


l.M)K\    L)io 


WATERS    {Cont'd, 

Navigable  (Cont'd) 

Obstructions  in  ( r.„,t 
in  sii.Ii  iiimii ti.  i 
or  Logs  undo    regulal 
Legislature  shall  not   1  oa<  I   ; 
authorizing  const  ru<  I 
of  obstructions  ther<  from 
No  navigable  stream  brii 
county  board  of  supei 
jecl  i"  reasonable  1  om | 
guard  rights  and  in 

no  such  law  shall  pj  1 

navigable  streams,  oj    pn 
ngvigal  ion   thereof.      I  Mich.   \  1 1 1    14 
Regulation  of  Rates  on 

Legislature  shall    pass    laws 

tariffs  to  prevent  unjust  discrimin 
ing  other  than   m-i   and   1 
same  by  adequate  penalti<  \  1 1  .. 

Oyster  Beds 

Natural  oyster  beds,  rocka  and  si 
of  state  subject  1 1    regulal  ••  • 

lature,  and  not  be  sold,  n 
Public  Property 

See  also  abov.  this  title, 

Water  of  every  natural  Btream  nol   h 

erty  of  the  state.  dedi( 
All  unappropriated  water  of  anj 

rential,  belongs  to  public.       N.W    XV] 
All  flowing  streams  and  natural  w 

of  the  -tate  for  mining,  i r r i l'  Mi 

Waters  of  all  natural   streams,  Bprii 

still  water,   within    thi 

Public  Use 

Use  of  all  waters  now  or  In 
distribution  declared   to  bt    .1   pi  I 
regulation  of  the  '    XI\ 

Use  of  all  waters  now  or  hen  !  °* 

distribution,  also  of  all  wat 
i.iit  which  subsequently 
tributed,  declared  to  be  a  publ 

Appropriated   for 

declared  public  use.     I  Mont.  Ill 
I   3,       ■    waters    for    ill  bt 

deemed  a   publ 


1540  State  Constitutions 


WATERS   (Cont'd) 
Rates 

Right  to  collect  for  use  of  waters  supplied  to  any  county,  city  and 
county,  or  town,  or  inhabitants  thereof,  is  a  franchise  and  cannot 
be  exercised  except  by  authority  of  and  in  the  manner  prescribed 

by  law.      (Cal.  XIV  2.) 
Same;  with  addition  of  "water  districts."      (Ida.  XV  2.) 
Legislature   shall   provide  by   law   the  manner   in   which   reasonable 
maximum  rates  may  be  established  to  be  charged  for  the  use  of 
water  sold,  rented  or  distributed  for  any  useful  or  beneficial  pur- 
pose.     (Ida.   XV  6.) 
Legislature  may  provide  by  law  that  county  commissioners  may,  on 
application  of  either  party  interested,  establish  reasonable  maxi- 
mum rates  for  water  whether  furnished  by  individual  or  corpora- 
tions.     (Colo.  XVI  S.) 
Shall   be   fixed   for  water   supplied  to   city   and   county,   or  city,   or 
town,  or  inhabitants  thereof,  by  governing  body  thereof,  as  legis- 
lative acts  are  passed  by  it,  for  periods  of  one  year  at  fixed  time; 
if  not  fixed  at  such  time,  peremptory  process  may  be  brought  to 
compel  action,  and  legislature  may  fix  other  penalties  for  delay; 
if  rates  are  collected  otherwise  than  so  established,  works  of  cor- 
poration or  individual  shall  be  forfeit  to  city  and  county,  city  or 
town  for  public  use.      (Cal.  XIV   1.) 

Reservoirs 

See  also  Eminent  Domain  —  Special  Public  Purposes. 

See  also  Eminent  Domain  —  Private  Purposes. 

In  forest  preserve,  three  per  cent,  of  land  may  be  used  for  reservoirs 
to  be  constructed,  owned  and  controlled  by  state  for  municipal 
water  supply,  for  canals  of  state,  and  to  regulate  flow  of  streams ; 
state  to  receive  reasonable  return;  detailed  provisions  as  to  expense 
and  conditions  of  use.     (N.Y.  VII  7.) 

Land  needed  for  storage  of  water  for  irrigation  may  be  purchased 
like  other  school  lands;  patent  to  issue  when  principal  and  interest 
paid,  either  at  time  of  sale  or  any  time  thereafter.    (N.D.  IX  158.) 

Right  to 

Common  law  doctrine  not  to  obtain  and  be  of  any  force  or  effect  in 

this  state.     (Ariz;.  XVII  1.) 

All  existing  rights  for  use  of  waters  of  state  for  useful  or  beneficial 

purpose  confirmed.      (Ariz.  XVII  2;  N.M.  XVI  1;  Utah  XVII  2.) 

Beneficial  to  be  basis,  measure,  and  limit  to  right  of.     (N.M.  XVI  3.) 

State  Engineer,  See  above,  this  title,  Administration  of  Resources. 

Supply  for  Municipal  Corporations,  See  Municipal  Corporations  — 

Water  Supply. 
Use  of 

In  providing  for,  state  equally  to  guard  all  various  interests  involved. 

(Wyo.  I   31.) 

Water  Courses 

Legislature  not  to  pass  any  local,  special  or  private  law  relating  to. 

(Miss.  TV  90.) 


I  M.l    \      I  »!■ 


WATERS   (Cont'd) 
Water  Powi  B 

Laws  may  be  passed  f,,r  the  development 

State  may  appropriate  monej 

power  of  Btate,  bul  not  under 

td  exceed  two-tentli  ill  of  taxable  ; 

Ltfal    preceding  stab  men! . 

Land-  retarj   of  intei 

hydro-electric  use  or  transmission,  from  grant* 

five  years  from  admission  ■ 

any  conveyance  or  transfer  void 
rower  developed  from   Illinois   state  dec] 

pari  or  in  Whole  as  provided  bj  law; 

every  10  years,  income  t"  be  paid  int< 

Wharves 

See  also  above,  this  tith  . 

In  harbors,  See  HARBORS. 

Legislature  to  pass  Laws  to  regulate  wrharfag         I        '' 

Establishment    and    regulation    of    wharves    and    publii 

power  of  county  court.      (W.Va.  \ Mil 
Right  to  collect  wharfage  on  wharvi 
under   control   of   and   dependent 

Xll 

No  tax,  toll,   impost    or   wharfage  Bhall   be   im] 
received  from  owners  of  anj  merehand 
unless  authorized  bj  legislature.     (Ala.  I24;S.< 

Person    or    private   corporation    or   associatioi 
facilities  directly  or  indirectly  to  or  for  the  publi 
an.l  under  control  of  railroad  commission. 

Rights   of  citj    or   town    in   or   to   it-   w  <' 
public  landings,  wh&rVes  and  docl 
of  three-fourths  of  all  members  elected  to  council 
thereof,  and  other  restrictions  provided  bj   law  . 
sale  by  mavor  to  be  passed  by  three  fourths 

• 

WEIGHTS,  See  Inspection. 
WHIPPING    See  Crimes  —  Punibhmi 
WILLS,  See  Decedents'  Estates —  Wills. 

WITNESSES 

See  also  EVIDENCE  . 

.4s  to  ritjhts  of  accused  to  p 

St  (     I   i;i  Ml  5  — RlGH  rS    01      '" 
QUALIFICATIONS 

Any    party    to   judicial    pr< 
testimony 


1542  State   Cossttiutions  • 

WITNESSES   (Cont'd) 

Qualifications   (Cont'd) 

In  civil  actions  no  witness  to  be  excluded  because  he  is  party  to 
suit  or  interested  in  trial,  but  in  actions  by  or  against  adminis- 
trators, executors  or  guardians,  in  which  judgment  may  be  ren- 
dered for  or  against  them,  neither  party  shall  be  allowed  to 
testify  against  the  other  as  to  any  transaction  with  or  statements 
of  the  testator,  intestate  or  ward,  unless  called  upon  to  testify 
thereto  by  opposite  party;  this  section  may  be  amended  or  repealed 
by   legislature.      (Ark.   Sched.   2.) 

Religious  test  prohibited.  (Ariz.  II  12;  Cal.  I  4;  Fla.  D.R.  5; 
Kan.  B.R.  7;  Ind.  I  7;  Iowa  I  4;  Mich.  II  17;  Mo.  II  5;  Xebr. 
I  4 ;  Xev.  I  4 ;  X.Y.  I  3 ;  X.D.  I  4 ;  Ohio  I  7 ;  Ore.  I  6 ;  Tex.  I  5 ; 
Utah  I  4;  Wash.  I  11;  Wis.  I  19;  Wyo.  I  18.) 

Absence  of  religious  belief  no  bar.      (Tex.  I  5;   Utah  I  4.) 

Religious  test  prohibited,  provided  belief  in  existence  of  God  and 
that  he  will  be  held  accountable  for  his  acts  and  be  rewarded  or 
punished   in   this  world  or  in  the  world  to  come.      (Md.  D.R.   36.) 

No  person  to  be  disqualified  on  account  of  religious  belief;  person 
who  denies  the  being  of  God  not  competent  to  testify  in  any  court. 

(Ark.  II  26,  XIX  1.) 

Husband  and  wife  not  compelled  to  testify  against  each  other  (not 
clear   whether   limited  to  criminal  cases).      (Utah  I   12.) 

Laws  may  be  passed  for  regulation  of  expert  witnesses  and  expert 
testimony  in  criminal  trials  and  proceedings.      (Ohio  II  39.) 
Rights 

Xot  to  be  confined  in  any  room  where  criminals  are  actually  im- 
prisoned.     (Cal.  I  6;   N.D.  I  6;   Wyo.  I   12.) 

Not  to  be  unreasonably  detained.  (Ark.  II  9;  Cal.  I  6;  Fla.  D.R. 
8;   Mich.  II    15;   N.Y.   I  5;   N.D.  I  6;   S.C.  I   19.) 

Not  to  be  imprisoned  for  purpose  of  securing  testimony  longer  than 
necessary  to  secure  deposition.      (Colo.  II    17;   Wyo.   I   12.) 

Same;  limited  to  criminal  proceeding.      (Mont.  Ill   17.) 

To  be  discharged  if  security  can  be  given ;  it  not,  deposition  to  be 
taken  by  some  judge  at  earliest  time  and  convenient  place,  and 
thereafter   witness   to  be   discharged   on    own    recognizance.      (Colo. 

.  II  17.) 
No  voter  during  time  of  holding  election  at  which  he  is  entitled  to 

vote,  to  be  compelled  to  attend  court  as  witness.     (Va.  II  29.) 
Same;  adds  "or  during  time  necessary  and  convenient  for  going  to 
and  returning  from  same".      (W.Va.  IV  3.) 
Weight  of  Testimony 

Not   to  be   affected  by   religious   opinions.      (Ariz.   II    12,    Ore.    I   6; 

Wash.    I    11.) 
WOMEN 

Right  to  vote,  See  Elections — Qualifications  and  Disqualifications 

of  Electors. 
Right    to   hold  office,   See   Public  Officers  —  Qualifications   and   Dis- 
qualifications —  Sex. 


i.NULX     L)l( 


WOMEN    (ConCd) 

Rights  in  regard  to  education,  8e<    I 
\ln, ,  iage,  See  Mabbiage. 
i.v  i  mployi  •  s,  fif<  e  I  ibob 

Ai.i:  n|.    ( lONBEM  i 

For  unmarried  women  to  be  14,     (S.C.  ill  n 
Equal  Rights 

Female  citizens  to  enjoj  equally  with  ami 
aud  religious   rights  and  privileg  tab   l\    l 

Laws   of   this   Btate   affecting   political    rights   and    p 
citizens  to  be  without  distinction  of      \        Wyo.  I 
Legislature   to   provide    for   equal    rights    in 

(K 
No  person,  on  accounl 
pursuing  any   lawful  business,  vocation,  or  profi 

Legislature    not    to    create    distinction    between    rigl  I 
women  bo  acquire,  own.  enjoy  and  dispose  of  property, 

tract  in   reference  thereto.      (Miss-.    1\    94.) 
Married  Women 

Removal  of  Disability 

"  Fully   emancipated  "   from   disability  count   "f  coverture, 

but  legislature  may  regulate  contracts  with   husband,  and  nal« 

of    I  id.      (Mitt,    I\ 

Local  or   special   law  not  to  be   passed   '*  relieving  .in   infant   of 
feme  covert  for  disability".     iKy.  59.) 
Separate  Property 

All    property   owned   by   either   husband   or   wife 

and    that    acquired    by    either    afterwards    bj    gift,     :•  *  n«    or 
descent,  to  be  separate   property.      K'al.    \  \    - 
Pri  pert  to  be  protected  fn 

III     13  I 
Legislature    to    provide    for    protection    and     rights    of    VOttttl 
in  acquiring  and  possessing  property 

husband,  ■  k'  6) 

Legislature  to  pass  Laws  necessary  to  pn 

ried  women   from   debts,   liabilities   and   ."titr.'I   ■  • 

DBA    ' 
Property   of   wife   at    time   of    ma  and    pi 

inherited  or  acquired  by  her,  to  n  *nd 

not  liable  for  debts  of  husband.     (Ga.  Ill  I  l.J 

Property    and    pecuniary    rights    of    mar; 
marriage  or  afterwards  acquired  bj  gift, 
not   to    he    subiee- 

.1  and  personal  propertj  of  married  woi 

her  separate  i  - 

and   may   be   devised,   b 

Bingle 

Real   and    | 


1544  State  Constitutions 


WOMEN    (Cont'd) 

Mabbied  Women  (Cont'd) 

Separate  Property    (Cont'd) 

marriage  and  property  to  which  she  becomes  entitled  after 
marriage,  to  be  her  separate  property  and  not  liable  for  debts 
of  husband.  (N.D.  XVII  213;  S.D.  XXI  5.) 
Property  of  wife,  owned  or  claimed  by  her  before  marriage  and 
that  acquired  afterwards  by  gift,  devise  or  descent,  to  be  her 
separate  property;  and  laws  to  be  passed  more  clearly  to  define 
rights  of  wife  in  relation  to  separate  property  and  to  that 
held  in  common  with  husband.  (New  IV  31;  Tex.  XVI  15.) 
Real  and  personal  property  of  woman  held  at  time  of  marriage 
or  which  she  may  thereafter  acquire  by  gift,  grant,  inheritance, 
devise  or  otherwise,  shall  be  her  separate  property  and  she 
shall  have  rights  incident  to  same  to  which  unmarried  woman 

or  man  is  entitled.  (S.C.  XVII  9.) 
Estate  of  every  woman  acquired  before  marriage,  and  property 
to  which  she  may  afterwards  become  entitled  by  purchase, 
gift,  grant,  inheritance  or  devise,  to  remain  her  estate  and 
property  and  not  liable  for  debts,  obligations  or  engagements 
of  husband,  and  may  be  conveyed,  devised  or  bequeathed  by 
her  as   if  she  were   unmarried.      (Ala.  X  209<;    Mich.   XVI   8; 

Utah  XXII  2.) 
Real  and  personal  property  of  any  female  acquired  before  or 
which  may  be  acquired  after  marriage,  to  remain  her  sole  and 
separate  estate,  not  to  be  liable  for  husband's  debts,  may  be 
devised  or  bequeathed,  and  with  written  assent  of  husband 
conveyed  by  her  as  if  she  were  unmarried.  (N.C.  X  6.) 
Real  and  personal  property  owned  before  marriage  or  acquired 
afterwards  by  gift,  devise,  bequest,  descent  or  purchase  to  be 
separate  property,  not  liable  for  debts  of  husband  without 
consent  in  writing.  Married  woman's  separate  real  or  per- 
sonal property  may  be  charged  in  equity  and  sold  or  rents 
sequestrated  for  purchase  money  or  for  amount  due  on  agree- 
ment in  writing  made  by  her  for  benefit  of  separate  property 
or  for  price  of  property  purchased  by  her  or  labor  and  material 
used  with  her  knowledge  or  consent  in  construction  of  build- 
ings or  for  repairs  or  improvements  on  her  property  or  agri- 
cultural or  other  labor  bestowed   tbereon   with  her  knowledge 

or  consent.      (Fla.  XI  1,  2.) 
Laws  to  be  passed  providing  for  registration.     (Nev.  IV  31;  Ore. 

XV   5;    Tex.   XVI   15.) 
Legislature  may  provide   for   time   and  mode  of  scheduling   sep- 
arate personal  property.      (Ark.   IX  8.) 
Right  to  Contract 

May  contract  and  be  contracted  with  in  same  manner  as  if  un- 
married.     (S.C.   XVII  9.) 
Legislature  net  prevented  from  regulating  contracts  between  hus- 
band and  wife:   legislature  not  to  create   distinctions  between 
rights  of  men  and  women  to  contract  in  reference  to  property. 

(Miss.   IV   94.) 


Index    Digest  i  :,-};, 


WOMEN    {Cont'd) 

Married  Women   {Cont'd) 

Life  Insurance  of  Husband 

Husband  may  insure  his  own  life  for  Bole   use  and   bene! 

wife   and   children,  and   in   case  of   death   of   husband,   amount 
thus  insured  to  be  paid  over  to  wife  and  Cbildr< 
ian,    if    under    age,    for    lier,    or    their    own    use    free    from    all 
claims    of    representativeB    of    her    husband,    or    any    of    liis 

creditors.      (N.<  .   X   7.) 
WORKMEN'S   COMPENSATION 

Legislature  to  enact  compulsory  compensation  law  applicable  to  workmen 
engaged  in  manual  or  mechanical   labor  in  employments   determined   by 
legislature  to  be  especially  dangerous,  by  which  "  compulsory  compi 
tion  "  to  be  required  to  be  paid  to  workman  by  employer  in  c8  ional 

injury  from  accident  arising  out  of  and  in  course  of  employment  is 
caused  in  whole  or  in  part,  or  contributed  to  by  necessary  risk  or  danger 
of  employment  or  inherent  in  nature  thereof,  or  by  failure  of  employer 
or  his  officers,  agents  or  employees,  to'exereise  i\wc  care  or  to  comply 
with  law  affecting  such  employment;  provided  that  it  is  optional  with 
employee  to  settle  for  compensation  or  to  retain  right  to  sue  employer 
"as  provided  by  constitution''.      (Ariz.  XVIII  8.) 

Legislature  may  by  appropriate  legislation  create  and  enforce  liability  on 
part  of  all  employers  to  compensate  their  employees  for  injury  incurred 
by  such  employees  in  course  of  their  employment  irrespective  of  fault  of 
either  party,  and  may  provide  for  settlement  of  disputes  arising  under 
legislation  contemplated  by  this  section,  by  arbitration,  or  by  industrial 
accident  board,  by  courts,  or  by  either  any  or  all  of  these  agencies,  not- 
withstanding anything  in  constitution.     (Cal.  XX  21.) 

Nothing  contained  in  constitution  to  be  construed  to  limit  power  of  legis- 
lature to  enact  laws  for  payment,  either  by  employers,  or  by  employ 
and  employees  or  otherwise,  either  directly  or  through  a  state  or  other 
system  of  insurance  or  otherwise,  of  compensation  for  injuries  to  em- 
ployees or  for  death  of  employees  resulting  from  such  injuries  without 
regard  to  fault  as  a  cause  thereof,  except  where  injury  occasioned  by 
wilful  intention  of  injured  employee  to  bring  about  injury  or  death  of 
himself  or  another,  or  where  it  results  solely  from  intoxication  of  in- 
jured employee  while  on  duty;  or  for  adjustment,  determination  and 
settlement,  with  or  without  trial  by  jury,  of  issues  which  may  arise 
under  such  legislation;  or  to  provide  that  right  of  such  compensation 
and  remedy  therefor  shall  be  exclusive  of  all  other  rights  and  remedies 
for  injuries  to  employees  or  for  death  resulting  from  such  injuries:  or 
to  provide  that  amount  of  such  compensation  for  death  shall  not  exceed 
a  fixed  or  determinable  sum:  provided  that  all  moneys  paid  by  empl 
to  his  employees  or  their  legal  representatives  by  reason  of  oent 

of  any  of  the  laws  herein  authorized  shall  be  held  to  be  proper  eh 
in  cost  of  operating  business  of  employer.      (N.Y.   T    10.  i 

For  purpose  of  providing  compensation  to  workmen  and  their  depen 

for  death,  injuries  or  occupational  diseases,  occasioned  in  uch 

workmen's  employment,  laws  maj  be  i^issed  establishing  nd  I 

created  by  compulsory  contribution  thereto  by  employers,  and   admin- 


1544  State  Constitutions 


WOMEN    (Cont'd) 

Marbied  Women  (Cont'd) 

Separate  Property   (Cont'd) 

marriage  and  property  to  which  she  becomes  entitled  after 
marriage,  to  be  her  separate  property  and  not  liable  for  debts 
of  husband.      (N.D.  XVII  213;   S.D.  XXI  5.) 

Property  of  wife,  owned  or  claimed  by  her  before  marriage  and 
that  acquired  afterwards  by  gift,  devise  or  descent,  to  be  her 
separate  property;  and  laws  to  be  passed  more  clearly  to  define 
rights  of  wife  in  relation  to  separate  property  and  to  that 
held  in  common  with  husband.      (Nev.  IV  31;   Tex.  XVI   15.) 

Real  and  personal  property  of  woman  held  at  time  of  marriage 
or  which  she  may  thereafter  acquire  by  gift,  grant,  inheritance, 
devise  or  otherwise,  shall  be  her  separate  property  and  she 
shall  have  rights  incident  to  same  to  which  unmarried  woman 

or  man  is  entitled.      (S.C.  XVII  9.) 

Estate  of  every  woman  acquired  before  marriage,  and  property 
to  which  she  may  afterwards  become  entitled  by  purchase, 
gift,  grant,  inheritance  or  devise,  to  remain  her  estate  and 
property  and  not  liable  for  debts,  obligations  or  engagements 
of  husband,  and  may  be  conveyed,  devised  or  bequeathed  by 
her  as   if  she  were   unmarried.      (Ala.   X  209';    Mich.   XVI   8; 

Utah  XXII  2.) 

Real  and  personal  property  of  any  female  acquired  before  or 
which  may  be  acquired  after  marriage,  to  remain  her  sole  and 
separate  estate,  not  to  be  liable  for  husband's  debts,  may  be 
devised  or  bequeathed,  and  with  written  assent  of  husband 
conveyed  by  her  as  if  she  were  unmarried.      (N.C.  X  6.) 

Real  and  personal  property  owned  before  marriage  or  acquired 
afterwards  by  gift,  devise,  bequest,  descent  or  purchase  to  be 
separate  property,  not  liable  for  debts  of  husband  without 
consent  in  writing.  Married  woman's  separate  real  or  per- 
sonal property  may  be  charged  in  equity  and  sold  or  rents 
sequestrated  for  purchase  money  or  for  amount  due  on  agree- 
ment in  writing  made  by  her  for  benefit  of  separate  property 
or  for  price  of  property  purchased  by  her  or  labor  and  material 
used  with  her  knowledge  or  consent  in  construction  of  build- 
ings or  for  repairs  or  improvements  on  her  property  or  agri- 
cultural or  other  labor  bestowed   thereon   with  her  knowledge 

or  consent.      (Fla.  XI  1,  2.) 

Laws  to  be  passed  providing  for  registration.     (Nev.  IV  31;  Ore. 

XV   5;    Tex.   XVI    15.) 

Legislature  may  provide   for   time   and  mode  of  scheduling   sep- 
arate personal   property.      (Ark.   IX  8.) 

Right  toContract 

,,        Hract  and  be  contracted  with  in  same  manner  as  if  un- 
May  coi. 

married.      (S.C.   XVII  9.) 

■      .  ,  ^t  prevented  from  regulating  contracts  between  hus- 

,       ,        ,     fe;   legislature  not  to   create   distinctions   between 
band  and  w       /  .       .  , 

...       ,         and  women  to  contract  in  reference  to  property, 
rights  of  me,  ,,,.      y*       ' 


(Miss.   IV  94.) 


I  m  >  i  \     I  » :  i  >  - 1 

WOMEN    (Cont'd) 

Married  Womi        -     \t'd) 

Life  Insurance  of  Husband 

llusliand    1 1 1 ; i \    insure   hia  i 

wife  and  children,  and   h 
thus  Insured  to  be  p.ii.l  ovei  t. 
ian.    if   under   age,    for   her, 
claims    of    representatives 

WORKMEN'S   COMPENSATION 

Legislature  to  enact  compulsory  a 
engaged  in  manual  <>r  mechanical   labor  iii  • 
legislature  to  be  especiallj  dangerous,  bj  which 
tion  "  to  l>e  required  to  be  paid  to  workman  bj  1 1 
injury  from   accident   arising  out   of  and    ii 
caused  in  whole  or  in  part,  or  contributed  to  bj  n 
of  employment  or  inherent  in  nature  thereof,  or  by  fail 
or  his  officers,  agents  or  employees,  t©"< 
with  law  affecting  such  employment;   provided  that  il   . 
employer  in  settle  for  compensation  or  to  retail 
"as  provided  by  constitution  ".      (Ariz.  Will   - 

Legislature  may  by  appropriate  legislation  create  and  enl 
part  of  all  employers  to  compensate  their  employees  for  injm 
by  such  employees  in  course  of  their  employment  irr< 
either  party,  and  may  provide  for  settlement  of  dispute 

legislation  contemplated  by  tin tion,  by  arbitration,  i  "i»l 

accident  hoard,  by  courts,  or  by  either  any  or  all  of  t! 
withstanding  anything  in  constitution,      it  al.  XX   21.) 

Nothing  contained  in  constitution  to  ■  trued  to  lira 

lature  to  enact  laws  for  payment,  either  by  emp 
and  employees  or  otherwise,  either  directly  or  throug 
system  of  insurance  or  otherwise,  of  compensation  for 
ployees  or  for  death  of  empl<  suiting  from  such  injui 

regard  to  fault  as  a  cause  thereof,  except   where  injur, 
wilful  intention  of  injured  emph  bring  aboul   inj 

himself  or  another,  or  where  it   results   solelj    t 
jured  employee  while  on   duty;   or   for  adjustment, 
settlement,   with   or   without    trial    by   jury,   of 
under  such  legislation;   or  to  provide   that   r: 
and  remedy  therefor  shall  be  exclusive  of  all  other  ri 
for  injuries  to  employees  or  for  d< 
to  provide  that  amount  of  such  compensation  for 
a  fixed  or  determinable  sum;  provided  that  al- 
to his  employees  or  their  legal  r< 
of  any  of  the  laws  herein  author! 
in  cost  of  operating  business  of  employer. 

For  purpose  of  providing  compensate 
for  death,  injuries  or  occu]    I 
workmen's  employment,  laws  maj 
created  by  compulsory  contributi 


1546  State  Constitutions 


WORKMEN'S  COMPENSATION  (Cont'd) 

istered  by  state,  determining  terms  and  conditions  upon  which  payments 
shall  be  made  therefrom,  and  taking  away  any  or  all  rights  of  action  or 
defenses  from  employees  and  employers;  but  no  right  of  action  to  be 
taken  away  from  employee  when  injury,  disease  or  death  arises  from 
failure  of  employer  to  comply  with  lawful  requirement  for  protection 
of  lives,  health  and  safety  of  employees.  Laws  may  be  passed  establishing 
board  which  may  be  empowered  to  classify  occupations,  according  to 
degree  of  hazard,  to  fix  rate  of  contribution  to  such  fund  according  to 
such  classification,  and  to  collect,  administer  and  distribute  such  fund, 
and  to  determine  all  rights  of  claimants  thereto.      (Ohio   II   35.) 

Legislature  may  pass  laws  compelling  compensation  for  injuries  received 
by  employees  in  course  of  their  employment  resulting  in  death  or  bodily 
hurt,  for  benefit  of  such  employees,  their  widows  or  next  of  kin.  It 
may  designate  class  or  classes  of  employers  and  employees  to  which  such 

laws  shall  apply.     (Vt.  II  66.) 

As  to  extra  hazardous  employments,  legislature  to  provide  by  law  for 
accumulation  and  maintenance  of  fund  or  funds  out  of  which  to  be 
paid  compensation  as  fixed  by  law  according  to  proper  classifications  to 
persons  injured  in  such  employment  or  to  dependent  families  of  such 
as  die  as  result  of  such  injuries,  except  in  case  of  injuries  due  solely 
to  culpable  negligence  of  injured  employee.  Such  fund  or  funds  to  be 
accumulated,  paid  into  state  treasury  and  maintained  in  manner  pro- 
vided by  law.  Right  of  each  employee  to  compensation  from  fund  to 
be  in  lieu  of  right  of  action  against  contributing  employer  in  favor  of 
any  person  or  persons  by  reason  of  such  injury  or  death.      (Wyo.  X  4 

(1914).) 
WRITS 

For  power  of  courts  to  issue.  See  the  various  classes  of  courts  throughout 
the  title  Courts.  For  style  of,  See  Courts  —  Process.  For  special 
provisions  as  to  habeas  corpus.  See  Habeas  Corpus,  Writ  of. 


[VI 


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